How application under section 153G to be dealt with

1 On receiving an application made under subsection (1) of section 153G , the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection. 2 For the purpose of making a determination under subsection (1), the Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Electoral Commission considers necessary. 3 If, before the declaration of the result of the poll, the Electoral Commission determines that the candidate became incapacitated in the circumstances set out in section 153G(1) , the Electoral Commission must cancel the candidate’s nomination. 4 If the Electoral Commission has not made a determination under subsection (1) before the declaration of the result of the poll, the application is to be treated as having been declined. 5 As soon as practicable after making a determination under subsection (1), the Electoral Commission must inform the applicant or applicants of that determination. Section 153H : inserted , on 28 February 2002 , by section 61 of the Electoral Amendment Act 2002 (2002 No 1). Section 153H(1) : amended , on 20 December 2025 , by section 104(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 153H(1) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153H(2) : amended , on 20 December 2025 , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 153H(2) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153H(2) : amended , on 1 October 2010 , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153H(3) : amended , on 20 December 2025 , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 153H(3) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153H(4) : amended , on 20 December 2025 , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 153H(4) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26). Section 153H(5) : amended , on 20 December 2025 , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82). Section 153H(5) : amended , on 1 October 2010 , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).