South Australian Consolidated Acts South Australian Consolidated Acts (1) The Court cannot
declare an election void, or that a candidate returned as elected was not duly
elected, on the ground of an illegal practice found by the Court to have been
committed unless the Court is satisfied, on the balance of probabilities, that
the result of the election was affected by the illegal practice.
(2) If an
illegal practice under section 57, 58 or 59 is found by the Court to have
been committed, the illegal practice will be taken to have affected the result
of the election unless the contrary is proved on the balance of probabilities.
(3) No finding by
the Court as to whether an illegal practice was committed constitutes a bar to
criminal proceedings in relation to the illegal practice or may be admitted as
evidence in such proceedings.
(4) If the Court finds
that an illegal practice occurred in relation to an election or poll, the
clerk of the Court must report the finding to the Minister.