South Australian Consolidated Acts

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CONSTITUTION ACT 1934 - SECT 86

86—Order of the Commission

        (1)         The Commission shall cause an order making an electoral redistribution to be published in the Gazette.

        (2)         Within one month of the publication of an order, any elector may, in the manner prescribed by Rules of Court, appeal to the Full Court of the Supreme Court against that order, on the ground that the order has not been duly made in accordance with this Act.

        (3)         The Commission shall be the respondent to any appeal under this section.

        (4)         Where an appeal has been instituted under this section, the order shall not take effect until the appeal has been disposed of.

        (5)         Where more than one appeal is instituted against the same order, every such appeal may be dealt with in the same proceedings.

        (6)         In any appeal under this section, any person having an interest in the proceedings may, upon application to the Court, be joined as a party to the proceedings.

        (7)         On the hearing of an appeal under this section the Full Court may—

            (a)         quash the order and direct the Commission to make a fresh electoral redistribution; or

            (b)         vary the order; or

            (c)         dismiss the appeal,

and may make any ancillary order as to costs or any other matter that it thinks expedient.

        (8)         The validity of an order of the Commission shall not be called in question except in an appeal under this section.

        (9)         An appeal against an order of the Commission shall be set down for hearing by the Full Court as soon as practicable after the expiration of one month from the date of the order, and the appeal shall be heard and determined by the Full Court as a matter of urgency.



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