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Ch3 Elections and the electoral system / THE ELECTION PROCESS / Return of writs



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House of Representatives                                Ch 3                                                 p 98

 

Elections and the electoral system / THE ELECTION PROCESS

 

Return of writs

A writ is both the authority for an election to be held and the authority by which the successful candidate is declared elected. When all polls in a State or Territory have been declared at a general election or when the poll has been declared for a division subject to a by-election, the Electoral Commissioner certifies the name of the successful candidate for each division, and forwards the writ to the Governor-General or Speaker, as the case may be. 1 Writs are returnable on or before the date fixed for their return. The date on which a writ is returned is the date on which the endorsed writ comes into the actual physical possession of the person authorised to act upon it (i.e. the Governor-General or the Speaker). 2 All writs for a general election are returnable by the same day and all writs are forwarded together by the Governor-General’s Official Secretary to the Clerk of the House. The issuing authority may extend the time for holding an election or for returning the writs. 3 An error in a writ may be remedied by proclamation. 4



Commonwealth Electoral Act 1918 , s. 284.



Letter from Electoral Commissioner to Clerk of House 17.3.94 (citing advice from the Attorney-General’s Department).



Commonwealth Electoral Act 1918 , s. 286. Gazette 26 (30.4.10) 973.



Commonwealth Electoral Act 1918 , s. 285. VP 1998-2001/3 (Governor-General’s proclamation rectifying errors in certificates on writs presented). Other kinds of error in the election process may also be remedied under this provision—in the 2004 general election the times for the return of postal votes in Queensland were extended by proclamation after it had been found that a number of electors had not received postal voting materials.