

On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 15/04/2011.

49B.
—(1) Subject to subsections (3) and (4), any candidate at an election in an electoral division or his counting agent may —
(a)
if he is present at the sole counting place specified for the electoral division and the counting of votes at that counting place is completed; or
(b)
if he is present at the principal counting place specified for the electoral division and the votes counted at all counting places for that electoral division have been added at that principal counting place,
apply to the Returning Officer to have the votes given at the election recounted.
[19/2001]
(2) Subject to subsections (3) and (4), the Returning Officer shall allow and conduct a recounting of votes if an application for a recount is made under this section.
[19/2001]
(3) Not more than one application to recount the votes given at any election in an electoral division shall be made or allowed under this section.
[19/2001]
(4) Without prejudice to subsection (3), no application for a recount shall be made and no recount shall be allowed under this section where the difference between the number of votes given to the candidate or (as the case may be) group of candidates with the most votes and the number cast for any other candidate or (as the case may be) group of candidates is more than 2% of the total number of votes cast (excluding rejected votes and tendered votes) at the election.
[19/2001]
(5) No step shall be taken under section 49 to declare any candidate or group of candidates elected until the candidates or counting agents present at the sole counting place for an electoral division or the principal counting place for the electoral division, as the case may be, have been given a reasonable opportunity to exercise the right conferred by this section.
[19/2001]
(6) Where an application for a recounting of votes is allowed by the Returning Officer, the votes at the counting place or, if there are more than one, at every counting place shall be recounted and added following the same procedure set out in sections 49 and 50.
[19/2001]
(7) This section and section 50 shall apply to the recounting of votes cast by overseas electors with such modifications as are necessary.
[19/2001]







