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Changes to nomination proceedings, etc., on nomination day

Parliamentary Elections Act 1954

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—(1) Despite any other provision of this Act, the Returning Officer may, on the day of nomination appointed for an election in an electoral division, exercise the powers conferred on him or her in this section if it appears to the Returning Officer on that day that the nomination proceedings for the election are, or are likely to be, obstructed, disrupted, undermined or seriously affected because of a disruptive event which arises before or during the nomination proceedings.(2) If the disruptive event arises before the start of the nomination proceedings on the day of nomination, the Returning Officer may —(a)do either or both of the following:(i)change the hours of the nomination proceedings;(ii)change the location of the place of nomination; or(b)wholly abandon the nomination proceedings.(3) If the disruptive event arises during the nomination proceedings on the day of nomination, the Returning Officer may —(a)change the hours of the nomination proceedings by temporarily suspending the nomination proceedings for such period or, where the nomination proceedings are temporarily suspended under subsection (4), such further period as the Returning Officer determines, with or without changing the location of the place of nomination; or(b)wholly abandon the nomination proceedings.(4) Before making a decision under subsection (3), the Returning Officer may temporarily suspend the nomination proceedings for a period not exceeding 2 hours for the purpose of determining the decision to be made under that subsection.(5) Any decision of the Returning Officer to change the hours of the nomination proceedings under this section is subject to the following:(a)where subsection (2)(a)(i) applies, the nomination proceedings must start and conclude within the same day of nomination;(b)where subsection (3)(a) applies —(i)the nomination proceedings must resume and conclude within the same day of nomination;(ii)the aggregate of the period of time before the suspension, and the period of time upon the resumption, of the nomination proceedings for the delivery of nomination papers to the Returning Officer must not be less than one hour; and(iii)the aggregate of the period of time before the suspension, and the period of time upon the resumption, of the nomination proceedings for the making of objections to a nomination paper must not be less than 90 minutes.(6) Where a decision is made under subsection (2), (3) or (4), the Returning Officer must, as soon as practicable and in the manner specified in subsection (8), publish a notice containing the following information:(a)the temporary suspension (including the period of the suspension), the new start or the resumption (including the time of the new start or the resumption), or the abandonment (as the case may be) of the nomination proceedings; (b)the change (if any) in the location of the place of nomination.(7) Where there is a change in the hours of the nomination proceedings under this section, the Returning Officer must specify in the notice mentioned in subsection (6) —(a)a period of one hour (where subsection (2)(a)(i) applies) or the latest time (where subsection (3)(a) applies) for the delivery of nomination papers to the Returning Officer;(b)a period of 90 minutes (where subsection (2)(a)(i) applies) or the latest time (where subsection (3)(a) applies) for the making of objections to a nomination paper;(c)the latest time for depositing the sum required under section 28(1), correcting errors in nomination papers and withdrawal of candidature;(d)the time at which the nomination of a candidate who is the subject of multiple nominations described in section 32A is deemed to be void; and(e)the latest time by which a candidate may make his or her indication (regarding his or her name) to the Returning Officer under section 105(1).(8) The notice mentioned in subsection (6) must be published —(a)in the Gazette; or(b)if publication in the Gazette is not practicable, in such manner as will secure adequate publicity in the electoral division to which the nomination proceedings relate.(9) Where there is a change in the hours of the nomination proceedings or the location of the place of nomination under this section —(a)that change is valid and sufficient;(b)any time or place provided under this section in lieu of the time or place specified in the notice of the issue of the writ under section 25 for the election is deemed to be the time or place so specified for the nomination proceedings; and(c)sections 27, 27B, 28, 29, 29A, 30, 32, 32A and 33 apply with such modifications as are necessary.(10) The Minister may prescribe the manner in which any suspension, new start, resumption or abandonment of nomination proceedings under this section is to be carried out.(11) In this section, “disruptive event” means any of the following:(a)riot or open violence;(b)the threat of riot or open violence;(c)storm, tempest, flood or an occurrence of a similar kind;(d)a health hazard;(e)a fire or the activation of fire safety equipment (such as sprinklers or alarms);(f)any other thing which endangers the safety of assistants, clerks, candidates or other persons authorised under section 31(1) to be present at the place of nomination, or causes difficulties in the physical conduct of the nomination proceedings.

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