sec.28Grounds for deciding a person is not properly nominated

### sec.28 Grounds for deciding a person is not properly nominated The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name— is a party name; or so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or includes the word ‘independent’; or is a public body name; or so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or is obscene or offensive. The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion. If a person’s name is ‘Informal’, the returning officer may consider that the name could cause confusion to electors. If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating— the decision; and the reasons for the decision; and the person’s right to apply for an injunction. For a person’s right to apply for an injunction, see section 200 . In this section— nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55 (2) . parliamentary party means an organisation— whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and of which at least 1 member is a member of an Australian parliament. party name means the name, or an abbreviation or acronym of the name of— a parliamentary party; or a political party; or an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— an Australian parliament; or an office of councillor of a local government. public body name means the name, or an abbreviation or acronym of the name, of a prominent public body. s 28 amd 2014 No. 44 s 31 (sec.28-ssec.1) The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name— is a party name; or so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or includes the word ‘independent’; or is a public body name; or so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or is obscene or offensive. (sec.28-ssec.2) The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion. If a person’s name is ‘Informal’, the returning officer may consider that the name could cause confusion to electors. (sec.28-ssec.3) If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating— the decision; and the reasons for the decision; and the person’s right to apply for an injunction. For a person’s right to apply for an injunction, see section 200 . (sec.28-ssec.4) In this section— nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55 (2) . parliamentary party means an organisation— whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and of which at least 1 member is a member of an Australian parliament. party name means the name, or an abbreviation or acronym of the name of— a parliamentary party; or a political party; or an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— an Australian parliament; or an office of councillor of a local government. public body name means the name, or an abbreviation or acronym of the name, of a prominent public body. - (a) is a party name; or - (b) so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or - (c) includes the word ‘independent’; or - (d) is a public body name; or - (e) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or - (f) is obscene or offensive. - (a) the decision; and - (b) the reasons for the decision; and - (c) the person’s right to apply for an injunction. Note— For a person’s right to apply for an injunction, see section 200 . - (a) whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and - (b) of which at least 1 member is a member of an Australian parliament. - (a) a parliamentary party; or - (b) a political party; or - (c) an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— (i) an Australian parliament; or (ii) an office of councillor of a local government. - (i) an Australian parliament; or - (ii) an office of councillor of a local government. - (i) an Australian parliament; or - (ii) an office of councillor of a local government.