Document ID: chunk:federal_register_of_legislation:F2023L00868:reg:38
Version: federal_register_of_legislation:F2023L00868
Segment Type: reg
Provision Reference: reg 38
Character Range: 23070–24535

38      Declaration that election void

(1)    If, before the poll is declared in the election, the returning officer is satisfied that the election is, or will be, void because of an irregularity in the course or conduct of the election, the returning officer may, in writing, declare that the election is void from:

(a)    the commencement of the election; or

(b)    a specified point in the proceedings of the election that is after the notification of the fact that the election was necessary but before the irregularity happened.

(2)    If the returning officer declares that the election is void from the commencement of the election, the returning officer must, as soon as practicable after making the declaration, conduct a fresh election in accordance with this instrument.

(3)    If the returning officer declares that the election is void from a point in the proceedings of the election, the returning officer must, in writing, determine what proceedings in the election are necessary to ensure that the election will be conducted regularly and must conduct those proceedings in accordance with this instrument.

(4)    However, in the conduct of any proceedings in the election under subsection (3), the returning officer may, despite anything in section 17 (Intervals to be allowed by returning officer), determine, in writing, the intervals to be allowed between any events during the further proceedings.

Division 2.6—Other election provisions