AustLII Tasmanian Consolidated Acts

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ELECTORAL ACT 2004 - SECT 84

84. Nominations invalid due to name of candidate

      (1) In this section –

"business day" means a day when the place fixed for receiving nominations for the relevant division is open for business.

      (2) The Commission may determine that a nomination in respect of a person as a candidate for an election is invalid on the ground that the person has changed his or her name to a name which –

(a) is a party name; or

(b) so nearly resembles a party name that it is likely to be confused with, or mistaken for, a party name; or

(c) includes the word "independent" or a word of similar import; or

(d) is a public body name; or

(e) so nearly resembles a public body name that it is likely to be confused with, or mistaken for, the public body name; or

(f) is obscene or offensive.

      (3) The Commission may also determine that a nomination in respect of a person as a candidate for an election is invalid if the person has changed his or her name to a name which the Commission considers could cause confusion.

      (4) If the Commission determines that a nomination is invalid on a ground mentioned in subsection (2) or (3), it must –

(a) advise the person nominated in writing of the decision; and

(b) state reasons for the decision; and

(c) inform the person of any right to appeal to the Supreme Court under section 85; and

(d) if the nomination was received before 5 p.m. on the fourth business day before nomination day, make the decision available to the person at the place fixed for receiving nominations for the relevant division before 5 p.m. on the third business day before nomination day.



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