Victorian Consolidated Legislation

Constitution Act 1975 - SECT 38A

Date of general election

38A. Date of general election



(1) The writs issued under the Electoral Act 2002 for a general election of
the Assembly and Council must name as the election day-

   (a)  if the previous Assembly expired, the last Saturday in November
        nearest to the fourth anniversary of the election day on which the
        previous Assembly was elected or if section 38(2) applies, the
        Saturday referred to in that section; or

   (b)  if the previous Assembly was dissolved, a Saturday within the period
        that starts 15 days after the final nomination day and ends 30 days
        after the final nomination day.

(2) Despite subsection (1)(a), in exceptional circumstances, on the
recommendation of the Premier with the agreement of the Leader of Her
Majesty's Opposition, the Governor may postpone the election day under
subsection (1)(a) to another Saturday as nearest as possible to the fourth
anniversary of the election day on which the previous Assembly was elected or
to another Saturday as nearest as possible to the Saturday referred to in
section 38(2) as the case may be.

Subdivision (3)-Proceedings of the Assembly