QLDIn ForceAct
Local Government Electoral Act 2011
sec.130CElectoral commission must give notice about agent’s failure to give return
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### sec.130C Electoral commission must give notice about agent’s failure to give return
This section applies if—
an agent of a candidate in an election, group of candidates for an election or registered political party that endorsed a candidate in an election—
is required to give the electoral commission a summary return in relation to the election; and
has not given the return to the electoral commission within the required period for the election; and
the candidate, or 1 or more of the candidates in the group or endorsed by the party, is elected as a councillor.
The electoral commission must, as soon as practicable after the end of the required period, give each successful candidate represented by the agent (each the councillor ) a notice stating—
that the agent has failed to give the electoral commission the summary return within the required period; and
that the councillor is required to give the return and the provision of division 3 or 4A 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 City of Brisbane Act 2010 , section 174 (3) and (4) ;
the Local Government Act 2009 , section 172 (3) and (4) .
In this section—
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 120 (6) ;
section 125 (2) .
s 130C ins 2019 No. 30 s 243A
amd 2023 No. 8 s 51
(sec.130C-ssec.1) This section applies if— an agent of a candidate in an election, group of candidates for an election or registered political party that endorsed a candidate in an election— is required to give the electoral commission a summary return in relation to the election; and has not given the return to the electoral commission within the required period for the election; and the candidate, or 1 or more of the candidates in the group or endorsed by the party, is elected as a councillor.
(sec.130C-ssec.2) The electoral commission must, as soon as practicable after the end of the required period, give each successful candidate represented by the agent (each the councillor ) a notice stating— that the agent has failed to give the electoral commission the summary return within the required period; and that the councillor is required to give the return and the provision of division 3 or 4A 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 City of Brisbane Act 2010 , section 174 (3) and (4) ; the Local Government Act 2009 , section 172 (3) and (4) .
(sec.130C-ssec.3) In this section— 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 120 (6) ; section 125 (2) .
- (a) an agent of a candidate in an election, group of candidates for an election or registered political party that endorsed a candidate in an election— (i) is required to give the electoral commission a summary return in relation to the election; and (ii) has not given the return to the electoral commission within the required period for the election; and
- (i) is required to give the electoral commission a summary return in relation to the election; and
- (ii) has not given the return to the electoral commission within the required period for the election; and
- (b) the candidate, or 1 or more of the candidates in the group or endorsed by the party, is elected as a councillor.
- (i) is required to give the electoral commission a summary return in relation to the election; and
- (ii) has not given the return to the electoral commission within the required period for the election; and
- (a) that the agent has failed to give the electoral commission the summary return within the required period; and
- (b) that the councillor is required to give the return and the provision of division 3 or 4A 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 City of Brisbane Act 2010 , section 174 (3) and (4) ; (ii) the Local Government Act 2009 , section 172 (3) and (4) .
- (i) the City of Brisbane Act 2010 , section 174 (3) and (4) ;
- (ii) the Local Government Act 2009 , section 172 (3) and (4) .
- (i) the City of Brisbane Act 2010 , section 174 (3) and (4) ;
- (ii) the Local Government Act 2009 , section 172 (3) and (4) .
- (a) section 117 (4) ;
- (b) section 118 (4) ;
- (c) section 120 (6) ;
- (d) section 125 (2) .