Commonwealth Electoral Act 1918

The Court of Disputed Returns shall sit as an open Court and its powers shall include the following:

To adjourn;

To compel the attendance of witnesses and the production of documents;

To grant to any party to a petition leave to inspect in the presence of a prescribed officer the rolls and other documents (except ballot papers) used at or in connexion with any election and to take, in the presence of the prescribed officer, extracts from those rolls and documents;

To examine witnesses on oath;

To declare that any person who was returned as elected was not duly elected;

To declare any candidate duly elected who was not returned as elected;

To declare any election absolutely void;

To dismiss or uphold the petition in whole or in part;

To award costs;

To punish any contempt of its authority by fine or imprisonment.

The Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.

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 connexion with the election.

The power of the Court of Disputed Returns under paragraph (1)(ix) to award costs includes the power to order costs to be paid by the Commonwealth where the Court considers it appropriate to do so.