South Australian Current Acts South Australian Current Acts107—Orders that the Court is empowered to make
(1) The Court may make
any of the following orders:
(a) an
order that a person found by the Court not to have been duly elected cease to
be a member of the Legislative Council or the House of Assembly (as the case
may require);
(b) an
order that a person found by the Court to have been duly elected (but not
returned as elected) take his or her seat as a member of the Legislative
Council or the House of Assembly (as the case may require);
(c) an
order declaring an election void and requiring a new election to be held.
(2) The Court may
award costs against an unsuccessful party to the petition.
(3) An election will
not be declared void on the ground of—
(a) a
defect in a roll or certified list of electors; or
(b) an
irregularity in, or affecting, the conduct of the election,
unless the Court is satisfied on the balance of probabilities that the result
of the election was affected by the defect or irregularity.
(4) An election may be
declared void on the ground of the defamation of a candidate but only if the
Court of Disputed Returns is satisfied, on the balance of probabilities, that
the result of the election was affected by the defamation.
(5) An election may be
declared void on the ground of misleading advertising but only if the Court of
Disputed Returns is satisfied, on the balance of probabilities, that the
result of the election was affected by that advertising.
(6) An election may be
declared void on the ground of a breach of section 109, 110 or 111 in
accordance with the following provisions:
(a) if
the Court of Disputed Returns finds, either on the basis of a conviction or on
the balance of probabilities, that the successful candidate, or a person
acting on behalf of the successful candidate with the successful candidate's
knowledge, has committed such a breach, then the Court may declare the
election to be void whether or not it is satisfied that the result of the
election was affected by the breach;
(b) if
the Court of Disputed Returns finds, on the balance of probabilities, that the
breach was committed without the successful candidate's knowledge, then the
Court may declare the election to be void only if satisfied, on the balance of
probabilities, that the result of the election was affected by the breach.
(7) An election may be
declared void on the ground of a breach of section 130ZA if the Court of
Disputed Returns finds, on the balance of probabilities, that the result of
the election was affected by the breach.