Form and service of election petition
34.92 Form and service of election petition
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 Chief Executive Officer the sum of $100 as security for costs.
Clause 4 of Schedule 4 to the ATSI Act provides for the deposit of $100 as security for costs.
The petition must name the person returned at the election as the respondent.
Clause 5 of Schedule 4 to the ATSI Act permits the Electoral Commission to file a petition.
A Registrar will:
sign and affix the stamp of the Court to the petition; and
fix a return date and place for hearing and endorse those details on the petition; and
give or send a sealed copy to the applicant; and
send a sealed copy to:
the Electoral Commission; and
the Minister.
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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