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COMMONWEALTH ELECTORAL ACT 1918 - SECT 170A Objects and effect of qualification checklist

COMMONWEALTH ELECTORAL ACT 1918 - SECT 170A

Objects and effect of qualification checklist

  (1)   The objects of the qualification checklist are:

  (a)   to ensure that electors are informed about the eligibility under the Constitution and this Act of candidates in elections; and

  (b)   to provide a way for candidates to actively consider their circumstances and whether they are eligible to be elected.

  (2)   To avoid doubt, the Electoral Commissioner, or a member of the staff of the Electoral Commission, has no power to make any determination in relation to the qualification checklist in a person's nomination, except whether the person has answered every mandatory question (see paragraph   170(1)(d)).

  (3)   Without limiting subsection   (2), the Electoral Commissioner, or a member of the staff of the Electoral Commission, has no power to determine whether:

  (a)   an answer to a question in a qualification checklist is incorrect, false or inadequate; or

  (b)   a person is satisfied that a document provided under subparagraph   170B(1)(a)(ii) or paragraph   170B(1)(b) supports the contention of the person; or

  (c)   a document so provided by a person supports the person's contention; or

  (d)   a declaration or statement under paragraph   170(1)(b) or (c) in a person's nomination, that is inconsistent with an answer in the qualification checklist in the nomination or a document provided under subsection   170B(1) with the nomination, is true or false; or

  (e)   the person is qualified to be elected as a Senator or member of the House of Representatives under the Constitution or this Act.

Note:   A person's eligibility to be elected under the Constitution or this Act may be determined by the Court of Disputed Returns.

Limit on ability to dispute election as a result of decision relating to qualification checklist

  (4)   If a person's nomination for election is accepted, but paragraph   170(1)(d) or subsection   170(1B) was not in fact complied with in relation to the nomination:

  (a)   the nomination, and the decision to accept the nomination, are taken for all purposes to be valid; and

  (b)   the decision is not a contravention of this Act or an illegal practice (within the meaning of Part   XXII).

This subsection does not affect the nomination, or the decision to accept the nomination, to the extent that the nomination is invalid for other reasons.

  (5)   If a person's nomination for election is rejected on the basis that paragraph   170(1)(d) or subsection   170(1B) was not complied with in relation to the nomination, but that provision was in fact complied with:

  (a)   the decision is an illegal practice (within the meaning of Part   XXII), but a petition disputing the election or the return relating to the election must not be made except if it is signed by the person; and

  (b)   except as provided by paragraph   (a), the decision:

  (i)   is final and conclusive; and

  (ii)   must not on any ground be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal, including in the Court of Disputed Returns under Division   1 of Part   XXII; and

  (iii)   is not subject on any ground to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court, including in the Court of Disputed Returns under that Division.

This subsection does not affect the decision to reject the nomination to the extent that the nomination is rejected for any other reason despite being valid.

  (6)   Subsection   (5) applies despite:

  (a)   section   355 (except as provided by paragraph   (5)(a)); and

  (b)   section   383; and

  (c)   anything in any other law, except the Constitution, and section   39B and Part   VII of the Judiciary Act 1903 .

Note:   For paragraph   (a), a petition disputing an election or return may be made under section   355 because a person whose nomination is accepted is incapable of being chosen or sitting as a Senator or member of the House of Representatives under section   44 of the Constitution.

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