Queensland Consolidated Acts

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JUDICIAL REVIEW ACT 1991 - SECT 42

42 Abolition of quo warranto

(1) Informations in the nature of quo warranto are abolished.

(2) If--

(a) a person acts in an office in which the person is not entitled to act; and
(b) an information in the nature of quo warranto would, but for subsection (1), lie against the person;

the court may--

(c) grant an injunction restraining the person from acting in the office; and
(d) declare the office to be vacant.

(3) In an enactment in force immediately before the commencement of this Act, a reference to an information in the nature of quo warranto is taken to be a reference to an injunction of the kind that the court is empowered to grant under this section.



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