Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) At any time before the declaration of the result of a Senate election the Australian Electoral Officer may, on the written request of any candidate setting forth the reasons for the request, or of the officer's own motion, direct or conduct a re - count of the ballot papers contained in any parcel or in any other category determined by the Australian Electoral Officer.
(2) If the Australian Electoral Officer refuses a request of a candidate under subsection (1), the candidate may, in writing, appeal to the Electoral Commissioner to direct a re - count of the ballot papers to which the request relates, and the Electoral Commissioner has a discretion either to direct a re - count of the ballot papers or refuse to direct a re - count.