Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
general election means a general election for the
Legislative Council;
member means a member of the Legislative Council.
(2) The seat of a
member elected at a general election shall become vacant at the expiration of
the period of 4 years beginning on 22 May next following the day of
his election as member.
(3) A member elected
at a general election shall not sit or vote before 22 May next following
the day of his election as member.
(4) Where an election
held as part of a general election fails wholly or partially or is declared to
be absolutely void —
(a) the
seat of a member elected at an election held by reason of that failure or
declaration shall become vacant at the expiration of the period of
4 years beginning on 22 May next following that general election;
and
(b) if a
member elected at an election held by reason of that failure or declaration is
so elected before 22 May next following that general election, that
member shall not sit or vote before that 22 May.
(5)
Subsections (2) and (4)(a) do not affect the operation of any enactment
under which a member may cease to be a member, or the seat of a member may
become vacant, otherwise than by effluxion of time.
(6) In order to fill
seats vacated by effluxion of time a writ for elections in all the electoral
regions —
(a)
shall be issued before 10 April last preceding the occurrence of those
vacancies but not more than one year before the occurrence of those vacancies;
and
(b)
shall be returnable not later than 21 May next following that
10 April.
[Section 8 inserted by No. 40 of 1987
s. 8; amended by No. 36 of 2000 s. 23.]
[ 8A. Omitted under the Reprints Act 1984
s. 7(4)(e).]
[ 8B. Deleted by No. 40 of 1987 s. 10.]