New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 221

221 Election not to be questioned for omission etc of a formal nature

(1) An election for a district is not void because of any delay in the return of the writ.

(2) An election for a district or a periodic Council election is not void because of a vacancy in the office of Electoral Commissioner at the time of the issue of the writ or any delay in the return of the writ.

(3) Where any accidental or unavoidable impediment, misfeasance or omission has happened, the Governor--

(a) may take all such measures as may be necessary for removing the impediment or rectifying the misfeasance or omission, or

(b) may by proclamation declare any or all of the proceedings at or for any election valid as to and notwithstanding the impediment, misfeasance, or omission.

Every such proclamation must state specifically the nature of the impediment, misfeasance or omission concerned and must be published in the Gazette.