South Australian Consolidated Acts

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CONSTITUTION ACT 1934 - SECT 14

14—Term of service of Legislative Councillors

        (1)         Subject to this Act, a member of the Legislative Council shall occupy the member's seat until required to retire in accordance with this section.

        (2)         Subject to subsection (3), whenever the House of Assembly is dissolved by the Governor (otherwise than in pursuance of section 41) or expires by effluxion of time, 11 members of the Legislative Council shall retire and an election to supply the resulting vacancies shall take place at the time of the general election of members of the House of Assembly.

        (3)         A member of the Legislative Council is not required to retire under subsection (2) unless—

            (a)         in the case of a member elected at an election held upon dissolution of the Legislative Council under section 41—3 years have elapsed from the first day of March in the year in which that election was held;

            (b)         in any other case—6 years have elapsed from the first day of March in the year in which the member was last elected.

        (4)         The seat of a member of the Legislative Council who is required to retire under subsection (2) is automatically vacated on the dissolution or expiry of the House of Assembly without the necessity of any action on the part of the retiring member.



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