Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 172

172 .         Court’s decision, effect of

        (1)         Effect shall be given to any decision of the Court as follows:

            (a)         If any person returned is declared not to have been duly elected, he shall cease to be a member of the Council or Assembly.

            (b)         If any person not returned is declared to have been duly elected he may take his seat accordingly.

            (c)         If any election is declared absolutely void a new election shall be held, and, notwithstanding any provisions elsewhere in this Act contained, except where the Court otherwise orders, the same roll as was used for the voided election, shall be used for such new election.

        (2)         The proceedings of the Legislative Council or Legislative Assembly shall not be invalidated by reason of the presence in that House of any person returned under this Act as elected to that House but later subject to a declaration of the Court that —

            (a)         he was not duly elected to that House; or

            (b)         his election to that House is void or absolutely void.

        (3)         Where a person returned under this Act as elected to the Legislative Council or Legislative Assembly receives an appointment to one or more of the principal executive offices of the Government referred to in section 43 of the Constitution Acts Amendment Act 1899 , but later he is subject to a declaration by the Court that —

            (a)         he was not duly elected to that House; or

            (b)         his election to that House is void or absolutely void,

                any act, matter, or thing made, done, or executed in the exercise or purported exercise of the functions of that office or those offices from the time of his appointment until the time of the declaration shall not be invalidated by reason of the effect of that declaration apart from this subsection.

        [Section 172 amended by No. 63 of 1948 s. 25; No. 39 of 1979 s. 24.]



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