Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 83

83 Writs for vacancy in the membership of the Legislative Assembly

(1) The Governor must issue a writ to fill a vacancy in the membership of the Legislative Assembly if the vacancy—

(a) arises after a general election and before the first meeting of the Legislative Assembly after the election; or

(b) is caused by death or resignation and arises when the Legislative Assembly is not sitting.

(2) The Speaker of the Legislative Assembly must issue a writ for an election to fill a vacancy in the membership of the Legislative Assembly if—

(a) the vacancy is not one mentioned in subsection (1) or section 95 (3) ; and

(b) the Legislative Assembly passes a resolution declaring that the vacancy exists and stating its cause.

(3) However, if a vacancy mentioned in subsection (1) (b) or (2) arises within 3 months before the next normal dissolution day for the Legislative Assembly, the Speaker or Governor may, but need not, issue a writ for an election to fill the vacancy.

(4) In this section—

"normal dissolution day" see the Constitution of Queensland 2001 , section 19C (1) .