Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 90

90 Grounds for deciding a person is not properly nominated

(1) In this section—

"nomination name" means the name used for a nomination under this division.

"party name" means the name, or an abbreviation or acronym of the name, of a parliamentary party or registered political party.

"public body name" means the name, or an abbreviation or acronym of the name, of a prominent public body.

(2) The commission may decide that a person who has changed his or her name is not properly nominated because the nomination name—

(a) is a party name; or

(b) so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or

(c) includes the word ‘independent’; or

(d) is a public body name; or

(e) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or

(f) is obscene or offensive.

(3) The commission may also decide that a person who has changed his or her name is not properly nominated if the commission considers the name could cause confusion.

Example—

If a person’s name is ‘Informal’, the commission may consider that the name could cause confusion to electors.

(4) If the commission decides a person is not properly nominated for an election, it must give the person—

(a) the decision; and

(b) the reasons for the decision; and

(c) a notice stating the person’s right to dispute the election.

Note—

For a person’s right to dispute the election, see section 139 .