124Councillors pending determination of disputed return

#### 124 Councillors pending determination of disputed return 124 Councillors pending determination of disputed return > > (1) Section 123 applies even if the election of the candidate (or of any other candidate in the election) is the subject of an application under section 125 disputing the validity of the election of the candidate. > > > (2) A candidate who is publicly declared elected as a councillor by the returning officer holds that office until the determination of any proceedings disputing the validity of the election of the candidate. > > > (3) A candidate referred to in subsection (2) is taken to hold office, and is competent to carry out all the functions and duties of a duly elected councillor, from the date on which the returning officer declares the candidate elected, until— > > > > > (a) the Court hearing an application under section 125 disputing the validity of the election of the candidate determines otherwise, or > > > > > (b) the term of office of the councillor expires or becomes vacant, > > > > whichever is the earlier. > > > (4) The New South Wales Aboriginal Land Council in which a candidate referred to in subsection (2) holds office is not invalidly constituted for that reason. > > **s 124:** Ins 2001 No 118, Sch 1 \[17\]. Subst 2006 No 111, Sch 1 \[47\].