Victorian Current Acts Victorian Current Acts(1) VCAT has the following powers in conducting a review under section 311—
(a) to declare that any person declared elected was not duly elected;
(b) to declare any candidate duly elected who was not declared elected;
(c) to declare an election void;
(d) to dismiss or uphold an application in whole or in part;
(e) to amend or permit the amendment of an application;
(f) to order the inspection of, and permit copying of, documents used in connection with an election, subject to such terms and conditions as it considers appropriate;
(g) to undertake a preliminary review of an application;
(h) to require any further information relating to an application;
(i) to make any declaration in relation to its powers under this section as VCAT considers appropriate in the circumstances.
(2) VCAT may impose a financial penalty not exceeding the amount prescribed for the purposes of this section.
(3) VCAT cannot order a recount of the whole or any part of the ballot-papers unless VCAT—
(a) is satisfied that a recount is justified; and
(b) has advised the VEC of its intention.
(4) If VCAT has declared an election for a ward to be void, an extraordinary vacancy in each office of Councillor for the ward is caused by the declaration of VCAT on the day which the declaration is made.
Part 9—General provisions