Australian Capital Territory Current Acts

ELECTORAL ACT 1992 - SECT 110

    (1)     The commissioner must reject the nomination of a person if—

        (a)     the nomination is not substantially in accordance with section 105 (Candidates to be nominated); or

        (b)     the commissioner believes on reasonable grounds that the name under which the person is nominated—

              (i)     is obscene; or

              (ii)     is frivolous; or

              (iii)     has been assumed for a political purpose; or

Examples—subpar (iii)

1     a name that includes, completely or partly, the name, or an abbreviation of the name, of a political party

2     a name that includes a political message

        (c)     both of the following apply:

              (i)     the nomination was made under section 105 (2) (a);

              (ii)     the number of candidates nominated for an electorate by the registered officer of a registered party exceeds the number of candidates able to be nominated for the electorate under section 105A (Number of candidates nominated).

    (2)     If the commissioner rejects a nomination under subsection (1), the commissioner must give written notice of the rejection to—

        (a)     the person whose nomination is rejected; and

        (b)     for a nomination rejected under subsection (1) (c)—the registered officer of the registered party.

    (3)     A notice given under subsection (2) must set out the reasons for the rejection.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (4)     The commissioner must not reject the nomination of a person other than under subsection (1).