Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 49

Investigation of objections

    (1)     The augmented commission shall investigate each objection made in accordance with section 46.

    (2)     For the purpose of investigating an objection, the augmented commission shall hold a public hearing, unless it is of the opinion that—

        (a)     the matters raised in the objection (or substantially the same matters) were raised in suggestions or comments given to the redistribution committee in accordance with the notice under section 41 (1) (Suggestions and comments about redistribution); or

        (b)     the objection is frivolous or vexatious.

    (3)     The augmented commission may hold 1 public hearing in relation to several objections.

    (4)     At a public hearing, submissions to the augmented commission may only be made—

        (a)     by or on behalf of a person who made—

              (i)     an objection in accordance with section 46; or

              (ii)     a suggestion or comment about the proposed redistribution given to the redistribution committee in accordance with the notice under section 41 (1); or

        (b)     by a person making a submission in relation to an objection.

    (5)     The augmented commission shall consider all such submissions.

    (6)     At a public hearing, the augmented commission is not bound by the rules of evidence and, subject to this section, may regulate the conduct of proceedings as it considers appropriate.

    (7)     Without limiting subsection (6), the following matters are within the discretion of the augmented commission:

        (a)     the manner in which, and the time within which, submissions may be made;

        (b)     the extent to which the augmented commission may be addressed, and the persons by whom it may be addressed.



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