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COMMONWEALTH ELECTORAL ACT 1918 - SECT 202AJ Review by Electoral Commissioner

COMMONWEALTH ELECTORAL ACT 1918 - SECT 202AJ

Review by Electoral Commissioner

  (1)   An elector may apply to the Electoral Commissioner for review of a decision under subsection   202AH(1) (the original decision ) to declare that the elector is a designated elector.

  (2)   An application under subsection   (1) must:

  (a)   be in writing; and

  (b)   include the elector's name and address and a statement of the elector's reasons for making the application; and

  (c)   be made within 28 days of the day on which the elector is notified under subsection   202AH(2) of the original decision.

  (3)   After receiving an application under subsection   (1), the Electoral Commissioner must:

  (a)   personally review the original decision; or

  (b)   cause the original decision to be reviewed by a person to whom the Commissioner's powers and functions under this section are delegated and who was not involved in making the original decision.

  (4)   The person who reviews the original decision under subsection   (3) (the reviewer ) must make a decision to either:

  (a)   confirm the original decision; or

  (b)   set aside the original decision and substitute a new decision.

  (5)   The reviewer must give the elector written notice of the reviewer's decision under subsection   (4), including the reasons for the decision. The notice must set out the elector's right to have the decision reviewed.

  (6)   This section does not apply if the original decision was made by the Electoral Commissioner personally.

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