COMMONWEALTH ELECTORAL ACT 1918 - SECT 166 Mode of nomination

COMMONWEALTH ELECTORAL ACT 1918
- SECT 166
Mode of nomination

(1) Subject to subsections (1A), (1B) and (1C), a nomination may be in Form C, CA, CB, CC, D or DA in the Schedule, as the case requires, and shall:

(a): set out the name, place of residence and occupation of the candidate or each candidate; and
(b): be signed by:

(i): not less than 50 persons entitled to vote at the election for which the candidate is, or the candidates are, nominated; or
(ii): the registered officer of the registered political party by which the candidate has, or the candidates have, been endorsed for that election.

(1A) Where:

(a): a candidate in a Senate election is:

(i): a Senator; or
(ii): in the case of an election following a dissolution of the Senate, a person who was, immediately before the dissolution, a Senator; and

(b): the candidate's name is, under subsection 99(4), enrolled on the Roll for any Subdivision of a Division of the State or Territory that he or she represents or represented;

the candidate may set out in his or her nomination the address recorded in that enrolment rather than his or her place of residence.

(1B) Where:

(a): a candidate in an election for the House of Representatives was, immediately before the dissolution or expiration of the House of Representatives that preceded the election, a member of the House of Representatives; and
(b): the candidate's name is, under subsection 99(4), enrolled on the Roll for any Subdivision of the Division that he or she represented;

the candidate may set out in his or her nomination the address recorded in that enrolment rather than his or her place of residence.

(1C) A nomination form need only be signed by at least one other person entitled to vote at the election (the new election) for which the candidate is, or the candidates are, nominated if the candidate or each candidate:

(a): is a sitting independent in relation to the new election; and
(b): is not endorsed by a registered political party in the new election at the close of nominations.

(1D) For the purposes of subsection (1C), a candidate for election to the Senate for a State or Territory is a sitting independent for the new election if:

(a): the candidate was elected as a Senator for that State or Territory in an election (the previous election); and
(b): the candidate was not endorsed by a registered political party in the previous election; and
(c): the candidate continues to be a Senator for that State or Territory as a result of the previous election until:

(i): the writ for the new election is issued; or
(ii): if the writ for the new election is issued in relation to a dissolution of the Senate—that dissolution of the Senate.

(1E) For the purposes of subsection (1C), a candidate for election to the House of Representatives for a Division (the seat being contested) is a sitting independent for the new election if:

(a): the candidate was elected as a member of the House of Representatives in an election (the previous election) for a particular Division (the existing seat); and
(b): the candidate was not endorsed by a registered political party in the previous election; and
(c): the candidate continues to be a member of the House of Representatives for the existing seat as a result of the previous election until:

(i): the writ for the new election is issued; or
(ii): if the writ for the new election is issued in relation to a dissolution of the House of Representatives—that dissolution of the House of Representatives; and

(d): the existing seat is either the same as, or has territory in common with, the seat being contested.

(2) A nomination may name a candidate only by specifying:

(a): the surname and the Christian or given name, or one or more of the Christian or given names, under which the candidate is enrolled; or
(b): in a case where the candidate is not enrolled—a surname and the Christian or given name, or one or more of the Christian or given names, under which the candidate is entitled to be enrolled.

(3) For the purposes of subsection (2), a Christian or given name may be specified by specifying:

(a): an initial standing for that name; or
(b): a commonly accepted variation of that name (including an abbreviation or truncation of that name or an alternative form of that name).

(4) A nomination shall include a statement of the form in which the candidate's name or candidates' names, as the case may be, is or are to be printed on the ballot-papers for the election.
(5) Where:

(a): persons to be nominated as candidates in a Senate election wish to have their names grouped in the ballot-papers; and
(b): those persons have been endorsed for that election by different registered political parties;

the nominations of the candidates may be combined in such manner as the Electoral Commission approves.

(6) Nothing in this Act is to be taken as requiring a person:

(a): who is a candidate or the nominator of a candidate; and
(b): whose address is not shown on the Roll because of section 104;

to set out his or her address on a nomination paper.

(7) A candidate who does not set out his or her address on a nomination form must provide the Divisional Returning Officer or Australian Electoral Officer, as the case may be, with an address for correspondence.

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