312Powers of VCAT

312 Powers of VCAT (1) VCAT has the following powers in conducting a review under section 311— (a) to declare that any person declared elected was not duly elected; (b) to declare any candidate duly elected who was not declared elected; (c) to declare an election void; (d) to dismiss or uphold an application in whole or in part; (e) to amend or permit the amendment of an application; (f) to order the inspection of, and permit copying of, documents used in connection with an election, subject to such terms and conditions as it considers appropriate; (g) to undertake a preliminary review of an application; (h) to require any further information relating to an application; (i) to make any declaration in relation to its powers under this section as VCAT considers appropriate in the circumstances. (2) VCAT may impose a financial penalty not exceeding the amount prescribed for the purposes of this section. (3) VCAT cannot order a recount of the whole or any part of the ballot-papers unless VCAT— (a) is satisfied that a recount is justified; and (b) has advised the VEC of its intention. (4) If VCAT has declared an election for a ward to be void, an extraordinary vacancy in each office of Councillor for the ward is caused by the declaration of VCAT on the day which the declaration is made.