Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p39
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 39/40)
Character Range: 123664–126640

must be given or sent to the Returning Officer:
          (a) by hand; or
          (b) by post; or
          (c) by electronic mail or facsimile transmission.

      122  Time for receipt of declarations

        A declaration must be received at the address specified under paragraph 120 (1) (c) by 12.00 noon on declaration day.

      123  Rejection of declaration

        (1) Subject to subrule (2), a declaration must be rejected by the Returning Officer if, and only if, it does not comply with rules 121 and 122.

       (2) A declaration must not be rejected because of a formal defect or error if it substantially complies with rule 121.

      124  Withdrawal of declaration

       (1) An unsuccessful candidate may withdraw his or her declaration before 12.00 noon on declaration day by lodging a notice of withdrawal with the Returning Officer.

       (2) If a declaration is withdrawn under subrule (1), the unsuccessful candidate must not be included in the recount.

       (3) A notice under this rule must be given or sent to the Returning Officer:
          (a) by hand; or
          (b) by post; or
          (c) by electronic mail or facsimile transmission.

      125  Proceedings on declaration day

        At 12.00 noon on declaration day the Returning Officer must:
           (a) attend at the address specified under paragraph 120 (1) (c); and
           (b) produce all declarations received from unsuccessful candidates under rule 121; and
           (c) announce the names and places of residence of those unsuccessful candidates.

      126  Further action in relation to declarations

       (1) If no unsuccessful candidate has made a declaration, the Electoral Commissioner must notify the TSRA in writing that he or she cannot proceed with the filling of the casual vacancy by recounting votes.

       (2) If only 1 unsuccessful candidate has made a declaration, the Returning Officer must declare that unsuccessful candidate to be elected.

       (3) If more than 1 unsuccessful candidate has made a declaration, a recount must be held.

       (4) If the TSRA receives a notice from the Electoral Commissioner under subrule (1) or subrule 119 (3), the TSRA must notify the Minister that the vacancy cannot be filled by recounting votes.

       (5) If the Returning Officer declares a candidate to be elected under subrule (2), the Returning Officer must, as soon as practicable after 12.00 noon on declaration day:
          (a) make and sign a statement setting out the name of the person elected; and
          (b) give a copy of the statement to the Electoral Commissioner.

       (6) As soon as practicable after receiving the statement, the Electoral Commissioner must give a copy of the statement to the TSRA.

      127  Public notice of proceedings on declaration day

       (1) As soon as practicable after declaration day, the Returning Officer must arrange for a statement of the proceedings on declaration day to