152B Procedural provisions relating to making of application under section 152A(1)

(1)

An application under section 152A(1) must be made as follows:

(a)

if the candidate was nominated under section 143,—

(i)

the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:

(ii)

the application must be made to the Returning Officer for the district:

(b)

if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K,—

(i)

the application must be made by the secretary of the party:

(ii)

the application must be made to the Electoral Commission.

(2)

The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.

(3)

The application must be accompanied by a certificate signed by a medical practitioner that certifies—

(a)

as to the candidate’s condition; and

(b)

that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

(4)

The application—

(a)

must be submitted to the Returning Officer or, as the case requires, the Electoral Commission not later than 4 pm on nomination day; and

(b)

may be submitted by hand, post, or electronically.

Section 152B: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 152B(1)(b)(ii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152B(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152B(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 152B(4)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152B(4)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).