Victorian Consolidated Regulations

LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2020 - REG 29

    (1)     The election manager must send written notice to a candidate for election if the election manager believes that the candidate is not entitled to nominate as a candidate under section 256 of the Act.

    (2)     A notice under subregulation (1)—

        (a)     must be—

              (i)     personally served; or

              (ii)     sent by post or email to the postal or email address specified in the candidate's nomination form; and

        (b)     must specify that the election manager believes that the candidate is not entitled to nominate as a candidate under section 256 of the Act; and

        (c)     must specify the reasons for that belief; and

        (d)     must invite the candidate to submit written reasons explaining why the candidate should not be prevented from being a candidate for election; and

        (e)     must specify the date by which the candidate must submit written reasons (being a date not less than one day after the date of the election manager's written notice).

    (3)     The election manager must take action in accordance with subregulation (4) if the election manager—

        (a)     receives reasons from the candidate explaining why the candidate should not be prevented from being a candidate for election but the election manager is satisfied that the candidate is not entitled as specified in subregulation (1); or

        (b)     does not receive any written submission from the candidate.

    (4)     The election manager must—

        (a)     if nominations for the election have not closed, reject the nomination of the candidate and advise the candidate that the nomination has been rejected and the reasons for that rejection; or

        (b)     if nominations for the election have closed but the declaration of the election has not been made, advise the candidate that they are retired from the election and give reasons for retiring the candidate.

    (5)     For the purposes of subregulation (4)(b)—

        (a)     the candidate's nomination is void from the date that advice is sent to the candidate by the election manager; and

        (b)     the candidate is taken to have retired from the election on and from the date the advice is sent.

    (6)     The reasons given to a candidate by the election manager under subregulation (4)(a) or (b) must be in writing.