Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.92

Form and service of election petition

         (1)   A person who wants to dispute the validity of any election, or the declaration of any election, under the ATSI Act must file a petition, in accordance with Form 103, and deposit with the Registrar the sum of $100 as security for costs.

Note    Clause 4 of Schedule 4 to the ATSI Act provides for the deposit of $100 as security for costs.

         (2)   The petition must name the person returned at the election as the respondent.

Note 1    Clause 5 of Schedule 4 to the ATSI Act permits the Electoral Commission to file a petition.

Note 2    The Registrar will:

(a)   sign and affix the stamp of the Court to the petition; and

(b)   fix a return date and place for hearing and endorse those details on the petition; and

(c)   give or send a sealed copy to the applicant; and

(d)   send a sealed copy to:

(i)      the Electoral Commission; and

(ii)     the Minister.

         (3)   The applicant must, at least 5 days before the return date fixed for the proceeding, serve a sealed copy of the petition on the respondent.

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