Constitutional Convention (Election) Act 1997
113Conduct of recount
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113 Conduct of recount
(1) At the time and place fixed for the recount and in the presence of any scrutineers who attend and of an officer of the Australian Public Service, the officer conducting the recount must open every sealed parcel of ballot‑papers to be recounted and count the votes in the parcel.
(2) A parcel containing ballot‑papers to be recounted must be opened without destroying or rendering illegible any writing on the parcel and the contents of the parcel must not be allowed to become mixed with ballot‑papers from any other parcel.
(3) After the votes in a parcel have been counted, the officer conducting the recount must replace the ballot‑papers in their original cover, reseal and refasten the cover, place the resealed parcel in a new cover, and seal and fasten the new cover.
(4) The officer conducting the recount must write on the new cover a statement of the fact and date of the recount of the votes in the cover and, along with such of the persons present who choose to add their signatures, must sign the statement.
(5) The officer must place any ballot‑papers reserved for the decision of the AEO in a sealed and fastened parcel bearing the signatures of the officer and the scrutineers who choose to add their signatures and a note of the number of ballot‑papers in the parcel, the name of the *Division and the date.
(6) The officer must place the parcel in a sealed and fastened outer cover addressed to the AEO and, without delay, send the parcel to the AEO by hand, registered post or *courier service.
(7) The AEO must open the parcel in the presence of an officer of the Australian Public Service and of any scrutineer who attends and must:
(a) scrutinise the ballot‑papers; and
(b) mark each ballot‑paper “admitted” or “rejected” according to his or her decision.
(8) After scrutinising all the ballot‑papers, the AEO must restore them to their original cover, refasten and reseal the cover, and write on the cover:
(a) the number of ballot‑papers contained in the cover; and
(b) a statement that all ballot‑papers have been the subject of decisions by him or her.
(9) The AEO must sign the cover, along with such other persons present when the ballot‑papers were scrutinised as choose to add their signatures.
(10) The AEO must then enclose the parcel in a new cover, fasten and seal the cover and send the parcel to the officer conducting the recount by hand, registered post or *courier service.
(11) The AEO must inform the officer conducting the recount in writing of the numbers of ballot‑papers admitted or rejected by him or her, and the officer must complete the recount on the basis of the AEO’s decision.