New South Wales Consolidated Acts
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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 124
Councillors pending determination of disputed return
124 Councillors pending determination of disputed return
(1) Section 123 applies even if the election of the candidate (or of any other
candidate in the election) is the subject of an application under section 125
disputing the validity of the election of the candidate.
(2) A candidate who
is publicly declared elected as a councillor by the returning officer holds
that office until the determination of any proceedings disputing the validity
of the election of the candidate.
(3) A candidate referred to in subsection
(2) is taken to hold office, and is competent to carry out all the functions
and duties of a duly elected councillor, from the date on which the returning
officer declares the candidate elected, until-- (a) the Court hearing an
application under section 125 disputing the validity of the election of the
candidate determines otherwise, or
(b) the term of office of the councillor
expires or becomes vacant,
whichever is the earlier.
(4) The
New South Wales Aboriginal Land Council in which a candidate referred to in
subsection (2) holds office is not invalidly constituted for that reason.
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