Electoral Act 1993

Elections - Death or incapacity of candidate

152C: How application under section 152A to be dealt with

You could also call this:

"What happens when you ask to check if a candidate can't run in an election"

Illustration for Electoral Act 1993

When you make an application under section 152A, the Returning Officer or the Electoral Commission must quickly decide if the candidate became incapacitated before nominations closed. They can ask questions and get help, like expert medical help, to make this decision. The Returning Officer or Electoral Commission must make this decision as soon as possible.

If the Returning Officer or Electoral Commission decides the candidate became incapacitated before nominations closed, they must cancel the candidate's nomination. This must happen before midnight on nomination day.

If they have not made a decision by midnight on nomination day, the application will be treated as if it were made under section 153G. The Returning Officer or Electoral Commission will then inform you of their decision as soon as possible.

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152B: Procedural provisions relating to making of application under section 152A(1), or

"Rules for making a special application about a candidate who is too sick to campaign"


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153: Death or incapacity of list candidate after submission of list, or

"What happens if a list candidate dies or can't take part after their party's list is submitted"

Part 6Elections
Death or incapacity of candidate

152CHow application under section 152A to be dealt with

  1. On receiving an application made under section 152A(1), the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations.

  2. For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Returning Officer or Electoral Commission considers necessary.

  3. If, before midnight on nomination day, the Returning Officer or Electoral Commission determines that the candidate became incapacitated before the close of nominations, the Returning Officer or Electoral Commission must cancel the candidate’s nomination.

  4. If the Returning Officer or Electoral Commission has not made a determination under subsection (1) before midnight on nomination day, then—

  5. section 152A does not apply; and
    1. the application is to be treated as if it were an application under section 153G(1), and is to be determined accordingly.
      1. As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission must inform the applicant or applicants of that determination.

      Notes
      • Section 152C: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 152C(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(2): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).