Victorian Consolidated Legislation

Electoral Act 2002 - SECT 62

Vacancy occurring by reason of resignation to contest Commonwealth election

62. Vacancy occurring by reason of resignation to contest Commonwealth
election

Despite anything to the contrary in this Act, if-

   (a)  a vacancy occurs in the Assembly or the Council by reason of a member
        resigning his or her seat for the purpose of seeking election for the
        Parliament of the Commonwealth; and

   (b)  the member tenders his or her resignation within the period of 21 days
        before the date of the issue of the writ for the Commonwealth
        election; and

   (c)  the member notifies the Speaker or the President in writing of his or
        her intention to seek such election and his or her intention in the
        event of failing to secure such election to become again a candidate
        for the vacancy in the Assembly or the Council-

then the issue of the writ for the election of a member to fill the vacancy
occurring in the Assembly or the choosing of a person to fill the vacancy
occurring in the Council under section 27A of the Constitution Act 1975 must
be delayed until the result of the Commonwealth election has been officially
declared.