New South Wales Consolidated Regulations

AGRICULTURAL INDUSTRY SERVICES REGULATION 2015 - REG 37

37 Scrutiny of votes

(1) The scrutiny of votes in a poll is to be conducted as follows:

(a) the returning officer is to produce, unopened, the outer envelopes containing the ballot papers accepted for scrutiny,

(b) the returning officer is then to open each such outer envelope and extract any inner envelopes contained in it,

(c) the returning officer is then to note on the final roll for the poll, against the name appearing on the back of the outer envelope, the number of inner envelopes contained in the outer envelope,

(d) the returning officer is then to place each such inner envelope in a locked ballot-box.

(2) However, if there are more inner envelopes in the outer envelope than the number of votes to which the person is entitled, the returning officer must reject all the inner envelopes contained in the outer envelope.

(3) The scrutiny of votes in the poll is then to continue as follows:

(a) the returning officer is to unlock the ballot-box, remove the inner envelopes and then remove the ballot papers from the inner envelopes,

(b) the returning officer is then to reject all ballot papers in an inner envelope if the inner envelope contains more than one ballot paper,

(c) the returning officer is then to examine each remaining ballot paper and reject those that are informal,

(d) the returning officer is then to proceed to count the votes and ascertain the result of the poll.

(4) At the scrutiny of votes in a poll, a ballot paper must be rejected as informal if:

(a) it is neither initialled by the returning officer (or by a person authorised by the returning officer to do so) nor bears an official mark, or

(b) it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it, or

(c) it has not been completed in accordance with the directions shown on it.

(5) However, a ballot paper is not to be rejected as informal merely because of any mark or writing on it that is not authorised or required by this Part (unless it is a mark or writing referred to in subclause (4) (b)) if the returning officer considers that the voter's intention is clearly indicated on the ballot paper.

(6) The result of the poll is to be ascertained by determining the following:

(a) the number of votes accepted in the poll,

(b) the number of votes in favour of the question on which the poll is being taken,

(c) the number of votes against that question,

(d) the number of votes rejected as informal.