Australian Capital Territory Numbered Regulations

HEALTH PROFESSIONALS REGULATIONS 2004 (NO 41 OF 2004) - REG 74

    (1)     This regulation applies to a person (other than the electoral commissioner) who is a respondent to a disputed election application if, before the hearing of a disputed election application, the respondent—

        (a)     dies or gives written notice that he or she does not intend to oppose the application; or

        (b)     resigns from, or otherwise ceases to hold, the position on the health profession board that is in issue.

    (2)     If this regulation applies to a person—

        (a)     the person stops being a respondent; and

        (b)     the person, or his or her personal representative, must—

              (i)     give the registrar written notice explaining why the person has stopped being the respondent; and

              (ii)     give each person who might have been an applicant in relation to the election application notice that the person has stopped being the respondent; and

        (c)     if a person who might have been an applicant in relation to the election application files a notice of appearance within 7 days after the day the person receives the notice under subregulation (2) (b) (ii)—that person is entitled to appear as a respondent to the application.

    (3)     A person who has stopped being a respondent to a disputed election application is not entitled to appear as a party in a proceeding in relation to the application.

    (4)     The registrar must tell the electoral commissioner of the receipt of a notice mentioned in subregulation (2) (b).