Electoral Act 1907

In this section —

A party nomination is to be regarded as having been made in accordance with sections 79 and 81 if —

it contains a declaration by the secretary of the registered political party that the candidate is publicly recognised by the party as being an endorsed candidate of the party; and

it is received by the Electoral Commissioner after the issue of the writ and not later than 24 hours before the close of nominations; and

not later than 24 hours before the close of nominations, the required deposit (or an amount that includes that deposit) for the purposes of section 81(1)(b) is lodged with the Electoral Commissioner on behalf of the candidate in money, by a cheque drawn by a financial institution on itself and payable to the Electoral Commissioner or in such other manner as may be prescribed under that section.

Subsection (2B) applies if —

the Electoral Commissioner receives 2 or more party nominations by the same registered political party for a single member election; and

all but 1 of the party nominations are not withdrawn under section 82.

When this subsection applies, all of the party nominations for the single member election by the registered political party are of no force or effect.

Nothing in this section prevents a party nomination from being made in accordance with sections 79 and 81.

If 2 or more party nominations for a Council election are made in accordance with subsection (2), a claim under section 80(1) may be made to the Electoral Commissioner together with the nominations.

Subsection (4B) applies if —

for a Council election where the relevant number is more than one, the Electoral Commissioner receives more party nominations by the same registered political party than the relevant number for the election; and

all but the relevant number of the party nominations are not withdrawn under section 82.

When this subsection applies, all of the party nominations for the Council election by the registered political party are of no force or effect.

If a party nomination has been made in accordance with subsection (2), the Electoral Commissioner must —

give a registered officer of the registered political party a notice acknowledging receipt by the Electoral Commissioner of the candidate’s nomination and the deposit lodged on behalf of the candidate; and

give the returning officer, as soon as practicable before the close of nominations —

a copy of the nomination paper; and

advice that the required deposit for the purposes of section 81(1)(b) has been lodged with the Electoral Commissioner on behalf of the candidate; and

details of any claim under section 80(1) made under subsection (4).

The reference in subsection (5)(b)(i) to a copy of the nomination paper includes a reference to a copy generated by way of transmission by facsimile or other electronic means under section 210(2).