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ELECTORAL ACT 2002 - SECT 61 Writs for elections

ELECTORAL ACT 2002 - SECT 61

Writs for elections

S. 61(1) substituted by No. 2/2003 s. 26(1).

    (1)     A writ for a general election must be issued by the Governor—

        (a)     in the case of the expiration of the Assembly, on the day on which the Assembly expires; or

        (b)     in the case of the dissolution of the Assembly, within 7 days after the dissolution.

S. 61(2) substituted by No. 2/2003 s. 26(2), amended by No. 30/2018 s. 15(1).

    (2)     Unless subsection (2A) applies, a writ for a by‑election for the election of a member of the Assembly must be issued by the Speaker within one month after the occurrence of the vacancy.

S. 61(2A) inserted by No. 30/2018 s. 15(2).

    (2A)     The Speaker may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.

S. 61(3) amended by Nos 2/2003 s. 26(3), 30/2018 s. 15(3).

    (3)     Unless subsection (3A) applies, if there is no Speaker to issue a writ under subsection (2), the writ must be issued by the Governor within one month after the occurrence of the vacancy.

S. 61(3A) inserted by No. 30/2018 s. 15(4).

    (3A)     The Governor may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.

    (4)     A writ issued under this section must be—

        (a)     in or to the effect of the form in Schedule 1; and

        (b)     directed to the Commission; and

        (c)     returnable to the person who issued the writ, on a day within 21 days after the election day appointed and named in the writ.

S. 62 amended by No. 2/2003 s. 26(4).