Document ID: chunk:federal_register_of_legislation:C2004A01311:clause:1_18
Version: federal_register_of_legislation:C2004A01311
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 31777–33785

18  After subsection 166(1B)
Insert:

 (1C) A nomination form need only be signed by at least one other person entitled to vote at the election (the new election) for which the candidate is, or the candidates are, nominated if the candidate or each candidate:
 (a) is a sitting independent in relation to the new election; and
 (b) is not endorsed by a registered political party in the new election at the close of nominations.

 (1D) For the purposes of subsection (1C), a candidate for election to the Senate for a State or Territory is a sitting independent for the new election if:
 (a) the candidate was elected as a Senator for that State or Territory in an election (the previous election); and
 (b) the candidate was not endorsed by a registered political party in the previous election; and
 (c) the candidate continues to be a Senator for that State or Territory as a result of the previous election until:
 (i) the writ for the new election is issued; or
 (ii) if the writ for the new election is issued in relation to a dissolution of the Senate—that dissolution of the Senate.

 (1E) For the purposes of subsection (1C), a candidate for election to the House of Representatives for a Division (the seat being contested) is a sitting independent for the new election if:
 (a) the candidate was elected as a member of the House of Representatives in an election (the previous election) for a particular Division (the existing seat); and
 (b) the candidate was not endorsed by a registered political party in the previous election; and
 (c) the candidate continues to be a member of the House of Representatives for the existing seat as a result of the previous election until:
 (i) the writ for the new election is issued; or
 (ii) if the writ for the new election is issued in relation to a dissolution of the House of Representatives—that dissolution of the House of Representatives; and
 (d) the existing seat is either the same as, or has territory in common with, the seat being contested.