Commonwealth Consolidated Regulations

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WOOL SERVICES PRIVATISATION (WOOL LEVY POLL) REGULATIONS 2003 - REG 18

Counting the votes

  (1)   After the close of polling, the returning officer must, for each rate proposed in the poll, add the number of votes represented by the ballot - papers on which a first preference is indicated for the rate.

  (2)   If a rate has a majority of votes, based on the number of votes represented by ballot - papers on which a first preference is indicated for each rate, the returning officer must declare that rate to be elected as the rate that must, under subsection   32 (4) of the Act, be recommended by the research body.

  (3)   If, after ascertaining the total number of first preference votes for each rate in accordance with subregulation   (1), no rate has a majority of votes, the returning officer must take the following steps:

  (a)   the rate with the fewest votes must be excluded, and each ballot - paper marked with a vote for that rate must be re - allocated to the rate (if any) indicated next in order of preference on the ballot - paper;

  (b)   the process of excluding the rate with the fewest votes, and re - allocating ballot - papers marked with a vote for that rate to the unexcluded rate (if any) indicated next in order of preference on the ballot - paper must be repeated (if necessary) until 1 rate has a majority of votes;

  (c)   the returning officer must declare the rate that has a majority of votes after the exclusion of other rates under this subregulation   to be elected as the rate that must, under subsection   32 (4) of the Act, be recommended by the research body.

  (4)   For subregulation   (1), the number of votes represented by a ballot - paper is the same as the voting entitlement stated on the ballot - paper.

  (5)   In paragraphs   ( 3) (b) and (c), majority means a majority of the votes represented by formal ballot - papers other than any ballot - papers that do not indicate a preference for any unexcluded rate.

  (6)   For paragraphs   ( 3) (a) and (b), a ballot - paper is marked with a vote for a rate if:

  (a)   the ballot - paper indicates a first preference vote for the rate; or

  (b)   all rates for which the ballot - paper indicates higher preferences have been excluded from the count by a previous operation of paragraph   ( 3) (a).

  (7)   If, on any count:

  (a)   2 or more rates ( lowest ranking rates ) have an equal number of votes; and

  (b)   one of them has to be excluded;

the rate to be excluded is the rate with fewer votes than any of the other lowest ranking rates at the last count at which one of those rates had fewer votes than any of the others, but, if there has been no such count, the returning officer must decide by lot which of them is to be excluded.

  (8)   For counting votes under this regulation, the returning officer may use a computer program for counting votes electronically.


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