Commonwealth Electoral Act 1918

Strict compliance with the forms in Schedule 1, except the qualification checklist in Form DB in Schedule 1, shall not be required, and substantial compliance therewith shall suffice for the purposes of this Act.

Paragraph 170(1)(d) provides that a nomination is not valid if a mandatory question in the qualification checklist in Form DB of Schedule 1 is not answered.

The regulations may provide:

that a form in Schedule 1 be altered as specified in the regulations; or

that a form be used in place of a form in Schedule 1.

Where regulations have been made in relation to a form in Schedule 1, a provision of this Act that refers to the form shall be taken to refer:

if the regulations provide that the form be altered, to the form so altered; and

if the regulations provide that another form be used in place of the form, to that other form.

The regulations may prescribe combined forms containing the substance of any 2 or more forms to the intent that the combined form may be used in lieu of any of those forms.

The regulations may permit the use of any repealed form for any prescribed period, notwithstanding that a new form has been prescribed in lieu of it, and without any attestation or witnessing further than is provided for in the repealed form.

In subsection (4) repealed form includes:

a form prescribed under any Act repealed by this Act and in force at the commencement of this Act; and

a form prescribed by any regulations made under this Act and subsequently repealed.

To avoid doubt, regulations made for the purposes of this section may alter the qualification checklist in Form DB in Schedule 1.

However, alterations of that Form by the regulations must not be expressed to commence before the first day those regulations are no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003.