Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.
(2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.
(3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.
(4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:
(a) an order declaring the election, or any step in relation to the election, to be void;
(b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;
(c) an order directing the General Manager to make arrangements:
(i) in the case of an uncompleted election--for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or
(ii) in the case of a completed election--for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;
(d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.
(5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.
(6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.