Victorian Consolidated Legislation

Constitution Act 1975 - SECT 45

Avoidance of election of unqualified person

45. Avoidance of election of unqualified person



(1) If a person who is not qualified to be elected a member of the Council or
the Assembly (as the case may be) is elected and returned as such a member the
election and return shall be declared by the Court of Disputed Returns to be
void.

(2) If a person so elected and returned contrary to the provisions of this
Part sits or votes in the Council or the Assembly he shall be guilty of an
offence against this Act.

Penalty: $500.