Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 105

105. Section 135 of the Principal Act is amended-

   (a)  by omitting all the words preceding sub-section (1) and substituting
        the following sub-section:

''(1A) In a Senate election the scrutiny shall, subject to sections 91A, 96,
121, 121A and 121B and the regulations relating to absent voting and to voting
by post, be conducted, and the several vacancies shall be filled, in the
manner set out in this section.'';

   (b)  by inserting in paragraph (1) (a) ''sent to him under
sub-section 113C (8) or 114 (10) or'' after ''ballot-boxes'';

   (c)  by omitting paragraph (1) (d) all the words after ''ballot-papers'';

   (d)  by omitting from paragraph (1) (h) all the words after
        ''sub-section'';

   (e)  by omitting paragraph (3) (c) and substituting the following
        paragraph:

''(c) sections 91A, 96, 121, 121A and 121B.''; and

   (f)  by omitting sub-sections (5) to (12) (inclusive) and substituting the
        following sub-sections:

''(5) Where, for the purposes of the succeeding provisions of this section,
the number of ballot-papers or votes in any category is required to be
ascertained or a quota or transfer value is required to be determined, the
Australian Electoral Officer for the State shall ascertain the number from the
information received from the Divisional Returning Officers for the State or
shall determine the quota or transfer value, as the case may be.

''(6) The number of first preference votes given for each candidate and the
total number of all such votes shall be ascertained and a quota shall be
determined by dividing the total number of first preference votes by 1 more
than the number of candidates required to be elected and by increasing the
quotient so obtained (disregarding any remainder) by 1, and any candidate who
has received a number of first preference votes equal to or greater than the
quota shall be elected.

''(7) Unless all the vacancies have been filled, the number (if any) of votes
in excess of the quota (in this section referred to as 'surplus votes') of
each elected candidate shall be transferred to the continuing candidates as
follows:

   (a)  the number of surplus votes of the elected candidate shall be divided
        by the number of first preference votes received by him and the
        resulting fraction shall be the transfer value;

   (b)  the total number of ballot-papers of the elected candidate that
        express the first preference vote for him and the next available
        preference for a particular continuing candidate shall be multiplied
        by the transfer value, the number so obtained (disregarding any
        fraction) shall be added to the number of first preference votes of
        the continuing candidate and all those ballot-papers shall be
        transferred to the continuing candidate,

and any continuing candidate who has received a number of votes equal to or
greater than the quota on the completion of any such transfer shall be
elected.

''(8) Unless all the vacancies have been filled, the surplus votes (if any) of
any candidate elected under sub-section (7), or elected subsequently under
this sub-section, shall be transferred to the continuing candidates in
accordance with paragraphs (7) (a) and (b), and any continuing candidate who
has received a number of votes equal to or greater than the quota on the
completion of any such transfer shall be elected.

''(9) Where a continuing candidate has received a number of votes equal to or
greater than the quota on the completion of a transfer under sub-section (7)
or (8) of the surplus votes of a particular elected candidate, no votes of any
other candidate shall be transferred to the continuing candidate.

''(10) For the purposes of the application of paragraphs (7) (a) and (b) in
relation to a transfer under sub-section (8) or (12) of the surplus votes of
an elected candidate, each ballot-paper of the elected candidate that was
obtained by him on a transfer under this section shall be dealt with as if any
vote it expressed for the elected candidate were a first preference vote, as
if the name of any other candidate previously elected or excluded had not been
on the ballot-paper and as if the numbers indicating subsequent preferences
had been altered accordingly.

''(11) Where, after the counting of first preference votes or the transfer of
surplus votes (if any) of elected candidates, no candidate has, or less than
the number of candidates required to be elected have, received a number of
votes equal to the quota, the candidate who has the fewest votes shall be
excluded and all his votes shall be transferred to the continuing candidates
as follows:

   (a)  the total number of ballot-papers of the excluded candidate that
        express the first preference vote for him and the next available
        preference for a particular continuing candidate shall be transferred,
        each ballot-paper at a transfer value of 1, to the continuing
        candidate and added to the number of votes of the continuing candidate
        and all those ballot-papers shall be transferred to the continuing
        candidate;

   (b)  the total number (if any) of other votes obtained by the excluded
        candidate on transfers under this section shall be transferred from
        the excluded candidate in the order of the transfers on which he
        obtained them, the votes obtained on the earliest transfer being
        transferred first, as follows:

        (i)    the total number of ballot-papers transferred to the excluded
               candidate from a particular candidate and expressing the next
               available preference for a particular continuing candidate
               shall be multiplied by the transfer value at which the votes
               were so transferred to the excluded candidate;

        (ii)   the number so obtained (disregarding any fraction) shall be
               added to the number of votes of the continuing candidate;

        (iii)  all those ballot-papers shall be transferred to the continuing
               candidate.

''(12) Any continuing candidate who has received a number of votes equal to or
greater than the quota on the completion of a transfer under sub-section (11)
or (13) of votes of an excluded candidate shall be elected, and, unless all
the vacancies have been filled, the surplus votes (if any) of the candidate so
elected shall be transferred in accordance with paragraphs (7) (a) and (b),
except that, where the candidate so elected is elected before all the votes of
the excluded candidate have been transferred, the surplus votes (if any) of
the candidate so elected shall not be transferred until the remaining votes of
the excluded candidate have been transferred in accordance with paragraphs
(11) (a) and (b) to continuing candidates.

''(13) Subject to sub-section (15), where, after the transfer of all the votes
of an excluded candidate, no continuing candidate has received a number of
votes greater than the quota, the continuing candidate who has the fewest
votes shall be excluded and his votes shall be transferred in accordance with
paragraphs (11) (a) and (b).

''(14) Where a candidate is elected as a result of a transfer of the first
preference votes of an excluded candidate or a transfer of all the votes of an
excluded candidate that were transferred to the excluded candidate from a
particular candidate, no other votes of the excluded candidate shall be
transferred to the candidate so elected.

''(15) In respect of the last vacancy for which 2 continuing candidates
remain, the continuing candidate who has the larger number of votes shall be
elected notwithstanding that that number is below the quota, and if those
candidates have an equal number of votes the Australian Electoral Officer for
the State shall have a casting vote, but he shall not otherwise vote at the
election.

''(16) Notwithstanding any other provision of this section, where, on the
completion of a transfer of votes under this section, the number of continuing
candidates is equal to the number of remaining unfilled vacancies, those
candidates shall be elected.

''(17) Each Divisional Returning Officer shall, on the completion of the last
count-

   (a)  make out and sign a statement setting out, in respect of the Division
        for which he is Divisional Returning Officer, the number of
        ballot-papers and votes counted to each candidate at each count, other
        than ballot-papers marked in accordance with sub-section 123 (1A) and
        the votes expressed by such ballot-papers, and the number of informal
        ballot-papers, and shall forward the statement to the
        Australian Electoral Officer for the State;

   (b)  place in a separate parcel all the ballot-papers which have been
        rejected as informal;

   (c)  place in a separate parcel all the unrejected ballot-papers; and

   (d)  seal up the parcels and indorse on each parcel a description of the
        contents thereof, and permit any scrutineers present, if they so
        desire, to countersign the indorsement.

''(18) For the purposes of this Act-

   (a)  the order of election of candidates in a Senate election shall be
        taken to be in accordance with the order of the count or transfer as a
        result of which they were elected, the candidates (if any) elected on
        the count of first preference votes being taken to be the earliest
        elected; and

   (b)  where 2 or more candidates are elected as a result of the same count
        or transfer, the order in which they shall be taken to have been
        elected shall be in accordance with the relative numbers of their
        votes, the candidate with the largest number of votes being taken to
        be the earliest elected, but if any 2 or more of those candidates each
        have the same number of votes, the order in which they shall be taken
        to have been elected shall be taken to be in accordance with the
        relative numbers of their votes at the last count or transfer before
        their election at which each of them had a different number of votes,
        the candidate with the largest number of votes at that count or
        transfer being taken to be the earliest elected, and if there has been
        no such count or transfer the Australian Electoral Officer for the
        State shall determine the order in which they shall be taken to have
        been elected.

''(19) Subject to sub-sections (20) and (21), where, after any count or
transfer under this section, 2 or more candidates have surplus votes, the
order of any transfers of the surplus votes of those candidates shall be in
accordance with the relative sizes of the surpluses, the largest surplus being
transferred first.

''(20) Subject to sub-section (21), where, after any count or transfer under
this section, 2 or more candidates have equal surpluses, the order of any
transfers of the surplus votes of those candidates shall be in accordance with
the relative numbers of votes of those candidates at the last count or
transfer at which each of those candidates had a different number of votes,
the surplus of the candidate with the largest number of votes at that count or
transfer being transferred first, but if there has been no such count or
transfer the Australian Electoral Officer for the State shall determine the
order in which the surpluses shall be dealt with.

''(21) Where, after any count or transfer under this section, a candidate
obtains surplus votes, those surplus votes shall not be transferred before the
transfer of any surplus votes obtained by any other candidate on an earlier
count or transfer.

''(22) Where the candidate who has the fewest votes is required to be excluded
and 2 or more candidates each have the fewest votes, whichever of those
candidates had the fewest votes at the last count or transfer at which each of
those candidates had a different number of votes shall be excluded, but if
there has been no such count or transfer the Australian Electoral Officer for
the State shall determine which candidate shall be excluded.

''(23) Where a candidate is elected by reason that the number of first
preference votes received by him, or the aggregate of first preference votes
received by him and all other votes obtained by him on transfers under this
section, is equal to the quota, all the ballot-papers expressing those votes
shall be set aside as finally dealt with.

''(24) A ballot-paper shall be set aside as exhausted where on a transfer it
is found that the paper expresses no preference for any continuing candidate.

''(25) In any case to which sub-section 123 (2) applies, a vote indicated on a
ballot-paper opposite the name of a deceased candidate shall be counted to the
candidate next in the order of the voter's preference, and the numbers
indicating subsequent preferences shall be deemed to be altered accordingly.

''(26) For the purposes of this section, a transfer under sub-section (7), (8)
or (12) of the surplus votes of an elected candidate, a transfer in accordance
with paragraph (11) (a) of all first preference votes of an excluded candidate
or a transfer in accordance with paragraph (11) (b) of all the votes of an
excluded candidate that were transferred to him from a particular candidate
each constitutes a separate transfer.

''(27) In this section-

'continuing candidate' means a candidate not already elected or excluded from
the count;

'State' includes Territory.

''(28) In this section, a reference to votes of or obtained or received by a
candidate includes votes obtained or received by the candidate on any transfer
under this section.''.