Document ID: chunk:federal_register_of_legislation:C2004A00347:clause:1_174
Version: federal_register_of_legislation:C2004A00347
Segment Type: clause
Provision Reference: sch 1 cl 174
Character Range: 50954–52220

174  Subsection 354(3)
Repeal the subsection, substitute:

 (3) The High Court may refer part of a petition in respect of an election or return, being a part that consists of a question or questions of fact, to either of the following courts:
 (a) the Federal Court of Australia;
 (b) the Supreme Court of the State or Territory in which the election was held or the return made.

 (4) Subject to any directions by the High Court, if the High Court refers part of a petition to a court (the other court) under subsection (3):
 (a) the other court has jurisdiction to deal with the part of the petition that has been referred; and
 (b) the other court has, in respect of the petition, the powers and functions of the Court of Disputed Returns, other than the powers referred to in paragraphs 360(1)(v), (vi), (vii) and (viii) and in section 379; and
 (c) subject to any directions by the High Court, further proceedings in relation to the part of the petition are as directed by the other court.

 (5) The High Court may have regard to the findings of the other court in dealing with the petition and may in its discretion receive further evidence on questions of fact.

 (6) The jurisdiction conferred by this section may be exercised by a single Justice or Judge.