New South Wales Consolidated Acts

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PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 175

Effect of decisions

175 Effect of decisions

Effect shall be given to any decision of the court as follows:

(i) If any person returned is declared not to have been duly elected, he or she shall cease to be a member of the Legislative Assembly or Legislative Council, as the case may be,
(ii) If any person not returned is declared to have been duly elected, he or she may take his or her seat accordingly,
(iii) If any election is declared absolutely void a new election shall be held.
Whenever a new election is to be held pursuant to paragraph (iii) to return a member of the Legislative Assembly the Speaker shall issue the writ for such election or if there is no Speaker or if the Speaker is absent from New South Wales or by reason of illness or other cause is unable to do so the Governor may issue the writ.
Whenever a new periodic Council election is to be held pursuant to paragraph (iii) the Governor may issue the writ for that election.



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