Queensland Consolidated Acts

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REFERENDUMS ACT 1997 - SECT 49

49 Requirements for an application to be effective

(1) For an application to have effect for this division, the requirements of this section must be complied with.

(2) The application must--

(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
(d) if paragraph (c)(ii) applies--contain the signature, occupation and address of the witness.

(3) The person disputing the referendum result must--

(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.

(4) Subsections (1) and (2) do not, by implication, prevent the amendment of the application.



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