62Return of deposit

62 Return of deposit

62 Return of deposit

(1) After the election, the deposit accompanying a nomination is to be returned to the candidate, or to a person authorised by the candidate in writing to receive it, if—

(a) the nomination of the person as a candidate has been rejected, or

(b) the candidate is elected, or

(c) the total number of votes polled in the candidate’s favour as first preferences is more than 4 per cent of the total number of first preference votes polled in the election.

(2) In the case of the death of the candidate before the date of the election, the deposit is to be returned to the candidate’s legal personal representative.

(3) The deposit is to be returned to the candidate, or to a person authorised by the candidate in writing to receive it, if the candidate withdraws the nomination before the close of nominations.

(4) Unless otherwise provided by this clause, the deposit is forfeited to the New South Wales Aboriginal Land Council if—

(a) the candidate is not elected, and

(b) the total number of votes polled in the candidate’s favour as first preferences is not more than 4 per cent of the total number of first preference votes polled in the election.