• Specific Year
    Any

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 77 How and when nomination takes place

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 77

How and when nomination takes place

(1)  A nomination of a person as a candidate for election is invalid unless it complies with the requirements of this section.
(2)  Except as provided in subsection (3) , (4) or (5) , the nomination is to –
(a) be in an approved form; and
(b) include the name, ballot paper name, address and occupation of the person being nominated; and
(c) be signed by at least 10 nominators, other than the candidate, who are electors entitled to vote at the election to which the nomination relates; and
(d) be consented to in a statement signed by the person being nominated; and
(e) include a declaration made by the person being nominated that complies with section 78 ; and
(f) be lodged, posted or sent by facsimile so as to be received by the returning officer for the division after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.
(3)  If one or more persons are being nominated to appear on an Assembly ballot paper in a group under a heading of the ballot paper name of a registered party, the nomination is to –
(a) be in an approved form; and
(b) include the name, ballot paper name, address and occupation of each person being nominated; and
(c) be signed by the registered officer of the party, as nominator; and
(d) include a statement signed by the registered officer that the party has endorsed those persons; and
(e) be consented to by each person being nominated, in a statement signed by each such person; and
(f) include a declaration made by each person being nominated that complies with section 78 ; and
(g) be lodged, posted or sent by facsimile so as to be received by the returning officer for the division or the Commissioner after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.
(4)  If one or more persons are being nominated to appear on an Assembly ballot paper in a group not under a heading of the ballot paper name of a registered party, the nomination is to –
(a) be in an approved form; and
(b) include the name, ballot paper name, address and occupation of each person being nominated; and
(c) be signed by at least 100 nominators, other than the candidates, who are electors entitled to vote at the election to which the nomination relates; and
(d) be consented to by each person being nominated, in a statement signed by each person being nominated; and
(e) include a declaration made by each person being nominated that complies with section 78 ; and
(f) be lodged, posted or sent by facsimile so as to be received by the returning officer for the division after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.
(5)  If a person is being nominated to appear on a Council ballot paper together with the name of a registered party, the nomination is to –
(a) be in an approved form; and
(b) include the name, ballot paper name, address and occupation of the person being nominated; and
(c) be signed by the registered officer of the party, as nominator; and
(d) include a statement signed by the registered officer that the party has endorsed that person; and
(e) be consented to in a statement signed by the person being nominated; and
(f) include a declaration made by the person being nominated that complies with section 78 ; and
(g) be lodged, posted or sent by facsimile so as to be received by the returning officer for the division or the Commissioner after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.
(6)  Any consent or declaration required under subsection (2) , (3) , (4) or (5) may be provided by another approved method.
(7)  At the time the nomination is lodged, the nomination deposit is to be lodged with the returning officer or the Commissioner.
(8)  The nomination deposit is $400 per person nominated, in legal tender or in a cheque drawn by an authorised deposit-taking institution or other financial institution on itself.
(9)  A nomination is not invalid by reason of a formal defect or error in it if the returning officer or the Commissioner receiving the nomination is satisfied that the provisions of this Act have been substantially complied with in relation to it.