Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the Electoral and Referendum Regulation 2016 to alter the candidate nomination forms. It adds a checklist to the nomination forms provided by the Australian Electoral Commission (AEC) to candidates in elections.
Administered by: Finance
Made 29 May 2018
Registered 29 May 2018
Tabled HR 30 May 2018
Tabled Senate 18 Jun 2018
Date of repeal 31 May 2018
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Electoral and Referendum Amendment (Eligibility) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 29 May 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Mathias Cormann

Minister for Finance

 

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Electoral and Referendum Regulation 2016                                                                                    2

 


1  Name

                   This instrument is the Electoral and Referendum Amendment (Eligibility) Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

30 May 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Commonwealth Electoral Act 1918.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Electoral and Referendum Regulation 2016

1  Before Division 1 of Part 4

Insert:

Division 1ANomination 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 5Application and transitional matters

Division 1Application 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

Add:

Schedule 3Qualification checklist to be included in nomination forms in Schedule 1 to the Act

Note:       See section 13A.

Part 1Qualification checklist for Forms C, CA, D and DA

  

QUALIFICATION CHECKLIST RELATING TO SECTION 44 OF THE CONSTITUTION

 

 

…………………………………………..

[Candidate’s name]

 

You may fill out this checklist to demonstrate your eligibility to be elected to the Parliament. This nomination paper (including this checklist) is made public under section 176 of the Commonwealth Electoral Act 1918.

 

Information relating to the requirements under section 44 of the Australian Constitution is provided as part of the nomination form. In responding to the questions below, you are encouraged to familiarise yourself with the requirements of the Australian Constitution. Further, if you have any doubts about your eligibility to nominate, or about any of the questions below, you may wish to seek independent legal advice.

 

 

1.      Are you an Australian citizen by birth?

 

                                    YES                 NO      

 

If ‘no’, provide the following details:

 

Country of Birth

Citizenship at Birth

Date of Birth

Date of Australian naturalisation

 

 

 

 

 

 

2.      Were any of your parents or grandparents born outside Australia?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details, if known:

 

 

Mother

Father

Country of Birth

 

 

Date/Year of Birth

 

 

 

 

Maternal Grandmother

Maternal Grandfather

Country of Birth

 

 

Date/Year of Birth

 

 

 

 

Paternal Grandmother

Paternal Grandfather

Country of Birth

 

 

Date/Year of Birth

 

 

 

 

3.      Was your spouse or any former spouse born outside Australia (if applicable)?

 

                                    YES                 NO                   N/A     

 

If ‘yes’, provide the following details:

 

Relationship

Country of Birth

Date/Year of Birth

Spouse citizenship status at time of marriage

 

 

 

 

 

 

 

 

 

 

4.      Have you taken any steps to assure yourself that you have not acquired citizenship of another country by descent, marriage or other means?

 

                                    YES                 NO      

 

If ‘yes’, provide details:

 

Steps taken to assure yourself you have not acquired citizenship of another country by descent, marriage or other means

 

 

[Particulars of, and documents related to, the steps taken to assure yourself may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

 

5.      Are you now a subject or citizen of any country other than Australia?

 

                                    YES                 NO      

 

 

6.      Have you ever been a subject or citizen of any country other than Australia?

 

                                    YES                 NO      

 

If ‘yes’, have you renounced or lost that status in accordance with the laws of that country/ies?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Country

Method of renunciation or manner in which foreign citizenship was lost

Date

 

 

 

 

[Particulars of, and documents related to, the date and manner in which your citizenship was renounced or was otherwise lost may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

 

If you have not renounced or lost that status in accordance with the laws of that country/ies, is there any reason why you are not disqualified by reason of section 44(i)? (For example, despite your having taken reasonable steps to renounce your citizenship of a country, the laws of the country do not allow you to renounce that citizenship.)

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Basis on which you contend that you are not disqualified by reason of section 44(i)

 

 

[Particulars of, and documents related to, your contention that you are not disqualified by reason of section 44(i) may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

 

7.      Are you under sentence, or subject to be sentenced, for an offence for which you have been convicted that is punishable under an Australian law by one or more years imprisonment?

 

                                    YES                 NO      

 

If ‘yes’, is there any reason as to why you are not disqualified by reason of section 44(ii)?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Basis on which you contend that you are not disqualified by reason of section 44(ii)

 

 

[Particulars of, and documents related to, your contention that you are not disqualified by reason of section 44(ii) may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

8.      Are you currently an undischarged bankrupt or insolvent?

 

                                    YES                 NO      

 

9.      Do you hold an office of profit under the Crown, other than an office expressly exempt from section 44(iv)? (Offices of profit include, for example, many public service jobs.)

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Details of your office(s) of profit

 

 

[Particulars of, and documents related to, your office(s) of profit may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

10.  Do you have a direct or indirect financial interest in any contract or other agreement with the Commonwealth public service, other than as a member and in common with the other members of an incorporated company consisting of more than twenty‑five persons?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Details of your direct or indirect financial interest(s)

 

 

[Particulars of, and documents related to, your direct or indirect financial interest(s) may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

11.  Are you disqualified for any other reason under the Australian Constitution or the Commonwealth Electoral Act 1918?

 

                                    YES                 NO      

 

The questions above relate to the most common causes of disqualification under the Australian Constitution, and include those most recently considered by the High Court of Australia. This is not comprehensive, and you should, as always, take your own steps to assure yourself that you are not affected by any other legal disqualification.

 

I confirm the information in the checklist provided above, and any additional information provided in support of my statements, to be true and correct, to the best of my knowledge.

 

 

 

 

[Signature of candidate]                              [Date]

 

I agree to the Australian Electoral Commission publishing this checklist in its entirety.

 

 

 

[Signature of candidate]                              [Date]

 

 

Particulars and documents provided as additional information to support your statement are published by the Australian Electoral Commission on its website.

Part 2Qualification checklist for Form CC

  

QUALIFICATION CHECKLIST RELATING TO SECTION 44 OF THE CONSTITUTION

 

 

…………………………………………..

[Candidate’s name]

 

 

You may fill out this checklist to demonstrate your eligibility to be elected to the Parliament if you are one of the persons nominated above. This nomination paper (including this checklist) is made public under section 176 of the Commonwealth Electoral Act 1918.

 

Information relating to the requirements under section 44 of the Australian Constitution is provided as part of the nomination form. In responding to the questions below, you are encouraged to familiarise yourself with the requirements of the Australian Constitution. Further, if you have any doubts about your eligibility to nominate, or about any of the questions below, you may wish to seek independent legal advice.

 

 

1.      Are you an Australian citizen by birth?

 

                                    YES                 NO      

 

If ‘no’, provide the following details

 

Country of Birth

Citizenship at Birth

Date of Birth

Date of Australian naturalisation

 

 

 

 

 

 

2.      Were any of your parents or grandparents born outside Australia?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details, if known:

 

 

Mother

Father

Country of Birth

 

 

Date/Year of Birth

 

 

 

 

Maternal Grandmother

Maternal Grandfather

Country of Birth

 

 

Date/Year of Birth

 

 

 

 

Paternal Grandmother

Paternal Grandfather

Country of Birth

 

 

Date/Year of Birth

 

 

 

 

3.      Was your spouse or any former spouse born outside Australia (if applicable)?

 

                                    YES                 NO                   N/A     

 

If ‘yes’, provide the following details:

 

Relationship

Country of Birth

Date/Year of Birth

Spouse citizenship status at time of marriage

 

 

 

 

 

 

 

 

 

 

4.      Have you taken any steps to assure yourself that you have not acquired citizenship of another country by descent, marriage or other means?

 

                                    YES                 NO      

 

If ‘yes’, provide details:

 

Steps taken to assure yourself you have not acquired citizenship of another country by descent, marriage or other means

 

 

[Particulars of, and documents related to, the steps taken to assure yourself may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

 

5.      Are you now a subject or citizen of any country other than Australia?

 

                                    YES                 NO      

 

6.      Have you ever been a subject or citizen of any country other than Australia?

 

                                    YES                 NO      

 

If ‘yes’, have you renounced or lost that status in accordance with the laws of that country/ies?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Country

Method of renunciation or manner in which foreign citizenship was lost

Date

 

 

 

 

[Particulars of, and documents related to, the date and manner in which your citizenship was renounced or was otherwise lost may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

If you have not renounced or lost that status in accordance with the laws of that country/ies, is there any reason why you are not disqualified by reason of section 44(i)? (For example, despite your having taken reasonable steps to renounce your citizenship of a country, the laws of the country do not allow you to renounce that citizenship.)

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Basis on which you contend that you are not disqualified by reason of section 44(i)

 

 

[Particulars of, and documents related to, your contention that you are not disqualified by reason of section 44(i) may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

 

7.      Are you under sentence, or subject to be sentenced, for an offence for which you have been convicted that is punishable under an Australian law by one or more years imprisonment?

 

If ‘yes’, is there any reason as to why you are not disqualified by reason of section 44(ii)?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Basis on which you contend that you are not disqualified by reason of section 44(ii)

 

 

[Particulars of, and documents related to, your contention that you are not disqualified by reason of section 44(ii) may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

8.      Are you currently an undischarged bankrupt or insolvent?

 

                                    YES                 NO      

 

9.      Do you hold an office of profit under the Crown, other than an office expressly exempt from section 44(iv)? (Offices of profit include, for example, many public service jobs.)

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Details of your office(s) of profit

 

 

[Particulars of, and documents related to, your office(s) of profit may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

10.  Do you have a direct or indirect financial interest in any contract or other agreement with the Commonwealth public service, other than as a member and in common with the other members of an incorporated company consisting of more than twenty‑five persons?

 

                                    YES                 NO      

 

If ‘yes’, provide the following details:

 

Details of your direct or indirect financial interest(s)

 

 

[Particulars of, and documents related to, your direct or indirect financial interest(s) may be provided to the Australian Electoral Commission, for publication, as additional information to support your statement]

 

11.  Are you disqualified for any other reason under the Australian Constitution or the Commonwealth Electoral Act 1918?

 

                                    YES                 NO      

 

The questions above relate to the most common causes of disqualification under the Australian Constitution, and include those most recently considered by the High Court of Australia. This is not comprehensive, and you should, as always, take your own steps to assure yourself that you are not affected by any other legal disqualification.

 

I confirm the information in the checklist provided above, and any additional information provided in support of my statements, to be true and correct, to the best of my knowledge.

 

 

 

[Signature of candidate]                              [Date]

 

 

I agree to the Australian Electoral Commission publishing this checklist in its entirety.

 

 

 

[Signature of candidate]                              [Date]

 

 

Particulars and documents provided as additional information to support your statement are published by the Australian Electoral Commission on its website.