(1) In this Schedule, unless the contrary intention appears:
ballot-papers of the former member means:
(a) if the former member obtained an absolute majority on first preferences—the ballot‑papers on which those first preferences are marked; or
(b) if the former member was elected after a transfer or transfers of ballot-papers—all the ballot‑papers counted to the former member at the time when he or she was elected.
continuing unsuccessful candidate means an unsuccessful candidate who:
(a) has made a declaration under rule 101F; and
(b) is not excluded from the recount.
(2) In this Schedule, unless the contrary intention appears, a word or phrase defined or used in Schedule 2A to the Act has the same meaning as in that Schedule.
For the recount:
(a) a number marked on a ballot‑paper is taken to express a preference for a candidate if it is part of a sequence of consecutive unrepeated numbers beginning with 1 marked on the ballot‑paper; and
(b) preferences expressed for:
(i) the former member; and
(ii) unsuccessful candidates who have not made a declaration under rule 101F;
must be disregarded; and
(c) the numbers on ballot‑papers that show preferences subsequent to those specified in paragraph (b) are taken to be altered accordingly.
For the recount, a continuing unsuccessful candidate has an absolute majority if, after any particular transfer conducted in the course of the recount, the number of votes credited to that candidate is more than 50% of the total number of votes credited at that stage of the recount to all the continuing unsuccessful candidates.
The returning officer must, at the time and place fixed for the recount, in the presence of the scrutineers in attendance (if any) and a person employed or engaged under Division 4 of Part II of the Commonwealth Electoral Act 1918:
(a) produce the ballot‑papers bearing votes credited to the former member; and
(b) deal with those ballot‑papers in accordance with this Schedule.
The ballot-papers of the former member must be transferred to the unsuccessful candidates who have made a declaration under rule 101F by transferring each of the former member’s ballot‑papers to the unsuccessful candidate for whom the highest available preference is shown on the ballot‑paper.
If an unsuccessful candidate who has made a declaration under rule 101F receives an absolute majority, that unsuccessful candidate must be declared to be elected.
If no unsuccessful candidate has an absolute majority after the process referred to in clause 5:
(a) the unsuccessful candidate with the fewest votes must be excluded; and
(b) each of his or her ballot‑papers must be transferred to the continuing unsuccessful candidate for whom the next available preference is shown on the ballot-paper.
If:
(a) after the process referred to in clause 5 or 7, 2 or more continuing unsuccessful candidates have an equal number of votes; and
(b) a further continuing unsuccessful candidate must be excluded;
the returning officer is to decide by lot which candidate is to be excluded.
If, after the process referred to in clause 7, no continuing unsuccessful candidate has received an absolute majority, the process described in clause 7 is to be repeated until:
(a) a continuing unsuccessful candidate has received an absolute majority of the votes of the former member; or
(b) there are only 2 continuing unsuccessful candidates.
If there are only 2 continuing unsuccessful candidates:
(a) the continuing unsuccessful candidate with the most votes must be declared to be elected; or
(b) if the continuing unsuccessful candidates have an equal number of votes—the returning officer is to decide by lot which candidate is to be elected.
A ballot-paper must be set aside as exhausted if, at any stage during the recount, it is found that the ballot‑paper expresses no preference for a continuing unsuccessful candidate.
Note: Endnotes
Note: Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.