Document ID: chunk:federal_register_of_legislation:C2019A00002:clause:1_170a:p1
Version: federal_register_of_legislation:C2019A00002
Segment Type: clause
Provision Reference: sch 1 cl 170A (pt 1/2)
Character Range: 11438–14206

170A  Objects and effect of qualification checklist
 (1) The objects of the qualification checklist are:
 (a) to ensure that electors are informed about the eligibility under the Constitution and this Act of candidates in elections; and
 (b) to provide a way for candidates to actively consider their circumstances and whether they are eligible to be elected.
 (2) To avoid doubt, the Electoral Commissioner, or a member of the staff of the Electoral Commission, has no power to make any determination in relation to the qualification checklist in a person's nomination, except whether the person has answered every mandatory question (see paragraph 170(1)(d)).
 (3) Without limiting subsection (2), the Electoral Commissioner, or a member of the staff of the Electoral Commission, has no power to determine whether:
 (a) an answer to a question in a qualification checklist is incorrect, false or inadequate; or
 (b) a person is satisfied that a document provided under subparagraph 170B(1)(a)(ii) or paragraph 170B(1)(b) supports the contention of the person; or
 (c) a document so provided by a person supports the person's contention; or
 (d) a declaration or statement under paragraph 170(1)(b) or (c) in a person's nomination, that is inconsistent with an answer in the qualification checklist in the nomination or a document provided under subsection 170B(1) with the nomination, is true or false; or
 (e) the person is qualified to be elected as a Senator or member of the House of Representatives under the Constitution or this Act.
Note: A person's eligibility to be elected under the Constitution or this Act may be determined by the Court of Disputed Returns.

Limit on ability to dispute election as a result of decision relating to qualification checklist
 (4) If a person's nomination for election is accepted, but paragraph 170(1)(d) or subsection 170(1B) was not in fact complied with in relation to the nomination:
 (a) the nomination, and the decision to accept the nomination, are taken for all purposes to be valid; and
 (b) the decision is not a contravention of this Act or an illegal practice (within the meaning of Part XXII).
This subsection does not affect the nomination, or the decision to accept the nomination, to the extent that the nomination is invalid for other reasons.
 (5) If a person's nomination for election is rejected on the basis that paragraph 170(1)(d) or subsection 170(1B) was not complied with in relation to the nomination, but that provision was in fact complied with:
 (a) the decision is an illegal practice (within the meaning of Part XXII), but a petition disputing the election or the return relating to the election must not be made except if it is signed by the person; and
 (b) except as provided by paragraph