Commonwealth Electoral Act 1918

A ballot paper in a Senate election is not informal under paragraph 268(1)(b) if:

the voter has marked the ballot paper in accordance with paragraph 239(1)(b); or

if there are more than 6 squares printed on the ballot paper below the line—the voter has consecutively numbered any of those squares from 1 to 6 (whether or not the voter has also included one or more higher numbers in those squares).

For the purposes of this Act:

a voter who, in a square printed on the ballot paper below the line, marks only a single tick or cross is taken as having written the number 1 in the square; and

the following numbers written in a square printed on the ballot paper below the line are to be disregarded:

numbers that are repeated and any higher numbers;

if a number is missed—any numbers that are higher than the missing number.

Paragraph (2)(b) applies both for the purposes of determining whether a ballot paper is formal, and for the purposes of determining which numbers marked on a ballot paper are counted in the election.

A ballot paper has squares below the line that are numbered 1, 2, 3, 3, 4, 5 and 6. The vote is informal because, by disregarding the numbers 3 and upwards under subparagraph (2)(b)(i), only 2 squares have been numbered.