ELECTORAL ACT 1992 - SECT 266 Illegal practices

ELECTORAL ACT 1992 - SECT 266

    (1)     Without limiting the grounds on which the Court of Disputed Elections may make a declaration under section 265 (a) or (b), the court may make such a declaration on the ground of any illegal practice in connection with the election.

    (2)     The Court of Disputed Elections shall not make a declaration under section 265 (a) or (b)—

        (a)     on the ground of any illegal practice (other than bribery or undue influence); or

        (b)     on the ground of bribery or undue influence by a person who was not a candidate for the election without the knowledge or consent of a candidate in the election;

unless satisfied that—

        (c)     the result of the election was, or was likely to have been, affected by the illegal practice; and

        (d)     it is just to make the declaration.

    (3)     If the Court of Disputed Elections finds any illegal practice in connection with an election (whether the court makes a declaration under section 265 (a) or (b) on that ground or not), the registrar shall report the finding to—

        (a)     the Speaker; and

        (b)     the Minister; and

        (c)     the commissioner; and

        (d)     the director of public prosecutions.

    (4)     Any finding by the Court of Disputed Elections in relation to any illegal practice in connection with an election is not to be taken to be a bar to, or to prejudice in any way, any prosecution in relation to the act alleged before the court to have constituted the illegal practice.

    (5)     In this section:

illegal practice means a contravention of this Act, and includes undue influence.

Note     Contravention and undue influence are defined in s 250.