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ELECTORAL ACT 1985 - SECT 57

ELECTORAL ACT 1985 - SECT 57

57—Deposit to be forfeited in certain cases

        (1)         The deposit made by or on behalf of a candidate will be retained pending the election, and after the election must be returned to the candidate, or to some person authorised to receive it, if—

            (a)         the candidate is elected; or

            (b)         the total number of votes polled in the candidate's favour as first preference votes exceeds 4 per cent of the total number of formal votes cast in the election; or

            (c)         where the candidate is a member of a group, the total number of votes polled in favour of members of the group as first preference votes exceeds 2 per cent of the total number of formal votes cast in the election,

but otherwise the deposit will, subject to subsection (2), be forfeited to the Crown.

        (2)         If a candidate dies before polling day, his or her deposit must be returned to the candidate's personal representative.