claiming to be entitled so to act on the ground that he is
disqualified within the meaning of subsection (8) from acting
in that office but no proceedings shall be instituted under
this section against any such person after the expiration of 6
months from the date on which he so acted or claimed to be
entitled so to act.
(2) Where in proceedings instituted under this section it
is proved that the defendant has acted as a member of the
Legislative Council and is disqualified within the meaning of
subsection (8) from acting in that office, the Court may
(a) make a declaration to that effect;
(b)
grant an injunction restraining the defendant
from so acting; and
(c)
order that the defendant shall pay to the Crown
such sum as the Court thinks fit, not exceeding
$1,000, for each occasion on which he so acted
while disqualified.
(3) Where in proceedings instituted under this section it
is proved that the defendant has claimed to be entitled to act
as a member of the Legislative Council and is disqualified
within the meaning of subsection (8) from acting in that
office, the Court may
(a)
make a declaration to that effect; and
(b)
grant an injunction restraining the defendant
from so acting.
(4) No proceedings shall be instituted under this section
by any person other than an elector or the Attorney General.
(5) Where proceedings are instituted under this section.
by a person other than the Attorney General such proceedings
shall be stayed until such person shall give security for all