How much does it cost to file a petition to challenge an election result?
In Plain English
If you want to challenge the result of an election by filing a petition, you'll need to pay a deposit as security for costs. The amount depends on the type of election:
- For a federal election under the Commonwealth Electoral Act 1918, the deposit is $500.
- For a Torres Strait Regional Authority (TSRA) election under the Aboriginal and Torres Strait Islander Act 2005, the deposit is $100.
Detailed Explanation
The cost of filing an election petition is determined by the relevant legislation governing the election.
- Commonwealth Elections: According to section 356 of the Commonwealth Electoral Act 1918, a petitioner must deposit $500 with the Chief Executive and Principal Registrar, the Senior Registrar, or a Deputy Registrar of the High Court as security for costs when filing the petition.
- TSRA Elections: Clause 4 of Schedule 4 of the Aboriginal and Torres Strait Islander Act 2005 states that the petitioner must deposit $100 with the Chief Executive Officer and Principal Registrar, a Registrar, a District Registrar or a Deputy District Registrar of the Court as security for costs at the time of filing an election petition.
I am unable to provide the cost of filing a petition to challenge a referendum result.