Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The deposit made by or on behalf of a candidate at a Senate election or at a House of Representatives election shall be retained pending the election, and after the election shall be returned in accordance with subsection (2), if the candidate is elected, or:
(a) in the case of a Senate election:
(i) if the total number of votes polled in the candidate's favour as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences; or
(ii) in a case where the name of the candidate is included, in ballot papers used in the election, in a group in pursuance of section 168--if the sum of the votes polled in favour of each of the candidates included in the group as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences; or
(b) in the case of a House of Representatives election, if the total number of votes polled in the candidate's favour as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences;
otherwise it shall be forfeited to the Commonwealth.
(2) The deposit must be returned to the person who paid it, or to a person authorised in writing by the person who paid it.