49 Candidate not disqualified if name removed from roll without cause

(1)

This section applies to a person—

(a)

who is qualified to be registered as an elector of an electoral district; and

(b)

whose name was entered on the electoral roll for that district; but

(c)

whose name has been subsequently removed from that electoral roll through no fault or failure of that person.

(2)

A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.

(3)

However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—

(a)

he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and

(b)

his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.

(4)

A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—

(a)

the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or

(b)

the party secretary, if the person is to be nominated as—

(i)

a constituency candidate by the party secretary under section 146D; or

(ii)

a list candidate.

Section 49: substituted, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).