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ELECTORAL ACT 1985 - SECT 130ZZD

ELECTORAL ACT 1985 - SECT 130ZZD

130ZZD—Amendment of returns

        (1)         If the Electoral Commissioner is satisfied that a return under this Part contains a formal error or is subject to a formal defect, the Electoral Commissioner may amend the return to the extent necessary to correct the error or remove the defect.

        (2)         A person who has furnished a return may request the permission of the Electoral Commissioner to make a specified amendment of the return for the purpose of correcting an error or omission.

        (3)         If the return was furnished by a person as the agent of a registered political party, the request under subsection (2) may be made either by—

            (a)         the person who lodged the claim or return; or

            (b)         the person who is currently registered as the agent of the political party.

        (4)         A request under subsection (2) must—

            (a)         be by notice in writing signed by the person making the request; and

            (b)         be lodged with the Electoral Commissioner.

        (5)         If—

            (a)         a request has been made under subsection (2); and

            (b)         the Electoral Commissioner is satisfied that there is an error in, or omission from, the return to which the request relates,

the Electoral Commissioner must permit the person making the request to amend the return in accordance with the request.

        (6)         If the Electoral Commissioner decides to refuse a request under subsection (2), the Electoral Commissioner must give to the person making the request written notice of the reasons for the decision and the decision is reviewable under Part 12 Division 1.

        (7)         The amendment of a return under this section does not affect the liability of a person to be convicted of an offence against this Part arising out of the furnishing of the return.