Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 211A

             (1)  Where:

                     (a)  a candidate in a Senate election is:

                              (i)  a Senator; or

                             (ii)  in the case of an election following a dissolution of the Senate, a person who was, immediately before the dissolution, a Senator; and

                     (b)  the candidate has not joined in a request under section 168 in relation to the election;

the candidate may lodge with the Australian Electoral Officer a written statement that the candidate wishes voters in the election to indicate their preferences in relation to all the candidates in the election in an order specified in the statement, being an order that gives preference to the candidate lodging the statement before any other candidate.

             (2)  A candidate who is entitled to lodge a statement under subsection (1) may, instead of lodging that statement, lodge a written statement that the candidate wishes voters in the election to indicate their preferences in relation to all the candidates in the election in either of 2 orders, or any of 3 orders, specified in the statement, being orders that give preference to the candidate lodging the statement before any other candidate.

             (3)  A statement under subsection (1) or (2) shall:

                     (a)  be signed by the candidate; and

                     (b)  be lodged with the Australian Electoral Officer for the State or Territory in which the election to which the statement relates is to be held.

             (4)  A statement under subsection (1) or (2) shall be lodged after the determinations in relation to the election required by section 210 have been made and before the expiration of 48 hours after the closing of nominations for the election.

             (5)  A candidate is not entitled to lodge a statement under subsection (1) or (2) unless there was lodged with the nomination of the candidate written notice by the candidate that the candidate proposed to lodge a statement under this section.

             (6)  Where a candidate in a Senate election has lodged a statement under subsection (1) or (2), a square shall be printed on the ballot papers for use in the election above the name of the candidate.

             (7)  Where:

                     (a)  a candidate has lodged a statement under subsection (1) or (2); and

                     (b)  subsection 214(1) requires that the name of a registered political party be printed adjacent to the name of the candidate on the ballot papers;

the name of that party shall also be printed on the ballot papers adjacent to the square printed on the ballot papers in relation to that candidate in accordance with subsection (6).

             (8)  Where:

                     (a)  a candidate has lodged a statement under subsection (1) or (2); and

                     (b)  subsection 214(3) requires that the word "Independent" be printed adjacent to the name of the candidate on ballot papers;

the word "Independent" and the name of the candidate must also be printed on the ballot papers adjacent to the square printed on the ballot papers in accordance with subsection (6).

             (9)  Without limiting the generality of subsection (1) or (2), a statement for the purposes of either of those subsections may specify an order of preferences by setting out the names of all the candidates in the election in the groups, and in the order, in which they would be set out in a ballot paper with squares opposite to each name and with a number in each square showing that order of preferences.

           (10)  Where a candidate has lodged a statement under subsection (1) or (2), section 216 applies as if the candidate were a group that had a group voting ticket, or 2 or 3 group voting tickets, as the case requires, registered for the purposes of the election, being the order of preferences, or the orders of preferences, given in that statement, as the case may be, and as if the statement had been lodged under section 211.

           (11)  A candidate who lodges a statement under subsection (2) shall indicate in the statement the order in which the voting tickets of the candidate are to be displayed in the poster or pamphlet prepared for the purposes of subsection 216(1).

           (12)  A candidate who has lodged a statement under subsection (1) or (2) may, at any time before the period for lodging the statement expires, amend, withdraw or replace the statement by giving written notice to the Australian Electoral Officer. The notice must be signed by the candidate.