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REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 109X

Amendment of returns

  (1)   If the Electoral Commissioner is satisfied that a return under section   109E, 109F or 109G contains a formal error or is subject to a formal defect, the Commissioner may amend the return to the extent necessary to correct the error or remove the defect.

  (2)   A person who has given a return under this Part may request the permission of the Electoral Commission to make a specified amendment of the return for the purpose of correcting an error or omission.

  (3)   A request under subsection   (2) must:

  (a)   be by notice in writing signed by the person making the request; and

  (b)   be given to the Electoral Commission.

  (4)   If:

  (a)   a request has been made under subsection   (2); and

  (b)   the Electoral Commission is satisfied that there is an error in, or omission from, the return to which the request relates;

the Commission must permit the person making the request to amend the return in accordance with the request.

  (5)   If the Electoral Commission decides to refuse a request under subsection   (2), the Commission must give to the person making the request written notice of the reasons for the decision.

  (6)   An officer authorised for the purpose by the Electoral Commission may exercise the power of the Commission under subsection   (4).

  (7)   If an officer acting under subsection   (6) decides to refuse a request under subsection   (2):

  (a)   subsection   (5) applies as if the officer were the Electoral Commission; and

  (b)   the person who made the request may, by notice in writing given to the Commission within 28 days after notice of the refusal was given, request the Commission to review the decision.

  (8)   Where a request is made under subsection   (7), the Electoral Commission must review the decision to which the request relates and make a fresh decision.

  (9)   The amendment of a return under this section does not affect whether a civil penalty order may be made against a person because of a contravention of a civil penalty provision in this Part arising out of the giving of the return.


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