Suggest a correction

Power of Election Judge to except innocent act from being illegal practice, etc.

Presidential Elections Act 1991

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where, on application made, it is shown to an Election Judge by such evidence as seems to the Judge sufficient —(a)that any act or omission of a candidate at any election, or of his or her election agents or of any other agent or person, would, by reason of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Act, or of being a payment, engagement, employment, or contract in contravention of this Act, or of otherwise being in contravention of any of the provisions of this Act, be but for this section an illegal practice; and(b)that the act or omission arose from inadvertence or from accidental miscalculations or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith,and in the circumstances it seems to the Judge, after giving the candidates, the Returning Officer, and any elector an opportunity of being heard, to be just that the candidate in question and the election and other agent and person, or any of them, should not be subject to any of the consequences under this Act of that act or omission, the Judge may make an order allowing that act or omission to be an exception from the provisions of this Act which would otherwise make the act or omission an illegal practice, payment, employment or hiring.(2) Upon the making of an order under subsection (1), the candidate, agent or person is not subject to any of the consequences under this Act of the act or omission mentioned in that subsection.

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