Constitutional Convention (Election) Act 1997
157Powers of Court
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157 Powers of Court
(1) The *Court must sit as an open Court and its powers include the following:
(a) to adjourn;
(b) to compel the attendance of witnesses and the production of documents;
(c) to grant to any party to a petition leave to inspect, in the presence of a prescribed officer, the *Rolls and *list of electors and other documents (except ballot‑papers) used at or in connection with any election and to take, in the presence of the prescribed officer, extracts from the Rolls, list and documents;
(d) to examine witnesses on oath;
(e) to declare that any person who was returned as elected was not duly elected;
(f) to declare any candidate duly elected who was not returned as elected;
(g) to declare the position of a candidate vacant;
(h) to declare an election absolutely void;
(i) to make any order, or give any direction, that the Court thinks is necessary or convenient for the purpose of giving effect to any declaration or other decision of the Court in the proceedings;
(j) to dismiss or uphold the petition in whole or in part;
(k) to award costs;
(l) to punish any contempt of its authority by fine or imprisonment.
(2) The *Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.
(3) Without limiting the powers conferred by this section, the power of the *Court to declare that any person who was returned as elected was not duly elected, or to declare an election absolutely void, may be exercised on the ground that illegal practices were committed in connection with the election.
(4) The power of the *Court under paragraph (1)(k) to award costs includes the power to order costs to be paid by the Commonwealth where the Court considers it appropriate to do so.