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LOCAL GOVERNMENT ACT 1995 - SECT 4.51

LOCAL GOVERNMENT ACT 1995 - SECT 4.51

4.51 .         Nominations, rejection of

        (1)         The returning officer is to reject a nomination if —

            (a)         it is not effective under section 4.49; or

            (b)         the candidate is not an elector of the district or was not an elector of the district as at the close of enrolments; or

            (ba)         as at the close of enrolments, the candidate was not qualified to be elected as a member of a council due to section 2.19(2); or

            (bb)         the candidate is not qualified, or was not qualified as at the close of enrolments, to be elected as a member of the council due to regulations made for the purposes of section 2.19(2A); or

            (c)         in the case of a candidate for election as a councillor, the candidate is not eligible to be a candidate because of section 4.48(1)(b) or (c).

        (2)         If none of subsection (1)(a), (b), (ba), (bb) or (c) apply the returning officer is to accept the nomination.

        (3)         Despite subsection (1)(a), if the profile of the candidate does not meet the requirements of regulations, the returning officer may amend the profile to meet those requirements and accept the nomination with the amended profile.

        (4)         If the returning officer rejects a nomination or amends a profile the returning officer is to give written notice of the decision, and the reasons for it, to the candidate without delay.

        [Section 4.51 amended: No. 49 of 2004 s. 40; No. 11 of 2023 s. 41.]