Convicted drug trafficker and gangland widow Roberta Williams could appear on ballot papers at the next federal election despite being bankrupt and ineligible to run.
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Ms Williams, 48, announced on Monday that she was entering politics as a candidate for the Australian People's Party to run against Opposition Leader Bill Shorten in his seat of Maribyrnong in Melbourne's west.
Her status as an undischarged bankrupt is likely to make her ineligible for the next federal election, which is expected in late 2018 or early 2019.
Despite this, the Australian Electoral Commission is powerless to stop her nomination.
The onus is not on the electoral commission to screen or disqualify candidates, regardless of their criminal history or financial status. That responsibility rests with the High Court.
According to section 44 of the Australian constitution, anyone who has been declared bankrupt, sentenced to more than 12 months in prison or is a citizen of another country is disqualified from sitting as a senator or member of the House of Representatives.
This is the same section of the constitution that has controversially claimed the scalps of several dual-citizen MPs.
Ms Williams was declared bankrupt by the Federal Court in November 2016, owing almost $300,000 in unpaid taxes to the Australian Taxation Office.
And she spent six months in prison after admitting her role in a drug-trafficking ring run by ex-husband Carl Williams in 2004.
Spokesman Evan Ekin-Smyth said it was not the commission's responsibility to interpret the constitution and it would be up to a rival candidate or member of the public to challenge Ms Williams' nomination.
"Any disqualification of a candidate due to the operation of section 44 of the constitution can only be determined by the High Court after an election," he said.
Mr Ekin-Smyth said there was no way to comprehensively screen candidates in a "timely and accurate way".
The electoral commission begins printing ballot papers only days after nominations close.
"The difficulty of such a task would also be exacerbated by the requirements of the election timetable specified in the Electoral Act, which provide for candidate nominations to be made less than a week prior to the start of early voting," Mr Ekin-Smyth said.
Bill Shorten was not fazed by the prospect of having Ms Williams as his political opponent.
"Anyone is allowed to run. I think what Australians want to hear me do is not worry about an individual candidate in my electorate, they want to know what our plan is to help save the jobs in manufacturing," he said.
There is a slim possibility Ms Williams' bankruptcy, which was backdated to May 2016, could expire before the federal election is called. Bankruptcy normally ends three years and one day after it is imposed.
She could also apply to have her bankruptcy discharged, although that could require her to pay her debts in full.
However, should she be ineligible, the Australian People's Party has an alternative arrangement.
Ms Williams' 22-year-old daughter, Danielle Stephens Williams, is on standby to take her mother's place.
Australian People's Party public relations director Bruno Strangio said Ms Williams would not sign the electoral commission nomination form until Governor-General Peter Cosgrove called the next election.
"We will make an application to set aside bankruptcy. When it comes to election time and you have not set bankruptcy aside, she can be replaced with someone," Mr Strangio said.
"We've got her two daughters on standby if something dramatic ever happened."
On the Australian People's Party website, Ms Williams' profile states that the mother of five wants to focus on better facilities for troubled youth and helping the homeless find housing.
"Roberta believes that Australia is one of the richest countries in the world and no Australian needs to feel left behind," the website reads.
