Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 355

Requisites of petition

                   Subject to section 357, every petition disputing an election or return in this Part called the petition shall:

                     (a)  set out the facts relied on to invalidate the election or return;

                    (aa)  subject to subsection 358(2), set out those facts with sufficient particularity to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief;

                     (b)  contain a prayer asking for the relief the petitioner claims to be entitled to;

                     (c)  be signed by a candidate at the election in dispute or by a person who was qualified to vote thereat, or, in the case of the choice or the appointment of a person to hold the place of a Senator under section 15 of the Constitution or section 44 of this Act, by a person qualified to vote at Senate elections in the relevant State or Territory at the date of the choice or appointment;

                     (d)  be attested by 2 witnesses whose occupations and addresses are stated;

                     (e)  be filed in the Registry of the High Court within 40 days after:

                              (i)  if the polling day for the election in dispute is not the polling day for any other election--the return of the writ for the election; or

                             (ii)  if the polling day for the election in dispute is also the polling day for another election or other elections--the return of whichever of the writs for the election in dispute and that other election or those other elections is returned last; or

                            (iii)  if the choice or the appointment of a person to hold the place of a Senator under section 15 of the Constitution is in dispute--the notification of that choice or appointment.



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