Document ID: chunk:federal_register_of_legislation:F2012L02400:body:0:p11
Version: federal_register_of_legislation:F2012L02400
Segment Type: other
Provision Reference: 
Character Range: 25053–27832

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 candidate with the fewest number of first preference votes; and
 (b) distribute the excluded candidate's second preference votes to the remaining candidates, discarding any ballot papers that do not show a second preference.

 (5) Then, the returning officer must:
 (a) if a candidate has an absolute majority of votes—declare the candidate to be elected; and
 (b) if no candidate has an absolute majority of votes— repeat the process in paragraphs (4) (a) and (b), until one candidate has an absolute majority of votes, and declare that candidate to be elected.

 (6) For paragraph (5) (b), if an excluded candidate's preference is for another excluded candidate, the returning officer must distribute the vote to the candidate (not being an excluded candidate) for whom the voter's next preference is shown.

 (7) If 2 or more candidates receive the same number of votes after preferences, the returning officer must conduct a draw of lots and declare the candidate, whose name is drawn first, to be elected.

 (8) The returning officer must give eligible voters reasonable notice of the time and place for the lot to be drawn, in order to give candidates and eligible voters the opportunity to attend the draw.

Election material to be kept

 (9) After counting the votes, the returning officer must:
 (a) place all ballot papers, declaration envelopes and reply paid envelopes in a sealed parcel; and
 (b) endorse the parcel to indicate the parcel's contents and the election to which it relates; and
 (c) sign and date the endorsement.

31 Objections to ballot papers

 (1) A scrutineer may object, during the scrutiny process, to the returning officer's decision to count or not count a ballot paper under section 29 or 30.

 (2) If a scrutineer objects, the returning officer must decide whether to count or not count the ballot paper, and endorse the returning officer's decision:
 (a) if the ballot paper was rejected on the basis of a defect in relation to the declaration envelope—on the declaration envelope; or
 (b) in any other case—on the ballot paper.

 (3) No further objection may be made in relation to the returning officer's decision under subsection (2).

32 Declaration of results

 (1) As soon as practicable after the ballot has closed, the returning officer must publish the information mentioned in subsection (2), by:
 (a) giving the information, in writing, to the Managing Director; and
 (b) either:
 (i) placing the information on the ABC's internal website; or
 (ii) sending the information to