88Retirement of a candidate—elections at the City of Melbourne

88 Retirement of a candidate—elections at the City of Melbourne

(1) A candidate for the office of Lord Mayor or Deputy Lord Mayor at the City of Melbourne may retire before a declaration of an election is made or, if an election is to be held, before the day of the election, only in accordance with this regulation.

(2) A candidate may retire before the day of an election if the retirement will result in an uncontested election.

(3) If regulation 29(5) applies to a candidate, the retirement of the candidate takes effect on and from the date the election manager sends the candidate advice under regulation 29(4)(b).

(4) To retire in any other circumstance, the candidate would not be qualified to be a Councillor as required under section 34 of the Act.

(5) If subregulation (4) applies to a candidate, the candidate may retire by giving the election manager—

(a) a written statement specifying that the candidate is not qualified to be a Councillor as required under section 34 of the Act and include or attach evidence in support of that statement; and

(b) a notice of retirement signed by the candidate.

(6) Retirement in accordance with subregulation (2) or (5) takes effect on the election manager receiving—

(a) the notice of retirement; and

(b) if subregulation (4) applies, the written statement specified in subregulation (5).

(7) If practicable, the election manager must publish a public notice of a retirement before the day of the election.

(8) The following provisions apply if a candidate for the office of Lord Mayor or Deputy Lord Mayor at the City of Melbourne retires in accordance with subregulation (5) or is taken to have retired under regulation 29(5)—

(a) if the retirement of the candidate is effective after the ballot-papers have been printed, the election manager must take all practicable steps to remove the names of the joint candidates from the ballot-papers;

(b) if the election manager receives a completed ballot-paper on which the names of the joint candidates have not been removed, the names of the joint candidates and any figure next to the names are to be treated as removed and the ballot-paper is to be given effect in the voter's order of preference in respect of the remaining candidates.

(9) The election manager must keep the notice of candidature.

(10) The election manager must retain the nomination fee paid by a candidate who retires under this regulation or who is taken to have retired under regulation 29(5).

For requirements regarding the retirement of candidates in other Council elections (including the retirement of a candidate for the office of Councillor at the City of Melbourne)—see regulation 27.