Saturday 2nd of March 2024

Diggers Oath's idea appears to be illegal (Troy Rollo)

Nominating without having any genuine intention to serve appears to be an offence.

As part of the nomination process, the person nominated must make a declaration that inter alia they consent to act if elected (Commonweath Electoral Act 1918 (Cth) s170). A false or misleading statement within the nomination form is likely to amount to improper influence of an AEC official, which is an offence punishable by imprisonment for 12 months (Commonweath Electoral Act 1918 (Cth) s78). This appears to be the view of the AEC, who state that the penalty for any false information on the nomination form is 12 months imprisonment on page 10 of their Candidates' Handbook.

NHJ! (JR): Thanks, Troy. Digger's Oath might want to correspond with the AEC directly to confirm this via a specific query, but the relevant Candidates' Handbook section seems fairly clear:

Each candidate must sign a declaration that they:

- are an Australian citizen
- are at least 18 years of age
- are an elector or qualified to be an elector
- are qualified under the Constitution and laws of the Commonwealth
- are not and do not intend to be a candidate in any other election on the same day
- consent to act if elected.


Troy R adds:

False declarations are prosecuted under the Criminal Code Act 1995 (Cth), s137.1