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Electoral Act 2002
60Review of certain decisions
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60 Review of certain decisions
(1) In this section—
***person*** includes a political party;
S. 60(1) def. of *reviewable decision* amended by No. 38/2005 s. 6.
***reviewable decision*** means a decision of the Commission—
(a) to register a political party under this Part; or
(b) to refuse an application for the registration of a political party under this Part; or
(c) to grant an application under section 51(1); or
(d) to refuse an application under section 51(1); or
(e) to de-register a political party under section 56(7); or
(f) to refuse an application under section 58B.
(2) Any person whose interests are affected by a reviewable decision made by the Commission may apply to the Tribunal for review of the decision.
(3) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Part 5—Election procedures
Division 1—Writs
61 Writs for elections
S. 61(1) substituted by No. 2/2003 s. 26(1).
(1) A writ for a general election must be issued by the Governor—
(a) in the case of the expiration of the Assembly, on the day on which the Assembly expires; or
(b) in the case of the dissolution of the Assembly, within 7 days after the dissolution.
S. 61(2) substituted by No. 2/2003 s. 26(2), amended by No. 30/2018 s. 15(1).
(2) Unless subsection (2A) applies, a writ for a by‑election for the election of a member of the Assembly must be issued by the Speaker within one month after the occurrence of the vacancy.
S. 61(2A) inserted by No. 30/2018 s. 15(2).
(2A) The Speaker may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.
S. 61(3) amended by Nos 2/2003 s. 26(3), 30/2018 s. 15(3).
(3) Unless subsection (3A) applies, if there is no Speaker to issue a writ under subsection (2), the writ must be issued by the Governor within one month after the occurrence of the vacancy.
S. 61(3A) inserted by No. 30/2018 s. 15(4).
(3A) The Governor may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.
(4) A writ issued under this section must be—
(a) in or to the effect of the form in Schedule 1; and
(b) directed to the Commission; and
(c) returnable to the person who issued the writ, on a day within 21 days after the election day appointed and named in the writ.
S. 62 amended by No. 2/2003 s. 26(4).