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Queensland
ELECTORAL AND OTHER
ACTS AMENDMENT BILL
2000
Queensland
ELECTORAL AND OTHER ACTS
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF ELECTORAL ACT 1992
2 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 82 (Extension of time limits in writ) . . . . . . . . . . . . . . . . . 4
4 Amendment of s 97 (Supply of ballot papers and electoral rolls) . . . . . . . . 5
5 Amendment of s 128 (Election may be disputed under this division) . . . . . 5
6 Amendment of s 134 (How petition is to be dealt with by court) . . . . . . . . 5
7 Amendment of s 141 (Decisions and orders to be final etc.) . . . . . . . . . . . . 6
8 Insertion of new pt 8, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 4--Appeals
148A Appeal to Court of Appeal on question of law . . . . . . . . . . . . . . . . . 6
148B Time for appealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
148C Commission is a party to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
148D How appeal is dealt with by Court of Appeal . . . . . . . . . . . . . . . . . . 7
148E Application for dismissal of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 7
148F Copy of final court orders to be sent to Clerk of Parliament . . . . . . 7
148G Right of commission to have access to documents . . . . . . . . . . . . . 7
9 Amendment of s 161 (Author of election matter must be named) . . . . . . . 8
10 Insertion of new s 161A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
161A Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
11 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Electoral and Other Acts Amendment
12 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 392 (Responsibility for election matter) . . . . . . . . . . . . . . 11
14 Insertion of new s 392A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
392A Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 4--AMENDMENT OF REFERENDUMS ACT 1997
15 Act amended in pt 4 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Insertion of new pt 5 div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Amendment of s 47 (Referendum may be disputed under this division) . . 14
18 Amendment of s 53 (How petition is to be dealt with by court) . . . . . . . . . 14
19 Amendment of s 61 (Decisions and orders to be final etc.) . . . . . . . . . . . . . 15
20 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Appeals
62A Appeal to Court of Appeal on question of law . . . . . . . . . . . . . . . . . 15
62B Time for appealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
62C Commission is a party to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
62D How appeal is dealt with by Court of Appeal . . . . . . . . . . . . . . . . . . 15
62E Application for dismissal of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 16
62F Copy of final court orders to be sent to Clerk of Parliament . . . . . . 16
62G Right of commission to have access to documents . . . . . . . . . . . . . 16
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 17
MINOR AMENDMENTS OF ELECTORAL ACT 1992
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 20
MINOR AMENDMENTS OF REFERENDUMS ACT 1997
2000
A BILL
FOR
An Act to amend the Electoral Act 1992, the Local Government Act
1993 and the Referendums Act 1997
s1 4 s3
Electoral and Other Acts Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Electoral and Other Acts Amendment Act 4
2000. 5
PART 2--AMENDMENT OF ELECTORAL ACT 1992 6
amended in pt 2 and sch 1 7
Act
Clause 2. This part and schedule 1 amend the Electoral Act 1992. 8
of s 82 (Extension of time limits in writ) 9
Amendment
Clause 3.(1) Section 82, heading, `Extension'-- 10
omit, insert-- 11
`Change'. 12
(2) Section 82(1)(b)-- 13
renumber as section 82(1)(c). 14
(3) Section 82(1)(a)-- 15
omit, insert-- 16
`(a) for a day mentioned in section 80(1)(a) to (d)--substitute a later 17
day for the day stated in the writ; or 18
(b) for the day mentioned in section 80(1)(e)--substitute an earlier or 19
later day for the day stated in the writ; or'. 20
(4) Section 82(2) and (3)-- 21
s4 5 s6
Electoral and Other Acts Amendment
renumber as section 82(3) and (4). 1
(5) Section 82-- 2
insert-- 3
`(2) A substitution may be made under this section either generally or for 4
a stated electoral district.'. 5
of s 97 (Supply of ballot papers and electoral rolls) 6
Amendment
Clause 4. Section 97(2)(g)(i) and (ii)-- 7
omit, insert-- 8
`(i) if the register of political parties includes an abbreviation of 9
the party's name--the abbreviation; or 10
(ii) otherwise--the party's full name included in the register of 11
political parties.'. 12
of s 128 (Election may be disputed under this division) 13
Amendment
Clause 5.(1) Section 128, heading, `division'-- 14
omit, insert-- 15
`part'. 16
(2) Section 128(1)-- 17
omit, insert-- 18
`128.(1) The election of a person may be disputed by an application to the 19
Court of Disputed Returns under this division or an appeal under 20
division 4.1'. 21
of s 134 (How petition is to be dealt with by court) 22
Amendment
Clause 6. Section 134(2)-- 23
omit, insert-- 24
1 Division 4 (Appeals)
s7 6 s8
Electoral and Other Acts Amendment
`(2) The court is not bound by technicalities, legal forms or rules of 1
evidence.'. 2
of s 141 (Decisions and orders to be final etc.) 3
Amendment
Clause 7. Section 141, `A decision'-- 4
omit, insert-- 5
`Subject to division 4,2 a decision'. 6
of new pt 8, div 4 7
Insertion
Clause 8. Part 8, after section 148-- 8
insert-- 9
4--Appeals 10
`Division
to Court of Appeal on question of law 11
`Appeal
`148A. An appeal lies to the Court of Appeal from any decision of, or 12
order made by, the Court of Disputed Returns on a question of law. 13
for appealing 14
`Time
`148B. The notice of appeal starting the appeal must-- 15
(a) be filed within 7 days after the date of the decision or order 16
appealed from; and 17
(b) be served as soon as practicable on all other parties to the appeal. 18
is a party to appeal 19
`Commission
`148C. The commission is a party to the appeal, whether or not it is the 20
appellant. 21
2 Division 4 (Appeals)
s8 7 s8
Electoral and Other Acts Amendment
appeal is dealt with by Court of Appeal 1
`How
`148D.(1) In deciding the appeal, the Court of Appeal-- 2
(a) is not bound by technicalities, legal forms or rules of evidence; 3
and 4
(b) may use the procedures, whether usual or otherwise, that it 5
considers necessary to enable the appeal to be decided quickly and 6
properly; and 7
(c) has all the powers given to it by the Uniform Civil Procedure 8
Rules 1999. 9
`(2) The court must use its best efforts to ensure that the appeal is heard, 10
and the court's final decision is made or order is given, as quickly as is 11
reasonable in the circumstances. 12
for dismissal of appeal 13
`Application
`148E.(1) A party, other than the appellant, may apply to the Court of 14
Appeal for an order dismissing the appeal on the ground that there has been 15
excessive delay by the appellant in relation to the appeal. 16
`(2) The court may make an order on the application it considers 17
appropriate. 18
of final court orders to be sent to Clerk of Parliament 19
`Copy
`148F. The Court of Appeal must arrange for a copy of its final orders to 20
be sent to the Clerk of the Parliament as soon as possible after they are 21
made. 22
of commission to have access to documents 23
`Right
`148G. Unless the Court of Appeal otherwise orders, the filing of the 24
notice of appeal does not deprive the commission of any right to have 25
access to a document for the purpose of performing its functions.'. 26
s9 8 s 10
Electoral and Other Acts Amendment
of s 161 (Author of election matter must be named) 1
Amendment
Clause 9.(1) Section 161(1), `Subject to subsection (3), a'-- 2
omit, insert-- 3
`A'. 4
(2) Section 161-- 5
insert-- 6
`(4) Also, subsection (1) does not apply to distributing, or permitting or 7
authorising another person to distribute, a how-to-vote card. 8
`(5) In this section-- 9
"distribute", for subsection (4), see section 161A(6). 10
"how-to-vote card" see section 161A(6).'. 11
of new s 161A 12
Insertion
Clause 10. After section 161-- 13
insert-- 14
of how-to-vote cards 15
`Distribution
`161A.(1) During the election period for an election, a person must not 16
distribute, or permit or authorise another person to distribute, a how-to-vote 17
card that does not comply with subsections (2) to (4). 18
Maximum penalty-- 19
(a) for an individual--20 penalty units; or 20
(b) for a corporation--85 penalty units. 21
`(2) A how-to-vote card must state the following particulars-- 22
(a) the name and address of the person who authorised the card; 23
(b) if the card is authorised-- 24
(i) for a registered political party or a candidate endorsed by a 25
registered political party--the party's name; or 26
(ii) for a candidate who is not endorsed by a registered political 27
party--the candidate's name and the word `candidate'. 28
s 10 9 s 10
Electoral and Other Acts Amendment
1
Example for paragraph (b)(i)--
2
`Authorised P. Smith, 100 Green Street Brisbane for [name of registered political
3
party]'.
4
Example for paragraph (b)(ii)--
5
`Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)'.
`(3) For subsection (2)(a), the address must not be a post office box. 6
`(4) The particulars mentioned in subsection (2) must appear-- 7
(a) at the end of each printed face of the how-to-vote card; and 8
(b) in prominent and legible characters in print no smaller than-- 9
(i) if the card is not larger than A6--10 point; or 10
(ii) if the card is larger than A6 but not larger 11
than A3--14 point; or 12
(iii) if the card is larger than A3--20 point. 13
`(5) During the election period for an election, a person must not 14
distribute, or permit or authorise another person to distribute, a how-to-vote 15
card if the person knows, or ought reasonably to know, that the particulars, 16
or any of the particulars, mentioned in subsection (2) on the card are false. 17
Maximum penalty-- 18
(a) for an individual--20 penalty units; or 19
(b) for a corporation--85 penalty units. 20
`(6) In this section-- 21
"distribute" a how-to-vote card-- 22
(a) includes make the card available to other persons; but 23
(b) does not include merely display the card. 24
25
Examples--
26
1. A person "distributes" how-to-vote cards if the person hands the cards to other
27
persons or leaves them at a place for other persons to take away.
28
2. A person does not "distribute" how-to-vote cards if the person attaches the
29
cards to walls and other structures, merely for display.
"how-to-vote card" means a card, handbill or pamphlet that-- 30
s 11 10 s 12
Electoral and Other Acts Amendment
(a) is or includes-- 1
(i) a representation of a ballot paper or part of a ballot paper; or 2
(ii) something apparently intended to represent a ballot paper or 3
part of a ballot paper; or 4
(b) lists the names of any or all of the candidates for an election with 5
a number indicating an order of voting preference against the 6
names of any or all of the candidates; or 7
(c) otherwise directs or encourages the casting of preference votes, 8
other than first preference votes, in a particular way. 9
"name", of a registered political party, means-- 10
(a) if the register of political parties includes an abbreviation of the 11
party's name--the abbreviation; or 12
(b) otherwise--the party's full name included in the register of 13
political parties.'. 14
ART 3--AMENDMENT OF LOCAL GOVERNMENT 15
P
ACT 1993 16
amended in pt 3 17
Act
Clause 11. This part amends the Local Government Act 1993. 18
of s 3 (Definitions) 19
Amendment
Clause 12. Section 3-- 20
insert-- 21
` "distribute" a how-to-vote card-- 22
(a) includes make the card available to other persons; but 23
(b) does not include merely display the card. 24
s 13 11 s 13
Electoral and Other Acts Amendment
1
Examples--
2
1. A person "distributes" how-to-vote cards if the person hands the cards to other
3
persons or leaves them at a place for other persons to take away.
4
2. A person does not "distribute" how-to-vote cards if the person attaches the
5
cards to walls and other structures, merely for display.
"how-to-vote card" means-- 6
(a) a card, handbill or pamphlet, relating to an election for which 7
optional-preferential voting applies, that-- 8
(i) is or includes-- 9
(A) a representation of a ballot paper or part of a ballot 10
paper; or 11
(B) something apparently intended to represent a ballot 12
paper or part of a ballot paper; or 13
(ii) lists the names of any or all of the candidates for the election 14
with a number indicating an order of voting preference 15
against the names of any or all of the candidates; or 16
(iii) otherwise directs or encourages the casting of preference 17
votes, other than first preference votes, in a particular way; or 18
(b) a card, handbill or pamphlet, relating to an election for which 19
first-past-the-post voting applies, that-- 20
(i) is or includes-- 21
(A) a representation of a ballot paper or part of a ballot 22
paper; or 23
(B) something apparently intended to represent a ballot 24
paper or part of a ballot paper; or 25
(ii) directs or encourages the casting of a vote for a number of 26
particular candidates equal to the number of candidates to be 27
elected.'. 28
of s 392 (Responsibility for election matter) 29
Amendment
Clause 13. Section 392-- 30
insert-- 31
s 14 12 s 14
Electoral and Other Acts Amendment
`(4) Also, subsection (1) does not apply to distributing, or permitting or 1
authorising someone else to distribute, a how-to-vote card.'. 2
of new s 392A 3
Insertion
Clause 14. After section 392-- 4
insert-- 5
of how-to-vote cards 6
`Distribution
`392A.(1) During the election period for an election, a person must not 7
distribute, or permit or authorise someone else to distribute, a how-to-vote 8
card that does not comply with subsections (2) to (5). 9
Maximum penalty-- 10
(a) for an individual--20 penalty units; or 11
(b) for a corporation--85 penalty units. 12
`(2) A how-to-vote card must state the name and address of the person 13
who authorised the card. 14
`(3) For subsection (2)-- 15
(a) the address must not be a post office box; and 16
(b) if the card is authorised for a group of candidates or for a 17
candidate who is a member of a group of candidates, the 18
authorising person must be a member of the group. 19
`(4) A how-to-vote card must also state-- 20
(a) if the card is authorised for a political party or a candidate 21
endorsed by a political party--the party's name; or 22
(b) if paragraph (a) does not apply and the card is authorised for a 23
group of candidates or for a candidate who is a member of a 24
group of candidates--the group's name; or 25
(c) otherwise--the candidate's name and the word `candidate'. 26
27
Example for paragraph (a)--
28
`Authorised P. Smith, 100 Green Street Brisbane for [name of political party]'.
29
Example for paragraph (c)--
30
`Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)'.
s 14 13 s 14
Electoral and Other Acts Amendment
`(5) The particulars mentioned in subsections (2) and (4) must appear-- 1
(a) at the end of each printed face of the how-to-vote card; and 2
(b) in prominent and legible characters in print no smaller than-- 3
(i) if the card is not larger than A6--10 point; or 4
(ii) if the card is larger than A6 but not larger 5
than A3--14 point; or 6
(iii) if the card is larger than A3--20 point. 7
`(6) During the election period for an election, a person must not 8
distribute, or permit or authorise someone else to distribute, a how-to-vote 9
card if the person knows, or ought reasonably to know, that the particulars, 10
or any of the particulars, mentioned in subsections (2) and (4) on the card 11
are false. 12
Maximum penalty-- 13
(a) for an individual--20 penalty units; or 14
(b) for a corporation--85 penalty units. 15
`(7) In this section-- 16
"group of candidates" means a group of candidates, within the meaning 17
given by section 426, that has a name. 18
"name", of a political party, means-- 19
(a) if the register includes an abbreviation of the party's name--the 20
abbreviation; or 21
(b) otherwise--the party's full name included in the register. 22
"register" means the register of political parties kept under the Electoral Act 23
1992.'. 24
s 15 14 s 18
Electoral and Other Acts Amendment
PART 4--AMENDMENT OF REFERENDUMS ACT 1
1997 2
amended in pt 4 and sch 2 3
Act
Clause 15. This part and schedule 2 amend the Referendums Act 1997. 4
of new pt 5 div 1 hdg 5
Insertion
Clause 16. Part 5, before section 47-- 6
insert-- 7
`Division 1--Disputing referendums'. 8
of s 47 (Referendum may be disputed under this 9
Amendment
division) 10
Clause 17.(1) Section 47, heading, `division'-- 11
omit, insert-- 12
`part'. 13
(2) Section 47(1)-- 14
omit, insert-- 15
`47.(1) The result of a referendum may be disputed by an application to 16
the Court of Disputed Returns under this division or an appeal under 17
division 2.3'. 18
of s 53 (How petition is to be dealt with by court) 19
Amendment
Clause 18. Section 53(2)-- 20
omit, insert-- 21
`(2) The court is not bound by technicalities, legal forms or rules of 22
evidence.'. 23
3 Division 2 (Appeals)
s 19 15 s 20
Electoral and Other Acts Amendment
of s 61 (Decisions and orders to be final etc.) 1
Amendment
Clause 19. Section 61, `A decision'-- 2
omit, insert-- 3
`Subject to division 2, a decision'. 4
of new pt 5, div 2 5
Insertion
Clause 20. Part 5, after section 62-- 6
insert-- 7
2--Appeals 8
`Division
to Court of Appeal on question of law 9
`Appeal
`62A. An appeal lies to the Court of Appeal from any decision of, or 10
order made by, the Court of Disputed Returns on a question of law. 11
for appealing 12
`Time
`62B. The notice of appeal starting the appeal must-- 13
(a) be filed within 7 days after the date of the decision or order 14
appealed from; and 15
(b) be served as soon as practicable on all other parties to the appeal. 16
is a party to appeal 17
`Commission
`62C. The commission is a party to the appeal, whether or not it is the 18
appellant. 19
appeal is dealt with by Court of Appeal 20
`How
`62D.(1) In deciding the appeal, the Court of Appeal-- 21
(a) is not bound by technicalities, legal forms or rules of evidence; 22
and 23
(b) may use the procedures, whether usual or otherwise, that it 24
s 20 16 s 20
Electoral and Other Acts Amendment
considers necessary to enable the appeal to be decided quickly and 1
properly; and 2
(c) has all the powers given to it by the Uniform Civil Procedure 3
Rules 1999. 4
`(2) The court must use its best efforts to ensure that the appeal is heard, 5
and the court's final decision is made or order is given, as quickly as is 6
reasonable in the circumstances. 7
for dismissal of appeal 8
`Application
`62E.(1) A party, other than the appellant, may apply to the Court of 9
Appeal for an order dismissing the appeal on the ground that there has been 10
excessive delay by the appellant in relation to the appeal. 11
`(2) The court may make an order on the application it considers 12
appropriate. 13
of final court orders to be sent to Clerk of Parliament 14
`Copy
`62F. The Court of Appeal must arrange for a copy of its final orders to 15
be sent to the Clerk of the Parliament as soon as possible after they are 16
made. 17
of commission to have access to documents 18
`Right
`62G. Unless the Court of Appeal otherwise orders, the filing of the 19
notice of appeal does not deprive the commission of any right to have 20
access to a document for the purpose of performing its functions.'. 21
22
17
Electoral and Other Acts Amendment
SCHEDULE 1 1
¡
MINOR AMENDMENTS OF ELECTORAL ACT 1992 2
section 2 3
1. Section 3, definition "candidate", `88(4)'-- 4
omit, insert-- 5
`88(3)'. 6
2. Section 73(1), `party body name'-- 7
omit, insert-- 8
`public body name'. 9
3. Sections 130 (heading), 130(1), 130(2)(c)(i), 133(1) and 142, `a 10
petition'-- 11
omit, insert-- 12
`an application'. 13
4. Section 130(2), `The petition'-- 14
omit, insert-- 15
`The application'. 16
5. Sections 130(2)(c)(ii) and 132(1) `petitioner'-- 17
omit, insert-- 18
`applicant'. 19
18
Electoral and Other Acts Amendment
SCHEDULE 1 (continued)
6. Sections 130(3), 130(4), 131, 133 (heading), 133(2), 133(3), 134 1
(heading), 134(1), 134(3), 134(4)(a), 136(1), 136(2)(d), 137(1A), 138(1), 2
138(2), 140(1) and 141, `petition'-- 3
omit, insert-- 4
`application'. 5
7. Section 134(7), `petitions'-- 6
omit, insert-- 7
`applications'. 8
8. Section 134(7), `petitioners'-- 9
omit, insert-- 10
`applicants'. 11
9. Section 135-- 12
omit, insert-- 13
`Application for dismissal of application disputing election 14
`135.(1) The commission may apply to the court for an order dismissing 15
the application disputing the election on the ground that there has been 16
excessive delay by the applicant in relation to the application. 17
`(2) The court may make the order on the application under 18
subsection (1) that the court considers appropriate.'. 19
10. Section 140(2)-- 20
omit, insert-- 21
`(2) If costs are awarded against the applicant, the deposit filed with the 22
application must be applied towards payment of the costs.'. 23
19
Electoral and Other Acts Amendment
SCHEDULE 1 (continued)
11. Section 143(1), `Dispute'-- 1
omit, insert-- 2
`Disputed'. 3
12. Section 180(1), item 5, `is a special'-- 4
omit, insert-- 5
`is not a special'. 6
13. After section 182-- 7
insert-- 8
`Transitional provision--petition disputing election 9
`183.(1) If, immediately before the commencement day, there was a 10
petition filed under section 130 that had not been finally dealt with by the 11
Court of Disputed Returns, the petition is taken to be an application under 12
that section. 13
`(2) In this section-- 14
"commencement day" means the day that the amendments of this Act in 15
the Electoral and Other Acts Amendment Act 2000, schedule 1, 16
commenced.'. 17
18
20
Electoral and Other Acts Amendment
SCHEDULE 2 1
¡
MINOR AMENDMENTS OF REFERENDUMS ACT 2
1997 3
section 15 4
1. Sections 49 (heading), 49(1), 49(2)(c), 52(1) and 62, `a petition'-- 5
omit, insert-- 6
`an application'. 7
2. Section 49(2), `The petition'-- 8
omit, insert-- 9
`The application'. 10
3. Section 49(2)(c)(ii), `member'-- 11
omit, insert-- 12
`member or elector'. 13
4. Section 49(3), `commission or member'-- 14
omit, insert-- 15
`person'. 16
5. Sections 49(3), 49(4), 50, 52 (heading), 52(2), 53 (heading), 53(1), 17
53(3), 53(4)(a), 55(1), 55(2)(d), 56(2), 57(1), 57(2), 60(1) and 61, 18
`petition'-- 19
omit, insert-- 20
`application'. 21
21
Electoral and Other Acts Amendment
SCHEDULE 2 (continued)
6. Section 51(1), `petitioner'-- 1
omit, insert-- 2
`applicant'. 3
7. Section 53(6), `court for this part'-- 4
omit, insert-- 5
`Court of Disputed Returns'. 6
8. Section 53(7), `petitions'-- 7
omit, insert-- 8
`applications'. 9
9. Sections 53(7), `petitioners'-- 10
omit, insert-- 11
`applicants'. 12
10. Section 54-- 13
omit, insert-- 14
`Application for dismissal of application disputing referendum 15
`54.(1) The commission may apply to the court for an order dismissing 16
the application disputing the referendum on the ground that there has been 17
excessive delay by the applicant in relation to the application. 18
`(2) The court may make the order on the application under 19
subsection (1) that the court considers appropriate.'. 20
11. Section 60(2)-- 21
omit, insert-- 22
22
Electoral and Other Acts Amendment
SCHEDULE 2 (continued)
`(2) If costs are awarded against the applicant, the deposit filed with the 1
application must be applied towards payment of the costs.'. 2
12. After section 100-- 3
insert-- 4
`Transitional provision--petition disputing referendum 5
`101.(1) If, immediately before the commencement day, there was a 6
petition filed under section 49 that had not been finally dealt with by the 7
Court of Disputed Returns, the petition is taken to be an application under 8
that section. 9
`(2) In this section-- 10
"commencement day" means the day that the amendments of this Act in 11
the Electoral and Other Acts Amendment Act 2000, schedule 2, 12
commenced.'. 13
© State of Queensland 2000
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