AN ACT to provide for the holding of elections to elect persons as members of the Tasmanian Parliament, to regulate the conduct of those elections, to provide for the enrolment of electors for the purposes of those elections, to repeal the Electoral Act 1907 and other enactments, and to provide for related matters. 
[Reserved 5 June 1985] 
[Royal Assent 21 August 1985] 
BE it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: - 

PART I 

PRELIMINARY 

1 - This Act may be cited as the Electoral Act 1985. 

2 - (1) This Act shall be reserved for the signification of the Sovereign's pleasure thereon. 

    (2) This section and section 1 shall commence on the day on which a proclamation of the Governor signifying the Sovereign's assenting to this Act is notified in the Gazette. 
(3) Except as provided in subsection (2), this Act shall commence on such day after the day referred to in that subsection as may be fixed by proclamation. 
* * * * * * * 

105 - Whenever a poll is required to take place in accordance with section 94 (3) or 102 (2), the Chief Electoral Officer shall, before and in time for the poll, ensure that the returning officer responsible for the conduct of the poll is provided with sufficient ballot-papers to enable him to carry out that responsibility. 

106 - (l) The Chief Electoral Officer is responsible for ensuring that the ballot-papers for use at an Assembly election - 

    (a) are in accordance with Form 13 in Schedule 1; and 

    (b) are printed and collated as provided by this section and 

      by and under Schedule 2. 
107 - ( 1 ) The Chief Electoral Officer is responsible for ensuring that the ballot-papers for use at a Council election - 
      (a) are in accordance with Form 14 in Schedule 1; and 

      (b) are printed and collated in accordance with this section and by and under Schedule 2. 

    (2) In causing ballot-papers to be printed for a Council election - 

      (a) the Chief Electoral Officer is responsible for ensuring that - 

        (i) the names of the candidates for election are printed in a single vertical column; 

        (ii) the order in which the names of candidates for election are to be printed in each batch of ballot-papers is the order as determined in accordance with Schedule 2; 

        (iii) the surname of each candidate for election is in conspicuous type; 

        (iv) each candidate is identified, as is determined by the Chief Electoral Officer, by his given name or names, by the initial letter or letters of his given name or names, or by a combination of his given name or one or more of his given names and the initial letter or letters of his other given name or names (if any); 

        (v) the given name or names or the initial letter or letters of the given name or names of each candidate are in less conspicuous type than the type in which his surname is printed; and 

        (vi) a square is printed opposite the name of each candidate; 

      (b) a given name, or the initial of a given name, of a candidate may be printed on a line after the line on which his surname is printed; and 

      (c) where a similarity in the names of 2 or more candidates is likely to cause confusion - the Chief Electoral Officer may arrange the names with such description or addition as will enable them to be distinguished from each other. 

* * * * * * * 

128 - (1) Whenever a person, against whose name on the certified copy of the electoral roll in use at a polling-booth a mark has been placed in accordance with section 125, claims to be entitled to vote at that polling-booth, he may, subject to section 28 or 29 of the Constitution Act 1934, whichever is applicable, sections 120 and 121 of this Act, and the regulations in so far as they relate to this section but notwithstanding any other provision of this Act, be permitted to vote if he makes; a declaration in the prescribed form before the officer in charge of that polling-booth. 

(2) The ballot-paper of a person voting at an election pursuant to subsection (1) shall be dealt with as prescribed by the regulations, but no such ballot-paper shall be scrutinized or counted unless the returning officer for the electoral division concerned is satisfied that the person is entitled to vote at the election. 

129 - (l) An elector shall not strike out the name of a candidate from the ballot-paper when or, for the purposes of, recording his vote at an election. 

(2) In the case of an Assembly election, an elector - 

    (a) shall record his vote for at least 7 candidates by placing the numbers "1" , "2" , "3" , "4" , "5" , "6" and "7" in the squares on the ballot-paper opposite the names of 7 candidates in the order of his preference for them; and 

    (b) may, if he wishes, vote for additional candidates by placing consecutive numbers beginning with the number "' 8 in the squares on the ballot-paper opposite the names of those additional candidates in the order of his preference for them. 

(3) In the case of a Council election - 
    (a) where there are only 2 candidates, an elector shall record his vote by placing the number "1" in the square on the ballot-paper opposite the name of the candidate for whom he desires to give his first preference vote and the number "2" in the square on the ballot-paper opposite the name of the candidate for whom he desires to give his second preference vote; or 

    (b) where there are more than 2 candidates for election, an elector - 

      (i) shall record his vote as provided in paragraph (a) and shall also record a contingent vote for at least one of the remaining candidates by placing in the square on the ballot-paper opposite the name of that candidate the number "3" so as to indicate the order of his preference for him; and 

      (ii) may, if he so wishes, vote for additional candidates (if any) by placing consecutive numbers beginning with the number "4" in the squares on the ballot-paper opposite the names of those additional candidates in the order of his preference for them. 

130 - ( l ) If an elector who attends a polling-booth for the purpose of voting at an election satisfies the officer in charge of the polling-booth that - 
      (a) his sight is so impaired; 

      (b) he is so physically incapacitated; or 

      (c) he is so illiterate, that he is unable to vote without assistance, the officer in charge of the polling-booth shall permit a person appointed by the elector to enter an unoccupied compartment of the booth with the elector and mark a vote on the ballot-paper according to the instructions of the elector and then fold the ballot-paper and deposit it in the appropriate ballot-box provided at the booth. 

    (2) If any such elector falls to appoint a person as provided by subsection (1), the officer in charge of the polling-booth concerned - 

      (a) in the presence of such scrutineers as are present; or 

      (b) if there are no scrutineers present, in the presence of another electoral office who is on duty at the booth,mark a vote on the ballot-paper according to the instructions of the elector, and then fold the ballot-paper and deposit it in the appropriate ballot-box provided at the booth. 

    (3) For the purposes of subsection (2), the instructions of an elector may be given by handing to the officer in charge of the polling booth concerned a " how to vote " card, or a printed or written statement indicating the candidates for whom the elector desires to vote and the order of his preferences for them. 
* * * * * * * 

PART IX 

FILLING VACANCIES IN THE ASSEMBLY

231 - ( l ) Wherever a vacancy occurs in the seat of a member of the Assembly otherwise than because of - 

      (a) the resignation of the member; 

      (b) the dissolution of the Assembly or the expiry of the term for which members of the Assembly were elected at an Assembly general election; or 

      (c) the failure or partial failure of an election in respect of an Assembly division, the Speaker of the Assembly shall, by notice signed by him, inform the Governor that the seat has become vacant. 

    (2) Where the Governor receives - 

      (a) a notice under subsection ( 1 ) informing him that a seat in the Assembly has become vacant; or 

      (b) the resignation of a member of the Assembly pursuant to section 15 of the Constitution Act 1934, the Governor shall inform the Chief Electoral Officer who shall, if satisfied that it is practicable to fill the vacancy as provided by this section, publish in at least 2 newspapers circulating generally in the Assembly division concerned a notice in accordance with the prescribed form to the effect that the seat of that member has become vacant. 

    (3) Where a seat representing an Assembly division becomes vacant and the vacancy is notified in accordance with subsection (2), a person who - 
      (a) was a candidate at the election to fill all the seats for that division last held before the vacancy occurred; 

      (b) did not withdraw from, and was not elected at, that election; and 

      (c) is still qualified under the Constitution Act 1934 to be elected as a member of the Assembly, may, subject to this section, nominate himself as a candidate for the vacant seat. 

    (4) For the purposes of subsection (3) (c), a person is qualified under the Constitution Act 1934 to be elected as a member of the Assembly, notwithstanding that - 

      (a) he was not, at the time of the occurrence of the vacancy, living in Tasmania; or 

      (b) he has not, for a period prescribed by section 14 (1) of that Act, been living in Tasmania between the date of the election referred to in subsection (3) and the date of the occurrence of the vacancy. 

    (5) A person may make a nomination under subsection (3) - 
      (a) by delivering or posting his written consent to act, if elected; or 

      (b) by signifying his consent to act in the event of his election by ordinary message sent by telegram, telex, or other electronic means, to the Chief Electoral Officer, but the Chief Electoral Officer shall not receive any such consent after noon on the tenth day after the day on which he published notice of the vacancy in accordance with subsection (2). 

    (6) Where a nomination under subsection (3) is made otherwise than by telegram, telex, or other electronic means, it is not valid unless made in the prescribed form by the nominating candidate and unless his signature is witnessed by an elector. 

    (7) Where such a nomination is made by a message by telegram, telex, or other electronic means, it is not valid unless it is verified in the prescribed manner. 

    (8) Where the Chief Electoral Officer receives a nomination or nominations made under subsection ( 3 ), the vacant seat concerned shall be filled as provided by Schedule 5. 

    (9) A reference in this section to the election last held to fill all the seats for an Assembly division includes a reference to such an election held before the commencement day. 

232 - ( 1 ) Subject to section 231 and Schedule 5, the Chief Electoral Officer shall make such arrangements for the re-counting of votes and the reallocation of preferences under that Schedule as may be prescribed by the regulations. 
    (2) A person who has nominated for a vacant seat as provided in section 231 may appoint one scrutineer to represent him at the re-counting of votes and reallocation of preferences under Schedule 5. 
233 - ( 1 ) Whenever - 
      (a) a vacancy occurs in the seat of a member of the Assembly otherwise than because of - 

        (i) the dissolution of the Assembly or the expiry of the term for which members of the Assembly were elected at an Assembly general election; or 

        (ii) the failure or partial failure of an election in respect of an Assembly division; and 

      (b) it is impracticable to fill the vacancy under the provisions of section 231 and Schedule 5 because there are no available candidates who belong to the same registered party as the vacating member, the Parliamentary Leader of the registered party to which the vacating member belonged may, by notice in writing to the Chief Electoral Officer, request that an election be held to fill the vacancy, and the Chief Electoral Officer shall, as soon as practicable after receiving such a request, report the request to the Governor. 

    (2 ) As soon as practicable after a report under subsection (1) is received by the Governor, there shall be issued by the Governor a writ, directed to the returning officer of the division in respect of which the relevant vacancy has occurred, for the election of a person to fill that vacancy. 
----------------- 

Tasmania 

Electoral Act 1985

SCHEDULE 2

Sections 106 (1) (b) and 107 (1) (b)

PRINTING AND COLLATION OF BALLOT-PAPERS

1. In this Schedule, unless the contrary intention appears - 

"column", in relation to - 

      (a) a ballot-paper for an Assembly election in respect of which there is no group of candidates or a ballot-paper for a Council election, means the single vertical column in which the names of the candidates are to appear on the ballot- paper; 

      (b) a ballot-paper for an Assembly election in respect of which there is one group or more than one group of candidates and candidates whose names are not included in such a group, means - 

        (i) any of the vertical columns in which the names of candidates included in such a group are to appear on the ballot-paper; or 

        (ii) the vertical column in which the names of the candidates whose names are not included in such a group are to appear on the ballot-paper; or 

      (c) a ballot-paper for an Assembly election in respect of which there is one group or more than one group of candidates and no other candidates, means any of the vertical columns in which the names of candidates included in such a group are to appear on the ballot-paper; 
"favoured position", in relation to a column of a ballot-paper, means (reading from the top of the column) - 
        (a) where the names of 2 candidates are to appear in the column - the first position in the column; 

        (b) where the names of 3 candidates are to appear in the column - the first and third positions in the column; 

        (c) where the names of 4 candidates are to appear in the column - the first and fourth positions in the column; 

        (d) where the names of 5 candidates are to appear in the column - the first, third, and fifth positions in the column; 

        (e) where the names of 6 candidates are to appear in the column - the first, second, fifth, and sixth positions in the column; 

        (f) where the names of 7 candidates are to appear in the column - the first, second, sixth, and seventh positions in the column; 

        (g) where the names of 8 candidates are to appear in the column - the first, second, seventh, and eighth positions in the column; 

        (h) where the names of 9 candidates are to appear in the column - the first, second, eighth, and ninth positions in the column; and 

        (i) where the names of 10 or more candidates are to appear in the column - the first, second, third, and last 3 positions in the column. 

2 - In relation to each candidate whose name is required to be included in the column or, as the case may be, one of the columns of a ballot-paper in accordance with section 106 or 107 - 
      (a) there shall be printed, in respect of each of the favoured positions for that column, a batch of ballot-papers on which the name of that candidate appears in such a favoured position; and 

      (b) the number of ballot-papers in each batch on which the name of that candidate appears in that column in a particular favoured position shall, as far as is practicable, be equal to the number of ballot-papers in each of the other batches of ballot-papers on which the name of every other candidate whose name is to be included in that column appears in that favoured position. 

3 - For the printing of the first batch of ballot-papers, the names of the candidates in the column or, as the case may be, in each of the columns shall be listed in the alphabetical sequence of the surnames of those candidates. 

4 - Subject to the provisions of this Schedule, the printing order for subsequent batches shall be as prescribed by the regulations. 

5 - Where 6 or more names are to be included in a column, the name of a candidate shall not appear immediately above the name of a particular other candidate on more than one batch of ballot-papers where the names of both candidates would be in favoured positions in that column. 

6 - Before ballot-papers for an election in respect of an electoral division are distributed to returning officers, the Chief Electoral Officer shall, as far as is practicable, ensure that each issue of ballot-papers is collated in such a way that the ballot-paper immediately following another ballot-paper in the issue is in a form different from that of the other ballot-paper. 

7 - The officer in charge of each polling-booth at which voting for an election is taking place or, as the case may be, the retiring officer or another electoral officer under Division 7, 8, or 9 of Part V, shall issue ballot-papers so that, as nearly as practicable, each elector who enters the polling-booth, or who applies for a ballot-paper after the first elector, is given a ballot-paper, in a form that is different from the form of the ballot-paper that was issued to the elector who immediately preceded him. 

__________________

Tasmania

Electoral Act 1985 

SCHEDULE 3

Section 188 (1) (d)

METHOD OF COUNTING VOTES RECORDED AT AN ASSEMBLY ELECTION

1 - ( 1 ) In this Schedule, unless the contrary intention appears - 

"quota" means the number of votes sufficient to elect a candidate at an election; 

"second preference recorded for a candidate" means the recording on a ballot-paper of the number "2" in the square opposite the name of a person whose name appears on the ballot-paper as a candidate; 

"surplus" means the number of votes which a candidate has obtained at any stage of the counting of votes in excess of the quota; 

"transfer value" means that portion of a vote which is unused by - 

      (a) an elected candidate who has obtained a surplus; or 

      (b) a candidate excluded on account of his being lowest on the poll and which is therefore transferred to the candidate next in the order of the elector's preference.

    (2) For the purposes of the definition of "transfer value" in subclause (1), the transfer value of a vote is either one or a fraction of one. 
2 - The number of first preferences recorded for each candidate shall be counted. 

3 - The aggregate number of first preferences so recorded shall be divided by one more than the number of candidates required to be elected, and the quotient increased by one, disregarding any remainder, shall be the quota, and (except as provided in clause 11), no candidate shall be elected until he obtains a number of votes equal to or greater than the quota. 

4 - A candidate who has, after the first preferences have been counted, a number of such preferences equal to or greater than the quota shall be declared elected. 

5 - Where the number of first preferences obtained by a candidate is equal to the quota, the whole of the ballot-papers on which a first preference is recorded for that candidate shall be set aside as finally dealt with. 

6 - Where the number of first preferences obtained by a candidate is in excess of the quota, the proportion of those preferences in excess of the quota shall be transferred to the other candidates not yet declared elected, next in the order of the electors' respective preferences, in the following manner:- 

      (a) all the ballot-papers on which a first preference is recorded for the elected candidate shall be re-examined, and the number of second preferences, or, in the case provided for in clause 13, third or next consecutive preferences, recorded for each unelected candidate shall be counted; 

      (b) the surplus of the elected candidate shall be divided by the total number of votes obtained by him on the counting of the first preferences, and the resulting fraction shall be the transfer value; 

      (c) the number of second or other preferences, ascertained in paragraph (a) to be recorded for each unelected candidate, shall be multiplied by the transfer value; 

      (d) the resulting number, disregarding any fractional remainder, shall be transferred to each unelected candidate, and added to the number of votes obtained by him on the counting of the first preferences. 

7- (1) Where, on the counting of the first preferences or on a transfer, more than one candidate has a surplus, the largest surplus shall be first dealt with, and if at that stage more than one candidate has a surplus, the then largest surplus shall be dealt with, and so on, but if one candidate has obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former shall be first dealt with. 
    (2) Where 2 or more surpluses are equal, the surplus of the candidate who was the highest on the poll at the count or transfer at which they last had an unequal number of votes shall be first dealt with, and, if they have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which candidate's surplus shall be first dealt with. 
8-(1) Where the number of votes obtained by a candidate is increased to a number which is equal to, or exceeds, the quota by a transfer under this Schedule, the candidate shall thereupon be declared elected. 
    (2) In a case to which subclause (1) applies, notwithstanding the fact that the candidate may have reached the quota, the transfer shall be completed, and all the votes to which he is entitled from the transfer shall be transferred to him, but no votes of any other candidate shall be transferred to him. 

    (3) Where the number of votes obtained by a candidate is increased to a number which is equal to the quota by a transfer under this Schedule, the whole of the ballot-papers on which such votes are recorded shall be set aside as finally dealt with. 

    (4) Where the number of votes obtained by a candidate is increased to a number which exceeds the quota by a transfer under this Schedule, his surplus shall be transferred to the candidates next in the order of the voters' respective preferences, in the following manner:- 

      (a) the ballot-papers on which are recorded the votes obtained by the elected candidate in the last transfer shall be re-examined, and the number of third, or, in the case provided for in clause 13, next consecutive preferences recorded for each unelected candidate counted; 

      (b) the surplus of the elected candidate shall be divided by the total number of ballot-papers mentioned in paragraph (a), and the resulting fraction shall be the transfer value; 

      (c) the number of third or other preferences, ascertained in accordance with paragraph (a) as having been recorded for each unelected candidate, shall be multiplied by the last-mentioned transfer value; 

      (d) the resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes previously obtained by him. 

9 - (l) Where, after the first preferences have been counted and all surpluses, if any, have been transferred as provided by this Schedule, no candidate, or less than the number of candidates required to be elected, has or have obtained the quota, the candidate who, at that time, has the least number of first preference votes transferred to him as provided by this Schedule, shall be excluded, and all the votes obtained by him shall be transferred to the candidates next in the order of the electors' respective preferences, in the same manner as provided by clause 6. 
    (2) The votes obtained by an excluded candidate as first preferences shall first be transferred, and, for the purposes of this Schedule, the transfer value of each of those votes shall be "1". 

    (3) The other votes of an excluded candidate shall then be dealt with in the order of the transfers in which, and at the transfer value at which, he obtained them. 

    (4) Each of the transfers which takes place under subclause (2) or (3) shall be deemed for all purposes to be a separate transfer. 

10 - (1 ) Where the number of votes obtained by a candidate is increased to a number which is equal to, or exceeds, the quota by a transfer under this Schedule, he shall thereupon be declared elected. 
    (2) In a case to which subclause (1) applies, notwithstanding the fact that the candidate may have reached the quota, the transfer shall be completed, and all the votes to which the candidate is entitled from the transfer shall be transferred to him, but no other votes shall be transferred to him. 

    (3) Where the number of votes obtained by a candidate is increased to a number of votes which is equal to, but does not exceed, the quota, by a transfer under this Schedule, the whole of the ballot-papers on which those votes are recorded shall be set aside as finally dealt with. 

    (4) Where the number of votes obtained by a candidate is increased to a number which exceeds the quota by a transfer under this Schedule, his surplus shall be transferred to the candidates next in the order of the electors' respective preferences in the same manner as provided by clause 8 (4) , but that surplus shall not be dealt with until all the votes of the excluded candidate have been transferred. 

    (5) Where a surplus exists, it shall be dealt with before any other candidate is excluded. 

11 - The process of excluding the candidate who has polled the next lowest number of votes at the election and transferring to other candidates his votes shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates who have not already been so declared shall then be declared elected. 

12 - Where at any time it becomes necessary to exclude a candidate, and 2 or more candidates having the same number of votes, have at that time, the least number of first preference votes transferred to them as provided by this Schedule, then whichever of those candidates was recorded as having the lowest number of votes at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if those candidates have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which of those candidates shall be first excluded. 

13 - In determining which candidate is next in the order of an elector's preference, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the elector's preference shall be determined as if the names of those candidates had not been on the ballot-paper. 

14 - Where on a transfer it is found that on a ballot-paper there is no candidate opposite whose name a number is placed, other than a candidate whose name has already been either declared elected or excluded, the ballot-paper shall be set aside as exhausted. 

________________

Tasmania 

Electoral Act 1985

SCHEDULE 4

Section 188 (1) (d)

METHOD OF COUNTING VOTES RECORDED AT A COUNCIL ELECTION

1 - (1) In this Schedule, a reference to an absolute majority of votes, in relation to a candidate at an election, is a reference to a number of votes greater than one-half of the total number of ballot-papers on which electors have recorded their votes for the candidate at the election, other than exhausted and informal ballot-papers. 

    (2) For the purposes of subclause (1), the casting vote of the returning officer shall be taken into account in determining whether or not a candidate has an absolute majority of votes. 
2 - The number of first preferences recorded for each candidate shall be counted, and all informal ballot-papers shall be rejected. 

3 - The candidate obtaining an absolute majority of votes shall be elected. 

4 - If no candidate has an absolute majority of votes, the candidate who has the fewest votes shall be excluded, and each ballot-paper counted to him shall, unless exhausted, be counted to the unexcluded candidate next in the order of the elector's preference. 

5 - If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his ballot-papers, unless exhausted, to the unexcluded candidate next in the order of the elector's preferences, shall be repeated until one candidate has an absolute majority of votes. 

6 - Every ballot-paper, not rejected as informal, shall be counted in every count until it becomes exhausted, when it shall be rejected in all further counts. 

7 - When a candidate is excluded, any ballot-paper counted to him shall be deemed to be exhausted if there is not indicated on it a consecutive preference for one unexcluded candidate. 

8 - If on any count 2 or more candidates have an equal number of votes and one of them has to be excluded, the returning officer shall decide which is to be excluded, and if in the final count 2 candidates have an equal number of votes, the returning officer shall decide by his casting vote which of them shall be elected. 

_____________

Tasmania

Electoral Act 1985

SCHEDULE 5 

Section 231 (8) 

METHOD OF FILLING VACANCY ARISING IN THE HOUSE OF ASSEMBLY 

1 - In this Schedule- 

      (a) a reference to a consenting candidate, in relation to a vacant seat in the Assembly, is a reference to a person who nominates himself for the vacant seat as provided in section 231; 

      (b) a reference to the relevant election, in relation to a vacant seat, is a reference to the election last held to fill all of the seats for the Assembly division which the vacating member formerly represented in the Assembly; 

      (c) a reference to the vacating member is a reference to the member whose seat in the Assembly has become vacant; and 

      (d) a reference to the vacant seat is a reference to the seat of the vacating member. 

2 - If there is only one consenting candidate, the Chief Electoral Officer shall immediately- 
      (a) declare the candidate to be duly elected as a member of the Assembly to fill the vacant seat; and 

      (b) by writing under his hand notify to the Governor the election of the candidate. 

3 - If there are 2 or more consenting candidates, the Chief Electoral Officer shall, within 7 days after the date fixed for the receipt of nominations, proceed to ascertain in the manner provided by clause 4, by an examination of all the completed ballot-papers counted at the relevant election for the member whose seat has become vacant and the ballot-papers directed to be counted for the vacating member as so provided, which of the consenting candidates is to be elected to fill the vacant seat. 

4 - (1) In this clause, a reference to the completed ballot-papers counted for the vacating member is - 

      (a) where, after the first preferences were counted at the relevant election, the number of first preferences recorded for that member was equal to or exceeded the quota required for election to the Assembly - a reference to all the ballot-papers on which those first preferences were recorded; and 

      (b) in any other case - a reference to all the completed ballot-papers counted for that member at the time of his election, including ballot-papers relating to votes that were transferred to him.

    2) Where - 

      (a) the member whose seat has become vacant was, by virtue of clause 11 of Schedule 3, declared elected at the relevant election after the candidate who was lowest on the poll at that election has been excluded from the counting; and 

      (b) the votes obtained by the excluded candidate were not required to be transferred to the candidates next in the order of the electors' preferences, so many of those votes as would have been transferred to that member of the votes of that member, if the votes of the excluded candidate had been transferred to the candidates next in the order of the electors' respective preferences, shall, for the purposes of this clause, be deemed to have been so transferred to, and to be obtained by, that member and the completed ballot-papers representing those votes shall be counted for that member. 

    (3) The ballot-papers counted, or by subclause (2), directed to be counted, for the vacating member shall be examined, and all the votes obtained, or deemed to have been obtained, by him shall be transferred to and counted for the consenting candidates first or next in the order of the electors' respective preferences. 

    (4) The votes obtained as first preferences by the vacating member at the relevant election shall be transferred to the next preferred candidate at that election, with the transfer value of each of those votes being treated as "1", and the other votes (if any) of the vacating member shall then be dealt with in the order of the transfers in which, and at the transfer value at which, he obtained them. 

    (5) Each of the transfers which takes place under subclause (4) shall be deemed for the purposes of this Schedule to be a separate transfer. 

    (6) For the purpose of determining which consenting candidate is first or next in the order of the electors' preferences- 

      (a) the name of, and first choices recorded at the relevant election for, an excluded candidate who is a consenting candidate at the election to fill the vacant seat shall, for the purposes of that last-mentioned election, not be omitted from any completed ballot-papers transferred to the vacating member, but shall be counted for that consenting candidate; and 

      (b) any candidates who were declared elected at the relevant election or who are not consenting candidates shall be disregarded and the order of the electors' preferences shall be determined as if the names of those candidates bad not been included on the ballot-papers.

    (7) Where, in relation to a completed ballot-paper, it is found that there is no candidate opposite whose name a number has been placed other than a candidate - 

      (a) who has already been declared elected; 

      (b) who is not a consenting candidate; or 

      (c) whose name must, by virtue of section 187 (6) (b), be omitted from the ballot-paper when determining the order of the electors' preferences, the ballot-paper shall be set aside as exhausted. 

    (8) After the number of votes in favour of each consenting candidate has been ascertained in accordance with the preceding provisions of this clause, the method of counting votes set out in Schedule 4 where one member only has to be returned for a division shall, with any necessary modifications, be applied and followed, and the Chief Electoral Officer shall declare the consenting candidate who obtains an absolute majority of the votes within the meaning of that Schedule to be duly elected to fill the vacant seat. 

    (9) Where at any time it becomes necessary to excluded a consenting candidate, and 2 or more consenting candidates have the same number of votes and are lowest on the poll, then whichever of those candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if those candidates have had an equal number of votes at all preceding counts or transfers, the returning officer shall decide which consenting candidate shall be first excluded. 

    (10) As soon as practicable after declaring a consenting candidate to be elected as provided in subclause (8), the Chief Electoral Officer shall by writing under his hand notify the election of that candidate to the Governor. 

5 - Where the seat of a member of the Assembly becomes vacant and the vacating member was himself elected under the provisions of this Schedule or of section 132A of the Electoral Act 1907 (as in force immediately before the commencement day) - 
      (a) the Chief Electoral Officer shall, for the purpose of filling the vacancy, examine the ballot-papers that, at the relevant election, were counted for the member in whose place the vacating member was elected (including voting-papers representing votes transferred to the last-mentioned member); and 

      (b) the foregoing provisions of this Schedule shall accordingly be construed subject to paragraph (a). 

6 - A reference in this Schedule to the relevant election includes, where appropriate, a reference to an election held before the commencement day. 

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