ELECTORAL ACT 1985 - SECT 53
ELECTORAL ACT 1985 - SECT 53
53—Multiple nominations of candidates endorsed by political party
(1) The
registered officer of a registered political party may, after the issue of the
writ for the election—
(a)
nominate on a nomination paper a candidate endorsed by the party for election
as a member of the House of Assembly or the Legislative Council; or
(b)
nominate on the same nomination paper candidates endorsed by the party for
election as members of the House of Assembly or the Legislative Council.
(2) In order to make a
nomination under subsection (1), the registered officer of the party
must, at least 48 hours before the hour of nomination, lodge at the office of
the Electoral Commissioner—
(a) a
duly completed nomination paper; and
(b) a
deposit of the prescribed amount to be paid in the prescribed manner in
respect of each candidate nominated.
(3) A nomination paper
must be in a form approved by the Electoral Commissioner and—
(a) be
signed by the registered officer of the party; and
(b)
contain a declaration, signed by each candidate, that he or she—
(i)
consents to stand as a candidate in the election; and
(ii)
is qualified to stand as a candidate in the election; and
(iii)
authorises the registered officer to make an application
under section 62(1), and (in the case of a candidate for election as a
member of the House of Assembly) to lodge a voting ticket under
section 60A(1), on behalf of the candidate.
(4)
The Electoral Commissioner must, in respect of each district for which a
candidate has been nominated under this section, deliver to the returning
officer a copy or facsimile of the nomination paper as soon as practicable
after the receipt of the nomination paper under this section (and in any event
before the hour of nomination).
(5) If a nominated
candidate, by notice in writing lodged with the appropriate district
returning officer before the hour of nomination, withdraws consent to stand as
a candidate in an election, the nomination of that candidate is revoked.
(6) The
returning officer must immediately inform the registered officer of the party
of the revocation of the nomination.
(7) The registered
officer of the party may, if—
(a) the
nomination of a candidate is revoked; or
(b) a
nominated candidate dies before the hour of nomination,
nominate some other person as the candidate endorsed by the party for the
district by lodging with the appropriate district returning officer before the
hour of nomination a duly completed nomination paper.
(8) If the
registered officer does not nominate another candidate under
subsection (7), the deposit paid in respect of a candidate whose
nomination has been revoked or a candidate who has died must be returned to
the party.
(9) A nomination is
not invalid because of a formal defect or error if the provisions of this Act
have been substantially complied with.
(10) A person who is
endorsed by a registered political party as a candidate for election but is
not nominated under subsection (1) may be nominated as a single candidate
for election under section 53A.
(11) In this
section—
"prescribed amount" means—
(a) in
the case of a candidate nominating for election as a member of the House of
Assembly—$1 000, or such lesser amount as may be prescribed by the
regulations; or
(b) in
the case of a candidate nominated for election as a member of the Legislative
Council—the amount prescribed by the regulations for the purposes of
this paragraph.