Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Any person
entitled to vote for the election of a member of the Legislative Assembly at a
general election may apply to the Court of Appeal, in accordance with Rules of
Court, for a declaration as to whether or not —
(a) by
operation of section 35 the election of that person or another person as
a member of the Legislature is void; or
(b) by
operation of section 36 or section 38 the seat of that person or
another person as a member of the Legislature has become vacant; or
(c) by
operation of section 37 that person or another person has vacated an
office or place.
(2) Upon any
application made under subsection (1) by a person other than the person
in respect of whom a declaration is sought, the person in respect of whom a
declaration is sought shall be the respondent; and the applicant shall give
such security for the costs of the proceedings not exceeding $500 as the Court
of Appeal may direct.
(3) In hearing and
determining an application under this section the Court of Appeal shall
give effect to any resolution made under section 39(2) in respect of the
person in respect of whom a declaration is sought.
[Section 41 inserted by No. 78 of 1984
s. 12; amended by No. 45 of 2004 s. 37.]
[ 41A. Deleted by No. 78 of 1984 s. 12.]