QLDIn ForceAct
Local Government Electoral Act 2011
sec.130BElectoral commission must give reminder notice about requirement for return
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### sec.130B Electoral commission must give reminder notice about requirement for return
This section applies if—
a person is required to give the electoral commission any of the following returns (each a relevant return )—
an advertising return in relation to an election; or
a periodic return in relation to a reporting period; or
a summary return in relation to an election; and
the person has not given the relevant return to the electoral commission by the reminder day for the return.
As soon as practicable after the reminder day for the relevant return, the electoral commission must give the person a written notice that states—
the person is required to give the return; and
the provision under which the return is required to be given; and
the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return—
the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ;
section 117 ;
section 118 ;
section 118A ;
section 118B ;
section 120 ;
section 125 ;
section 125A ;
section 125C ;
section 125D ;
section 125E ;
section 125G ;
section 195 ;
section 197 .
If the person to whom the notice must be given is the agent of a candidate who is successful in the election, the electoral commission must also give a copy of the notice to the candidate.
Also, if the person to whom the notice must be given is the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election, the electoral commission must also give a copy of the notice to each candidate who is—
a member of the group or endorsed by the party; and
successful in the election.
In this section—
advertising return , in relation to an election, means a return required to be given under the following provisions in relation to the election—
section 125D (2) ;
section 125E (2) .
periodic return , in relation to a reporting period, means a return required to be given under section 125G (2) in relation to the period.
reminder day , for a relevant return, means—
for an advertising return in relation to an election—the day that is 5 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required; or
for a periodic return in relation to a reporting period—the day that is 5 weeks after the end of the reporting period; or
for a summary return in relation to an election—the day that is 10 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required.
summary return , in relation to an election, means a return required to be given under the following provisions in relation to the election—
section 117 (4) ;
section 118 (4) ;
section 118A (4) ;
section 118B (4) ;
section 120 (6) ;
section 125 (2) ;
section 125A (2) ;
section 125C (2) .
s 130B ins 2019 No. 30 s 243
amd 2020 No. 20 s 134
sub 2023 No. 8 s 50
(sec.130B-ssec.1) This section applies if— a person is required to give the electoral commission any of the following returns (each a relevant return )— an advertising return in relation to an election; or a periodic return in relation to a reporting period; or a summary return in relation to an election; and the person has not given the relevant return to the electoral commission by the reminder day for the return.
(sec.130B-ssec.2) As soon as practicable after the reminder day for the relevant return, the electoral commission must give the person a written notice that states— the person is required to give the return; and the provision under which the return is required to be given; and the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return— the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ; section 117 ; section 118 ; section 118A ; section 118B ; section 120 ; section 125 ; section 125A ; section 125C ; section 125D ; section 125E ; section 125G ; section 195 ; section 197 .
(sec.130B-ssec.3) If the person to whom the notice must be given is the agent of a candidate who is successful in the election, the electoral commission must also give a copy of the notice to the candidate.
(sec.130B-ssec.4) Also, if the person to whom the notice must be given is the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election, the electoral commission must also give a copy of the notice to each candidate who is— a member of the group or endorsed by the party; and successful in the election.
(sec.130B-ssec.5) In this section— advertising return , in relation to an election, means a return required to be given under the following provisions in relation to the election— section 125D (2) ; section 125E (2) . periodic return , in relation to a reporting period, means a return required to be given under section 125G (2) in relation to the period. reminder day , for a relevant return, means— for an advertising return in relation to an election—the day that is 5 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required; or for a periodic return in relation to a reporting period—the day that is 5 weeks after the end of the reporting period; or for a summary return in relation to an election—the day that is 10 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required. summary return , in relation to an election, means a return required to be given under the following provisions in relation to the election— section 117 (4) ; section 118 (4) ; section 118A (4) ; section 118B (4) ; section 120 (6) ; section 125 (2) ; section 125A (2) ; section 125C (2) .
- (a) a person is required to give the electoral commission any of the following returns (each a relevant return )— (i) an advertising return in relation to an election; or (ii) a periodic return in relation to a reporting period; or (iii) a summary return in relation to an election; and
- (i) an advertising return in relation to an election; or
- (ii) a periodic return in relation to a reporting period; or
- (iii) a summary return in relation to an election; and
- (b) the person has not given the relevant return to the electoral commission by the reminder day for the return.
- (i) an advertising return in relation to an election; or
- (ii) a periodic return in relation to a reporting period; or
- (iii) a summary return in relation to an election; and
- (a) the person is required to give the return; and
- (b) the provision under which the return is required to be given; and
- (c) the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return— (i) the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ; (ii) section 117 ; (iii) section 118 ; (iv) section 118A ; (v) section 118B ; (vi) section 120 ; (vii) section 125 ; (viii) section 125A ; (ix) section 125C ; (x) section 125D ; (xi) section 125E ; (xii) section 125G ; (xiii) section 195 ; (xiv) section 197 .
- (i) the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ;
- (ii) section 117 ;
- (iii) section 118 ;
- (iv) section 118A ;
- (v) section 118B ;
- (vi) section 120 ;
- (vii) section 125 ;
- (viii) section 125A ;
- (ix) section 125C ;
- (x) section 125D ;
- (xi) section 125E ;
- (xii) section 125G ;
- (xiii) section 195 ;
- (xiv) section 197 .
- (i) the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ;
- (ii) section 117 ;
- (iii) section 118 ;
- (iv) section 118A ;
- (v) section 118B ;
- (vi) section 120 ;
- (vii) section 125 ;
- (viii) section 125A ;
- (ix) section 125C ;
- (x) section 125D ;
- (xi) section 125E ;
- (xii) section 125G ;
- (xiii) section 195 ;
- (xiv) section 197 .
- (a) a member of the group or endorsed by the party; and
- (b) successful in the election.
- (a) section 125D (2) ;
- (b) section 125E (2) .
- (a) for an advertising return in relation to an election—the day that is 5 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required; or
- (b) for a periodic return in relation to a reporting period—the day that is 5 weeks after the end of the reporting period; or
- (c) for a summary return in relation to an election—the day that is 10 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required.
- (a) section 117 (4) ;
- (b) section 118 (4) ;
- (c) section 118A (4) ;
- (d) section 118B (4) ;
- (e) section 120 (6) ;
- (f) section 125 (2) ;
- (g) section 125A (2) ;
- (h) section 125C (2) .