New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 229

229 Effect of decisions

(1) If the Court of Disputed Returns declares that a person declared elected was not elected, the person ceases to be a member of the Assembly or Council, as the case requires, from the date determined by the Court.

(2) If the Court declares that a person not declared elected was elected, the person may take his or her seat in the Assembly or Council, as the case requires, from the date determined by the Court.

(3) If the Court declares that an election is void, a new election must be held.

(4) If a new election is to be held under subsection (3) to return a member of the Assembly, the Speaker must issue the writ for the election or, if there is no Speaker by reason of illness or due to some other cause the Speaker is unable to issue the writ, the Governor may issue the writ.

Note : Section 31A of the Constitution Act 1902 provides that, when the Speaker is unavailable, the Deputy Speaker of the Legislative Assembly is to act in his or her place and has and may exercise and perform all the powers, authorities, duties and functions of the Speaker, including those functions conferred under this section.

(5) If a new periodic Council election is to be held under subsection (3), the Governor may issue the writ for that election.