(1)  If any ballot papers that should have been counted at the election have been lost or destroyed and the returning officer and the Commissioner are satisfied that the votes contained on those ballot papers could not have affected the result of the election, the returning officer may complete the counting of votes without those ballot papers and declare the result of the election.

(2)  If any ballot papers that should have been counted at the election have been lost or destroyed and the returning officer is satisfied that those ballot papers could have affected the result of the election, the returning officer is not to declare the result of the election and is to report the matter to the Commission.

(3)  If in accordance with subsection (2) a returning officer does not declare the result of an election and reports the matter to the Commission, the Commission is to review the decision of the returning officer and –

(a) instruct the returning officer to declare the result of the election; or

(b) make an application to the Supreme Court under section 205 .