195 Regulations
(1) The Administrator may make regulations under this Act.
(2) The regulations may provide for the exclusion from the extract of
specified information about an elector who is less than 18 years of
age on the polling day.
(3) If a periodic general election is to be held under the Local
Government Act 2019 on the polling day and the Commissioner is
to be the returning officer for that election, the regulations may
provide for any of the following:
(a) additional provisions to facilitate the holding of the election
under this Act and the periodic general election on that day;
(b) modifications of specified provisions in Part 3 or 4 (but not the
Schedule) to facilitate the holding of both elections on that
day;
(c) a matter arising because of the holding of both elections on
that day.
Constitutional Convention (Election) Act 2011 96
section 108
1 Definitions
In this Schedule:
continuing candidate means a candidate not already elected or
excluded from a count under this Schedule.
elected, in relation to a candidate, means the candidate is to be
elected as determined under this Schedule.
excluded candidate means a candidate who is excluded under
clause 8 or 10.
quota means the quota worked out under clause 5(1)(c).
surplus, of an elected candidate, see clause 6(1).
transfer value:
(a) for a transfer of the surplus of an elected candidate – see
clause 6(1)(a) (including that clause as affected by clause 7);
or
(b) for a transfer of the votes of an excluded candidate – means
the transfer value mentioned in clause 8(3) or (5).
2 Interpretation – references to votes for a candidate
A reference to votes of, or obtained or received by, a candidate
includes votes obtained or received by the candidate on any
transfer under this Schedule.
3 Interpretation – what constitutes a separate transfer
For this Schedule, each of the following constitutes a separate
transfer:
(a) a transfer under clause 6 or 9(2) of the surplus of any elected
candidate;
(b) a transfer under clause 8(3) of all first preference votes of an
excluded candidate;
(c) a transfer under clause 8(5) of all the votes of an excluded
candidate that were transferred from another candidate.
Constitutional Convention (Election) Act 2011 97
4 Roles of authorised officer, other officers and scrutineers
The counting of votes for a division must be conducted by an
authorised officer with the assistance of any other officers, and in
the presence of any scrutineers, under this Schedule.
5 Determination of quota and election of candidate on first
preference votes
(1) The authorised officer must:
(a) ascertain the number of first preference votes given to each
candidate in the division; and
(b) ascertain the total number of first preference votes given in the
(c) determine the quota for the division, which is worked out as
follows:
(i) work out the amount that is equal to 25% of the total
number of first preference votes given in the division
(disregarding any fraction);
(ii) add 1 to that amount.
(2) Any candidate who has received a number of first preference votes
equal to or greater than the quota is elected.
6 Transfer of surplus from elected candidates
(1) Unless all the vacancies for the division have been filled, the
number (if any) of votes in excess of the quota (the surplus) of
each elected candidate must be transferred to the continuing
candidates as follows:
(a) the surplus must be divided by the number of first preference
votes received by the elected candidate (the resulting fraction
is the transfer value);
(b) the total number of ballot papers of the elected candidate that
both express the first preference vote for that candidate and
the next available preference for a particular continuing
candidate must be multiplied by the transfer value;
Constitutional Convention (Election) Act 2011 98
(c) the number so obtained (disregarding any fraction) must be
added to the number of first preference votes of the continuing
candidate and all those ballot papers must be transferred to
the continuing candidate.
Note for subclause (1)
Because of clause 7, the transfer value for an elected candidate's surplus is
effectively worked out by dividing the surplus by the total number of ballot papers
received by the elected candidate, including those expressing votes that are
taken to be first preference votes for the elected candidate under clause 7(a).
(2) Any continuing candidate who has received a number of votes
equal to or greater than the quota on the completion of any transfer
under subclause (1) is elected.
(3) Unless all the vacancies for the division have been filled:
(a) the surplus (if any) of any candidate elected under
subclause (2), or elected subsequently under this subclause,
must be transferred to the continuing candidates in
accordance with subclause (1); and
(b) any continuing candidate who has received a number of votes
equal to or greater than the quota on the completion of any
such transfer is elected.
Note for subclause (3)
See clause 7.
(4) If a continuing candidate has received a number of votes equal to
or greater than the quota on the completion of a transfer of the
surplus of a particular elected candidate because of subclause (1)
or (3), no votes of any other candidate are to be transferred to the
continuing candidate.
7 How to deal with ballot papers on transfer of surplus
For applying clause 6(1) to a transfer of the surplus of an elected
candidate because of clause 6(3)(a) or 9(2), each ballot paper of
the elected candidate that was obtained on a transfer under this
Schedule must be dealt with as if:
(a) any vote it expressed for the elected candidate were a first
preference vote; and
(b) any other candidate previously elected or excluded had not
been a candidate; and
(c) the subsequent preferences of the voter had been altered
accordingly.
Constitutional Convention (Election) Act 2011 99
8 Transfer of ballot papers on exclusion of candidate
(1) This clause applies if no candidate has, or less than 3 candidates
have, received a number of votes equal to or greater than the quota
after:
(a) the counting of first preference votes; or
(b) the election of a candidate and the transfer of the surplus (if
any) of the elected candidate that are capable of being
transferred.
(2) If this clause applies:
(a) the candidate who has the fewest votes must be excluded;
and
(b) the excluded candidate's votes and ballot papers must be
transferred to the continuing candidates as provided in
subclauses (3) to (5).
(3) The total number of first preference votes for the excluded
candidate contained in ballot papers that express the next available
preference for a particular continuing candidate must be transferred
(each first preference vote at a transfer value of one) to the
continuing candidate.
(4) The transferred votes must be added to the number of votes of the
continuing candidate and all the ballot papers containing those
votes must be transferred to the continuing candidate.
(5) The total number (if any) of other votes obtained by the excluded
candidate on transfers under this Schedule must be transferred
from the excluded candidate in the order of the transfers on which
they were obtained (the votes obtained on the earliest transfer
being transferred first) as follows:
(a) the total number of ballot papers of the excluded candidate
received from a particular candidate that express the next
available preference for a particular continuing candidate must
be multiplied by the transfer value at which the votes
contained in those papers were transferred to the excluded
candidate;
(b) the number so obtained (disregarding any fraction) must be
added to the number of votes of the continuing candidate;
(c) all those ballot papers must be transferred to the continuing
candidate.
Constitutional Convention (Election) Act 2011 100
9 Election of candidate on transfer of excluded candidate's votes
and transfer of surplus of elected candidate
(1) Any continuing candidate who has received a number of votes
equal to or greater than the quota on the completion of a transfer
under clause 8 of votes of an excluded candidate is elected.
(2) Unless all the vacancies for the division have been filled, the
surplus (if any) of the candidate so elected must be transferred in
accordance with clause 6.
Note for subclause (2)
See clause 7.
(3) However, if the candidate so elected is elected before all the votes
of the excluded candidate have been transferred, the surplus (if
any) of the candidate so elected must not be transferred until the
remaining votes of the excluded candidate have been transferred
as provided in clause 8(3) to (5) to continuing candidates.
10 Further exclusion of candidate
(1) If after the exclusion of a candidate and the transfer of the votes (if
any) of the excluded candidate that are capable of being
transferred, no continuing candidate has received a number of
votes greater than the quota:
(a) the continuing candidate who has the fewest votes must be
excluded; and
(b) that continuing candidate's votes and ballot papers must be
transferred as provided in clause 8(3) to (5).
(2) Subclause (1) has effect subject to clause 12.
11 No further transfer of votes
(1) This clause applies if a candidate is elected as a result of:
(a) a transfer of the first preference votes of an excluded
candidate; or
(b) a transfer of all the votes of an excluded candidate that were
transferred to the excluded candidate from a particular
candidate.
(2) No other votes of the excluded candidate may be transferred to the
candidate so elected.
Constitutional Convention (Election) Act 2011 101
12 Election of candidate out of 2 continuing candidates
(1) For the last vacancy for which 2 continuing candidates remain, the
continuing candidate who has the larger number of votes is elected
even if that number is below the quota.
(2) If those candidates have the same number of votes, the candidate
with the larger number of votes at the last preceding count or
transfer is taken to be elected.
(3) If the number of votes at that count or transfer was equal, the
be present, draw lots to determine which of the candidates is to be
elected.
13 Election of candidates if number of vacancies equal to number
of continuing candidates
Despite any other provision in this Schedule, if on the completion of
a transfer of votes under this Schedule the number of continuing
candidates is equal to the number of remaining unfilled vacancies,
those continuing candidates are elected.
14 Order of election
(1) For this Schedule, the order of election of candidates must be:
(a) in accordance with the order of the count or transfer as a
result of which they were elected; and
(b) on the basis that the candidates (if any) elected on the count
of first preference votes are to be the earliest elected.
(2) If 2 or more candidates are elected as a result of the same count or
transfer, the order in which they will be taken to have been elected
must be:
(a) in accordance with the relative numbers of their votes; and
(b) on the basis that the candidate with the largest number of
votes is to be the earliest elected.
(3) However, if 2 or more of those candidates each has the same
number of votes, the order in which they are taken to have been
elected must be:
(a) in accordance with the relative numbers of their votes at the
last count or transfer before their election at which each of
them had a different number of votes; and
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(b) on the basis that the candidate with the largest number of
votes at that count or transfer is to be the earliest elected.
(4) Furthermore, if there has been no such count or transfer, the
be present, draw lots to determine the order in which the
candidates are taken to have been elected.
(5) Of the 3 delegates elected for each division:
(a) the delegate who is last elected is elected as the reserve
delegate for the division; and
(b) the other 2 delegates are elected as ordinary delegates for the