Page:Australian Electoral Commission v Johnston.pdf/17

Hayne J

At any time before the declaration of the result of a Senate election the Australian Electoral Officer for the relevant State or Territory may, on the written request of any candidate "setting forth the reasons for the request", or of the officer's own motion, direct or conduct a re-count of the ballot papers contained in any parcel or in any other category determined by the Australian Electoral Officer. If the Australian Electoral Officer refuses the request of a candidate for a re-count, the candidate may, in writing, appeal to the Electoral Commissioner to direct a re-count. The Electoral Commissioner has a discretion either to direct a re-count of the ballot papers or to refuse to direct a re-count.

Section 279B regulates the conduct of a re-count. It requires the opening of the sealed parcels of ballot papers which are to be re-counted and the counting of the votes in the parcels. Section 280 provides that:

"The officer conducting a re-count shall have the same powers as if the re-count were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot paper."

Section 281 provides, in part, that:

1. The officer conducting a re-count may, and at the request of any scrutineer shall, reserve any ballot paper for the decision of the Australian Electoral Officer.

2. The Australian Electoral Officer shall decide whether any ballot paper so reserved is to be allowed and admitted or disallowed and rejected."

Section 279B(7) requires the Australian Electoral Officer to scrutinise the ballot papers which are reserved for decision and mark each as "admitted" or "rejected" according to his or her decision.

On 5 August 2013, the Governor-General in Council issued writs for the election of members of the House of Representatives for the States and