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Electoral Act 2004
231Decision on appeal
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231 Decision on appeal
(1) In deciding the appeal, the Supreme Court may:
(a) confirm or vary the appealable decision; or
(b) set the decision aside and substitute its own decision; or
(c) set the decision aside and remit the matter to the Commission
with the directions it considers appropriate.
(2) For subsection (1), the Court may make the orders and give the
directions it considers appropriate.
(3) If the Court varies the appealable decision or substitutes its own
decision for the appealable decision, the varied or substituted
decision is, for this Act (other than this Part), taken to be the
Commission's decision.
Electoral Act 2004 133
Part 12 Court of disputed returns, disputed elections
and references by Legislative Assembly
Division 1 Court of Disputed Returns
232 Establishment
The Court of Disputed Returns is established.
233 Constitution
The Court of Disputed Returns is constituted by a Supreme Court
Judge.