Electoral Amendment Act 2002

49 New section 129 substituted
  • The principal Act is amended by repealing sections 129 and 130, and substituting the following section:

    129 By-elections for members representing electoral districts
    • (1) 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.

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

      (3) 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).

      (4) 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.