35Lodgement of candidate statement

35 Lodgement of candidate statement (1) A candidate may lodge a candidate statement. (2) The candidate statement may only include the following: (a) a statement of no more than 150 words; (b) a photograph of the candidate that complies with regulation 7(4)(b). (3) The candidate statement must not include: (a) a reference to another candidate in the election, unless that other candidate has consented in writing to the reference; or (b) a claim of endorsement or support from a party, an organisation or a person, unless the party, organisation or person has consented in writing to the claim being included. (4) The following documents must be lodged before 12 noon on the second day after the determination day: (a) the candidate's candidate statement; (b) a signed declaration declaring the matters mentioned in subregulation (5);

Local Government (Electoral) Regulations 2021 21 (c) if the documents are lodged by a person authorised in writing to do so by the candidate – the authorisation. (5) The declaration to be lodged must state that the candidate declares (a) that the candidate statement is true and correct; (b) that the candidate statement does not contain a defamatory statement; (c) that the candidate statement does not contain material that may mislead or deceive a person in the casting of a vote; (d) that the candidate understands that the candidate is liable to be prosecuted if the candidate statement contains: (i) a defamatory statement; or (ii) material that may mislead or deceive a person in the casting of a vote. (6) The lodgement of the documents under subregulation (4) must be done: (a) by the candidate personally or by a person authorised in writing to do so by the candidate; and (i) by hand delivery of the documents to an authorised officer at an office of the returning officer or another place approved by the returning officer; or (ii) by the electronic means approved by the returning (7) The returning officer must reject a candidate statement if the returning officer is of the opinion that at least one of the following applies: (a) the candidate statement does not meet the requirements of subregulation (2) or (3); (b) the candidate statement contains offensive or obscene material. (8) The returning officer may reject a candidate statement if the returning officer is of the opinion that the candidate statement does not comply with any other requirement of these Regulations.

Local Government (Electoral) Regulations 2021 22 (9) A rejection under subregulation (7) or (8) must: (a) be made in writing before 12 noon on the 3rd day after the determination day; and (b) state the following: (i) the reason for the rejection; (ii) which part of the candidate statement requires amendment; (iii) that the candidate may lodge an amended candidate statement before 12 noon on the 4th day after the determination day. (10) If a candidate statement is rejected under subregulation (7) or (8): (a) a candidate who wishes to lodge an amended candidate statement may do so if it is lodged before 12 noon on the 4th day after the determination day by the candidate, or a person authorised in writing by the candidate; and (b) subject to paragraph (c), these Regulations apply (with the necessary changes) to the amended candidate statement as if it were a candidate statement lodged under this regulation; and (c) if the amended candidate statement is also rejected under subregulation (7) or (8) – the candidate is not entitled to lodge a further amended candidate statement.