128 Acceptance or rejection of lists by Electoral Commission

(1)

The Electoral Commission must reject a list submitted under section 127

(a)

if the list is not submitted by a political party registered under Part 4; or

(b)

if the list is not lodged with the Electoral Commission by noon on the day before nomination day; or

(c)

if the list does not contain the name of at least 1 candidate; or

(d)

if the list is not accompanied by the declaration required by section 127(3A); or

(da)
[Repealed]

(e)

if the deposit required by section 127A is not paid by noon on the day before nomination day.

(2)

Where—

(a)

any person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of Parliament; or

(b)

the consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the Electoral Commission not later than noon on the day before nomination day,—

the Electoral Commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly.

(3)

If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply.

Section 128 heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1): substituted, on 28 February 2002, by section 47 of the Electoral Amendment Act 2002 (2002 No 1).

Section 128(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1)(b): amended, on 21 March 2017, by section 65(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 128(1)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1)(da): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 128(1)(e): amended, on 21 March 2017, by section 65(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 128(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(2)(b): amended, on 21 March 2017, by section 65(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 128(2)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).