Electoral Act 1907

This section applies if, in the period beginning on commencement day and ending on amount change day —

a person has nominated as an independent candidate in an election (the relevant election); and

the polling day for the relevant election is fixed in the writ as being after the amount change day.

Despite section 175LCA, if the person is elected at the relevant election, a non‑party opt‑in request cannot be lodged under section 175LCA(1) or (3) in relation to the person for the next post‑change election at which the person is an independent candidate.

The person’s agent may, before the hour of nomination for the relevant election, lodge a request in relation to the person in writing to the Electoral Commissioner to receive the higher reimbursement amount under amended Part 6 Division 2A for the next post‑change election at which the person is an independent candidate.

The person’s agent may, in writing, withdraw a request made under subsection (3) in relation to the person before the amount change day.

The request withdrawn under subsection (4) is taken, for the purposes of section 175LCA(3), to be a non‑party opt‑in request withdrawn under section 175LCA(2) for the post‑change election for which it was lodged.

A request lodged under subsection (3) that is not withdrawn under subsection (4) before the amount change day is taken to be, on and from the amount change day, a non‑party opt‑in request lodged under section 175LCA(1) for the post‑change election for which it was lodged.