New South Wales Consolidated Regulations

AGRICULTURAL INDUSTRY SERVICES REGULATION 2015 - REG 64

64 Scrutiny of votes

(1) The scrutiny of votes in an election is to be conducted as follows:

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

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

(c) the returning officer is then to note on the final roll for the election, against the name of the person 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 in accordance with the committee's foundation regulation, the returning officer must reject all the inner envelopes contained in the outer envelope.

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

(a) when the inner envelopes from all the outer envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot-box, remove the inner envelopes and then extract 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 election.

(4) At the scrutiny of votes in an election, 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) A ballot paper is not to be rejected as informal:

(a) merely because of any mark or writing on it that is not authorised or required by this Part (not being a mark or writing referred to in subclause (4) (b)) if, in the opinion of the returning officer, the voter's intention is clearly indicated on the ballot paper, or

(b) if the voter has recorded a vote by placing in one square the number "1":

(i) merely because the same preference (other than a first preference) has been recorded on the ballot paper for more than one candidate, or

(ii) merely because there is a break in the order of preferences recorded on the ballot paper.