Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ELECTORAL AND OTHER
ACTS AMENDMENT BILL 2001
Queensland
ELECTORAL AND OTHER ACTS
AMENDMENT BILL 2001
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 . . . . . . . . . . . . . . . . . . 6
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) . . . . . . . . 7
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 Bill 2001
12 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 392 (Responsibility for election matter) . . . . . . . . . . . . . . 11
14 Insertion of new s 392A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
392A Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--AMENDMENT OF REFERENDUMS ACT 1997
15 Act amended in pt 4 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Insertion of new pt 5 div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 47 (Referendum may be disputed under this division) . . . 13
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.) . . . . . . . . . . . . . 14
20 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Appeals
62A Appeal to Court of Appeal on question of law . . . . . . . . . . . . . . . . . 14
62B Time for appealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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 . . . . . . . . . . . . . . . . . . . . . . . . . . 15
62F Copy of final court orders to be sent to Clerk of Parliament . . . . . . . 15
62G Right of commission to have access to documents . . . . . . . . . . . . . . 15
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 16
MINOR AMENDMENTS OF ELECTORAL ACT 1992
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 19
MINOR AMENDMENTS OF REFERENDUMS ACT 1997
2001
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 Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Electoral and Other Acts Amendment 4
Act 2001. 5
PART 2--AMENDMENT OF ELECTORAL ACT 1992 6
2 Act amended in pt 2 and sch 1
Clause 7
This part and schedule 1 amend the Electoral Act 1992. 8
3 Amendment of s 82 (Extension of time limits in writ)
Clause 9
(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 19
or later day for the day stated in the writ; or'. 20
(4) Section 82(2) and (3)-- 21
renumber as section 82(3) and (4). 22
s4 5 s6
Electoral and Other Acts Amendment Bill 2001
(5) Section 82-- 1
insert-- 2
`(2) A substitution may be made under this section either generally or for 3
a stated electoral district.'. 4
4 Amendment of s 97 (Supply of ballot papers and electoral rolls)
Clause 5
Section 97(2)(g)(i) and (ii)-- 6
omit, insert-- 7
`(i) if the register of political parties includes an abbreviation of 8
the party's name--the abbreviation; or 9
(ii) otherwise--the party's full name included in the register of 10
political parties.'. 11
5 Amendment of s 128 (Election may be disputed under this
Clause 12
division) 13
(1) Section 128, heading, `division'-- 14
omit, insert-- 15
`part'. 16
(2) Section 128(1)-- 17
omit, insert-- 18
`(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
6 Amendment of s 134 (How petition is to be dealt with by court)
Clause 22
Section 134(2)-- 23
omit, insert-- 24
`(2) The court is not bound by technicalities, legal forms or rules of 25
evidence.'. 26
1 Division 4 (Appeals)
s7 6 s8
Electoral and Other Acts Amendment Bill 2001
7 Amendment of s 141 (Decisions and orders to be final etc.)
Clause 1
Section 141, `A decision'-- 2
omit, insert-- 3
`Subject to division 4,2 a decision'. 4
8 Insertion of new pt 8, div 4
Clause 5
Part 8, after section 148-- 6
insert-- 7
`Division 4--Appeals 8
`148A Appeal to Court of Appeal on question of law 9
`An appeal lies to the Court of Appeal from any decision of, or order 10
made by, the Court of Disputed Returns on a question of law. 11
`148B Time for appealing 12
`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
`148C Commission is a party to appeal 17
`The commission is a party to the appeal, whether or not it is the 18
appellant. 19
`148D How appeal is dealt with by Court of Appeal 20
`(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
2 Division 4 (Appeals)
s9 7 s9
Electoral and Other Acts Amendment Bill 2001
(b) may use the procedures, whether usual or otherwise, that it 1
considers necessary to enable the appeal to be decided quickly 2
and properly; and 3
(c) has all the powers given to it by the Uniform Civil Procedure 4
Rules 1999. 5
`(2) The court must use its best efforts to ensure that the appeal is heard, 6
and the court's final decision is made or order is given, as quickly as is 7
reasonable in the circumstances. 8
`148E Application for dismissal of appeal 9
`(1) A party, other than the appellant, may apply to the Court of Appeal 10
for an order dismissing the appeal on the ground that there has been 11
excessive delay by the appellant in relation to the appeal. 12
`(2) The court may make an order on the application it considers 13
appropriate. 14
`148F Copy of final court orders to be sent to Clerk of Parliament 15
`The Court of Appeal must arrange for a copy of its final orders to be 16
sent to the Clerk of the Parliament as soon as possible after they are made. 17
`148G Right of commission to have access to documents 18
`Unless the Court of Appeal otherwise orders, the filing of the notice of 19
appeal does not deprive the commission of any right to have access to a 20
document for the purpose of performing its functions.'. 21
9 Amendment of s 161 (Author of election matter must be named)
Clause 22
(1) Section 161(1), `Subject to subsection (3), a'-- 23
omit, insert-- 24
`A'. 25
(2) Section 161-- 26
insert-- 27
`(4) Also, subsection (1) does not apply to distributing, or permitting or 28
authorising another person to distribute, a how-to-vote card. 29
s 10 8 s 10
Electoral and Other Acts Amendment Bill 2001
`(5) In this section-- 1
"distribute", for subsection (4), see section 161A(6). 2
"how-to-vote card" see section 161A(6).'. 3
10 Insertion of new s 161A
Clause 4
After section 161-- 5
insert-- 6
`161A Distribution of how-to-vote cards 7
`(1) During the election period for an election, a person must not 8
distribute, or permit or authorise another person to distribute, a how-to-vote 9
card that does not comply with subsections (2) to (4). 10
Maximum penalty-- 11
(a) for an individual--20 penalty units; or 12
(b) for a corporation--85 penalty units. 13
`(2) A how-to-vote card must state the following particulars-- 14
(a) the name and address of the person who authorised the card; 15
(b) if the card is authorised-- 16
(i) for a registered political party or a candidate endorsed by a 17
registered political party--the party's name; or 18
(ii) for a candidate who is not endorsed by a registered political 19
party--the candidate's name and the word `candidate'. 20
21
Example for paragraph (b)(i)--
22
`Authorised P. Smith, 100 Green Street Brisbane for [name of registered
23
political party]'.
24
Example for paragraph (b)(ii)--
25
`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. 26
`(4) The particulars mentioned in subsection (2) must appear-- 27
(a) at the end of each printed face of the how-to-vote card; and 28
(b) in prominent and legible characters in print no smaller than-- 29
(i) if the card is not larger than A6--10 point; or 30
s 10 9 s 10
Electoral and Other Acts Amendment Bill 2001
(ii) if the card is larger than A6 but not larger 1
than A3--14 point; or 2
(iii) if the card is larger than A3--20 point. 3
`(5) During the election period for an election, a person must not 4
distribute, or permit or authorise another person to distribute, a how-to-vote 5
card if the person knows, or ought reasonably to know, that the particulars, 6
or any of the particulars, mentioned in subsection (2) on the card are false. 7
Maximum penalty-- 8
(a) for an individual--20 penalty units; or 9
(b) for a corporation--85 penalty units. 10
`(6) In this section-- 11
"distribute" a how-to-vote card-- 12
(a) includes make the card available to other persons; but 13
(b) does not include merely display the card. 14
15
Examples--
16
1. A person "distributes" how-to-vote cards if the person hands the cards to other
17
persons or leaves them at a place for other persons to take away.
18
2. A person does not "distribute" how-to-vote cards if the person attaches the cards
19
to walls and other structures, merely for display.
"how-to-vote card" means a card, handbill or pamphlet that-- 20
(a) is or includes-- 21
(i) a representation of a ballot paper or part of a ballot paper; or 22
(ii) something apparently intended to represent a ballot paper or 23
part of a ballot paper; or 24
(b) lists the names of any or all of the candidates for an election with 25
a number indicating an order of voting preference against the 26
names of any or all of the candidates; or 27
(c) otherwise directs or encourages the casting of preference votes, 28
other than first preference votes, in a particular way. 29
"name", of a registered political party, means-- 30
(a) if the register of political parties includes an abbreviation of the 31
party's name--the abbreviation; or 32
s 11 10 s 12
Electoral and Other Acts Amendment Bill 2001
(b) otherwise--the party's full name included in the register of 1
political parties.'. 2
PART 3--AMENDMENT OF LOCAL GOVERNMENT 3
ACT 1993 4
11 Act amended in pt 3
Clause 5
This part amends the Local Government Act 1993. 6
12 Amendment of s 3 (Definitions)
Clause 7
Section 3-- 8
insert-- 9
` "distribute" a how-to-vote card-- 10
(a) includes make the card available to other persons; but 11
(b) does not include merely display the card. 12
13
Examples--
14
1. A person "distributes" how-to-vote cards if the person hands the cards to other
15
persons or leaves them at a place for other persons to take away.
16
2. A person does not "distribute" how-to-vote cards if the person attaches the cards
17
to walls and other structures, merely for display.
"how-to-vote card" means-- 18
(a) a card, handbill or pamphlet, relating to an election for which 19
optional-preferential 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) lists the names of any or all of the candidates for the 26
election with a number indicating an order of voting 27
s 13 11 s 14
Electoral and Other Acts Amendment Bill 2001
preference against the names of any or all of the candidates; 1
or 2
(iii) otherwise directs or encourages the casting of preference 3
votes, other than first preference votes, in a particular way; 4
or 5
(b) a card, handbill or pamphlet, relating to an election for which 6
first-past-the-post voting applies, that-- 7
(i) is or includes-- 8
(A) a representation of a ballot paper or part of a ballot 9
paper; or 10
(B) something apparently intended to represent a ballot 11
paper or part of a ballot paper; or 12
(ii) directs or encourages the casting of a vote for a number of 13
particular candidates equal to the number of candidates to 14
be elected.'. 15
13 Amendment of s 392 (Responsibility for election matter)
Clause 16
Section 392-- 17
insert-- 18
`(4) Also, subsection (1) does not apply to distributing, or permitting or 19
authorising someone else to distribute, a how-to-vote card.'. 20
14 Insertion of new s 392A
Clause 21
After section 392-- 22
insert-- 23
`392A Distribution of how-to-vote cards 24
`(1) During the election period for an election, a person must not 25
distribute, or permit or authorise someone else to distribute, a how-to-vote 26
card that does not comply with subsections (2) to (5). 27
Maximum penalty-- 28
(a) for an individual--20 penalty units; or 29
(b) for a corporation--85 penalty units. 30
s 14 12 s 14
Electoral and Other Acts Amendment Bill 2001
`(2) A how-to-vote card must state the name and address of the person 1
who authorised the card. 2
`(3) For subsection (2)-- 3
(a) the address must not be a post office box; and 4
(b) if the card is authorised for a group of candidates or for a 5
candidate who is a member of a group of candidates, the 6
authorising person must be a member of the group. 7
`(4) A how-to-vote card must also state-- 8
(a) if the card is authorised for a political party or a candidate 9
endorsed by a political party--the party's name; or 10
(b) if paragraph (a) does not apply and the card is authorised for a 11
group of candidates or for a candidate who is a member of a 12
group of candidates--the group's name; or 13
(c) otherwise--the candidate's name and the word `candidate'. 14
15
Example for paragraph (a)--
16
`Authorised P. Smith, 100 Green Street Brisbane for [name of political party]'.
17
Example for paragraph (c)--
18
`Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)'.
`(5) The particulars mentioned in subsections (2) and (4) must appear-- 19
(a) at the end of each printed face of the how-to-vote card; and 20
(b) in prominent and legible characters in print no smaller than-- 21
(i) if the card is not larger than A6--10 point; or 22
(ii) if the card is larger than A6 but not larger 23
than A3--14 point; or 24
(iii) if the card is larger than A3--20 point. 25
`(6) During the election period for an election, a person must not 26
distribute, or permit or authorise someone else to distribute, a how-to-vote 27
card if the person knows, or ought reasonably to know, that the particulars, 28
or any of the particulars, mentioned in subsections (2) and (4) on the card 29
are false. 30
Maximum penalty-- 31
(a) for an individual--20 penalty units; or 32
(b) for a corporation--85 penalty units. 33
s 15 13 s 17
Electoral and Other Acts Amendment Bill 2001
`(7) In this section-- 1
"group of candidates" means a group of candidates, within the meaning 2
given by section 426, that has a name. 3
"name", of a political party, means-- 4
(a) if the register includes an abbreviation of the party's name--the 5
abbreviation; or 6
(b) otherwise--the party's full name included in the register. 7
"register" means the register of political parties kept under the Electoral 8
Act 1992.'. 9
PART 4--AMENDMENT OF REFERENDUMS ACT 1997 10
15 Act amended in pt 4 and sch 2
Clause 11
This part and schedule 2 amend the Referendums Act 1997. 12
16 Insertion of new pt 5 div 1 hdg
Clause 13
Part 5, before section 47-- 14
insert-- 15
`Division 1--Disputing referendums'. 16
17 Amendment of s 47 (Referendum may be disputed under this
Clause 17
division) 18
(1) Section 47, heading, `division'-- 19
omit, insert-- 20
`part'. 21
(2) Section 47(1)-- 22
omit, insert-- 23
s 18 14 s 20
Electoral and Other Acts Amendment Bill 2001
`(1) The result of a referendum may be disputed by an application to the 1
Court of Disputed Returns under this division or an appeal under division 2
2.3'. 3
18 Amendment of s 53 (How petition is to be dealt with by court)
Clause 4
Section 53(2)-- 5
omit, insert-- 6
`(2) The court is not bound by technicalities, legal forms or rules of 7
evidence.'. 8
19 Amendment of s 61 (Decisions and orders to be final etc.)
Clause 9
Section 61, `A decision'-- 10
omit, insert-- 11
`Subject to division 2, a decision'. 12
20 Insertion of new pt 5, div 2
Clause 13
Part 5, after section 62-- 14
insert-- 15
`Division 2--Appeals 16
`62A Appeal to Court of Appeal on question of law 17
`An appeal lies to the Court of Appeal from any decision of, or order 18
made by, the Court of Disputed Returns on a question of law. 19
`62B Time for appealing 20
`The notice of appeal starting the appeal must-- 21
(a) be filed within 7 days after the date of the decision or order 22
appealed from; and 23
(b) be served as soon as practicable on all other parties to the appeal. 24
3 Division 2 (Appeals)
s 20 15 s 20
Electoral and Other Acts Amendment Bill 2001
`62C Commission is a party to appeal 1
`The commission is a party to the appeal, whether or not it is the 2
appellant. 3
`62D How appeal is dealt with by Court of Appeal 4
`(1) In deciding the appeal, the Court of Appeal-- 5
(a) is not bound by technicalities, legal forms or rules of evidence; 6
and 7
(b) may use the procedures, whether usual or otherwise, that it 8
considers necessary to enable the appeal to be decided quickly 9
and properly; and 10
(c) has all the powers given to it by the Uniform Civil Procedure 11
Rules 1999. 12
`(2) The court must use its best efforts to ensure that the appeal is heard, 13
and the court's final decision is made or order is given, as quickly as is 14
reasonable in the circumstances. 15
`62E Application for dismissal of appeal 16
`(1) A party, other than the appellant, may apply to the Court of Appeal 17
for an order dismissing the appeal on the ground that there has been 18
excessive delay by the appellant in relation to the appeal. 19
`(2) The court may make an order on the application it considers 20
appropriate. 21
`62F Copy of final court orders to be sent to Clerk of Parliament 22
`The Court of Appeal must arrange for a copy of its final orders to be 23
sent to the Clerk of the Parliament as soon as possible after they are made. 24
`62G Right of commission to have access to documents 25
`Unless the Court of Appeal otherwise orders, the filing of the notice of 26
appeal does not deprive the commission of any right to have access to a 27
document for the purpose of performing its functions.'. 28
16
Electoral and Other Acts Amendment Bill 2001
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
17
Electoral and Other Acts Amendment Bill 2001
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), 2
138(1), 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
`135 Application for dismissal of application disputing election 14
`(1) The commission may apply to the court for an order dismissing the 15
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
18
Electoral and Other Acts Amendment Bill 2001
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
`183 Transitional provision--petition disputing election 9
`(1) If, immediately before the commencement day, there was a petition 10
filed under section 130 that had not been finally dealt with by the Court of 11
Disputed Returns, the petition is taken to be an application under that 12
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 2001, schedule 1, 16
commenced.'. 17
19
Electoral and Other Acts Amendment Bill 2001
SCHEDULE 2 1
MINOR AMENDMENTS OF REFERENDUMS ACT 1997 2
section 15 3
1 Sections 49 (heading), 49(1), 49(2)(c), 52(1) and 62, `a petition'-- 4
omit, insert-- 5
`an application'. 6
2 Section 49(2), `The petition'-- 7
omit, insert-- 8
`The application'. 9
3 Section 49(2)(c)(ii), `member'-- 10
omit, insert-- 11
`member or elector'. 12
4 Section 49(3), `commission or member'-- 13
omit, insert-- 14
`person'. 15
5 Sections 49(3), 49(4), 50, 52 (heading), 52(2), 53 (heading), 53(1), 16
53(3), 53(4)(a), 55(1), 55(2)(d), 56(2), 57(1), 57(2), 60(1) and 61, 17
`petition'-- 18
omit, insert-- 19
`application'. 20
20
Electoral and Other Acts Amendment Bill 2001
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
`54 Application for dismissal of application disputing referendum 15
`(1) The commission may apply to the court for an order dismissing the 16
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
`(2) If costs are awarded against the applicant, the deposit filed with the 23
application must be applied towards payment of the costs.'. 24
21
Electoral and Other Acts Amendment Bill 2001
SCHEDULE 2 (continued)
12 After section 100-- 1
insert-- 2
`101 Transitional provision--petition disputing referendum 3
`(1) If, immediately before the commencement day, there was a petition 4
filed under section 49 that had not been finally dealt with by the Court of 5
Disputed Returns, the petition is taken to be an application under that 6
section. 7
`(2) In this section-- 8
"commencement day" means the day that the amendments of this Act in 9
the Electoral and Other Acts Amendment Act 2001, schedule 2, 10
commenced.'. 11
12
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]