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COMMONWEALTH ELECTORAL ACT 1918 - SECT 282

Re - count of Senate votes to determine order of election in other circumstances

  (1)   Where the scrutiny in an election of Senators for a State held following a dissolution of the Senate under section   57 of the Constitution has been completed, the Australian Electoral Officer for that State shall conduct a re - count of the ballot papers in the election in accordance with subsections   273(7) to (30) (inclusive) as if:

  (a)   in subsection   273(8) "half" were inserted before "the number of candidates"; and

  (b)   the only names of candidates appearing on the ballot papers were the names of the candidates elected at the election and the numbers indicating preferences had been altered accordingly.

  (2)   Sections   280 and 281 do not apply in relation to a re - count under subsection   (1).

  (3)   The result obtained in a re - count under subsection   (1) in relation to a Senate election shall not affect the result of that election.

  (4)   Where, in a Senate election:

  (a)   an elector has marked a ballot paper according to subsection   239(2) or paragraph   269(1)(b); and

  (b)   the elector has also marked the ballot paper in such a way that, had it not been marked according to subsection   239(2) or paragraph   269(1)(b), the ballot paper would have been informal;

the ballot paper shall be treated, for the purposes of this section, as if the only marking on the ballot paper were the marking according to subsection   239(2) or paragraph   269(1)(b).

 


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