New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 249

249 Powers of Court

(1) The powers of the Court of Disputed Returns, on the hearing of any reference under this Division, include the following--

(a) the powers conferred on the Court by section 225 so far as they are applicable,

(b) the power to declare that any person was not qualified to be a member of the Assembly or the Council,

(c) the power to declare that any person was not capable of sitting as a member of the Assembly or the Council,

(d) the power to declare that there is a vacancy in the Assembly or the Council.

(2) Despite subsection (1) (a), the Court does not, in relation to a reference of a question regarding the qualification of a member to be or continue as a member of the Council or a vacancy in the Council, have the following powers--

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

(b) the power to declare any election absolutely void.