Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 177

Withdrawal by candidate in election

  (1)   A candidate for a Senate election or House of Representatives election may withdraw the candidate's consent to a nomination by lodging a notice of withdrawal with the Electoral Commissioner. The withdrawal must be made before the hour of nomination.

  (2)   If:

  (a)   a candidate for a House of Representatives election for a Division is nominated in a bulk nomination by the registered officer of a registered political party; and

  (b)   the candidate withdraws the candidate's consent to a nomination;

then:

  (c)   the withdrawal does not affect the nomination of the other candidates nominated in the bulk nomination; and

  (d)   the registered officer may amend the nomination, at any time before the hour of nomination, to substitute another candidate for that Division.

  (5)   An amendment under paragraph   (2)(d) must:

  (a)   be made by notice in writing to the Electoral Commissioner; and

  (b)   be in the approved form and signed by the registered officer.

Return of deposit

  (6)   If a candidate withdraws his or her consent to a nomination, the deposit lodged in relation to the nomination must be returned to:

  (a)   the person who paid it; or

  (b)   a person authorised in writing by the person who paid it.

Effect of withdrawal of consent on nomination

  (7)   If a candidate withdraws his or her consent to a nomination, the nomination ceases to have effect.