COMMONWEALTH ELECTORAL ACT 1918 - SECT 284 Declaration of poll and return of writs for House of Representatives

COMMONWEALTH ELECTORAL ACT 1918 - SECT 284

  (1)   As soon as practicable after it has been ascertained that a candidate in a House of Representatives election has been elected, the Divisional Returning Officer shall, at the place of nomination or another place determined by the Australian Electoral Officer for the State or Territory concerned, publicly declare the name of the candidate.

  (2)   Where the Divisional Returning Officer:

  (a)   is satisfied that certain ballot papers, issued at some remote polling place in connexion with the election, cannot reach the Divisional Returning Officer for the purpose of the scrutiny without unduly delaying the declaration of the poll, or

  (b)   cannot complete the inquiries required by section   266 without unduly delaying the declaration of the poll, and

  (c)   in either case, is satisfied that the votes recorded on those ballot papers could not possibly affect the result of the election;

the Divisional Returning Officer may, subject to the concurrence of the Electoral Commissioner, declare the result of the election without awaiting the receipt of the ballot papers or the completion of inquiries, as the case may be.

  (2A)   As soon as practicable after all votes cast in a House of Representatives election have been dealt with, the Divisional Returning Officer shall send to the Electoral Commissioner a written statement setting out the number of votes received by each candidate in the election.

  (3)   If, in the case of a general election, all DROs for a State or Territory have made declarations under subsection   (1) (other than a DRO who has given notice to the Electoral Commissioner under subsection   274(9C)), the Electoral Commissioner must:

  (a)   certify in writing the name of each candidate elected for each Division in the State or Territory (other than a Division for which notice under subsection   274(9C) has been given) and attach the certificate to the writ for the election; and

  (b)   return the writ and the certificate to the Governor - General.

  (4)   If, in the case of a House of Representatives election, the DRO for the Division in which an election was held has made a declaration under subsection   (1), the Electoral Commissioner must:

  (a)   certify in writing the name of the candidate elected for the Division and attach the certificate to the writ for the election; and

  (b)   return the writ and the certificate to the Speaker or Governor - General, as the case requires.