Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 116

  (1)   The Electoral Commissioner shall give notice of an objection to the challenged elector.

  (2)   A notice under subsection   (1):

  (a)   shall be in the approved form;

  (b)   shall:

  (i)   in the case of a private objection--set out the name and address of the objector;

  (ii)   in the case of an official objection--set out the official title of the objector;

  (iii)   set out the ground or grounds of the objection; and

  (iv)   advise the elector of what he or she must do if he or she wishes to answer the objection; and

  (c)   may be given to the challenged elector by posting it to that elector at:

  (i)   a place notified by that elector to the Electoral Commissioner as the place to which notices under this Act may be sent;

  (ii)   if there is no such place, the place at which the Electoral Commissioner believes the elector to be living; or

  (iii)   if neither of subparagraphs   (i) and (ii) applies, the place shown on the Roll as the elector's place of residence.

  (3)   If the Electoral Commissioner is satisfied that an objection is frivolous or vexatious, the Electoral Commissioner may dismiss the objection without giving notice to the challenged elector.

  (4)   If:

  (a)   an objection is made on the ground specified in paragraph   93(8)(a); and

  (b)   the objection is not supported by a certificate of a medical practitioner;

the Electoral Commissioner shall dismiss the objection without giving notice to the challenged elector.

  (5)   The Electoral Commissioner must dismiss an objection under subsection   114(1) or (1B) without giving notice to the challenged elector, and repay the objector the amount of $2 lodged with the objection, if:

  (a)   the Electoral Commissioner gave the challenged elector a notice under subsection   103A(2) before the objection was made; and

  (b)   the Electoral Commissioner is satisfied that the objection does not provide any information inconsistent with the information the Electoral Commissioner considered in deciding to give the notice.

  (6)   The Electoral Commissioner must dismiss an objection, except one under subsection   114(1A), without giving notice to the challenged elector if the Electoral Commissioner gives the challenged elector a notice under subsection   103A(2) after the objection was made but before giving notice of the objection.