15Order of transfer

15 Order of transfer (1) Subject to subclauses (2) to (4), if after any count or transfer under this Schedule, 2 or more candidates each has a surplus, the order of any transfers of those surpluses must be: (a) in accordance with the relative sizes of the surpluses; and (b) on the basis that the surplus of the candidate having the largest surplus is to be transferred first. (2) Subject to subclause (4), if after any count or transfer under this Schedule, 2 or more candidates have equal surpluses, the order of any transfers of those surpluses must be: (a) in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes; and (b) on the basis that the surplus of the candidate with the largest number of votes at that count or transfer is to be transferred first. (3) However, if there has been no such count or transfer, an authorised officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which the surpluses are to be dealt with. (4) If a candidate obtains a surplus after any count or transfer under this Schedule, the surplus must not be transferred before the transfer of any surplus obtained by any other candidate on an earlier count or transfer.

Constitutional Convention (Election) Act 2011 103 16 Order of exclusion (1) If the candidate who has the fewest votes is required to be excluded and there are 2 or more candidates each having the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded. (2) However, if there has been no such count or transfer, the be present, draw lots to determine which candidate will be excluded. 17 Setting aside of ballot papers (1) If the total number of votes of an elected candidate is equal to the quota, the ballot papers expressing those votes must be set aside as finally dealt with. (2) For subclause (1), the ballot papers include: (a) ballot papers expressing first preference votes received by the candidate; and (b) ballot papers obtained by the candidate on transfers under this Schedule. 18 Death of candidate If a candidate dies before the end of the polling day: (a) a vote indicated on a ballot paper opposite the name of the candidate must be counted to the candidate next in the order of the voter's preference; and (b) the numbers indicating subsequent preferences are taken to have been altered accordingly. Note for clause 18 See section 109.

Constitutional Convention (Election) Act 2011 104 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Constitutional Convention (Election) Act 2011 (Act No. 41, 2011) Assent date 21 December 2011 Commenced 21 December 2011 Constitutional Convention (Election) Amendment Act 2013 (Act No. 38, 2013) Assent date 19 December 2013 Commenced 19 December 2013 Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Supreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017) Assent date 5 September 2017 Commenced 22 November 2017 (Gaz S84, 21 November 2017, p 1) Liquor Act 2019 (Act No. 29, 2019) Assent date 3 September 2019 Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)