109Death of candidate

109 Death of candidate (1) If a candidate for a division dies before the end of the polling day, the result of the election for the division must be determined as provided in clause 18 of the Schedule. (2) If a candidate for a division dies after the polling day and before the result of the election for the division is declared under section 111 (the deceased candidate), the result must be determined under the Schedule as if the candidate had not died. (3) If the deceased candidate would have been elected on that determination (the original determination), the result of the election for the division must be further determined as follows: (a) if there is only one unelected candidate remaining on the original determination (including an excluded candidate as defined in the Schedule), that candidate is to be determined as elected; (b) otherwise – the votes are to be recounted under the Schedule as provided in clause 18 of the Schedule as if the deceased candidate were a candidate who died as mentioned in that clause. (4) The recount must: (a) not take into account the result of the original determination; and (b) cease immediately after a candidate, other than a candidate who was determined to be elected as a delegate on the original determination (a previously elected candidate), is determined to be the earliest elected.

Constitutional Convention (Election) Act 2011 58 (5) The candidate who is determined as elected under subsection (3)(a), or determined to be the earliest elected as mentioned in subsection (4)(b), is to be elected as the reserve delegate for the division. (6) Irrespective of the result of the original determination and the recount, each of the previously elected candidates is to be determined to be elected as an ordinary delegate for the division. (7) If more than one candidate has died as mentioned in subsection (2): (a) subsections (2) to (6) operate separately for each death in the order of the deaths; and (b) if 2 or more deaths occur at the same time – an older person is taken to have died earlier than a younger person. (8) The regulations may prescribe a matter arising from this section.