Electoral Amendment Act 2002

71 New section 179 substituted
  • (1) The principal Act is amended by repealing section 179, and substituting the following section:

    179 Declaration of result of poll
    • (1) When the official count under section 178 is completed, the Returning Officer must give the Chief Electoral Officer the following information:

      • (a) the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:

      • (b) the total number of valid votes received by each constituency candidate:

      • (c) the total number of informal party votes:

      • (d) the total number of informal electorate votes.

      (2) As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Chief Electoral Officer must declare the results of the official count for the district concerned by publishing in the Gazette a notice in form 14.

      (3) The Chief Electoral Officer may declare the results for any number of districts on the same day, if the Chief Electoral Officer considers it appropriate to do so.

      (4) The Chief Electoral Officer may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the Chief Electoral Officer considers appropriate.

      (5) If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle 1 of those candidates to be declared elected, the Chief Electoral Officer must, without delay, apply to a District Court Judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary.

      (6) If on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle 1 of those candidates to be declared elected, the Chief Electoral Officer must determine by lot which of those candidates is to be elected.

    (2) Section 57 of the Electoral Amendment Act (No 2) 1995 is consequentially repealed.