246Decision on application

246 Decision on application (1) In making its decision on the application, the Court of Disputed Returns may dismiss or uphold the application in whole or part. (2) For subsection (1), the Court may make a declaration as follows: (a) declare a candidate who was returned as elected was not properly elected; (b) declare a candidate properly elected who was not returned as elected; (c) declare the election void. Electoral Act 2004 137 (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 at which the candidate was elected, committed or attempted to commit an offence against Part IV, Division 3 of the Criminal Code. (4) In addition, without limiting subsection (2)(a) or (c), the Court may make a declaration under the provision on the ground that illegal practices were committed in relation to the election. (5) However, the Court must not make a declaration under subsection (2)(a) or (c) on one of the following grounds unless it is satisfied of the matters mentioned in subsection (7): (a) an action that occurred without the knowledge of the candidate declared elected at the election; (b) the commission of an offence against this Act by the candidate declared elected at the election unless the Court is required to make the declaration under subsection (3). (6) In addition, the Court must not make a declaration under subsection (2)(c): (a) merely because of a delay in the declaration of nominations, voting or the return of the writ; or (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 qualified to be enrolled or to continue to be enrolled as an elector for the division. (7) For subsection (5), the matters are: (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. (8) Subsection (3) does not prevent a prosecution for an offence mentioned in the subsection or another law in force in the Territory.