NSWIn ForceAct
Electoral Act 2017
249Powers of Court
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#### 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—
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> > > (a) the powers conferred on the Court by section 225 so far as they are applicable,
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> > > (b) the power to declare that any person was not qualified to be a member of the Assembly or the Council,
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> > > (c) the power to declare that any person was not capable of sitting as a member of the Assembly or the Council,
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> > > (d) the power to declare that there is a vacancy in the Assembly or the Council.
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> > (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—
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> > > (a) the power to declare any candidate duly elected who was not returned as elected,
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> > > (b) the power to declare any election absolutely void.