Electoral Amendment Act 2002

73 New sections 185 and 186 substituted
  • The principal Act is amended by repealing sections 185 and 186, and substituting the following sections:

    185 Endorsement and return of writ
    • (1) As soon as practicable after the Chief Electoral Officer has, under section 179(2), declared the result for every district, the Chief Electoral Officer must—

      • (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 Chief Electoral Officer 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 Chief Electoral Officer that such an application may be made, the Chief Electoral Officer may postpone the return of the writ until that expiry.

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

    186 Chief Electoral Officer may correct writ
    • (1) If the Chief Electoral Officer is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, the Chief Electoral Officer, before or after complying with the requirements of section 185(1), may make any alterations to the writ necessary to ensure that the member's name is correctly recorded.

      (2) The Chief Electoral Officer may not make a correction under subsection (1) unless he or she has first consulted with the member concerned and the Returning Officer.

      (3) If the Chief Electoral Officer makes a correction under subsection (1) after complying with the requirements of section 185(1),—

      • (a) the Chief Electoral Officer must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and

      • (b) that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1).