(1) Effect shall be
given to any decision of the Court as follows:
(a) If
any person returned is declared not to have been duly elected, he shall cease
to be a member of the Council or Assembly.
(b) If
any person not returned is declared to have been duly elected he may take his
seat accordingly.
(c) If
any election is declared absolutely void a new election shall be held, and,
notwithstanding any provisions elsewhere in this Act contained, except where
the Court otherwise orders, the same roll as was used for the voided election,
shall be used for such new election.
(2) The proceedings of
the Legislative Council or Legislative Assembly shall not be invalidated by
reason of the presence in that House of any person returned under this Act as
elected to that House but later subject to a declaration of the Court that
—
(a) he
was not duly elected to that House; or
(b) his
election to that House is void or absolutely void.
(3) Where a person
returned under this Act as elected to the Legislative Council or Legislative
Assembly receives an appointment to one or more of the principal executive
offices of the Government referred to in section 43 of the Constitution Acts
Amendment Act 1899 , but later he is subject to a declaration by the Court
that —
(a) he
was not duly elected to that House; or
(b) his
election to that House is void or absolutely void,
any act, matter, or
thing made, done, or executed in the exercise or purported exercise of the
functions of that office or those offices from the time of his appointment
until the time of the declaration shall not be invalidated by reason of the
effect of that declaration apart from this subsection.
[Section 172 amended: No. 63 of 1948 s. 25; No. 39
of 1979 s. 24.]