Document ID: chunk:federal_register_of_legislation:F2012L02400:body:0:p10
Version: federal_register_of_legislation:F2012L02400
Segment Type: other
Provision Reference: 
Character Range: 22536–25303

scrutineer fails to comply with subsection (4), the returning officer may exclude the scrutineer from the counting and scrutiny of the ballot papers.

 (6) The returning officer must not delay the preliminary scrutiny of declaration envelopes or counting of ballot papers solely because a scrutineer is unable to attend the scrutiny or counting.

29 Preliminary scrutiny of declaration envelopes

 (1) The returning officer must conduct a preliminary scrutiny of declaration envelopes, to ensure only one vote is counted for each eligible voter, by:
 (a) removing each voter's declaration envelope from the reply paid envelope; and
 (b) examining the voter's declaration on the declaration envelope; and
 (c) marking the voter's name off on the roll of voters.

 (2) The preliminary scrutiny may commence before the ballot closes.

 (3) The returning officer must not count a voter's ballot paper if:
 (a) the voter did not complete the declaration envelope to the returning officer's satisfaction; or
 (b) the voter is not an eligible voter; or
 (c) the returning officer is unable to find the voter on the roll of voters.

 (4) If a voter has returned more than one ballot paper, the returning officer must count only one of the voter's ballot papers and must decide which one to count before opening the declaration envelope.

 (5) If the returning officer decides not to count a voter's ballot paper, the returning officer must:
 (a) place the ballot paper, and any other election material returned by the voter, in a sealed parcel; and
 (b) endorse the parcel to indicate the parcel's contents and the election to which the parcel relates; and
 (c) sign and date the endorsement.

30 Counting of ballot papers

Removal of declaration section

 (1) Before opening a declaration envelope to count a ballot paper, the returning officer must remove the declaration from the declaration envelope so that the eligible voter can no longer be identified.

Informal votes not to be counted

 (2) The returning officer must not count a ballot paper if:
 (a) it does not bear the initial or other identifying mark of the returning officer; or
 (b) it does not indicate the voter's first preference in accordance with the instructions on how to complete the ballot paper; or
 (c) the voter's intention is not clear from the marking used by the voter; or
 (d) the ballot paper is not returned inside a declaration envelope.

Counting of votes

 (3) If, after first preference votes have been counted, a candidate has an absolute majority of the votes, namely 50% plus one vote, the returning officer must declare the candidate to be elected.

 (4) If no candidate has an absolute majority after first preferences are counted, the returning officer must:
 (a) exclude the