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ELECTORAL AND REFERENDUM AMENDMENT (ELIGIBILITY) REGULATIONS 2018 (F2018L00669) - SCHEDULE 1

   

Electoral and Referendum Regulation 2016

1  Before Division 1 of Part 4

Insert:

Division 1A -- Nomination of candidates

13A   Qualification checklist to be included in nomination forms in Schedule 1 to the Act

             (1)  This section is made for the purposes of paragraph 392(2)(a) of the Act.

             (2)  Each of Forms C, CA, D and DA in Schedule 1 to the Act are altered by including the text in Part 1 of Schedule 3 to this instrument at the end of the Form.

             (3)  Form CC in Schedule 1 to the Act is altered by including the text in Part 2 of Schedule 3 to this instrument at the end of the Form.

13B   Providing additional documents with nomination papers

             (1)  A person who is nominated for election as a Senator or a member of the House of Representatives may provide the following additional documents to an Australian Electoral Officer or DRO along with the nomination paper for the person:

                     (a)  documents providing particulars of the person's Australian citizenship;

                     (b)  documents providing particulars to support the person's contention that the person is not incapable of being chosen or of sitting as a Senator or member of the House of Representatives by reason of section 44 of the Constitution.

             (2)  The Electoral Commission must publish on the Commission's website:

                     (a)  the checklist in Schedule 3 to this instrument from the nomination paper for the person if the person fills out the checklist and consents to it being published (unless the person's name is not declared under section 176 of the Act); and

                     (b)  any additional documents provided under subsection (1) by the person (whether or not the person consents to the publishing of the checklist).

             (3)  The checklist and documents must:

                     (a)  be published as soon as practicable after the declaration time; and

                     (b)  remain available to the public until a petition disputing the election can no longer be filed under section 355 of the Act.

             (4)  Before providing documents under subsection (1), the person may omit, redact or delete from the documents any information that the person does not wish to be published under subsection (2).

2  After Part 4

Insert:

Part 5 -- Application and transitional matters

Division 1 -- Application of the Electoral and Referendum Amendment (Eligibility) Regulations 2018

29   Application of the Electoral and Referendum Amendment (Eligibility) Regulations 2018

                   The amendments made by the Electoral and Referendum Amendment (Eligibility) Regulations 2018 to this instrument apply in relation to any elections, the writs for which are issued on or after the commencement of that instrument.

3  At the end of the instrument

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