The Australian Electoral Commission has referred former One Nation Senator Rod Culleton to the federal police for potentially making a false declaration on his candidate nomination form for the upcoming federal election.
Mr Culleton was referred after declaring on his nomination for the WA Senate he was not an undischarged bankrupt or insolvent, which is the basis for disqualification as a member of parliament under the constitution.
While the electoral commission does not have the power to reject a completed candidate nomination, a spokesman said the AEC noted Mr Culleton was listed on the national personal insolvency index as an undischarged bankrupt.
The commission said Mr Culleton will still appear on the ballot paper despite the issue, but has referred the matter to police.
“The AEC cannot reject a nomination even if it contains a false declaration as to the eligibility of that person to stand for election,” a commission spokesman said.
“The outcome of the AFP’s examination of this matter will be a matter for the AFP to advise in due course.”
Mr Culleton was first elected to parliament in 2016 as a senator for One Nation in WA, but later resigned to be an independent.
He was later disqualified from serving in the Senate after he was declared bankrupt by the federal court.
The ballot draw for the 2022 federal election took place on Friday.
The AEC said similar police referrals will be made if candidates have made false declarations on their nomination forms.