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ELECTORAL AND REFERENDUM AMENDMENT (PRE-POLL VOTING AND OTHER MEASURES) ACT 2010 - SCHEDULE 3

Amendments relating to nomination of candidates

Part   1 -- Amendments

Commonwealth Electoral Act 1918

1   Subsection 166(1)

After "(1A),", insert "(1AA),".

2   After subsection 166(1A)

Insert:

  (1AA)   For a House of Representatives election for a particular Division, the registered officer of a particular registered political party must not sign nominations under subparagraph 166(1)(b)(ii) for that election for more than one candidate.

Note:   This does not prevent an amendment of a nomination under section   177 (withdrawal of consent to a nomination) or 180 (death of candidate after nomination).

3   Subsection 172(1)

Omit "subsection   (2)", substitute "subsections   (1A) and (2)".

4   After subsection 172(1)

Insert:

  (1A)   If:

  (a)   contrary to subsection 166(1AA), the registered officer of a party signs nominations for 2 or more candidates (the same Division candidates ) for a single Division; and

  (b)   the same Division candidates are nominated by the registered officer under subsection 167(3) together with a number of other candidates for other Divisions;

then:

  (c)   the nomination of the same Division candidates must be rejected; but

  (d)   the nomination of the other candidates must not be rejected merely because subsection 166(1AA) was not complied with in relation to the same Division candidates.


Part   2 -- Application of amendments

5   Application of amendments

The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of the amendments.




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