CONSTITUTION ACTS AMENDMENT ACT 1899 - SECT 8

CONSTITUTION ACTS AMENDMENT ACT 1899 - SECT 8

8 .         Retirement of members periodically

        (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 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.

        [Section 8 inserted: No. 40 of 1987 s. 8; amended: No. 36 of 2000 s. 23; No. 49 of 2011 s. 12; No. 20 of 2021 s. 7.]

[ 8A.         Omitted under the Reprints Act 1984 s. 7(4)(e).]

[ 8B.         Deleted: No. 40 of 1987 s. 10.]