Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 77

Decisions under Part final etc.

  (1)   Notwithstanding anything contained in any other law, but subject to the Constitution and to section   39B and Part   VII of the Judiciary Act 1903 , a decision by the Electoral Commissioner, the Electoral Commission, a Redistribution Committee for a State, an augmented Electoral Commission for a State or the Redistribution Commissioners for a State made, or purporting to be made, under this Part (whether in the exercise of a discretion or not):

  (a)   is final and conclusive;

  (b)   shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and

  (c)   is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.

  (2)   Without limiting the generality of subsection   (1), the provisions of this Part (other than sections   56, 57 and 65, subsections   71(6) and (8), 73(1) and (3) to (7) (inclusive) and 76(1) to (6) (inclusive), (8) to (12) (inclusive) and (15) and (16), section   78 and this section) are directory only and any failure to comply with them, whether in whole or in part, shall not invalidate a decision of a kind referred to in subsection   (1).

  (3)   A reference in subsection   (1) to a decision made under this Part   includes a reference to a refusal or failure to make a decision under this Part.



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