—(1) A candidate, or some person on his behalf, shall deposit or cause to be deposited with the Returning Officer or with some person authorised by the Returning Officer in that behalf, between the date of the issue of the writ referred to in section 24 and 12 noon of the day of nomination, a sum equal to 8% of the total allowances payable to a Member of Parliament in the preceding calendar year, rounded to the nearest $500.
(1A) In default of the sum being so deposited under subsection (1), the candidate shall be deemed to have withdrawn his candidature under section 32.
(1B) The Returning Officer shall immediately give a receipt for that sum and pay that sum into the Consolidated Fund, and that sum shall be dealt with in accordance with the provisions of this Act.
(2) Any sum required to be deposited under subsection (1) shall be paid in legal tender or by a bank draft or a certified cheque.
(3) If a candidate is not nominated as a candidate for election, if an election in an electoral division has wholly failed or if, after the deposit is made, the candidate withdraws his candidature under section 32, the deposit shall be returned to the person by whom the deposit was made.
(3A) If the candidate dies after the deposit is made and before the poll is commenced, the deposit, if made by him, shall be returned to his legal personal representative or, if not made by him, shall be returned to the person by whom the deposit was made.
(4) Subject to subsection (4A), the sum deposited by any candidate under subsection (1) shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath or made affirmation as a Member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared.
(4A) If a candidate who has made the required deposit is not elected and —
the number of votes polled by him does not exceed one-eighth of the total number of votes polled in the electoral division for which he contested; or
where he is a candidate for a group representation constituency, the number of votes polled in that constituency by the group to which he belongs does not exceed one-eighth of the total number of votes polled in that constituency,
the sum deposited shall be forfeited and paid into the Consolidated Fund.
(5) [Deleted by Act 31 of 2001]
(5A) [Deleted by Act 31 of 2001]
(6) For the purposes of this section —
the number of votes polled shall be deemed to be the number of votes counted other than rejected votes; and
“certified cheque” means a cheque which is certified by the drawee bank as good for payment of the sum stated in the cheque.