Powers of NTCAT
145 Powers of NTCAT
NTCAT has the following powers:
(a) declare the election or poll of electors void and order another election;
(b) declare a person who should have been declared elected to have been duly elected as a member of the council;
(c) declare a respondent to the application not to have been duly elected as a member of the council;
(d) order that the votes for an ineligible candidate be distributed to the candidate next in order of the voter's preferences on the ballot paper.
(2) NTCAT must not disturb the result of an election on the ground of an error affecting the conduct of the election unless satisfied that the error is a material error that is likely to have affected the result of the election.
(3) If, in the course of an inquiry under this Part, NTCAT finds that a person has committed an offence, the Registrar of NTCAT must, as soon as practicable, report the finding to the Minister.
(4) NTCAT cannot inquire into the correctness of an electoral roll and must take the roll to be conclusive evidence that the persons enrolled were, at the close of the roll, entitled to be enrolled.
(5) Section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a decision of NTCAT under this section.
This Act’s bill:Explanatory statementSecond reading speech
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