109Recount

109  Recount

 (1) Before proceeding to recount any ballot‑papers, the Returning Officer must send to each candidate notice of the time and place fixed for the recount.

 (2) The Returning Officer must, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance and of an officer of the Australian Public Service, open every sealed parcel of ballot‑papers to be recounted, and must count the votes therein.

 (3) Each parcel of ballot‑papers to be recounted must be opened separately without destroying or rendering illegible any endorsement on the parcel and every care must be taken to prevent the ballot‑papers in the parcel from being mixed with the ballot‑papers in any other parcel.

 (4) After a parcel has been opened and the votes therein counted, the Returning Officer must replace the ballot‑papers in their original cover, which he or she must reseal, refasten, and then place in a new cover, which he or she must seal and fasten and make thereon an endorsement of the fact and date of the recount, and the Returning Officer and such persons authorised to be present at the recount as choose to add their signatures must sign the endorsement.

 (5) When any ballot‑papers are, at a recount, reserved for the decision of the Electoral Commissioner, the Returning Officer must, in the presence of the scrutineer or scrutineers in attendance, place the ballot‑papers in a properly fastened and sealed parcel bearing his or her signature and the signature or signatures of the scrutineer or scrutineers, together with an endorsement stating the number of ballot‑papers contained in it, the name of the ward, and the date.

Note   For sending ballot‑papers to the Electoral Commissioner electronically, see rule 110.

 (6) The Returning Officer must then place the parcel in a fastened and sealed outer cover fully addressed to the Electoral Commissioner and at once transmit the parcel to the Electoral Commissioner by hand, registered post or courier service.

 (7) On receipt of the parcel, the Electoral Commissioner must, in the presence of an officer of the Australian Public Service, and, if any candidate so desires, in the presence of a person appointed by such candidate, open the parcel and scrutinise the ballot‑papers and must mark each ballot‑paper ‘Admitted’ or ‘Rejected’, according to his or her decision to admit or reject such ballot‑papers.

 (8) When the Electoral Commissioner has given his or her decision on the ballot‑papers, he or she must restore them to their original cover, refasten and reseal the cover and endorse on it:

 (a) the number of ballot‑papers contained therein;

 (b) a statement that the ballot‑papers have been the subject of decision by him or her; and