ELECTORAL ACT 1992 - SECT 105 Candidates to be nominated

ELECTORAL ACT 1992 - SECT 105

    (1)     A person is not eligible for election as an MLA unless the person is nominated in accordance with this section.

    (2)     A person may be nominated to be a candidate for election only by—

        (a)     the registered officer of a registered party that endorses the person as a party candidate in the election for the electorate for which the candidate is being nominated; or

        (b)     20 electors listed on the preliminary certified list of electors for the electorate.

    (3)     A nomination shall be made by giving to the commissioner, during the pre-election period but not later than 24 hours before the hour of nomination—

    (a)     a duly completed nomination form; and

        (b)     a deposit of the prescribed amount in legal tender or a banker's cheque.

    (4)     A nomination form shall—

        (a)     be in the form approved under section 340A (Approved forms); and

        (b)     subject to subsection (7), set out the particulars of the name, address and occupation of the nominee; and

        (c)     contain a statement, signed by the nominee, to the effect that the nominee consents to the nomination, and to be an MLA if elected; and

        (d)     contain a declaration, signed by the nominee, to the effect that the nominee is eligible to be nominated; and

        (e)     specify the form in which the nominee's name is to be printed on the ballot papers for the election; and

        (f)     if the nomination is made by the registered officer of a registered party—state any registered abbreviation of the name of the party that is to be printed on the ballot paper for the election; and

        (g)     if the nomination is made by 20 electors listed on the preliminary certified list of electors for the electorate—specify whether the word ‘Independent' is to be printed on the ballot paper adjacent to the candidate square for the nominee; and

        (h)     be signed by the nominator or each nominator.

    (5)     A nomination form shall name a nominee only by specifying—

        (a)     the surname or family name, and the given name under which the nominee is enrolled; or

        (b)     if the nominee is not an elector—the surname or family name, and the given name under which the nominee is entitled to be enrolled.

    (6)     A given name shall be taken to be specified for subsection (5), if the nomination form specifies—

        (a)     a commonly accepted variation of that name (including an abbreviation or truncation of that name or an alternative form of that name); or

        (b)     an initial standing for that name.

    (7)     If the address of a nominee is a suppressed address, the nomination form need not specify the address but, in that case, the nominee shall notify the commissioner in writing of the nominee's address for correspondence.

    (8)     A nomination is not invalid only because of a formal defect or error if this section has been substantially complied with.

    (9)     If the time by which a nomination under subsection (3) is to be made falls on a public holiday, the nomination must be made no later than that time on the public holiday.

    (10)     Subsection (9) has effect despite the Legislation Act

, section 151A (2) (Periods of time ending on non-working days).

    (11)     In subsection (3) (b):

"prescribed amount" means $250 or any other amount prescribed by the regulations.