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Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Bill 2010

Schedule 3 Amendments relating to nomination of candidates

Part 1 Amendments

Commonwealth Electoral Act 1918

1  Subsection 166(1)

After “(1A),”, insert “(1AA),”.

2  After subsection 166(1A)

Insert:

       (1AA)  For a House of Representatives election for a particular Division, the registered officer of a particular registered political party must not sign nominations under subparagraph 166(1)(b)(ii) for that election for more than one candidate.

Note:          This does not prevent an amendment of a nomination under section 177 (withdrawal of consent to a nomination) or 180 (death of candidate after nomination).

3  Subsection 172(1)

Omit “subsection (2)”, substitute “subsections (1A) and (2)”.

4  After subsection 172(1)

Insert:

          (1A)  If:

                     (a)  contrary to subsection 166(1AA), the registered officer of a party signs nominations for 2 or more candidates (the same Division candidates ) for a single Division; and

                     (b)  the same Division candidates are nominated by the registered officer under subsection 167(3) together with a number of other candidates for other Divisions;

then:

                     (c)  the nomination of the same Division candidates must be rejected; but

                     (d)  the nomination of the other candidates must not be rejected merely because subsection 166(1AA) was not complied with in relation to the same Division candidates.



 

Part 2 Application of amendments

5  Application of amendments

The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of the amendments.