What remedies are available in the first instance?
Australia
- Annulment of results / Cancellation of elections
- Fine; imprisonment
Electoral Act1918 (2007), Part 22 Court of Disputed Returns, p. 397
360 Powers ofCourt
(1) The Courtof Disputed Returns shall sit as an open Court and its
powers shallinclude the following:
(i) To adjourn;
(ii) To compelthe attendance of witnesses and the production of
documents;
(iii) To grantto any party to a petition leave to inspect in the
presence of aprescribed officer the rolls and other documents
(exceptballot-papers) used at or in connexion with any
election and totake, in the presence of the prescribed officer,
extracts fromthose rolls and documents;
(iv) To examinewitnesses on oath;
(v) To declarethat any person who was returned as elected was
not dulyelected;
(vi) To declareany candidate duly elected who was not returned
as elected;
(vii) Todeclare any election absolutely void;
(viii) Todismiss or uphold the petition in whole or in part;
(ix) To awardcosts;
(x) To punishany contempt of its authority by fine or
imprisonment.
362 Voidingelection for illegal practices etc.
(1) If theCourt of Disputed Returns finds that a successful candidate has committed orhas attempted to commit bribery or undue influence, the election of thecandidate shall be declared void.
(2) No findingby the Court of Disputed Returns shall bar or prejudice any prosecution for anyillegal practice.
(3) The Courtof Disputed Returns shall not declare that any person
returned aselected was not duly elected, or declare any election
void:
(a) on theground of any illegal practice committed by any
person otherthan the candidate and without the knowledge or
authority ofthe candidate; or
(b) on theground of any illegal practice other than bribery or
corruption orattempted bribery or corruption; unless the Court is satisfied that the resultof the election was likely
to be affected,and that it is just that the candidate should be
declared not tobe duly elected or that the election should be
declared void.
(4) The Courtof Disputed Returns must not declare that any person
returned aselected was not duly elected, or declare any election
void, on theground that someone has contravened the
BroadcastingServices Act 1992 or the Radiocommunications Act
1992.
