Electoral Amendment Act 2002

57 New heading and sections 146A to 146L inserted
  • The principal Act is amended by inserting, after section 146, the following heading and sections:

    Bulk nomination of candidates by registered political parties

    146A Purpose of sections 146B to 146L
    • Sections 146B to 146L provide an alternative to the procedures set out in sections 143 to 146 by which people can be nominated as candidates for election for electoral districts.

    146B Notice of intention to lodge bulk nomination
    • (1) If, at any general election, a political party that is registered under Part IV intends to lodge a bulk nomination schedule of candidates for election for electoral districts, the secretary of that party must notify that intention to the Chief Electoral Officer.

      (2) A notification under subsection (1)—

      • (a) must be given not later than 1 working day after writ day for the general election; and

      • (b) must be on a form provided by the Chief Electoral Officer; and

      • (c) may be given by hand, post, or facsimile transmission.

      (3) The secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1) by notifying the withdrawal to the Chief Electoral Officer.

      (4) A withdrawal under subsection (3)—

      • (a) must be on a form provided by the Chief Electoral Officer; and

      • (b) may be given by hand, post, or facsimile transmission.

    146C Effect of notification of intention to lodge bulk nomination on nominations under section 143
    • (1) If the secretary of a political party notifies the party's intention to the Chief Electoral Officer under section 146B(1), that notification remains in force for the purposes of the general election unless—

      • (a) the notification is withdrawn under section 146B(3); or

      • (b) any bulk nomination schedule lodged by the secretary of that party is rejected under section 146G; or

      • (c) the secretary of that party withdraws, under section 146I, a bulk nomination schedule previously lodged by the secretary without providing either of the following:

        • (i) an express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or

        • (ii) another bulk nomination schedule in accordance with section 146D.

      (2) While a notification of a party's intention under section 146B remains in force for the purposes of a general election,—

      • (a) no Returning Officer may accept a nomination made under section 143 in respect of a candidate for that political party; and

      • (b) if a Returning Officer has already accepted a nomination made under section 143 in respect of a candidate for that political party, that nomination is of no effect and is to be treated as if it had been withdrawn under section 146.

    146D Bulk nomination of constituency candidates
    • (1) At any general election, the secretary of a political party that is registered under Part IV may, in accordance with this section, nominate as candidates for election for electoral districts persons who are qualified under this Act and who consent to be nominated.

      (2) The secretary of a party may nominate its candidates under this section by lodging, with the Chief Electoral Officer, a single bulk nomination schedule on a form provided by the Chief Electoral Officer.

      (3) A bulk nomination schedule—

      • (a) may be lodged by hand, post, or facsimile transmission; and

      • (b) must be lodged with the Chief Electoral Officer not later than noon on the day before nomination day.

      (4) The Chief Electoral Officer must give a written receipt for every bulk nomination schedule that he or she accepts.

    146E Bulk nomination schedule
    • (1) The following requirements apply in relation to a bulk nomination schedule:

      • (a) the schedule must specify the electoral districts for which candidates are nominated in the schedule:

      • (b) the schedule must state, in relation to each such electoral district,—

        • (i) the full name of the constituency candidate; and

        • (ii) if the candidate's full name is not to be used on the ballot paper, the name or names to be used, which must be short enough to fit on the ballot paper.

      (2) Every bulk nomination schedule must contain a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that the secretary is satisfied that each constituency candidate nominated in the schedule is qualified under this Act to be a constituency candidate.

      (3) The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule, a statement on a form provided by the Chief Electoral Officer, signed by the constituency candidate and signifying his or her consent to the nomination.

      (4) If the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 67A, but the political party is not submitting a party list under section 127, then a copy of the logo may be lodged with the Chief Electoral Officer for inclusion on the ballot paper in accordance with section 150(13).

      (5) Every logo lodged under subsection (4)—

      • (a) may be lodged by hand, post, or facsimile transmission; and

      • (b) must be lodged with the Chief Electoral Officer not later than noon on nomination day.

    146F Deposit payable in respect of bulk nomination schedule
    • (1) If a secretary of a party lodges a bulk nomination schedule under section 146D, he or she must lodge with the Chief Electoral Officer, by noon on the day before nomination day, a deposit of $300 (inclusive of goods and services tax) for every constituency candidate nominated in the bulk nomination schedule.

      (2) The deposit must be in the form of 1 bank draft, or 1 bank cheque, for the total amount payable under subsection (1).

      (3) If an unsuccessful constituency candidate nominated in a bulk nomination schedule receives in total less than 5% of the total number of votes received by constituency candidates in the district for which the unsuccessful candidate was nominated, the amount of the deposit paid under subsection (1) in respect of that unsuccessful candidate is forfeit and must be paid into the Crown Bank Account.

      (4) After deducting any amounts forfeit under subsection (3), the Chief Electoral Officer must return the remainder (if any) of the amount paid under subsection (1) to the party secretary, but only if the Chief Electoral Officer has received a return under section 210 in respect of every constituency candidate nominated in the bulk nomination schedule.

    146G Acceptance or rejection of bulk nomination schedule or nomination of candidate
    • (1) The Chief Electoral Officer must reject a bulk nomination schedule lodged under section 146D—

      • (a) if the schedule is not lodged by the secretary of a political party registered under Part IV; or

      • (b) if the intention to lodge the schedule has not been notified under section 146B; or

      • (c) if the schedule is not lodged with the Chief Electoral Officer by noon on the day before nomination day; or

      • (d) if the schedule does not contain the declaration required by section 146E(2); or

      • (e) if the deposit required by section 146F(1) is not paid by noon on the day before nomination day.

      (2) The Chief Electoral Officer must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a Returning Officer would be required to reject the nomination of that candidate under section 145(2) if the candidate had been nominated under section 143; and the provisions of subsections (2) to (5) of section 145 apply accordingly with all necessary modifications.

      (3) The Chief Electoral Officer must reject the nomination of a candidate listed on a bulk nomination schedule if—

      • (a) the candidate is not qualified both to be a candidate and to be elected as a member of Parliament; or

      • (b) the written notice required by section 146E(3) in relation to that candidate is not lodged with the Chief Electoral Officer by noon on nomination day.

      (4) In every other case the Chief Electoral Officer must accept the bulk nomination schedule and the nominations made on the schedule.

      (5) Subsection (4) does not limit the jurisdiction of the Court hearing an election petition.

    146H Amendment of bulk nomination schedule
    • (1) If the secretary of a party lodges a bulk nomination schedule with the Chief Electoral Officer by noon on the day before nomination day, the secretary may, at any time before noon on nomination day, provide to the Chief Electoral Officer any information necessary to remedy any defect or omission in the schedule, or in any document required to be lodged with the schedule.

      (2) Information may be provided under subsection (1) to the Chief Electoral Officer by hand, post, or facsimile transmission.

      (3) If the Chief Electoral Officer receives any information under subsection (1),—

      • (a) the Chief Electoral Officer must, where appropriate, amend the bulk nomination schedule or other document to which the information relates:

      • (b) the Chief Electoral Officer must take the information into account in determining whether to accept or reject, under section 146G, the bulk nomination schedule, or the nomination of a candidate listed on the schedule.

      (4) This section does not authorise the secretary of a party to—

      • (a) substitute a different person as a candidate for election for an electoral district; or

      • (b) nominate a candidate for election for an electoral district for which no candidate was nominated in the schedule as originally lodged with the Chief Electoral Officer.

    146I Withdrawal of bulk nomination schedule
    • (1) A secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146D.

      (2) A bulk nomination schedule may be withdrawn under subsection (1) by notice, on a form provided by the Chief Electoral Officer, signed by the secretary of the party and witnessed by a Justice of the Peace or a solicitor.

      (3) The withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the Chief Electoral Officer, by hand, post, or facsimile transmission, by noon on nomination day.

      (4) If the secretary of a party withdraws a bulk nomination schedule under subsection (1), any notification given by that party under section 146B(1) automatically ceases to be in force, unless—

      • (a) the form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or

      • (b) at the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146D.

      (5) If a bulk nomination schedule is withdrawn under subsection (1), the party secretary may lodge another bulk nomination schedule in accordance with section 146D.

      (6) If a bulk nomination schedule is withdrawn under subsection (1), the deposit paid under section 146F must be returned to the party secretary, unless the party secretary submits another bulk nomination schedule in accordance with section 146D.

    146J Withdrawal of nomination in bulk nomination schedule
    • (1) A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K may withdraw his or her nomination by a notice on a form provided by the Chief Electoral Officer, signed by him or her and witnessed by a Justice of the Peace or a solicitor.

      (2) No withdrawal of nomination under subsection (1) has any effect unless it is lodged with the Chief Electoral Officer not later than noon on nomination day.

      (3) If a candidate for election for an electoral district withdraws his or her nomination under subsection (1), the amount of the deposit paid under section 146F(1) in respect of that candidate must be returned to the party secretary, unless another candidate for election for that electoral district is nominated under section 146K.

    146K Replacement nomination if earlier nomination withdrawn or lapses
    • (1) If a candidate for election for an electoral district withdraws his or her nomination under section 146J, or the nomination of a constituency candidate nominated in a bulk nomination schedule is required by section 152 or section 152A(3) to be treated as if it had not been made, the secretary of the party may nominate another candidate for election for that electoral district in the following manner:

      • (a) written notice of the nomination must be lodged with the Chief Electoral Officer, by hand, post, or facsimile transmission, not later than noon on nomination day:

      • (b) the requirements set out in subsections (1) to (3) of section 146E apply in relation to a notice under this section as if the nomination were made in a bulk nomination schedule:

      • (c) the secretary of the party must lodge with the Chief Electoral Officer, by noon on nomination day, a deposit (in the form of money, a bank draft, or a bank cheque) of the amount payable under section 146F(1) for a constituency candidate nominated in a bulk nomination schedule, unless the Chief Electoral Officer holds the amount of the deposit paid under section 146F(1) in respect of the candidate whose nomination was withdrawn or (as the case may be) who died or became incapacitated.

      (2) Sections 146F(3) and (4), 146G, and 146H apply in relation to a nomination lodged under this section as if the nomination had been included in a bulk nomination schedule, except that the references in those sections to the day before nomination day are to be read as references to nomination day.

    146L Inspection of bulk nomination schedules and consents to nomination
    • Any registered elector may inspect the following material at the Chief Electoral Officer's office without payment at any time when the office is open for the transaction of business:

      • (a) any bulk nomination schedule lodged under this Act:

      • (b) any copy of a consent lodged with a bulk nomination schedule in accordance with section 146E(3):

      • (c) any information provided to the Chief Electoral Officer under section 146H:

      • (d) any nomination lodged under section 146K.