sec.40Disposal of deposits generally

### sec.40 Disposal of deposits generally As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if— the candidate is elected; or if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election. If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person. All other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30 , 33 or 36 applies. s 40 amd 2014 No. 44 s 35 (sec.40-ssec.1) As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if— the candidate is elected; or if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (sec.40-ssec.2) If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person. (sec.40-ssec.3) All other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30 , 33 or 36 applies. - (a) the candidate is elected; or - (b) if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or - (c) if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election.