Commonwealth Numbered Regulations

1994 No. 390 ATSIC (REGIONAL COUNCILS-ELECTION OF OFFICEHOLDERS) REGULATIONS (AMENDMENT) - REG 3

3.1 Clause 5 (Method of choosing between candidates with the same number of
votes): Omit the clause, substitute: Determining the excluded candidate if
candidates receive the same number of votes

"5. (1) If:

   (a)  2 or more unexcluded candidates receive the same number of votes; and

   (b)  one of those candidates is required to be identified for exclusion for
        the purposes of clause 4; the returning officer must conduct an
        intermediate poll, involving only those candidates, to determine which
        of the candidates is excluded.



"(2) An intermediate poll must be conducted in accordance with Divisions 2, 3,
and 4 of Part 2 of these Regulations.



"(3) If, in the intermediate poll, a candidate receives fewer votes than any
other candidate, the first-mentioned candidate is excluded.

"(4) If, in the intermediate poll:

   (a)  2 or more candidates receive the same number of votes; and

   (b)  either:

        (i)    there are no other candidates; or

        (ii)   each of those candidates has received fewer votes than any
               other candidate; the returning officer must conduct a public
               draw of lots to determine which of those candidates is
               excluded.

Determining the elected candidate if candidates receive the same number of
votes

"6. (1) If:

   (a)  2 unexcluded candidates receive the same number of votes; and

   (b)  there are no other unexcluded candidates; the returning officer must
        conduct an intermediate poll, involving only those candidates, to
        determine which of the candidates is elected.



"(2) An intermediate poll must be conducted in accordance with Divisions 2, 3
and 4 of Part 2 of these Regulations.



"(3) In the intermediate poll, the candidate who receives the greatest number
of votes is elected.



"(4) If, in the intermediate poll, each of the candidates receives the same
number of votes, the returning officer must conduct a public draw of lots to
determine which of the candidates is elected.".