126Decision on application

126 Decision on application (1) In making its decision on the application, the Court of Disputed Returns may: (a) dismiss the application; or (b) uphold the application in whole or part.

Constitutional Convention (Election) Act 2011 64 (2) For subsection (1), the Court may: (a) declare that a candidate who was returned as elected was not properly elected; or (b) declare that a candidate who was not returned as elected to be properly elected; or (c) declare that a candidate: (i) who was elected as an ordinary delegate to be returned as a reserve delegate; or (ii) who was elected as a reserve delegate to be returned as an ordinary delegate; or (d) declare the election void in relation to the division. (3) The Court must make a declaration under subsection (2)(a) if it finds the candidate returned as elected has, in relation to the election, committed or attempted to commit an offence against Part IV, Division 3 of the Criminal Code. (4) Without limiting subsection (2)(a) or (d), the Court may make a declaration under subsection (2)(a) or (d) on the ground that an unlawful act was committed in relation to the election. (5) However, the Court may make a declaration under subsection (2)(a) or (d) because of an action occurring without an elected candidate's knowledge, or because of an offence against this Act committed by an elected candidate, only if it is satisfied: (a) the result of the election was likely to have been affected by the action or commission of the offence; and (b) it is just that the Court make the declaration. (6) To avoid doubt, subsection (5) does not require the Court to be satisfied about the matters mentioned in subsection (5)(a) and (b) for a declaration that the Court is required to make under subsection (3). (7) In addition, the Court must not make a declaration under subsection (2)(d): (a) merely because of a delay in the declaration of nominations, the polling or the determination of the result of the election; or

Constitutional Convention (Election) Act 2011 65 (b) on the ground that a person whose name appears on the roll for a division and who voted as an elector for the division was not entitled to be enrolled for the division. (8) Subsection (3) does not prevent a prosecution for: (a) an offence mentioned in that subsection; or (b) an offence against another law in force in the Territory.