Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 312

312 Inability to complete returns

(1) If a person who is required to give a return under division 7 , 10 or 11 considers that it is impossible to complete the return because the person is unable to obtain particulars that are required for the preparation of the return, the person may—

(a) prepare the return to the extent that it is possible to do so without the particulars; and

(b) give the return so prepared; and

(c) give to the commission a written notice—

(i) identifying the return; and

(ii) stating that the return is incomplete because the person is unable to obtain certain particulars; and

(iii) identifying the particulars; and

(iv) stating the reasons the person is unable to obtain the particulars; and

(v) if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person;

and a person who complies with this subsection must not, merely because of the omission of the particulars, be taken, for section 307 (2) , to have given a return that is incomplete.

(2) If the commission has been informed under subsection (1) (c) (v) or (3) (e) that a person can supply particulars that have not been included in a return, the commission may, by written notice given to the person, require the person to give to the commission, within the period stated in the notice and in writing, those particulars and, subject to subsection (3) , the person must comply with the requirement.

(3) If a person who is required to give particulars under subsection (2) considers that the person is unable to obtain some or all of the particulars, the person must give to the commission a written notice—

(a) stating the particulars (if any) that the person is able to give; and

(b) stating that the person is unable to obtain some or all of the particulars; and

(c) identifying the particulars the person is unable to obtain; and

(d) stating the reasons the person considers the person is unable to obtain the particulars; and

(e) if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating the name and address of the other person and the reasons the person believes that the other person is able to give the particulars.

(4) A person who complies with subsection (3) must not, because of the omission of particulars required under subsection (2) , be taken, for section 307 (2) , to have given a return that is incomplete.