Victorian Consolidated Legislation

Local Government Act 1989 - SECT 46

Powers of a municipal electoral tribunal

46. Powers of a municipal electoral tribunal



(1) A municipal electoral tribunal has the following powers-

   (a)  to declare that any person declared elected was not duly elected;

   (b)  to declare any candidate duly elected who was not declared elected;

   (c)  to declare an election void;

   (d)  to dismiss or uphold an application in whole or in part;

   (e)  to amend or permit the amendment of an application;

   (f)  to order the inspection of, and permit copying of, documents used in
        connection with an election, subject to such terms and conditions as
        it considers appropriate;

   (g)  to undertake a preliminary review of an application;

   (h)  to require any further information relating to an application.

(1A) A municipal electoral tribunal may impose a financial penalty not
exceeding the amount prescribed for the purposes of this section.

(2) A municipal electoral tribunal cannot order a recount of the whole or any
part of the ballot-papers unless it is satisfied that a recount is justified
and has advised the returning officer of its intention.

(3) If a municipal electoral tribunal has declared that a person declared
elected was not duly elected and has not declared another candidate duly
elected instead, an extraordinary vacancy is caused by the declaration of the
municipal electoral tribunal on the day which applies under section 38(2A).

(4) If a municipal electoral tribunal has declared an election for a ward to
be void, an extraordinary vacancy in each office of Councillor for the ward is
caused by the declaration of the municipal electoral tribunal on the day which
applies under section 38(2A).