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Aboriginal Land Rights Regulation 2020
40Counting of votes
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#### 40 Counting of votes
40 Counting of votes
> > (1) The returning officer must as soon as practicable after voting takes place in a ballot under this Division—
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> > > (a) examine each ballot-paper and reject those which are informal, and
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> > > (b) proceed to count the votes in accordance with this clause.
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> > (2) The returning officer is to examine the ballot-papers and count the votes in the presence of any scrutineers and any other persons the returning officer thinks fit.
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> > (3) Each candidate may nominate a person present at the meeting to act as a scrutineer for the candidate.
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> > (4) A ballot-paper must be rejected as informal if the elector has failed to record the elector’s vote in the manner directed by the returning officer.
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> > (5) A ballot-paper is not to be rejected as informal merely because of any mark or writing that is not authorised or required by this Regulation if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.
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> > (6) In any election for Board members, the method of counting votes is to be the “first past the post” method, that is, the candidate or candidates with the most votes is or are taken to be elected.
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> > (7) If the number of candidates to be elected cannot be determined because of an equality of votes, the candidate taken to be elected is the candidate whose name is drawn by lot from a receptacle containing the names of each of the candidates having equal votes.