Document ID: chunk:federal_register_of_legislation:C2016A00025:clause:1_23
Version: federal_register_of_legislation:C2016A00025
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 9712–11377

23  Subsection 269(1)
Repeal the subsection, substitute:
 (1) A ballot paper in a Senate election is not informal under paragraph 268(1)(b) if:
 (a) the voter has marked the ballot paper in accordance with subsection 239(2); or
 (b) the voter has marked the number 1, or the number 1 and one or more higher numbers, in squares printed on the ballot paper above the line.
 (1A) For the purposes of this Act:
 (a) a voter who, in a square printed on the ballot paper above the line, marks only a single tick or cross is taken as having written the number 1 in the square; and
 (b) the following numbers written in a square printed on the ballot paper above the line are to be disregarded:
 (i) numbers that are repeated and any higher numbers;
 (ii) if a number is missed—any numbers that are higher than the missing number.
Note: Paragraph (1A)(b) applies both for the purposes of determining whether a ballot paper is formal, and for the purposes of determining which numbers marked on a ballot paper are counted in the election.
Example: A ballot paper has squares above the line that are numbered 1, 1, 2 and 3. The vote is informal because, by disregarding the numbers 1 and upwards under subparagraph (2)(b)(i), no squares have been numbered.
 A second ballot paper has squares above the line that are numbered consecutively from 1 to 9 and then 11, 12, 13 and 14. The vote is formal under paragraph (1)(b). However, only the squares numbered from 1 to 9 are counted for the purposes of sections 273 and 273A because the numbers 11 and upwards are disregarded under subparagraph (b)(ii) of this subsection.

Votes that are formal both above and below the line