Queensland Consolidated Acts Queensland Consolidated Acts(1) Subject to this section, the Speaker of the Legislative Assembly must issue a writ for an election to fill a vacancy in the membership of the Legislative Assembly if--
(a) the vacancy is not one mentioned in section 78(1)(b); and
(b) the Legislative Assembly passes a resolution declaring that the vacancy exists and stating its cause.
(2) Subsection (1) does not apply if--
(a) the vacancy is caused by death or resignation; and
(b) when the vacancy arises, the Legislative Assembly is not sitting.
(3) If subsection (1) does not apply to the vacancy because of subsection (2), the Governor must issue the writ.