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ELECTORAL ACT 1992 - SECT 187B Review of decision of commissioner to refuse to arrange for

ELECTORAL ACT 1992 - SECT 187B

Review of decision of commissioner to refuse to arrange for recount

    (1)     This section applies if—

        (a)     a candidate for an election applies to the commissioner under section 187A for a recount of some or all of the ballot papers for an election (the requested recount ); and

        (b)     the commissioner refuses to arrange for the requested recount.

    (2)     The candidate may apply to the electoral commission for review of the commissioner's decision.

    (3)     The application to the electoral commission must—

        (a)     be in writing; and

        (b)     set out the applicant's reasons for making the application.

    (4)     On review of the decision, the electoral commission may—

        (a)     confirm the commissioner's decision; or

        (b)     set the decision aside and direct the commissioner to arrange for—

              (i)     the requested recount; or

              (ii)     another recount of some or all of the ballot papers.

    (5)     In considering the application, the electoral commission may have regard to the commissioner's reasons for refusing to arrange for the requested recount.

    (6)     Unless the decision to refuse to arrange for the requested recount was made by a delegate of the commissioner, the commissioner must not—

        (a)     be present during any deliberation of the electoral commission in relation to the application; or

        (b)     take part in any decision of the electoral commission in relation to the application.