Document ID: chunk:federal_register_of_legislation:C2008C00455:clause:3_3:p2
Version: federal_register_of_legislation:C2008C00455
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 2/2)
Character Range: 71229–72868

by whom the claim is made; and
 (e) if subparagraph (d)(iii) applies—be signed by the party secretaries of the party and the related party.

(5) A person who was elected as a member of the Commonwealth Parliament must not be relied on by more than one political party for its claim, unless:
 (a) at a time when the person was a member of a political party, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament; and
 (b) at another time when the person was a member of another political party, the person was a candidate for the other party at another election, and was elected at that time as a member of the Commonwealth Parliament.

(6) If more than one political party relies on the same person for its claim in contravention of subitem (5), then:
 (a) if at a time when the person was a member of one of the political parties, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament—that party may rely on the person; and
 (b) otherwise—the party:
 (i) that the Electoral Commission is satisfied is covered by subitem (2) or (3); and
 (ii) that makes the earliest claim;
  may rely on the person.

(7) Before determining a claim made under this item, the Electoral Commission may make any inquiries that it considers appropriate to ascertain facts in relation to the claim.

(8) A determination or decision by the Electoral Commission in respect of a claim made under this item is taken to be a reviewable decision for the purposes of section 141 of the Commonwealth Electoral Act 1918.