Electoral Act 1992

The commissioner shall arrange for the conduct of the preliminary scrutinies necessary in relation to a poll until the following documents have been dealt with in accordance with this section:

all completed declaration voting papers (including those used for postal voting or electronic voting under section 136H) received by the commissioner or another officer on or before polling day;

all completed declaration voting papers used for postal voting received by the commissioner before the end of the 6th day after the close of the poll;

any envelope referred to in section 176 (1) (d) containing a ballot paper recording the vote of an Antarctic elector.

A preliminary scrutiny shall not be conducted earlier than the 5th day before polling day.

The commissioner shall display a notice in a prominent place at the office of the commissioner specifying the date and time when, and the place where, a preliminary scrutiny is to begin.

The notice shall be so displayed no later than 4 pm on the day before the beginning of the preliminary scrutiny.

A preliminary scrutiny, other than for electronic voting under section 136H, shall be conducted in accordance with schedule 3.

Schedule 3 applies, so far as practicable, in relation to a vote cast under part 11 (Polling in Antarctica) by an Antarctic elector as if—

the vote were a declaration vote other than a postal vote; and

a declaration signed by the elector specifying the electorate in relation to which the elector is an Antarctic elector appeared on the envelope referred to in section 176 (1) (d); and

a reference in that schedule to a set of declaration voting papers were a reference to that envelope.

At a preliminary scrutiny, declaration voting papers shall not be rejected for further scrutiny because of a formal error.

A preliminary scrutiny shall be taken to be part of the scrutiny in relation to an election.