8.
Question (b)
If the answer to question (a) is "yes", by what means and in what manner that vacancy should be filled?
Answer
The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.
Question (c)
What directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference?
Answer
Unnecessary to answer.
Question (d)
What, if any, orders should be made as to the costs of these proceedings?
Answer
Unnecessary to answer.
Matter No C18/2017
The questions referred to the Court of Disputed Returns by the President of the Senate in his letter dated 5 September 2017 be answered as follows:
Question (a)
Whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of South Australia in the Senate for the place for which Senator Xenophon was returned?
