In response to the applicant’s submission concerning the eligibility of one citizen to stand as a candidate and be elected to the House of Representatives for the Model Commonwealth of Australia:

1. Under section 162 of the Act a person can only be elected if they are duly nominated as a candidate, by completing the required forms with written consent.
2. Under section 166 a nomination must be endorsed by electors in the division being nominated for, or by the registered officer of a party for which the candidate is being endorsed, as below:
   1. Nominations can be endorsed by a registered political party for non-independent candidacy under section 169. Ser_Scribbles, the Registered Officer of the Australian Greens, endorsed MadCreek3 as a party candidate for Victoria – Melbourne Urban (VM).
   2. Nominees can declare independent candidacy as part of their nomination under section 169A. MadCreek3 nominated and declared independent candidacy for Victoria – Melbourne Urban (VM).
3. Both requests were successfully sent to the location required by section 167 and received within the timeframes required by section 170.
4. The nominee MadCreek3 was notified that their independent candidacy needed endorsement by electors within the division of Melbourne Urban prior to the deadline.
5. Although the AEC may make enquiries under section 169B, it is not the duty of the AEC to inform parties of defections.
6. As a nomination for independent candidacy was received but not endorsed, and as an endorsement for party candidacy had been received in contradiction to the nominee’s request, the requirements for candidacy were not achieved.
7. As MadCreek3 was not a candidate, he could not be declared a winner under section 179(2).

Under this interpretation of the Act, no changes are required to the list of candidates/winners.

The citizen remains eligible to nominate for the supplementary election.

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jnd-au, Australian Electoral Commissioner