Tasmanian Numbered Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATIONS 2015 (S.R. 2015, NO. 37) - REG 14

Orders of Court
(1)  At the conclusion of the hearing of an application in respect of an election dispute, the Supreme Court may make any one or more of the following orders:
(a) an order dismissing the application, in whole or in part;
(b) an order declaring that a person who was declared elected at the election was not duly elected;
(c) an order declaring that a person who was not declared elected at the election is duly elected;
(d) subject to regulation 15(1) , an order declaring that an election in respect of a municipal area or electoral district is void on the closing day fixed or determined under section 268A of the Act.
(2)  If the Supreme Court makes an order under subregulation (1)(b) that a person was not duly elected, it is to declare, in the same order, that the office of councillor for which the person was not so elected is vacant.
(3)  If the Supreme Court makes an order under subregulation (1)(d) declaring that an election in respect of any municipal area or electoral district is void, that election is taken to have wholly failed.
(4)  A certified copy of the order referred to in subregulation (3) is to be given to the Electoral Commissioner.
(5)  The Electoral Commissioner is to advise the Minister and the relevant council of the order referred to in subregulation (3) .



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