ELECTORAL ACT 1992 - SECT 192 Candidates for casual vacancy

ELECTORAL ACT 1992 - SECT 192

    (1)     A person may apply to be a candidate for a seat to which a casual vacancy has occurred if the person—

        (a)     was a candidate at the last election for the electorate in which the vacancy has occurred; and

        (b)     was not elected; and

        (c)     is an eligible person.

    (2)     An application under subsection (1) shall—

        (a)     contain—

              (i)     a statement by the applicant that the applicant consents to be an MLA if elected; and

              (ii)     a declaration by the applicant, made in the presence of an elector, that the applicant is an eligible person; and

              (iii)     the signature of the applicant and of the elector who witnessed the applicant's declaration; and

        (b)     reach the commissioner before noon on the 10th day after the day on which public notice of the vacancy was given under section 191 (2).

Note 1     If a form is approved under s 340A (Approved forms) for an application, the form must be used.

Note 2     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

    (3)     An applicant may withdraw their application by giving the commissioner written notice of withdrawal before applications close.

    (4)     The commissioner shall reject a purported application that is not substantially in accordance with subsection (2) and give the person in relation to whom it was made written notice setting out the reasons for the rejection.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (5)     In this section:

"eligible person" means a person who—

        (a)     is eligible to be an MLA; or

        (b)     would, apart from section 103 (2) (b), be eligible to be an MLA.