Procedural provisions relating to making of application under section 152A(1)

1 An application under section 152A(1) must be made as follows: a if the candidate was nominated under section 143 ,— i the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent: ii the application must be made to the Electoral Commission : b if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K ,— i the application must be made by the secretary of the party: ii the application must be made to the Electoral Commission . 2 The application must be made on a form provided by the Electoral Commission , and must be witnessed by a Justice of the Peace or a solicitor. 3 The application must be accompanied by a certificate signed by a medical practitioner that certifies— a as to the candidate’s condition; and b that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A . 4 The application— a must be submitted to the Electoral Commission not later than 4 pm on nomination day; and b may be submitted by hand, post, or electronically . Section 152B : inserted , on 28 February 2002 , by section 61 of the Electoral Amendment Act 2002 (2002 No 1). Section 152B(1)(a)(ii) : amended , on 20 December 2025 , by section 97(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 152B(1)(b)(ii) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 152B(2) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 152B(3) : amended , on 18 September 2004 , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Section 152B(4)(a) : amended , on 20 December 2025 , by section 97(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 152B(4)(a) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 152B(4)(b) : amended , on 25 March 2014 , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).