Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_130:p1
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 130 (pt 1/3)
Character Range: 128206–130930

130  Conduct of the recount

        The Returning Officer must conduct the recount in accordance with Schedule 3.

      131  Declaration of the recount

       (1) As soon as practicable after the result of the recount has been decided, the Returning Officer must:
          (a) make and sign a statement setting out the result of the recount and the name of the person elected; and
          (b) give a copy of the statement to the Electoral Commissioner; and
          (c) arrange for a copy of the statement to be published in a newspaper circulating in the ward for which the former member was elected.

       (2) As soon as practicable after receiving the statement, the Electoral Commissioner must give a copy of the statement to the TSRA.

      Division 3  By-elections

      132  Conduct of by-elections

       (1) If the TSRA notifies the Minister under subrule 126 (4) that the Electoral Commissioner cannot proceed with the filling of a casual vacancy by recounting votes, a by-election must be held to fill the casual vacancy, unless the vacancy arises in a calendar year in which an election is to be held.

       (2) The by-election must be conducted in accordance with these Rules as in force on the day on which the notice is published in the Gazette under subrule 133 (2) as if the by-election were an election for the ward for which the former member was elected.

      133  Timing of by-elections and location of polling places

       (1) The Minister must, by notice, fix a day or days for polling in a by-election.

       (2) The Minister must issue the notice:
          (a) within a period of not more than 12 months after the casual vacancy arises; and
          (b) subject to subrule (3), before the beginning of the year in which the next election is to be held.

       (3) If it is not possible to issue the notice before the beginning of the year in which the next election is to be held, the Minister must issue the notice as soon as practicable after the beginning of the year.

       (4) The Minister must publish a copy of the notice in the Gazette at least 60 days before the day, or the first of the days, fixed in the notice.

       (5) The Electoral Commissioner must, by notice, appoint by name the polling places he or she considers necessary for the by-election.

       (6) The Electoral Commissioner must give a copy of the notice to the TSRA at least 14 days before the day, or the first of the days, fixed under subrule (1).

               Part 7  Electoral offences

      134  Interpretation

        In this Part, relevant period, in relation to an election under these Rules, means the period commencing on the publication in the Gazette of the notice