If it provides the Speaker, then it potentially has a 75 to 75 tie on the floor of the House, unless it is supported by independents, meaning that the Speaker would have to give a casting vote. This status means that the opposition parties, with their greater number of seats, can block bills from passing.
The governor-general is not bound by the advice of the outgoing Prime Minister about who should be appointed. There must always be a government in place, even when there is uncertainty about who commands the confidence of the lower house.
First, there will be continued counting to determine the outcome of seats in the lower house and the more complex half-Senate election.
Once it is clear who will command the confidence of the House of Representatives, which is likely to be ascertained by vote counting and perhaps agreements with crossbenchers before the parliament sits, only then is it likely that the prime minister will resign and be reappointed if he is the one who commands that confidence, or replaced by whoever else does.
He cannot fill an office that is not vacant.
But if the party winning the most seats still has fewer than half the total seats, it is likely to form a minority government. The role of the governor-general The governor-general has no role to play until such time as there is a vacancy in the office of prime minister.
This means that parliament will have to sit by the end of July. The caretaker period will not end until it becomes clear who commands the confidence of the lower house and can form a government. A minority party can unite with another party in the House of Commons to obtain an absolute majority.
The Constitution then requires that the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.