South Australian Consolidated Acts

ELECTORAL ACT 1985 - SECT 47

47—Issue of writ

        (1)         Subject to subsection (2), the Governor is the sole authority by whom a writ for an election may be issued.

        (2)         If—

            (a)         a casual vacancy in the membership of the House of Assembly occurs; or

            (b)         an election to fill a vacancy in the membership of the House of Assembly is declared void by the Court of Disputed Returns,

the Speaker of the House of Assembly must issue a writ for a by-election.

        (3)         Where a writ for an election is issued, it will, for the purposes of this Act, be presumed that the writ was issued at 1 minute past midnight on the date of the issue of the writ.