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Electoral Act 1993

Elections - Death or incapacity of candidate

151A: Interpretation

You could also call this:

"What words like 'incapacitated' mean in election law"

Illustration for Electoral Act 1993

When you are reading about the law related to elections, you might see the term "incapacitated" used to describe a candidate. You are considered incapacitated if you are very sick or badly hurt. The Returning Officer or the Electoral Commission decides this. They must be satisfied that because of your illness or injury, you cannot withdraw your nomination personally if section 152A applies to you. You are also considered incapacitated if, even if you are elected, you would likely be unable to take the Oath of Allegiance as a member of Parliament on the 61st day after writ day.

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Topics:
Government and voting > Elections
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Part 6Elections
Death or incapacity of candidate

151AInterpretation

  1. For the purposes of sections 152A to 153H, a candidate is incapacitated if the Returning Officer or, as the case requires, the Electoral Commission is satisfied that, because the candidate is suffering from a serious illness or has sustained a serious injury,—

  2. if section 152A applies, the candidate is unable to personally withdraw his or her nomination; and
    1. in any case, the candidate, if elected, would be unlikely to be capable of taking the Oath of Allegiance as a member of Parliament on the 61st day after writ day.

      Notes
      • Section 151A: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 151A: amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 151A(b): amended, on , by section 12 of the Electoral Amendment Act 2020 (2020 No 2).