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LOCAL GOVERNMENT ACT 1995 - SECT 4.53

LOCAL GOVERNMENT ACT 1995 - SECT 4.53

4.53 .         Nominations, cancellation of

        (1)         The nomination of a candidate is cancelled if the candidate withdraws the nomination or dies before the close of nominations.

        (2)         The withdrawal of a nomination is only effective if —

            (a)         written notice of it is received by the returning officer at the nomination place (by delivery, post, facsimile or other prescribed means) before the close of nominations; and

            (b)         evidence that the withdrawal is made by or with the consent of the candidate is given to the returning officer in a prescribed manner on or with the withdrawal notice or before the close of nominations.

        (3)         If a nomination is cancelled, the returning officer must ensure —

            (a)         that the candidate’s relevant information (as defined in section 4.52(1)) is removed from the local government’s official website; and

            (b)         that notice of the cancellation is published on that website until the close of nominations.

        (4)         If a person who is a candidate in both an election to fill the office of mayor or president and an election to fill an office or offices of councillor on the council is elected unopposed under section 4.55 to fill the office of mayor or president, the nomination of the person as a candidate in the other election is to be regarded for the purposes of this Act as having been cancelled immediately before the close of nominations.

        [Section 4.53 amended: No. 64 of 1998 s. 24(2); No. 11 of 2023 s. 43.]

        [Heading inserted: No. 19 of 2010 s. 44(2).]