Electoral Act 1985

An approved computer program may, if the Electoral Commissioner so determines, be used in the scrutiny of votes in an election.

If an approved computer program is used in the scrutiny of votes in an election, the provisions of section 95 apply to the conduct of the scrutiny and the filling of vacancies as follows:

subsections (2) and (3) apply according to their terms;

the processes described in subsections (4)(a) and (4)(b) are to be carried out in conjunction with the entry into the computer of the necessary data from the ballot papers and the operation of the computer to identify remaining informal ballot papers (after taking into account the operation of subsection (4a) (if relevant));

the computer must continue to be operated so as to carry out processes corresponding to those that would be required to be carried out according to subsections (4)(c) to (15)

(after taking into account the operation of subsection (4a) (if relevant));

however, if, in carrying out processes corresponding to those referred to in subsection (21) or (23), there has not been a count or transfer at which the candidates had a different number of votes, the computer processes must pause while the returning officer makes a determination in accordance with that subsection and causes the result of the determination to be entered into the computer;

continuing candidates who at any stage of the scrutiny have received a number of votes equal to or greater than the quota will be elected;

subsections (16),

apply according to their terms.