61APower to Houses to relieve from consequences of alleged defaults

61A Power to Houses to relieve from consequences of alleged defaults (1) Notwithstanding anything in this Act where it is made to appear to the relevant House that any act matter or thing whether occurring before or after the commencement of this Act has or may have caused a person to be disqualified from election to that House or the seat of a member of that House to become vacant the relevant House may, if it is satisfied that the act matter or thing— (a) has ceased to have effect; (b) was in all the circumstances of a trifling nature; and (c) occurred or arose without the actual knowledge or consent of the person or was accidental or due to inadvertence— by resolution direct that any such act matter or thing for the purposes of all or any of the provisions of this Act be deemed never to have occurred or arisen but any such resolution shall save as aforesaid not affect the determination of any petition with respect to the validity of any election or return that has been addressed to the Court of Disputed Returns. (2) In any case where apart from this provision the Governor, the President of the Legislative Council or the Speaker of the Legislative Assembly would be required to issue during the recess of the relevant House a writ for election of a member of that House in the place of a member disqualified under any of the provisions of this Act the Governor, the President or the Speaker may if it appears to him that an opportunity should be given to the relevant House to consider the making of an order under subsection (1) defer the issue of the writ pending the determination of the relevant House. (3) In this section the ***relevant House*** means— (a) in relation to any question concerning the qualification for election of a person to the Legislative Council or a vacancy in the Legislative Council—the Legislative Council; and (b) in relation to any question concerning the qualification for election of a person to the Legislative Assembly or a vacancy in the Legislative Assembly—the Legislative Assembly. Pt 2 Div. 9 (Heading) amended by No. 2/2003 s. 16.