Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p16
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 16/19)
Character Range: 146565–149169

of the poll.
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty: 10 penalty units.

3.18  Scrutineers
  Each candidate in a poll conducted by secret ballot may appoint one scrutineer to represent the candidate at the count.

3.19  Returning officer to be advised of scrutineers
  A candidate must tell the returning officer for the election the name of the candidate's scrutineer (if any) before the commencement of the count.

3.20  Persons present at the count
 (1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person:
 (a) is not entitled to be present, or to remain present, at the count; or
 (b) being entitled to be present, interrupts the count, except as provided by subsection (2).
 (2) A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer:
 (a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or
 (b) considers that an error has been made in the conduct of the count.
 (3) A person commits an offence of strict liability if the person fails to comply with a direction given to the person under subsection (1).
Penalty: 10 penalty units.
 (4) Subsection (3) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) 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 section 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