Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
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.''.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback