Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 104

104. After section 134 of the Principal Act the following section is inserted:
Senate ballot-papers deemed to be marked according to group voting tickets



''134A. (1) For the purposes of section 135, where-

   (a)  a ballot-paper in a Senate election has been marked in accordance with
        sub-section 123 (1A) by a mark having been placed in a square printed
        above the names of candidates in a group; and

   (b)  the candidates in that group have only one group voting ticket
        registered for the purposes of that election,
that ballot-paper shall be deemed to have been marked in accordance with that
ticket.

''(2) For the purposes of section 135, where-

   (a)  in a Senate election, a ballot-paper has, or ballot-papers have, been
        marked in accordance with sub-section 123 (1A) by a mark having been
        placed in a square printed above the names of candidates in a group;
        and

   (b)  the candidates in that group have 2 group voting tickets registered
        for the purposes of that election,
then-

   (c)  if the number of ballot-papers is an even number-half of the
        ballot-papers shall be taken to have been marked in accordance with
        one of the tickets and the other half in accordance with the other
        ticket; or

   (d)  if the number of ballot-papers is not an even number-

        (i)    one of the ballot-papers shall be deemed to have been marked in
               accordance with whichever of the 2 tickets is determined by lot
               by the Australian Electoral Officer for the relevant State or
               Territory; and

        (ii)   half the remainder (if any) of the ballot-papers shall be
               deemed to have been marked in accordance with one of the
               tickets and the other half in accordance with the other ticket.

''(3) For the purposes of section 135, where-

   (a)  in a Senate election a ballot-paper has, or ballot-papers have, been
        marked in accordance with sub-section 123 (1A) by a mark having been
        placed in a square printed above the names of candidates in a group;
        and

   (b)  the candidates in that group have 3 group voting tickets registered
        for the purposes of that election,
then-

   (c)  if the number of ballot-papers is a number divisible by 3 without any
        remainder-one-third of the ballot-papers shall be taken to have been
        marked in accordance with one of the tickets, one-third of the
        ballot-papers shall be taken to have been marked in accordance with
        another one of the tickets and the other one-third in accordance with
        the other ticket;

   (d)  if there is only one ballot-paper or the number of ballot-papers is a
        number divisible by 3 with a remainder of 1-

        (i)    the ballot-paper or one of the ballot-papers shall be deemed to
               have been marked in accordance with whichever of the 3 tickets
               is determined by lot by the Australian Electoral Officer for
               the relevant State or Territory; and

        (ii)   one-third of the remainder of the ballot-papers (if any) shall
               be deemed to have been marked in accordance with one of the
               tickets, one-third of that remainder shall be deemed to have
               been marked in accordance with another one of the tickets and
               the other one-third of that remainder shall be deemed to have
               been marked in accordance with the other ticket; or

   (e)  if there are 2 ballot-papers or the number of ballot-papers is a
        number divisible by 3 with a remainder of 2-

        (i)    one of the ballot-papers shall be taken to have been marked in
               accordance with whichever of the 3 tickets is determined by lot
               by the Australian Electoral Officer for the relevant State or
               Territory;

        (ii)   one of the ballot-papers shall be taken to have been marked in
               accordance with whichever of the other 2 tickets is determined
               by lot by the Australian Electoral Officer for the relevant
               State or Territory; and

        (iii)  one-third of the remainder of the ballot-papers (if any) shall
               be deemed to have been marked in accordance with one of the
               tickets, one-third of that remainder shall be deemed to have
               been marked in accordance with another one of the tickets and
               the other one-third of that remainder shall be deemed to have
               been marked in accordance with the other ticket.

''(4) Sub-section (5) applies if, and only if, effect cannot be given to
sub-section (2) or (3), as the case requires, for any reason.

''(5) For the purposes of section 135, where-

   (a)  a ballot-paper in a Senate election has been marked in accordance with
        sub-section 123 (1A) by a mark having been placed in a square printed
        above the names of candidates in a group; and

   (b)  the candidates in that group have 2 or 3 group voting tickets
        registered for the purposes of that election,
then, to the extent that the preferences shown in each ticket commencing with
the first preference are the same, the voter shall be taken to have marked the
ballot-paper so as to express those preferences and the voter shall be taken
not to have expressed any further preferences.''.