ELECTORAL ACT 1992 - SECT 263 Withdrawal and abatement of application

ELECTORAL ACT 1992 - SECT 263

    (1)     In this section:

"election application" means an application disputing the validity of an election made in accordance with section 258.

"leave application" means an application for leave to withdraw an election application.

    (2)     An applicant may withdraw an election application only with the leave of the Supreme Court.

    (3)     An applicant is not entitled to make a leave application unless notice of the applicant's intention to do so has been given—

        (a)     by public notice; and

        (b)     to the commissioner; and

        (c)     to each of the respondents to the relevant election application.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

    (4)     A leave application shall not be made without the consent of all the applicants to the relevant election application.

    (5)     The following persons are entitled to appear as respondents to a leave application:

        (a)     the commissioner;

        (b)     a respondent to the relevant election application;

        (c)     any other person with the leave of the Supreme Court.

    (6)     Unless the Supreme Court orders otherwise, if an election application is withdrawn, the applicant is liable to pay the costs of the respondent in relation to that application and the leave application.

    (7)     In determining a leave application, the Supreme Court shall inquire into the reasons for it and determine whether it was—

        (a)     the result of an agreement, arrangement or understanding; or

        (b)     in consideration of—

              (i)     the seat in the Assembly that is in issue being vacated at any time in the future; or

              (ii)     the withdrawal of any other election application; or

              (iii)     any other matter.

    (8)     The Supreme Court shall publish its reasons for a determination as if it were a judgment and give a copy of them to the commissioner.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (9)     If, before the hearing of an election application, a respondent other than the commissioner—

        (a)     dies or gives the prescribed notice that they do not intend to oppose the application; or

        (b)     resigns from, or otherwise ceases to hold, the seat in the Assembly that is in issue;

then—

        (c)     the person ceases to be a respondent; and

        (d)     the person, or the person's personal representative, must—

              (i)     give public notice that the person ceases to be a respondent; and

              (ii)     give a copy of the public notice to the registrar; and

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

        (e)     if a person who might have been an applicant in relation to the election files a notice of appearance within the prescribed period—that person is entitled to appear as a respondent to the application.

    (10)     A person who has ceased to be a respondent to an election application is not entitled to appear as a party in proceedings in relation to that application.

    (11)     The registrar shall notify the commissioner of the receipt of a notice mentioned in subsection (9) (d) (ii).

    (12)     An election application shall be abated by the death of a sole applicant or the last survivor of several applicants.

    (13)     The abatement of an election application does not affect the liability of the applicant or any other person for costs awarded against the applicant or other person.