AustLII Tasmanian Consolidated Acts

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ELECTORAL ACT 2004 - SECT 85

85. Right of appeal to Supreme Court in relation to invalid name

      (1) In this section –

"business day" has the same meaning as in section 84.

      (2) A person –

(a) whose nomination was received before 5 p.m. on the fourth business day before nomination day; and

(b) who is aggrieved by a determination of the Commission under section 84(2) or (3) that the nomination is invalid may, not later than 5 p.m. on the second business day before nomination day, appeal to the Supreme Court against the determination.

      (3) An appeal is to be heard and determined by a Judge or the Associate Judge of the Supreme Court as soon as practicable.

      (4) On an appeal, an order for costs may not be made against the appellant unless the Judge or Associate Judge of the Supreme Court is satisfied that the appeal is frivolous or vexatious.

      (5) No action or proceeding may be brought in respect of a determination of the Commission under section 84(2) or (3) except as provided by this section.



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