(1)  A person is ineligible to be nominated as a candidate for election to represent a division if –

(a) the person is –

(i) the holder of a seat in the other House of the Parliament of Tasmania; or

(ii) in the case of a nomination at a Council election, the holder of a seat in another Council division; or

(iii) in the case of a nomination at an Assembly by-election, the holder of a seat in another Assembly division; or

(b) the person is a candidate for an election in another division of either House for which the writ has not been returned; or

(c) the person is a Member of the Parliament of the Commonwealth.

(2)  A person is not ineligible under subsection (1)(a)(ii) to be nominated as a candidate for election to represent a Council division where his or her term of office as a Member is to cease at the election by the operation of a determination under section 29A(1) of the Legislative Council Electoral Boundaries Act 1995 .