Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) In this regulation:
illegal practice means a contravention of the Criminal Code, section 356 (Bribery) or part 3.6 (Forgery and related offences), and includes undue influence.
"prescribed declaration" means a declaration under regulation 77 (1) (a) or (b)—
(a) on the ground of an illegal practice (other than bribery or undue influence); or
(b) on the ground of bribery or undue influence by a person who was not a candidate for the election without the knowledge or consent of a candidate in the election.
Note Undue influence is defined in reg 62.
(2) The Court of Disputed Health Elections may make a declaration under regulation 77 (1) (a) or (b)—
(a) on the ground of an illegal practice in relation to the election; or
(b) on any other ground the court considers appropriate.
(3) However, the Court of Disputed Health Elections must not make a prescribed declaration unless satisfied that—
(a) the result of the election was, or was likely to have been, affected by the illegal practice; and
(b) it is just to make the declaration.
(4) If the Court of Disputed Health Elections finds an illegal practice in relation to an election (whether or not the court makes a declaration under regulation 77 (1) (a) or (b) on that ground), the registrar must report the finding to—
(a) the electoral commissioner; and
(b) the director of public prosecutions; and
(c) the president of the health profession board to which the election related.
(5) A finding by the Court of Disputed Health Elections in relation to an illegal practice in relation to an election does not bar, or prejudice in any way, any prosecution in relation to the act claimed before the court to have been the illegal practice.