Electoral Act 1907

The Electoral Commissioner must review each ongoing application to determine whether it must be refused because of the operation of section 62J(6).

If the Electoral Commissioner determines that an ongoing application must be refused because of the operation of section 62J(6) in relation to a word (the relevant word) in the application name or application abbreviation, the Electoral Commissioner must give the applicant a written notice —

setting out the determination and the reasons for the determination; and

explaining the effect of subsections (3) to (6) of this section and section 239.

An applicant given a notice under subsection (2) may, within 10 business days beginning on the day on which the notice is given (the response period), lodge with the Electoral Commissioner —

written consent to the use of the relevant word as required by section 62J(6)(b); or

a written request, in the approved form and signed by the applicant, to vary the ongoing application by doing either or both of the following —

changing the application name to a name set out in the request that does not contain the relevant word;

changing the application abbreviation to an abbreviation or acronym set out in the request that does not contain the relevant word.

If written consent is lodged in accordance with subsection (3)(a) within the response period —

the ongoing application is varied to add the written consent to the documents accompanying the application; and

the Electoral Commissioner must continue dealing with the ongoing application under Part IIIA.

If a request to vary the ongoing application is lodged in accordance with subsection (3)(b) within the response period, the request and ongoing application must be dealt with under the process that applies under section 238.

The Electoral Commissioner is not required to take any action under Part IIIA in relation to the ongoing application during the period that —

begins when a notice is given under subsection (2); and

ends when the earliest of the following occurs —

the applicant lodges a written consent in accordance with subsection (3)(a);

the applicant lodges a request to vary the application under subsection (3)(b);

the response period ends.