Western Australian Current Acts Western Australian Current Acts (1) The powers of the
Court of Disputed Returns shall include the following:
(a) To
adjourn.
(b) To
compel the attendance of witnesses and the production of documents.
(c) To
examine witnesses on oath.
(ca) To
grant to any party to the petition, leave to inspect in the presence of a
prescribed officer, the rolls and other documents (except ballot papers) used
at or in connection with any elections and to take, in the presence of the
prescribed officer, extracts from those rolls and documents.
(cb) To
permit, at any stage of the proceedings and on such terms as may be just, all
such amendments to the petition or other pleadings, as shall appear to the
Court to be necessary or convenient.
(d) To
declare that any person who was returned as elected was not duly elected.
(e) To
declare any candidate duly elected who was not returned as elected.
(f) To
declare any election absolutely void.
(g) To
dismiss or uphold any petition, in whole or in part.
(h) To
award costs.
(i)
To punish any contempt of its authority by fine or
imprisonment.
(2) The Court may
exercise all or any of its powers under this section on such grounds as the
Court in its discretion thinks fit and sufficient.
(3) Without limiting
the powers conferred by this section, it is hereby declared that the power of
the Court to declare that any person who was returned as elected was not duly
elected, or to declare an election absolutely void, may be exercised on the
ground that illegal practices were committed in connection with the election.
[Section 162 amended: No. 63 of 1948 s. 24.]