102Computerised scrutiny of votes

102  Computerised scrutiny of votes

Determination that computerised scrutiny applies

 (1) This section applies to the *scrutiny in an election for a particular State or Territory if the Electoral Commissioner, before the *close of the poll, makes a written determination that this section applies to the scrutiny of votes for that State or Territory.

Determining election result

 (2) Each DRO must deal as follows with all ballot-papers received by him or her:

 (a) reject any ballot-papers that are informal because of paragraphs 105(1)(a), (b) or (c), and place the rejected ballot-papers in one or more parcels;

 (b) arrange the ballot-papers that are not Part A invalid within the meaning of subsection 105(6) into parcels by placing under the name of each candidate all the ballot-papers on which a first preference is indicated for that candidate;

 (c) reject any of the ballot-papers which are informal because of paragraph 105(1)(d), and place the rejected ballot-papers in one or more parcels;

 (d) place in a parcel or parcels all the ballot-papers received by the DRO, other than:

 (i) the ballot-papers referred to in paragraph (b); and

 (ii) the ballot-papers rejected as informal;

 (e) seal up all the parcels and endorse on each parcel a description of the contents, and permit any scrutineers present, if they so desire, to countersign the endorsement;

 (f) as soon as possible, *transmit the parcel or parcels referred to in paragraph (d) to the AEO;

 (g) transmit the following information to the AEO:

 (i) the number of first preference votes given for each candidate on ballot-papers referred to in paragraph (b);

 (ii) the total number of ballot-papers rejected as informal.

Processing of ballot-papers received by Australian Electoral Officer

 (3) The AEO must scrutinise all the ballot‑papers received by him or her, and must reject the informal ones.

Determining election result

 (4) The AEO must then ascertain the successful candidates, and their order of election, by using a computer to apply the principles set out in subsections 101(8) to (30) (inclusive). A tie at any step in the process is to be resolved in the same way as a tie in the corresponding step is resolved under section 101.

Rights of scrutineers

 (5) For proceedings under subsections (3) and (4) of this section, the requirements of subsection 94(2) are met if the scrutineers have access to:

 (a) a record of the preferences on the ballot-papers that have been received by the AEO and whose details have been stored in the computer (including informal ballot-papers, and formal ballot-papers that are not sequentially numbered); and