Western Australian Consolidated Acts Sections 157,
158, 160, 161, 162(1) and (2), 163(1) and 167 to 173 apply to and in relation
to the election of a member of the Council under sections 156C and 156D
as if that election was an election within the meaning of this Act, but for
the purposes of that application —
(a)
section 158(5) shall be deemed to be amended by deleting “return of
the writ” and substituting the following —
“ declaration of the election ”;
(b)
section 162(1)(ca) and (f) and section 172(1)(c) shall be deemed to
be deleted; and
(c)
section 163(1) shall be deemed to be repealed and the following
subsection substituted —
“
(1) The Court may
inquire whether or not the requisites of section 158 have been observed,
whether or not a nomination was validly made under section 156C(3), and
whether or not the re-count of votes conducted under section 156D was
correctly conducted, but shall not inquire into any other matter.
”.
[Section 174 inserted by No. 40 of 1987
s. 80.]
[Heading inserted by No. 36 of 2000
s. 58; amended by No. 55 of 2006 s. 5.]
[Heading inserted by No. 75 of 1992
s. 4.]