Document ID: chunk:federal_register_of_legislation:C2004A01311:clause:1_177
Version: federal_register_of_legislation:C2004A01311
Segment Type: clause
Provision Reference: sch 1 cl 177
Character Range: 33835–36353

177  Withdrawal of consent to a nomination

Withdrawal by candidate in Senate election

 (1) A candidate for a Senate election for a State or Territory may withdraw his or her consent to a nomination by lodging a notice of withdrawal with the Australian Electoral Officer for the State or Territory. The withdrawal must be made before the hour of nomination.

Withdrawal by candidate in House of Representatives election (general rule)

 (2) Subject to subsection (3), a candidate for a House of Representatives election for a Division may withdraw his or her consent to a nomination by lodging a notice of withdrawal with the Divisional Returning Officer for the Division. The withdrawal must be made before the hour of nomination.

Withdrawal by candidate in House of Representatives election (bulk nomination)

 (3) If a candidate for a House of Representatives election for a Division is nominated by the registered officer of a party under subsection 167(3) together with a number of other candidates (the other bulk nomination candidates), the candidate may withdraw his or her consent to a nomination by lodging a notice of withdrawal with the Australian Electoral Officer for the State or Territory in which the Division is located. The withdrawal must be made before the hour of nomination.

 (4) If a candidate withdraws his or her consent to a nomination under subsection (3):
 (a) the Australian Electoral Officer must deliver a fax of the withdrawal notice to the Divisional Returning Officer for the Division for which a candidate has been nominated, as soon as practicable before the hour of nomination; and
 (b) the withdrawal does not affect the nomination of the other bulk nomination candidates; and
 (c) the registered officer may amend the nomination, at any time before the hour of nomination, to substitute another candidate for that Division.

 (5) An amendment under paragraph (4)(c) must:
 (a) be made by notice in writing to the Australian Electoral Officer; and
 (b) be in the approved form and signed by the registered officer.

Return of deposit

 (6) If a candidate withdraws his or her consent to a nomination under subsection (1), (2) or (3), the deposit lodged in relation to the nomination must be returned to:
 (a) the person who paid it; or
 (b) a person authorised in writing by the person who paid it.

Effect of withdrawal of consent on nomination

 (7) If a candidate withdraws his or her consent to a nomination under this section, the nomination ceases to have effect.