Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p10
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 10/13)
Character Range: 88229–90901

or her under subregulation (1) is guilty of an offence.
Penalty: 5 penalty units.
 (4) However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).
 (5) An offence against subregulation (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

3.21  Conduct of the count
 (1) As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate.
 (2) A scrutineer, appointed under regulation 3.18, may be present at the count.
 (3) A returning officer must, as soon as practicable before the count, notify each candidate, or a scrutineer of each candidate, of the place where, and the time when, the count is to occur.
 (4) The candidate who receives the most votes is the successful candidate.
 (5) If 2 or more candidates receive the same number of votes, the successful candidate is to be determined by lots drawn by the returning officer.

3.22  Informal ballot‑papers
  A ballot‑paper is informal if:
 (a) it is not initialled by the returning officer; or
 (b) it has no vote marked on it; or
 (c) it is so imperfectly marked that the intention of the person who marked the ballot‑paper is not clear; or
 (d) it has any mark or writing on it by which the person who marked the ballot‑paper can be identified.

3.23  Completion of the count
  After the count conducted in respect of a poll has been completed, the returning officer must prepare, date and sign a statement setting out:
 (a) the number of valid votes given to each candidate; and
 (b) the number of informal ballot‑papers.

3.24  Destruction of election material
  At the end of 6 months after notification of the result of the poll for an election is given under regulation 3.27, the returning officer may destroy:
 (a) the nominations for that election; and
 (b) the ballot‑papers, including any spoilt ballot‑papers, for the election.

Division 5—Result of election

3.25  Request for recount
 (1) At any time before notification of the result of the poll for an election is given under regulation 3.27, the returning officer:
 (a) on his or her own initiative—may conduct a recount of any ballot‑papers received in the election; or
 (b) if a candidate makes a request, either orally or in writing, for a recount of any ballot‑papers received in the election and gives reasons for the request—must conduct a recount of the ballot‑papers.
 (2) In conducting a recount, the returning officer: