Restrictions on certain orders
147 Restrictions on certain orders
The court must not make an order mentioned in section 146(2) because of a delay in—
the announcement of nominations under section 93; or
complying with the requirements of part 7, division 5, 6 or 7.
Also, the court must not make an order under section 146(2) (other than an order to dismiss the application)—
because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have had the effect that the person elected would not have been elected; or
because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.
In determining whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the election by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.
The court must not make an order mentioned in section 146(2) because—
the names of the candidates were not set out on a ballot paper in the order required by section 102(1)(d); or
a name or other word that was required by section 102(1)(g) to be printed on a ballot paper adjacent to a candidate’s name was not so printed or was misspelt, inaccurate or incorrect; or
a name or other word that was not authorised by section 102(1)(g) was printed on a ballot paper adjacent to a candidate’s name.
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