Electoral Act 1993

Elections - List seats

193A: Electoral Commission may correct list of members elected

You could also call this:

"The Electoral Commission can fix mistakes in the list of elected members."

Illustration for Electoral Act 1993

The Electoral Commission can correct a list of members elected if they think a name is not recorded correctly. They can send a new list to the Clerk of the House of Representatives with the correct name. This new list is treated as if it was sent on the same day as the original list, and it replaces the original list sent under section 193(5)(b). You need to know that the Electoral Commission must talk to the member concerned before sending a new list. The Electoral Commission can only send a new list if they have already spoken to the member whose name was recorded incorrectly.

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Part 6Elections
List seats

193AElectoral Commission may correct list of members elected

  1. If the Electoral Commission is satisfied that the name of a member declared to be elected is not correctly recorded on a return forwarded to the Clerk of the House of Representatives under section 193(5)(b),—

  2. the Electoral Commission may forward to the Clerk of the House a further return that correctly records the member’s name; and
    1. that further return—
      1. is to be treated for the purposes of section 54(2)(a) as dated the same as the earlier return; and
        1. is to be treated for all purposes as the return forwarded to the Clerk of the House under section 193(5)(b).
        2. The Electoral Commission may not forward a further return to the Clerk of the House under subsection (1)(a) unless the Electoral Commission has first consulted with the member concerned.

        Notes
        • Section 193A: inserted, on , by section 77 of the Electoral Amendment Act 2002 (2002 No 1).
        • Section 193A heading: amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
        • Section 193A(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
        • Section 193A(1)(a): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
        • Section 193A(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).