146Powers of Court of Disputed Returns

146 Powers of Court of Disputed Returns (1) The powers of the Court of Disputed Returns on the hearing of a reference include— (a) any of the powers conferred by section 125 so far as they are applicable; (b) the power to declare that a person was not qualified to be a member of Parliament; (c) the power to declare that a person was not capable of being elected, or of sitting, as a member of Parliament; (d) the power to declare that there is a vacancy in Parliament. (2) Subsection (3) applies if the Court of Disputed Returns is satisfied that an 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 either House of the Parliament or the seat of a member of either House of the Parliament to become vacant. (3) Despite subsection (1), the Court of Disputed Returns may declare an act, matter or thing referred to in subsection (2) never to have occurred or arisen if the Court is satisfied that the act, matter or thing— (a) has ceased to have effect; and (b) was in all the circumstances of a trifling nature; and (c) occurred or arose without the actual knowledge or consent of a person referred to in subsection (2) or was accidental or due to inadvertence. (4) The declaration of an act, matter or thing never to have occurred or arisen does not affect the determination of a petition to the Court of Disputed Returns under section 133 relating to the validity of an election.