ELECTORAL ACT 2002 - SECT 61 Writs for elections
ELECTORAL ACT 2002 - SECT 61
Writs for electionsS. 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).