Local Government (General) Regulation 2005
293 Refund of deposit
(1) A deposit in respect of the nomination of a person (the candidate) is to be
(a) the candidate withdraws the proposal for nomination or cannot be
nominated because the candidate is not qualified to hold civic office,
(b) the candidate dies before election day, or
(c) the candidate is elected (whether or not a poll is taken),
(d) the candidate receives at least 4 per cent of the total number of
formal first preference votes, or
(e) the name of the candidate appears in a group on the ballot-papers
and any candidate whose name appears in that group is elected or receives at
least 4 per cent of the total number of formal first preference votes,
(f) a poll is not taken in the ward or area for which the candidate
has been nominated.
(2) The deposit that is to be returned under subclause (1) is to be
(a) to the candidate (or to some person authorised in writing by the
candidate to receive it), unless paragraph (b) applies, or
(b) to the candidate’s personal representatives, if the
candidate died before election day.
(3) A deposit that is not required to be returned is to be forfeited
to the council.