Page:Australian Electoral Commission v Johnston.pdf/16

Hayne J

Section 273B permits a scrutiny of votes for a Senate election to be conducted partly under s 273 and partly under s 273A.

Section 273(2) requires Assistant Returning Officers to conduct an original scrutiny of votes. Each Assistant Returning Officer, in the presence of a polling official and of such authorised scrutineers as may attend, must reject all informal ballot papers "and arrange the unrejected ballot papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate". Each Assistant Returning Officer must seal up the parcels of ballot papers and transmit the parcels to the Divisional Returning Officer with the least possible delay.

Upon receiving the sealed parcels of ballot papers from Assistant Returning Officers, the Divisional Returning Officer is required to make a fresh scrutiny of the ballot papers contained in the parcels, "and for this purpose the officer shall have the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given by an Assistant Returning Officer in relation to the original scrutiny". The procedures which must then be followed are similar to those for the original scrutiny. The Divisional Returning Officer, having completed the fresh scrutiny, must place all informal ballot papers in a separate parcel and bundle the unrejected ballot papers under the names of the respective candidates. The officer must place in separate parcels all the ballot papers on which a first preference is indicated above the line for a candidate and all the ballot papers on which a first preference is marked below the line for that candidate. The Divisional Returning Officer must count the first preference votes given for each candidate and transmit information, this time to the Australian Electoral Officer for the relevant State or Territory, about the number of first preference votes given for each candidate (distinguishing between those votes cast above the line and those cast below the line) and the total number of ballot papers rejected as informal.