ELECTORAL ACT 1992 - SECT 103 Eligibility—MLAs

ELECTORAL ACT 1992 - SECT 103

    (1)     Subject to this section, a person who is—

        (a)     an Australian citizen; and

        (b)     at least 18 years old; and

        (c)     an elector or entitled to be an elector;

is eligible to be an MLA.

    (2)     A person is not eligible to be an MLA if—

        (a)     the person is a member of—

              (i)     the Parliament of the Commonwealth; or

              (ii)     the legislature of a State; or

        (b)     the person—

              (i)     holds an office or appointment (other than a prescribed office) under a law of the Territory, the Commonwealth or a State; or

              (ii)     is employed by the Territory, the Commonwealth or a State or by a territory authority or a body (whether incorporated or unincorporated) established by a law of the Commonwealth or a State;

and is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in relation to the office, appointment or employment.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (3)     In subsection (2) (b) (i):

"prescribed office" means an office of Speaker, Deputy Speaker, Chief Minister, Deputy Chief Minister, Minister or MLA.

    (4)     A person is not eligible to be an MLA if the person is under a sentence of imprisonment for 1 year or longer for a conviction of an indictable offence.

Note     For the meaning of indictable offence , see the Legislation Act

, s 190 (Indictable and summary offences).

    (5)     A person is not eligible to be an MLA for the disqualification period if—

        (a)     the person is convicted of an offence against—

              (i)     section 285 (Bribery) or section 288 (Violence and intimidation); or

              (ii)     the Criminal Code

(Cwlth), section 83.4 (Interference with political rights and duties); or

              (iii)     the Criminal Code

(Cwlth), part 2.4 relating to an offence mentioned in subparagraph (ii); or

        (b)     the person is found by the Court of Disputed Elections to have contravened (within the meaning of part 16) a section mentioned in paragraph (a) (i).

Note     Contravention is defined for pt 16 (Disputed elections, eligibility and vacancies) in s 250.

    (6)     For subsection (5), the disqualification period is 2 years after the conviction or finding.