Western Australian Current Acts

ELECTORAL ACT 1907 - SECT 174

174 .         Election of MLC on re-count, application of this Part to

                Sections 157, 158, 160, 161, 162(1) and (2), 163(1) and 167 to 173 apply to and in relation to the election of a member of the Council under sections 156C and 156D as if that election was an election within the meaning of this Act, but for the purposes of that application —

            (a)         section 158(5) shall be deemed to be amended by deleting “return of the writ” and substituting the following —

                “ declaration of the election ”; and

            (b)         section 162(1)(ca) and (f) and section 172(1)(c) shall be deemed to be deleted; and

            (c)         section 163(1) shall be deemed to be repealed and the following subsection substituted —

“

        (1)         The Court may inquire whether or not the requisites of section 158 have been observed, whether or not a nomination was validly made under section 156C(3), and whether or not the re-count of votes conducted under section 156D was correctly conducted, but shall not inquire into any other matter.

”.

        [Section 174 inserted: No. 40 of 1987 s. 80.]

        [Heading inserted: No. 36 of 2000 s. 58; amended: No. 55 of 2006 s. 5.]

        [Heading inserted: No. 75 of 1992 s. 4.]