For both the Senate and the House of Representatives, a person nominated must be:
You cannot nominate for the Senate or the House of Representatives if you are disqualified by section 44 of the Constitution and have not remedied that disqualification before nomination. Examples of this include:
If you have any doubts as to your qualifications under the Constitution, we recommend that you seek your own legal advice. The Australian Electoral Commission does not provide specific legal advice to prospective candidates.
Candidates may not lodge nominations until after the writ for the election has been issued. The date fixed for the close of nominations must be at least 10 days, but not more than 27 days after the issue of the writ.
Nominations must be made before 12 noon on the day nominations close. Nominations will be declared 24 hours after close of nominations.
Nominations for the Senate are made to the Australian Electoral Officer (AEO) for the State or Territory.
Nominations for the House of Representatives are made to the Divisional Returning Officer for the division where the election is to be held. This also applies to by-elections.
For a general election the registered officer of a political party may make a 'bulk nomination' of all endorsed House of Representatives candidates within a particular State or Territory. This allows all of a party's candidates to be nominated in one action. Nominations in this form must be made to the AEO for the appropriate State and must be received 48 hours before the hour of nomination (see subsection 175(1) of the Commonwealth Electoral Act 1918). Bulk nominations cannot be made for a by-election and all nominations must be lodged at the office of the Returning Officer.
Nomination forms are available from the AEC and must contain the following information:
The nomination form includes an optional component – the qualification checklist. The checklist may be completed by nominating candidates to demonstrate their eligibility to be elected to Parliament under Section 44 of the Constitution.
With the nominating candidate’s permission, the checklist is published on the AEC website at the declaration of nominations, and remains on the website until 40 days have expired after the return of writs for the relevant general election or by-election.
Any additional documentation provided to the AEC by a nominating candidate in support of their eligibility to stand in Parliament will be published on the AEC website as soon as practicable after declaration of nominations, irrespective of whether or not the nominating candidate has granted permission for their checklist to be published.
For each candidate the AEC will publish:
Before the additional documentation is provided to the AEC, candidates can delete any information from additional documentation that they do not want published on the AEC website, and should be careful to consider the personal information of others that may be included in their additional documentation.
The AEC has no legal power to reject a nomination based on the information provided in the checklist or any additional information provided.
Each nomination for the Senate and the House of Representatives must be accompanied by a deposit paid by legal tender (cash) or a cheque drawn by a bank or other financial institution on itself. Cheques should be made out to the Australian Electoral Commission. Personal cheques cannot be accepted.
These deposits are returned if a candidate is elected, or gains more than 4% of the total first preference votes, or if the candidate is in a group of Senate candidates which polls at least 4% of the total first preference votes.
The election for that seat or electoral division does not proceed. A new writ is issued for a supplementary election to be held. The supplementary election is conducted using the electoral roll prepared for the original election.