Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 172

Rejection of nominations and requests

  (1)   Subject to subsections   (1A) and (2), a nomination shall be rejected by the Electoral Commissioner if, and only if, the provisions of section   166, 167, 170 or 171 have not been complied with in relation to the nomination.

  (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 in a bulk nomination 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.

  (2)   No nomination may be rejected by reason of any formal defect or error in the nomination if the Electoral Commissioner is satisfied that the provisions of sections   166, 167, 170 (except paragraph   170(1)(d) and subsection   170(1B)) and 171 have been substantially complied with.

Note:   A nomination must be rejected if a person does not answer every mandatory question in the qualification checklist or provide a document required by subsection   170(1B) (see subsections   170(1) and (1B)).

  (3)   A request under this Part   is not ineffective because of any formal defect or error in the request if the requirements of this Act have been substantially complied with.


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