Rules about nominating candidates
77 Rules about nominating candidates
A person is not capable of being elected at an election unless —
the person has nominated as a candidate in the election and the nomination is valid and has effect; and
the person is qualified to be elected and is not disqualified from being elected as, or from being, a member of the House for which the election is being held.
Where —
a day is fixed as the polling day for 2 or more elections; and
at the close of nominations there exist nominations of a person for 2 or more of those elections,
each of those nominations is invalid.
For the purposes of subsection (2) where a person has nominated as a candidate in an election and the person withdraws that nomination under section 82 before the close of nominations, the nomination of the person is taken to have ceased to have effect at the time when the person withdraws that nomination.
If a person who is not qualified under section 76A nominates as a candidate in an election, the nomination is invalid.
A person commits an offence if —
the person nominates as a candidate in an election; and
at the close of nominations for the election, the person is disqualified —
from being elected at that election as a member of the House for which the election is held; or
from being a member of the House for which the election is held.
Penalty for this subsection: a fine of $2 500.
If there is a contravention of subsection (4) in relation to a nomination, the nomination is invalid.
[Section 77 inserted: No. 40 of 1987 s. 42; amended: No. 50 of 2003 s. 56(2); No. 64 of 2006 s. 28 and 53; No. 30 of 2023 s. 67.]
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