Document ID: chunk:federal_register_of_legislation:C2025C00105:schedule:2:p5
Version: federal_register_of_legislation:C2025C00105
Segment Type: schedule
Provision Reference: sch 2 (pt 5/7)
Character Range: 250091–252714

candidates shall be elected.
17.  Subject to clauses 18 and 19, where, after any count under this Schedule, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first.
18.  Subject to clause 19, where, after any count under this Schedule, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative numbers of votes of those candidates at the last count at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count being transferred first, but if there has been no such count the authorised electoral officer shall determine the order in which the surpluses shall be dealt with.
19.  Where, after any count under this section, a candidate obtains surplus votes, those surplus votes shall not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count.
20.  Where a candidate is elected by reason that the number of first preference votes received by him or her, or the aggregate of first preference votes received by him or her and all other votes obtained by him or her, on transfers under this Schedule, is equal to the quota, all the ballot papers expressing those votes shall be set aside as finally dealt with.
21.  A ballot paper shall be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.
22.  Where a candidate dies before the scrutiny, a vote indicated on a ballot paper opposite the name of that candidate shall be counted to the candidate next in the order of the voter's preference, and the numbers indicating subsequent preferences shall be deemed to be altered accordingly.
23.  For the purposes of this Schedule, each of the following is a separate transfer:
 (a) a transfer under clause 4, 5 or 12 of all the surplus votes of an elected candidate;
 (b) a transfer under paragraph 8(a) of all ballot papers expressing a first preference vote for an excluded candidate;
 (c) a transfer under paragraph 8(b) of all ballot papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value.
24.  In this Schedule:
adjusted notional vote, in relation to a continuing candidate, means, in a case where a candidate or candidates has or have been elected, the sum of:
 (a) the number of notional votes of the continuing