Electoral Act 2004

(1) If a declaration cannot be made under section 127, an authorised officer for the division must:

(a) open all parcels containing formal ballot papers for the division; and

(b) subject to subsection (2), continue the scrutiny in accordance with this

Part.

(2) The officer must:

(a) conduct a second count and for that purpose exclude from consideration the candidate for whom the fewest number of first preference votes has been cast and count the votes cast in favour of that candidate to the candidate next in order of the voter's preference, if any; and

(b) if no candidate then has more than 50% of the formal votes then remaining in the count – follow the process of excluding from consideration the candidate who has the fewest number of votes and counting the votes cast in favour of that candidate to the unexcluded candidate next in the order of the voter's preference, if any until one candidate has received more than 50% of the formal votes then remaining in the count.

(3) However, if there are 2 or more candidates with the fewest number of votes and one of them is to be excluded from the count, the officer must decide by lot the candidate to be excluded.

(4) In addition, if there are 2 candidates remaining in the count having the same number of formal votes cast in their favour, the Commission must:

(a) under section 130, direct an authorised officer for the division to recount all ballot papers; and

(b) if, after the recount, the candidates have an equal number of formal votes cast in their favour – decide by lot the successful candidate.

(5) After complying with subsections (1), (2), (3) and (4), the officer must:

(a) make and sign a statement stating the results of the scrutiny to that point; and

(b) give the statement to the Commission; and

(c) keep a copy of the statement.

(6) The candidate decided under subsection (2) or (4) must be declared by the

Commission to be returned as elected.

(7) The officer must, on completing the scrutiny:

(a) place all formal votes in separate parcels; and

(b) seal the parcels and endorse on each parcel a statement of its contents;

and

(c) allow any candidate's scrutineers present, if they desire, to sign each parcel.