Document ID: chunk:federal_register_of_legislation:C2025C00152:section:173
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 173
Character Range: 373741–375104

173  Deposit to be forfeited in certain cases
 (1) The deposit made by or on behalf of a candidate at a Senate election or at a House of Representatives election shall be retained pending the election, and after the election shall be returned in accordance with subsection (2), if the candidate is elected, or:
 (a) in the case of a Senate election:
 (i) if the total number of votes polled in the candidate's favour as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences; or
 (ii) in a case where the name of the candidate is included, in ballot papers used in the election, in a group in pursuance of section 168—if the sum of the votes polled in favour of each of the candidates included in the group as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences; or
 (b) in the case of a House of Representatives election, if the total number of votes polled in the candidate's favour as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences;
otherwise it shall be forfeited to the Commonwealth.
 (2) The deposit must be returned to the person who paid it, or to a person authorised in writing by the person who paid it.