Document ID: chunk:federal_register_of_legislation:F2023L01736:reg:41
Version: federal_register_of_legislation:F2023L01736
Segment Type: reg
Provision Reference: reg 41
Character Range: 37680–38990

41  Irregularities in conduct of election
 (1) If the returning officer for an election reasonably believes there has been an irregularity in the conduct of the election, the returning officer may, before a candidate is declared to be elected, declare the election to be void.
 (2) If the dispute committee for an election reasonably believes there has been an irregularity in the conduct of the election, the committee may, regardless of whether or not an inquiry by the committee is proposed or is being carried out, or has been carried out, declare the election to be void.
 (3) However, the returning officer or dispute committee must not declare an election to be void if the only reason for the declaration is:
 (a) an irregularity that did not affect the result of the election; or
 (b) an error or defect in an instrument, notice, statement or other document made or given under this instrument; or
 (c) an illegal action, other than bribery or corruption or attempted bribery or corruption, unless it is likely that the result of the election was affected by the action and it would be just to declare the election void.
 (4) If an election is declared void, the Managing Director must make arrangements for another election to be conducted.

Part 8—Application, saving and transitional provisions