Electoral Act 1993

Miscellaneous provisions

266: Validation of irregularities

You could also call this:

"Fixing mistakes made under the Electoral Act 1993"

Illustration for Electoral Act 1993

If you do something wrong or forget to do something when you are supposed to under the Electoral Act 1993, the Governor-General can help fix the problem. They can extend the time you have to do it or make what you did okay, even if you did it at the wrong time or in the wrong way. The Governor-General can do this by making an Order in Council published in the Gazette, which is a special book that lists official decisions.

If something is not covered by the Electoral Act 1993, the Governor-General can also make a new rule to deal with the situation. However, there are some exceptions to this, such as when someone is challenging an election result or has to pay for the costs of challenging an election result.

The Governor-General has a lot of power to fix mistakes or problems that happen when people are following the Electoral Act 1993, as amended by section 77(3) of the Legislation Act 2012.

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Part 9Miscellaneous provisions

266Validation of irregularities

  1. Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Governor-General may, by Order in Council published in the Gazette, at any time before or after the time within which the thing is required to be done, extend that time, or validate anything so done before or after the time required or so irregularly done in matter of form, or make other provision for the case as he or she thinks fit:

    provided that this section shall not apply with respect to the presentation of an election petition or to the giving of security for costs in relation to an election petition.

Notes
  • Section 266: amended, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).