New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 253

253 Application of Divisions 1 and 2 to elections to fill casual vacancies in Legislative Council

(1) Divisions 1 and 2 (other than sections 232, 235- 238, 240 and 241) apply to and in respect of an election to which this Division applies in the same way as they apply to and in respect of an election to which those Divisions apply.

(2) However, the application of Divisions 1 and 2 is subject to the following modifications--

(a) the Court of Disputed Returns does not, in relation to any such election, have the following powers--

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

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

(b) section 229 is taken to read as follows--

229 Effect of decisions If a person is declared not to be elected, the person ceases to be a member of the Council.

(c) section 234 (1) (b) is taken to read as follows--

(b) be signed by an enrolled person of or above the age of 18 years, and

(d) section 239 is taken to read as follows--

239 Immaterial errors do not void election An election is not to be voided on account of any failure to comply with any provision of any Act relating to the conduct of the election if the failure did not affect the result of the election.