COMMONWEALTH ELECTORAL ACT 1918 - SECT 362 Voiding election for illegal practices etc.
COMMONWEALTH ELECTORAL ACT 1918 - SECT 362
Voiding election for illegal practices etc.(1) If the Court of Disputed Returns finds that a successful candidate has committed or has attempted to commit bribery or undue influence, the election of the candidate shall be declared void.
(2) No finding by the Court of Disputed Returns shall bar or prejudice any prosecution for any illegal practice.
(3) The Court of Disputed Returns shall not declare that any person returned as elected 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 the knowledge or authority of the candidate; 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.
(4) The Court of Disputed Returns must not declare that any
person returned as elected was not duly elected, or declare any election void,
on the ground that someone has contravened the Broadcasting Services Act 1992
or the Radiocommunications Act 1992 .