Hayne
J
8.
Section 273B permits a scrutiny of votes for a Senate election to be conducted
partly under s 273 and partly under s 273A.
31
Section 273(2) requires Assistant Returning Officers to conduct an
original scrutiny of votes. Each Assistant Returning Officer, in the presence of a
polling official and of such authorised scrutineers as may attend, must reject 27 all
informal ballot papers "and arrange the unrejected ballot papers under the names
of the respective candidates by placing in a separate parcel all those on which a
first preference is indicated for the same candidate". Each Assistant Returning
Officer must seal up 28 the parcels of ballot papers and transmit 29 the parcels to
the Divisional Returning Officer with the least possible delay.
32
Upon receiving the sealed parcels of ballot papers from Assistant
Returning Officers, the Divisional Returning Officer is required 30 to make a fresh
scrutiny of the ballot papers contained in the parcels, "and for this purpose the
officer shall have the same powers as if the fresh scrutiny were the original
scrutiny, and may reverse any decision given by an Assistant Returning Officer
in relation to the original scrutiny". The procedures which must then be followed
are similar to those for the original scrutiny. The Divisional Returning Officer,
having completed the fresh scrutiny, must place 31 all informal ballot papers in a
separate parcel and bundle 32 the unrejected ballot papers under the names of the
respective candidates. The officer must place in separate parcels all the ballot
papers on which a first preference is indicated above the line for a candidate and
all the ballot papers on which a first preference is marked below the line for that
candidate. The Divisional Returning Officer must count 33 the first preference
votes given for each candidate and transmit information, this time to the
Australian Electoral Officer for the relevant State or Territory, about the number
of first preference votes given for each candidate (distinguishing between those
votes cast above the line and those cast below the line) and the total number of
ballot papers rejected as informal.
27
s 273(2)(b).
28
s 273(2)(g).
29
s 273(2)(h).
30
s 273(5)(a).
31
s 273(5)(b).
32
s 273(5)(c).
33
s 273(5)(d).