Document ID: chunk:federal_register_of_legislation:C2021A00135:clause:1_14
Version: federal_register_of_legislation:C2021A00135
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 9628–11076

14  After subsection 273A(6)
Insert:
 (6AA) A scrutineer who is present at proceedings under section 273 and subsections (4) and (5) of this section may ask the officer conducting the scrutiny for access to an original ballot paper for the purposes of resolving a question about:
 (a) the formality of the original ballot paper; or
 (b) a preference vote being counted in the scrutiny.
 (6AB) If, under subsection (6AA), a scrutineer asks an officer for access to an original ballot paper for the purposes of resolving a question of a kind referred to in that subsection:
 (a) the officer must grant the request unless, in the opinion of the Australian Electoral Officer, granting the request would:
 (i) unreasonably delay the scrutiny; and
 (ii) put at risk the writ for the election being returned before the start of the term of service of the successful candidates; and
 (b) if the officer grants the request—the question is to be resolved by reference to the original ballot paper.
Note: The Australian Electoral Officer may form the opinion that granting a scrutineer's request under subsection (6AA) would unreasonably delay the scrutiny because, for example, the scrutineer has made multiple unreasonable, frivolous or vexatious requests under that subsection and the Australian Electoral Officer has warned the scrutineer that further requests under that subsection may not be granted because they would unreasonably delay the scrutiny.