39Nomination deposit to be returned or forfeited

39 Nomination deposit to be returned or forfeited (1) If a candidate is elected or polls more than 20% of the total number of first preference votes cast for the candidate returned as elected, the Commission must return the nomination deposit for the candidate to: (a) the person who lodged the deposit; or (b) if that person, by written notice given to the Commission, authorised another person to receive the deposit – the other (2) If subsection (1) does not apply to a candidate for an election, the deposit is forfeited to the Territory. (3) If an election fails, the Commission must return the nomination deposit for a candidate to: (a) the person who lodged the deposit; or (b) if that person, by written notice given to the Commission, authorised another person to receive the deposit – the other