QLDIn ForceAct
Referendums Act 1997
sec.49Requirements for an application to be effective
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### sec.49 Requirements for an application to be effective
For an application to have effect for this division, the requirements of this section must be complied with.
The application must—
state the facts relied on to dispute the referendum result; and
state the order sought from the court; and
be signed by—
for an application by the commission—the electoral commissioner; and
for an application by a member or elector—the member or elector, before a witness; and
if paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.
The person disputing the referendum result must—
file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the referendum is returned as mentioned in section 43 (2) (c) ; and
when filing the application, deposit with the court—
$400; or
if a greater amount is prescribed under a regulation—that amount.
Subsections (1) and (2) do not, by implication, prevent the amendment of the application.
s 49 amd 2001 No. 25 s 15 sch 2 ; 2007 No. 37 s 146
(sec.49-ssec.1) For an application to have effect for this division, the requirements of this section must be complied with.
(sec.49-ssec.2) The application must— state the facts relied on to dispute the referendum result; and state the order sought from the court; and be signed by— for an application by the commission—the electoral commissioner; and for an application by a member or elector—the member or elector, before a witness; and if paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.
(sec.49-ssec.3) The person disputing the referendum result must— file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the referendum is returned as mentioned in section 43 (2) (c) ; and when filing the application, deposit with the court— $400; or if a greater amount is prescribed under a regulation—that amount.
(sec.49-ssec.4) Subsections (1) and (2) do not, by implication, prevent the amendment of the application.
- (a) state the facts relied on to dispute the referendum result; and
- (b) state the order sought from the court; and
- (c) be signed by— (i) for an application by the commission—the electoral commissioner; and (ii) for an application by a member or elector—the member or elector, before a witness; and
- (i) for an application by the commission—the electoral commissioner; and
- (ii) for an application by a member or elector—the member or elector, before a witness; and
- (d) if paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.
- (i) for an application by the commission—the electoral commissioner; and
- (ii) for an application by a member or elector—the member or elector, before a witness; and
- (a) file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the referendum is returned as mentioned in section 43 (2) (c) ; and
- (b) when filing the application, deposit with the court— (i) $400; or (ii) if a greater amount is prescribed under a regulation—that amount.
- (i) $400; or
- (ii) if a greater amount is prescribed under a regulation—that amount.
- (i) $400; or
- (ii) if a greater amount is prescribed under a regulation—that amount.