Important information

Your attention is drawn in particular to section 44 of the Constitution of the Commonwealth of Australia.

The Qualification Checklist relating to your eligibility under section 44 of the Australian Constitution forms part of the nomination. We recommend that you read through it early in the nomination process as you may need some time to gather the necessary information and/or documents to complete it.

Nomination of a Senator

Each candidate must complete the EF059 Nomination of a Senator, including the qualification checklist, plus one or more forms in the table below, depending on the type of nomination.

1. For each candidate, complete the EF059 (includes the qualification checklist)

• EF059 Nomination of a Senator [PDF 313kb]

2. Complete the relevant accompanying nomination form/s below

Form	Use
Form 59a Multiple party group nomination by registered officer	This form should be used where two or more candidates for the Senate are nominated as a group endorsed by multiple registered parties and are nominated by the parties' registered officers.
Form 59b Group nomination by registered officer	This form should be used where two or more candidates are nominated as a group by the registered officer of one registered political party.
Form 59c Unendorsed group nomination	This form should be used where two or more unendorsed candidates for the Senate are nominated as a group.
Form 59d Single nomination by registered officer	This form should be used where an individual candidate is nominated as a single candidate by the registered officer of a registered political party.
Form 59e Single nomination of unendorsed candidate or incumbent independent	This form should be used where an unendorsed candidate for the Senate is nominated by 100 eligible electors or where an incumbent independent candidate for the Senate is nominated by one eligible elector.
Note: Unendorsed candidates who wish to form a group must complete Form 59 and Form 59e for each candidate nominated as well as Form 59c for the group nomination.

Nomination of a Member of the House of Representatives

Each candidate must complete the EF060 Nomination of a Member of the House of Representatives, including the qualification checklist, plus one of the forms in the table below, depending on the type of nomination.

1. For each candidate, complete the EF060 (includes the qualification checklist)

• EF060 Nomination of a Member of the House of Representatives [PDF 298kb]

2. Complete the relevant accompanying form below

Form	Use
Form 60a Bulk nomination – endorsed candidate	This form should be used where a registered political party nominates all its House of Representatives candidates in a particular State or Territory at the one time.
Form 60b Single nomination – endorsed candidate	This form should be used where an individual candidate for the House of Representatives is endorsed by a registered political party and nominated by the registered officer of the political party.
Form 60c Single nomination of unendorsed candidate or incumbent independent	This form should be used where an unendorsed candidate for the House of Representatives is nominated by 100 eligible electors or where an incumbent independent candidate for the House of Representatives is nominated by one eligible elector.

---

Section 44 of the Constitution

Any person who:

1. is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
2. is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or
3. is an undischarged bankrupt or insolvent; or
4. holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or
5. has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons;

shall be incapable of being chosen or of sitting as a Senator or a member of the House of Representatives.

But subsection (iv) does not apply to the office of any of the Queen’s Ministers of State for the Commonwealth, or of any of the Queen’s Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen’s navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.

Candidates who have any doubts about their eligibility, by virtue of section 44 of the Constitution, are advised to obtain their own legal advice.

For further information refer to the Candidates Handbook and the Nomination Guide.

Guidance on completing the qualification checklist

1. The qualification checklist forms part of the candidate nomination form. It is set in accordance with sections 170, 170A and 170B and Form DB in Schedule 1 of the Act.
2. The qualification checklist aims to demonstrate a candidate’s eligibility under section 44 of the Constitution to be elected to Parliament, and under subsection 170A(1) of the Act:
   1. to ensure that electors are informed about the eligibility of candidates in elections under the Constitution and the Act; and
   2. to provide a way for candidates to actively consider their circumstances and whether they are eligible to be elected.
   Candidates should read all accompanying instructions carefully before completing the qualification checklist.
3. Questions in the qualification checklist that have check boxes (i.e. requiring a yes, no or N/A answer) are mandatory. Failure to provide an answer or providing more than one answer to any of the mandatory questions is grounds for rejection of the nomination.
4. If a candidate answers ‘yes’ to question 10 (which relates to a candidate’s foreign citizenship or otherwise), it is mandatory to provide at least one document that the candidate believes supports their contention, as proof of their subsequent response to question 10a. Failure to do so is grounds for rejection of the nomination.
5. All supporting documents must be submitted to the Australian Electoral Commission (AEC) in hard copy (i.e. no digital media) together with the qualification checklist and nomination form(s). The candidate must be satisfied that all information and additional documents provided support their contention.
6. Candidates should provide copies of additional documents (not originals) as the AEC is unable to return them. There is no requirement for copies of additional documents to be certified.
7. Prior to submitting additional documents to the AEC, it is the candidate’s responsibility to redact, omit or delete any information that they do not want published, for example, their residential address if they are a silent elector or personal information of other individuals whose details may be included in the document.
8. Candidates must not include silent electors’ addresses in the checklist and any additional documents unless it is the candidate’s address or there is consent from the elector. The AEC will redact silent electors’ addresses included in error or if the address has been deleted from the electoral roll since the document was provided. However, the AEC is not under any duty to determine whether silent electors’ addresses have been included.
9. The AEC may omit, redact or delete from submitted documents any information the AEC deems unreasonable, unacceptable, inappropriate or offensive (subsection 170B[6] of the Act).
10. The qualification checklist together with any additional document provided by each valid candidate will be published on the AEC website (www.aec.gov.au), as soon as practicable after the declaration of nominations. They will remain published until 40 days after the return of the writs (section 181A of the Act).
11. The AEC may decide not to publish, or remove published documents if the AEC deems the publication of the documents unreasonable, unacceptable, inappropriate or offensive (subsection 181A[3]).
12. Where a nomination is rejected under section 172 of the Act, the AEC will not publish the qualification checklist or any additional document submitted.
13. For those candidates declared elected, the AEC will arrange for the qualification checklist, and any additional documents of the successful candidates to be delivered to the relevant House of Parliament for tabling.