21Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.

Counting votes: transfer of preferences of provisionally unsuccessful candidates etc. 21. (1) Where a ballot-paper indicates a first preference for: (a) a party: (i) that was not excluded under section 19; but (ii) did not receive a seat under subsection 20 (1); or (b) a candidate: (i) of a party that was not excluded under section 19; and (ii) who was not provisionally elected under subsection 20 (3) or (4); the vote given by that ballot-paper shall be transferred to: (c) where the ballot-paper indicates a next available preference for another party, or a candidate of another party, not excluded—that other party; or (d) where the ballot-paper indicates a next available preference for an independent candidate not excluded—that candidate. (2) Where a ballot-paper indicates a first preference for an independent candidate who: (a) was not excluded under section 19; but (b) did not receive a seat under subsection 20 (1); the vote given by that ballot-paper shall be transferred to: (c) where the ballot-paper indicates the next available preference for a party, or a candidate of a party, not excluded—that party; or (d) where the ballot-paper indicates the next available preference for another independent candidate not excluded—that candidate. (3) Where a ballot-paper indicates: (a) a first preference for a candidate: (i) of a party that was not excluded under section 19; and (ii) who was not provisionally elected under subsection 20 (3) or (4); and (b) a next available preference for another candidate of that party; that next available preference shall be taken to be the first preference. (4) For the purposes of subsections (1), (2) and (3): (a) where a ballot-paper indicates a vote that has been transferred under subsection 19 (4) or (5) because of a next available preference for a party, a candidate of a party or an independent candidate, the ballot-paper shall be taken to indicate the first preference for that party, candidate of that party, or independent candidate, as the case may be; and (b) where subsection 19 (5) applies to a ballot-paper, preferences indicated by the party voting ticket shall be taken to be indicated by the ballot-paper. (5) The base number within the meaning of subsection 19 (1) as increased under subsections 19 (4) and (5) of each party and independent candidate shall be adjusted by: (a) adding to the base number the votes transferred to the party or independent candidate under subsections (1) and (2); and (b) deducting from the base number the votes for that party or independent candidate that were transferred under subsection (1) or (2) to another party or an independent candidate or to a party or another independent candidate, as the case may be.