Document ID: chunk:federal_register_of_legislation:C2025C00105:clause:4_12
Version: federal_register_of_legislation:C2025C00105
Segment Type: clause
Provision Reference: sch 4 cl 12
Character Range: 263995–264928

12  Voiding election for illegal practices
 (1) If the Court finds that a candidate at an election has committed or has attempted to commit bribery or undue influence, the candidate's election, if he or she is a successful candidate, shall be declared void.
 (2) No finding by the Court shall bar or prejudice any prosecution for any illegal practice.
 (3) The Court shall not declare that any person returned was not duly elected, or declare any election void:
 (a) on the ground of any illegal practice committed by any person other than the candidate and without his or her knowledge or authority; or
 (b) on the ground of any illegal practice other than bribery or corruption or attempted bribery or corruption;
unless the Court is satisfied that the result of the election was likely to be affected, and that it is just that the candidate should be declared not to be duly elected or that the election should be declared void.