Tasmanian Consolidated Acts

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ELECTORAL ACT 2004 - SECT 214

Withdrawal of application made under section 205
(1)  A person who made an application under section 205 may apply to the Supreme Court for leave to withdraw that application.
(2)  An application under subsection (1) is to be –
(a) given by the Registrar of the Supreme Court to the Commission and to each of the respondents to the relevant application under section 205 ; and
(b) published by the Commission in at least one newspaper approved for the purpose and circulating generally in the division to which the relevant application under section 205 relates.
(3)  If there is more than one applicant in relation to an application under section 205 , all the applicants must consent to the application for the withdrawal of that application.
(4)  A respondent to an application under section 205 may oppose an application for the withdrawal of that application.
(5)  Before the Supreme Court gives leave for the withdrawal of an application made under section 205 , the Court is to inquire into the reasons for the application to withdraw and, in the course of such an inquiry, is to determine whether the application to withdraw –
(a) was the result of an agreement, arrangement or understanding; or
(b) was in consideration of –
(i) the resignation, at any time in the future, of the Member whose election is being disputed; or
(ii) the withdrawal of any other application made under section 205 ; or
(iii) any other matters.
(6)  After making a determination under subsection (5) , the Supreme Court is to publish its reasons for the determination as if it were giving reasons for a judgment and may give leave to withdraw the application or refuse leave to withdraw the application.



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