Commonwealth Numbered Acts

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REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 96

Reservation of disputed ballot-papers

96. (1) At any recount of votes cast at a referendum, the officer conducting
the recount may, and at the request of any scrutineer shall, reserve any
ballot-paper for the decision of the relevant Australian Electoral Officer.

(2) The Australian Electoral Officer shall decide whether any ballot-paper
reserved for his decision pursuant to this section is to be allowed and
admitted or disallowed and rejected.

(3) In the event of the validity of a referendum being disputed, the High
Court may consider any ballot-papers which were reserved for the decision of
an officer referred to in sub-section (1) but shall not order a recount of the
whole or any part of the ballot-papers in connection with the referendum
unless it is satisfied that such a recount is justified. 


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