Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p102
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 102/154)
Character Range: 460529–463124

for costs.
Note: Clause 4 of Schedule 4 to the ATSI Act provides for the deposit of $100 as security for costs.
 (2) The petition must name the person returned at the election as the respondent.
Note 1: Clause 5 of Schedule 4 to the ATSI Act permits the Electoral Commission to file a petition.
Note 2: A Registrar will:
(a) sign and affix the stamp of the Court to the petition; and
(b) fix a return date and place for hearing and endorse those details on the petition; and
(c) give or send a sealed copy to the applicant; and
(d) send a sealed copy to:
                  (i) the Electoral Commission; and
                  (ii) the Minister.
 (3) The applicant must, at least 5 days before the return date fixed for the proceeding, serve a sealed copy of the petition on the respondent.

34.93  Response to election petition
 (1) If an applicant wants a declaration that a person was duly elected, but not returned, and a respondent wants to contend that the person was not duly elected, the respondent must, within 7 days after filing a notice of address for service, file in the Registry, and serve on the applicant, particulars of the grounds on which the respondent intends to rely.
 (2) A statement of particulars of grounds must set out the facts in the same way in which facts relied on to invalidate an election are to be set out in a petition.

34.94  Reference as to qualifications or vacancy
 (1) If the Minister wants to refer a question under section 17 of Schedule 4 to the ATSI Act to the Court, the Minister must file an originating application, in accordance with Form 104.
Note: A Registrar will:
(a) sign and affix the stamp of the Court to the reference; and
(b) fix a return date and place for hearing and endorse those details on the originating application; and
(c) give or send a sealed copy to the Minister.
 (2) The Minister must send a sealed copy of the reference to the Torres Strait Regional Authority as soon as practicable after filing the originating application.
 (3) The Minister must, at least twice before the return dated fixed for the proceeding, publish a notice of the reference and the date of the hearing in a newspaper circulated in each Torres Strait Regional Authority ward.
Rules 34.95–34.100 left blank

Division 34.7—Native title proceedings

34.101  Interpretation for Division 34.7
 (1) In this Division:
main application means an application made under section 61 of the Native Title Act.
Native Title Act means the Native Title Act 1993.
Old Native Title Act means the Native Title Act 1993 as in force immediately before 30 September 1998.