Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 140

140 Requirements for an application to be effective

(1) For an application to have effect for the purposes of this division, the requirements of this section must be complied with.

(2) The application must—

(a) set out the facts relied on to dispute the election; and

(b) set out the order sought from the Court of Disputed Returns; and

(c) be signed by—

(i) in the case of an application by the commission—the electoral commissioner; and

(ii) in any other case—the applicant before a witness; and

(d) if paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.

(3) The person disputing the election must—

(a) file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the election is returned as mentioned in section 132 (2) (b) ; and

(b) when filing the application, deposit with the court—

(i) $400; or

(ii) if a greater amount is prescribed—that amount.

(4) Subsections (1) and (2) do not, by implication, prevent the amendment of the application.