Electoral Act 1993

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 12 May 2016 to make corrections to sections 22, 54(2), 55(1)(i), 67(3)(e), 204F, and 261 under section 25(1)(j)(ii), (iii) and (m) of the Legislation Act 2012.

By-elections for vacancies in seats of members representing electoral districts

129 By-elections for members representing electoral districts


If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.


The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a writ in form 6 requiring the Electoral Commission to make all necessary arrangements for the conduct of a by-election to fill the vacancy.


In any case in which it appears to the Governor-General to be necessary for special reasons, the Governor-General may, by Order in Council, authorise the postponement of the issue of a writ for a by-election until a day stated in the Order in Council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1).


This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

Section 129: substituted, on 28 February 2002, by section 49 of the Electoral Amendment Act 2002 (2002 No 1).

Section 129(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).