Document ID: chunk:federal_register_of_legislation:C2025C00105:clause:4_10
Version: federal_register_of_legislation:C2025C00105
Segment Type: clause
Provision Reference: sch 4 cl 10
Character Range: 261379–263599

10  Powers of Court
 (1) The powers of the Court in trying an election petition, include, but are not limited to, the following powers:
 (a) to adjourn the proceedings;
 (b) to compel the attendance of witnesses and the production of documents;
 (c) to grant to any party to the petition leave to inspect, in the presence of a person who was an authorised electoral officer for the purposes of Division 4 or 7 of Part 3 in relation to the election concerned, the documents (except ballot papers) used at or in connection with the election and to take, in the presence of the prescribed officer, extracts from those documents;
 (ca) to grant to any party to the petition leave to inspect, in the presence of a person who was an authorised electoral officer for the purposes of Division 5 of Part 3A in relation to the election concerned, the documents (except ballot papers) used at or in connection with the election and to take, in the presence of the prescribed officer, extracts from those documents;
 (d) to examine witnesses on oath;
 (e) to declare that any person who was returned was not duly elected;
 (f) to declare any candidate duly elected who was not returned;
 (g) to declare the election absolutely void;
 (h) to dismiss or uphold the petition in whole or in part;
 (j) to make any order, or give any direction, that the Court thinks is necessary or convenient for the purpose of giving effect to any declaration or other decision of the Court in the proceedings;
 (k) to award costs;
 (m) to punish any contempt of its authority by fine or imprisonment.
 (2) The Court may exercise all or any or its powers under this clause on such grounds as the Court in its discretion thinks just and sufficient.
 (3) Without limiting the powers conferred by this clause, it is hereby declared that the power of the Court to declare that any person who was returned was not duly elected, or to declare an election absolutely void, may be exercised on the ground that illegal practices were committed in connection with the election.
 (4) The power of the Court under paragraph (1)(k) to award costs includes the power to order costs to be paid by the Commonwealth where the Court considers it appropriate to do so.