Commonwealth Electoral Act 1918

A nomination is not valid (subject to sections 170A and 171) unless, in the nomination, the person nominated:

consents to act if elected; and

declares that:

the person is qualified under the Constitution and the laws of the Commonwealth to be elected as a Senator or a member of the House of Representatives, as the case may be; and

the person is not, and does not intend to be, a candidate in any other election to be held on the same day as the election to which the nomination relates; and

states whether the person is an Australian citizen by reason of birth in Australia or other means and provides:

in the case of citizenship by birth in Australia—the date and place of birth; or

in the case of citizenship by any other means—particulars of those means; and

answers every mandatory question in the qualification checklist set out in Form DB in Schedule 1.

The qualification checklist in Form DB can be altered by regulations made under section 392. If the checklist is altered by the regulations, a valid nomination must include an answer to every mandatory question in the checklist as altered.

In relation to the qualification checklist, see also sections 170A and 170B and sections 181A to 181C.

A person may commit an offence under section 137.1 or 137.2 of the Criminal Code if the person provides information in the nomination that the person knows is false or misleading.

To avoid doubt, the validity of a person’s nomination is not affected if an answer to a question in the qualification checklist in the nomination is incorrect, false or inadequate.

If a person contends that the person has renounced citizenship, or lost the status as a subject or citizen, of another country, a nomination of the person is not valid (subject to subsection 170A(4)) unless the person provides to the Electoral Commissioner, together with the nomination, one or more documents that the person is satisfied supports the person’s contention in accordance with paragraph 170B(1)(b).

See also sections 181A to 181C (publication and delivery to the Parliament, and certain laws do not apply).

A nomination is not valid unless:

the nomination is received by the Electoral Commissioner after the issue of the writ and before the following time:

for a bulk nomination—48 hours before the hour of nomination;

otherwise—the hour of nomination; and

the person nominated (or someone else on that person’s behalf) gives to the Electoral Commissioner a deposit of $2,000 in relation to the person:

before the time mentioned in paragraph (a) (whether or not the deposit is received at the same time as the nomination); and

in the manner approved by the Electoral Commissioner (including by electronic transfer).

The Electoral Commissioner may, in writing, approve a manner of giving a deposit for the purposes of subparagraph (2)(b)(ii).