ELECTORAL ACT 2002 - SECT 63 Issue of writ and days appointed

ELECTORAL ACT 2002 - SECT 63

    (1)     A writ is deemed to have been issued at 6 p.m. on the day on which the writ was issued.

    (2)     The person issuing the writ for an election must in relation to that election appoint—

        (a)     the day for the close of the roll; and

        (b)     the final nomination day; and

        (c)     the election day.

S. 63(3) amended by No. 2/2003 s. 26(5).

    (3)     The day appointed for the close of the roll must be 7 days after the date of the writ.

    (4)     A roll closes at 8 p.m. on the day appointed for the close of the roll.

S. 63(5) substituted by No. 2/2003 s. 26(6).

    (5)     Subject to subsection (6), the final nomination day must be—

        (a)     in the case of the expiration of the Assembly, 10 days after the expiration; or

        (b)     in the case of the dissolution of the Assembly, a day within the period that—

              (i)     starts 10 days after the date of the writ; and

              (ii)     ends 28 days after the date of the writ.

    (6)     If a candidate for an election dies before noon on the final nomination day for the election, the final nomination day (except for the purposes of subsection (7)) is to be the next day.

S. 63(7) substituted by No. 2/2003 s. 26(7).

    (7)     The election day must be—

        (a)     unless paragraph (c) applies, if the previous Assembly expired, the last Saturday in November nearest to the fourth anniversary of the election day on which the previous Assembly was elected or the Saturday referred to in section 38(2) of the Constitution Act 1975 as the case may be; or

        (b)     if the previous Assembly was dissolved, a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day; or

        (c)     if section 38A(2) of the Constitution Act 1975 applies, the Saturday to which the election day is postponed in accordance with that section.

S. 63(8) inserted by No. 2/2003 s. 26(7A) (as amended by No. 44/2006 s. 11).

    (8)     Subject to subsection (9), if an election is a by‑election, the final nomination day must be a day within the period that—

        (a)     starts 10 days after the date of the writ; and

        (b)     ends 28 days after the date of the writ.

S. 63(9) inserted by No. 2/2003 s. 26(7A) (as amended by No. 44/2006 s. 11).

    (9)     If a candidate for an election which is a by‑election dies before noon on the final nomination day for the by‑election, the final nomination day (except for the purposes of subsection (10)) is to be the next day.

S. 63(10) inserted by No. 2/2003 s. 26(7A) (as amended by No. 44/2006 s. 11).

    (10)     The election day for an election which is a by‑election must be a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day.