CONSTITUTION ACT 1975 - SECT 38A Date of general election
CONSTITUTION ACT 1975 - SECT 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
Constitution Act s. XX.