(1)  A person may nominate to contest a recount to fill a vacancy if the person –

(a) was a candidate at the election to fill all the seats for that division last held before the vacancy occurred; and

(b) was not elected at that election; and

(c) is still qualified under the Constitution Act 1934 to be elected as a Member of the Assembly.

(2)  For the purposes of subsection (1)(c) , a person is still qualified under the Constitution Act 1934 to be elected as a Member of the Assembly, notwithstanding that the person –

(a) was not living in Tasmania at the time the vacancy occurred; or

(b) did not live in Tasmania for a period between the date of the election referred to in subsection (1) and the date the vacancy occurred.