Document ID: chunk:federal_register_of_legislation:C2025C00152:section:274:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 274 (pt 2/5)
Character Range: 577192–579994

being taken is not entitled to object to a ballot paper before the closing of the poll, but may after the closing make any objections as if the ballot‑box had not been dealt with under this subsection.

            Note: The actions set out in paragraphs (2)(a), (aa), (ab) and (ac) do not including counting (see paragraph (2)(b)).
 (2A) If, in a House of Representatives election, there are more than 2 candidates for a Division, the Australian Electoral Officer for the State or Territory that includes the Division must, in writing, direct each Assistant Returning Officer for the Division, and the Divisional Returning Officer for the Division, to conduct a count of preference votes (other than first preference votes) on the ballot papers that, in the opinion of the Australian Electoral Officer, will best provide an indication of the candidate most likely to be elected for the Division.
 (2B) An Assistant Returning Officer to whom a direction is given under subsection (2A) must:
 (a) count the preference votes in accordance with the direction; and
 (b) transmit to the Divisional Returning Officer any information required by the direction;
in the manner specified in the direction.
 (2C) A Divisional Returning Officer to whom a direction is given under subsection (2A) must count the preference votes in accordance with the direction:
 (a) at the time of the fresh scrutiny under subsection (7); and
 (b) at the time at which the Divisional Returning Officer examines and counts ballot papers recording declaration votes other than ballot papers recording declaration votes that were examined and counted at the time of the fresh scrutiny.
 (3) The Divisional Returning Officer shall open all ballot‑boxes not opened by an Assistant Returning Officer, and shall conduct the scrutiny of the ballot papers contained therein in the manner aforesaid as far as applicable.
 (4) The Divisional Returning Officer shall, in the manner prescribed by this Act or the Regulations, examine, count, and deal with all ballot papers used for casting declaration votes.
 (7) The Divisional Returning Officer:
 (a) shall open the containers of ballot papers received from the Assistant Returning Officers in or for the Division;
 (b) shall make a fresh scrutiny of the ballot papers, and, for the purpose of that scrutiny, shall have the same powers as if it were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny;
 (c) from the result of the scrutiny of the votes counted under the provisions of subsections (3) and (4), and the fresh scrutiny conducted under the provisions of this subsection, shall ascertain the total number of first preference votes given for each candidate and the number of informal ballot papers; and