Document ID: chunk:federal_register_of_legislation:F2023L01736:reg:38
Version: federal_register_of_legislation:F2023L01736
Segment Type: reg
Provision Reference: reg 38
Character Range: 34694–36619

38  Inquiry by dispute committee
 (1) If the Minister refers a notice disputing the validity of an election to a dispute committee under section 37, the committee must inquire into the validity of the election.
 (2) The committee must, if reasonably practicable, conclude its inquiry not later than 30 days after the Minister refers the notice to the committee.
 (3) In carrying out its inquiry the committee is not bound by the rules of evidence and may inform itself in any manner the committee considers appropriate.
 (4) The committee must give the following persons an opportunity to make submissions or give evidence to the committee:
 (a) the candidate disputing the validity of the election;
 (b) the candidate declared to be elected at the election;
 (c) the returning officer for the election;
 (d) any other person that the committee considers should be given an opportunity to make submissions or give evidence.
 (5) Without limiting how the committee may carry out an inquiry, the committee may do any of the following:
 (a) inquire into the identity of voters at the election;
 (b) inquire into whether a decision by the returning officer to count, or not count, a ballot paper was a proper decision;
 (c) grant leave to a person mentioned in subsection (4) to:
 (i) inspect the roll of voters, any applications for replacement election material, and any other document used at or in relation to the election; and
 (ii) make copies of any material mentioned in subparagraph (i) of this paragraph.
 (6) On completion of an inquiry, the committee must either:
 (a) confirm the election of the candidate declared by the returning officer to have been elected; or
 (b) declare that the candidate declared by the returning officer to be elected is not elected, and declare a different candidate as having been elected.
 (7) The decision of the majority of members of the committee is the decision of the committee.