37Election not invalidated because of certain errors

37 Election not invalidated because of certain errors

37 Election not invalidated because of certain errors

(1) An election is not invalid because of any one or more of the following:

(a) any one or more of the events described in clause 17 (5) occurs,

(b) an eligible voter did not see a notice of ballot,

(b1) in the case of a postal ballot—an eligible voter did not receive a ballot paper,

(b2) in the case of an electronic ballot—an eligible voter could not access the election website,

(c) an eligible voter’s vote has not been accepted at the election.

(2) Notwithstanding subclause (1) and without limiting any of the returning officer’s other powers, the returning officer may at any time declare an election invalid because, in his or her opinion, one or more of the events described in that subclause has materially affected, or is likely to materially affect, the outcome of that election.

cl 37: Am 2009 (389), Sch 1 [19].