QLDIn ForceAct
Judicial Review Act 1991
sec.42Abolition of quo warranto
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### sec.42 Abolition of quo warranto
Informations in the nature of quo warranto are abolished.
If—
a person acts in an office in which the person is not entitled to act; and
an information in the nature of quo warranto would, but for subsection (1) , lie against the person;
the court may—
grant an injunction restraining the person from acting in the office; and
declare the office to be vacant.
In an enactment in force immediately before the commencement of this Act, a reference to an information in the nature of quo warranto is taken to be a reference to an injunction of the kind that the court is empowered to grant under this section.
(sec.42-ssec.1) Informations in the nature of quo warranto are abolished.
(sec.42-ssec.2) If— a person acts in an office in which the person is not entitled to act; and an information in the nature of quo warranto would, but for subsection (1) , lie against the person; the court may— grant an injunction restraining the person from acting in the office; and declare the office to be vacant.
(sec.42-ssec.3) In an enactment in force immediately before the commencement of this Act, a reference to an information in the nature of quo warranto is taken to be a reference to an injunction of the kind that the court is empowered to grant under this section.
- (a) a person acts in an office in which the person is not entitled to act; and
- (b) an information in the nature of quo warranto would, but for subsection (1) , lie against the person;
- (c) grant an injunction restraining the person from acting in the office; and
- (d) declare the office to be vacant.