Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 145

145 Restrictions on particular orders

(1) The Court of Disputed Returns must not make an order mentioned in section 144 (2) because of a delay in—

(a) the announcement of nominations under section 32 ; or

(b) complying with the requirements of part 4 , division 5 , 6 or 7 .

(2) Also, the court must not make an order under section 144 (2) (other than an order to dismiss the application)—

(a) because of an absence or error of, or omission by, a member of the electoral commission’s staff that appears unlikely to have had the effect that a candidate elected at an election would not have been elected; or

(b) because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.

(3) In deciding whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at an election by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.

(4) The court must not make an order mentioned in section 144 (2) because—

(a) the names of candidates were not stated on a ballot paper in the order required by section 55 (2) ; or

(b) a name or other word that was required by section 55 (1) (f) to be printed on a ballot paper adjacent to a candidate’s name was not so printed or was misspelt, inaccurate or incorrect; or

(c) a name or other word that was not authorised by section 55 (1) (f) was printed on a ballot paper adjacent to a candidate’s name.