New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 126

126 Declaration of poll

(1) The returning officer shall, as soon as practicable after the close of the poll, in the presence of such scrutineers as choose to be present, and with such assistance as he or she may deem necessary, ascertain the result of the election in accordance with the Seventh Schedule to the Constitution Act 1902 .

(2) If the returning officer is satisfied, after inquiry, that any ballot papers have been lost, destroyed or mislaid and that those ballot papers, if counted, could not alter the result of the poll he or she may complete the count without counting those ballot papers.

(2A) As soon as practicable after the count has been completed, the returning officer must notify the Electoral Commissioner of the result of the election.

(2B) As soon as practicable after being notified of the result of the election, the Electoral Commissioner must announce the result of the election by notice:

(a) published in a newspaper circulating in the State, or

(b) displayed on the Commission’s Internet website.

(3) The name of the person so elected shall be endorsed on the writ by the Electoral Commissioner, and the writ shall be by him or her returned to the Governor, or Speaker, as the case may be, within the time specified therein.

(4) The writ for the electoral district which includes Lord Howe Island may be returned, notwithstanding that the result of the poll has not been received from Lord Howe Island, if the result of the election for the district cannot be affected thereby. It shall be permissible for the returning officer to accept information as to the votes polled at Lord Howe Island which is transmitted to him or her by cable or wireless, and which he or she is satisfied is authentic, in lieu of the list referred to in section 124.

(5) At any time before the declaration that a candidate has been duly elected the returning officer may, if he or she thinks fit, on the request of any candidate setting forth the reasons for the request, or of his or her own motion, and shall, if so directed by the Electoral Commissioner, re-count the ballot papers contained in any parcel.