AEC Statement: Mr Malcolm Heffernan’s candidature

Updated: 29 April 2022

On Friday 22 April 2022 candidates for the federal election were formally declared at public events held across Australia, in accordance with the Commonwealth Electoral Act 1918 (Electoral Act).

Mr Malcom Heffernan was among those candidates declared – both for the Division of Banks (NSW) and the Division of Brand (WA). Mr Heffernan’s nomination for two electoral divisions is in contravention of section 165 of the Electoral Act.

Each nomination form had a signed declaration that the candidate did not intend to be a candidate in any other election held the same day. The two nominations were for two separate political parties – Pauline Hanson’s One Nation (Banks) and the Australian Federation Party (Brand).

Each nomination form had differences in the listed information - including a different date of birth, and a different expression of the candidate's name.

Given these declarations are false the AEC has now referred the matter to the Australian Federal Police for investigation as to whether a crime has been committed under section 136 and/or 137 of the Criminal Code. We have notified Mr Heffernan and both registered political parties regarding this referral.

Contravention of section 165 of the Electoral Act renders Mr Heffernan incapable of being elected. However, candidate nominations for the Divisions of Banks and Brand must remain as they were formally declared on 22 April 2022. Ballot papers have been printed and some postal voters have already received their postal voting packs.