249Powers of Court

249 Powers of Court

249 Powers of Court

(1) The powers of the Court of Disputed Returns, on the hearing of any reference under this Division, include the following—

(a) the powers conferred on the Court by section 225 so far as they are applicable,

(b) the power to declare that any person was not qualified to be a member of the Assembly or the Council,

(c) the power to declare that any person was not capable of sitting as a member of the Assembly or the Council,

(d) the power to declare that there is a vacancy in the Assembly or the Council.

(2) Despite subsection (1) (a), the Court does not, in relation to a reference of a question regarding the qualification of a member to be or continue as a member of the Council or a vacancy in the Council, have the following powers—

(a) the power to declare any candidate duly elected who was not returned as elected,

(b) the power to declare any election absolutely void.