QLDIn ForceAct
Local Government Electoral Act 2011
sec.131Inability to complete returns
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### sec.131 Inability to complete returns
If a person who is required to give a return under this part considers it is impossible to complete the return because the person is unable to obtain particulars required for the preparation of the return, the person may—
prepare the return to the extent it is possible to do so without the particulars; and
give the return to the electoral commission; and
give the electoral commission a written notice—
identifying the return; and
stating that the return is incomplete; and
identifying the particulars; and
stating the reasons the person is unable to obtain the particulars; and
if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
A person who complies with subsection (1) must not, merely because of the omission of the particulars, be taken, for section 195 (1) , to have failed to comply with that section.
The electoral commission may, by written notice, ask a person stated in a notice given under subsection (1) (c) (v) or (5) (e) , to give the particulars mentioned in the notice to the commission, in writing, within a stated period.
The person must comply with the requirement.
If a person required to give particulars under subsection (3) is unable to obtain some or all of the particulars, the person must give the commission a written notice—
stating any particulars the person is able to give; and
stating that the person is unable to obtain some or all of the particulars; and
identifying the particulars the person is unable to obtain; and
stating the reasons the person considers the person is unable to obtain the particulars; and
if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
s 131 sub 2014 No. 44 s 90
(sec.131-ssec.1) If a person who is required to give a return under this part considers it is impossible to complete the return because the person is unable to obtain particulars required for the preparation of the return, the person may— prepare the return to the extent it is possible to do so without the particulars; and give the return to the electoral commission; and give the electoral commission a written notice— identifying the return; and stating that the return is incomplete; and identifying the particulars; and stating the reasons the person is unable to obtain the particulars; and if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
(sec.131-ssec.2) A person who complies with subsection (1) must not, merely because of the omission of the particulars, be taken, for section 195 (1) , to have failed to comply with that section.
(sec.131-ssec.3) The electoral commission may, by written notice, ask a person stated in a notice given under subsection (1) (c) (v) or (5) (e) , to give the particulars mentioned in the notice to the commission, in writing, within a stated period.
(sec.131-ssec.4) The person must comply with the requirement.
(sec.131-ssec.5) If a person required to give particulars under subsection (3) is unable to obtain some or all of the particulars, the person must give the commission a written notice— stating any particulars the person is able to give; and stating that the person is unable to obtain some or all of the particulars; and identifying the particulars the person is unable to obtain; and stating the reasons the person considers the person is unable to obtain the particulars; and if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
- (a) prepare the return to the extent it is possible to do so without the particulars; and
- (b) give the return to the electoral commission; and
- (c) give the electoral commission a written notice— (i) identifying the return; and (ii) stating that the return is incomplete; and (iii) identifying the particulars; and (iv) stating the reasons the person is unable to obtain the particulars; and (v) if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
- (i) identifying the return; and
- (ii) stating that the return is incomplete; and
- (iii) identifying the particulars; and
- (iv) stating the reasons the person is unable to obtain the particulars; and
- (v) if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
- (i) identifying the return; and
- (ii) stating that the return is incomplete; and
- (iii) identifying the particulars; and
- (iv) stating the reasons the person is unable to obtain the particulars; and
- (v) if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.
- (a) stating any particulars the person is able to give; and
- (b) stating that the person is unable to obtain some or all of the particulars; and
- (c) identifying the particulars the person is unable to obtain; and
- (d) stating the reasons the person considers the person is unable to obtain the particulars; and
- (e) if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.