Seat Distribution Calculation
(1) To determine the upper level distribution, the number of second votes to be considered in the electoral area is divided by a divisor for the allocation of seats, which is determined as per subsection (2), and the result of the division is rounded as per subsection (3). To determine the lower level distribution, the number of second votes
going to each Land list of a party is divided by a divisor for the allocation of seats to be determined as per subsection (2), and the result of the division is rounded as per subsection (3).
(2) The divisor for the allocation of seats is determined in a way that ensures that all available seats are distributed. To determine the divisor, the total of the votes on which the apportionment is based is divided by the number of available seats. If, using this divisor, more seats are distributed in total than are actually available, the divisor must be increased so that the result of the distribution process, when repeated, matches the number of seats available; if too few seats are allocated to the parties, the divisor must be reduced accordingly.
(3) The division results as calculated pursuant to subsection (1) are rounded, whereby decimal fractions under 0.5 are rounded down to the nearest whole number and decimal fractions above 0.5 are rounded up to the nearest whole number. Decimal fractions equal to 0.5 are rounded up or down to ensure that the number of available seats is maintained; if there are various seat allocation options as a consequence, the Federal Returning Officer decides by drawing lots.