Return of writ

185 Endorsement and return of writ

(1)

As soon as practicable after the Electoral Commission has, under section 179(2), declared the result for every district, an Electoral Commissioner must, on behalf of the Electoral Commission,

(a)

endorse on the writ—

(i)

the full name of every constituency candidate declared to be elected; and

(ii)

the date of the endorsement; and

(b)

sign the writ; and

(c)

immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives.

(2)

The date endorsed on the writ under subsection (1) is the day of the return of the writ.

(3)

The writ must be returned within the time specified in the writ for its return.

(4)

If any application for a recount of the votes for any constituency candidates has been made, the Electoral Commission must postpone the return of the writ until the completion of every recount.

(5)

If, at any time before the expiry of the time for an application for a recount of the votes for constituency candidates, it appears to the Electoral Commission that such an application may be made, the Electoral Commission may postpone the return of the writ until that expiry.

(6)

Subsections (4) and (5) prevail over subsections (1) to (3).

Section 185: substituted, on 28 February 2002, by section 73 of the Electoral Amendment Act 2002 (2002 No 1).

Section 185(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 185(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 185(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).