SCHEDULE 1Amendments to the 1962 Act

Part 2Amendments to Part 9 (Questioning of elections) and Part 10 (Electoral misdemeanours)

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1

Paragraph 5AM1 (false statements in nomination paper, etc.), which becomes sub-paragraph (1), is amended as follows.

2

Omit the word “or” before paragraph (b) and after that paragraph insert

or

c

a certificate authorising for the purposes of rule 5A of the Local Elections Rules the use by a candidate of a description if the person knows that the candidate is standing at another election in the same local government electoral area in which the poll is to be held on the same day as the election to which the certificate relates.

3

After paragraph 5A(1) insert—

2

A person (“P”) is guilty of a corrupt practice if, in any document giving consent to his or her nomination as a candidate at a local election, P makes—

a

a statement of P's date of birth;

b

a statement as to P's qualification for being elected at that election; or

c

a statement that P is not a candidate at an election in the same local government electoral area the poll for which is to be held on the same day as the election to which the consent relates;

which P knows to be false in any particular.

3

For the purposes of sub-paragraph (2), a statement as to P's qualification is a statement—

a

that P is qualified for being elected,

b

that P will be qualified for being elected, or

c

that to the best of P's knowledge and belief P is not disqualified for being elected.