LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2021
36Lodgement of indication of preferences
Start here
Get a plain-English read of 36
Turn the raw legal text into a practical explanation grounded in LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2021.
36 Lodgement of indication of preferences (1) A candidate may lodge an indication of preferences. (2) The indication of preferences must: (a) be substantially in the form of a ballot paper; and (b) include the name of each duly nominated candidate for the election, in the order determined under regulation 10(1); and (c) include the following in the candidate squares: (i) in the candidate square for the candidate of the particular candidate's first preference, the number "1"; (ii) in each other candidate square, a whole number, consecutively increasing in the order of the particular candidate's preferences.
Local Government (Electoral) Regulations 2021 23 (3) The following documents must be lodged before 12 noon on the second day after the determination day: (a) the indication of preferences; (b) if the indication of preferences is lodged by a person authorised in writing to do so by the candidate – the authorisation. (4) The lodgement of the documents under subregulation (3) 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 (5) The returning officer must reject an indication of preferences if the returning officer is of the opinion that the indication of preferences does not meet the requirements of these Regulations. (6) A rejection under subregulation (5) 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 indication of preferences requires amendment; (iii) that the candidate may lodge an amended indication of preferences before 12 noon on the 4th day after the determination day. (7) If an indication of preferences is rejected under subregulation (5): (a) a candidate who wishes to lodge an amended indication of preferences 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
Local Government (Electoral) Regulations 2021 24 (b) subject to paragraph (c), these Regulations apply (with the necessary changes) to the amended indication of preferences as if it were an indication of preferences lodged under this regulation; and (c) if the amended indication of preferences is also rejected under subregulation (5) – the candidate is not entitled to lodge a further amended indication of preferences.