New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 225

225 Powers of Court

(1) The Court of Disputed Returns has the following powers in relation to a petition--

(a) the power to adjourn,

(b) the power to compel the attendance of witnesses and the production of documents,

(c) the power to grant to any party to a petition leave to inspect, in the presence of a member of staff of the Electoral Commission, the authorised rolls and other documents (except ballot papers) used at or in connection with any election and to take, in the presence of the staff member, copies or extracts of those rolls and documents,

(d) the power to order the staff of the Electoral Commission to print any technology assisted voting image files of ballot papers of votes cast in an election to enable a further count to be made,

(e) the power to examine witnesses on oath,

(f) the power to declare that any person who was returned as elected was not duly elected,

(g) the power to declare any candidate duly elected who was not returned as elected,

(h) the power to declare any election absolutely void,

(i) the power to dismiss or uphold the petition in whole or in part,

(j) the power to award costs,

(k) the power to punish any contempt of its authority by fine or imprisonment,

(l) such other powers as are conferred or imposed on the Court.

(2) The Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.

(3) Without limiting the powers conferred by this section, the following powers of the Court may be exercised on the ground that illegal practices were committed in connection with the election--

(a) to declare that any person who was returned as elected was not duly elected,

(b) to declare an election absolutely void.