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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Casual Vacancies) Amendment
Bill 2008
A BILL FOR
An Act to amend the Constitution Act 1934.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Constitution
Act 1934
3 Amendment of section 13—Casual
vacancies
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Casual Vacancies) Amendment
Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Constitution
Act 1934
3—Amendment of
section 13—Casual vacancies
Section 13—after subsection (5) insert:
(6) Where—
(a) a casual vacancy in the membership of the Legislative Council is to be
occupied by a person chosen by an assembly of the members of both Houses of
Parliament; and
(b) the member whose seat has become vacant (being an elected member of
the Legislative Council) (the former member) was not at the time
of his or her election publicly recognised as being an endorsed candidate of any
political party,
the Electoral Commissioner must, by notice in the Gazette, declare who was
the continuing candidate who had the highest number of votes after all vacancies
required to be filled had been filled at the election at which the former member
was elected following the counting of votes under section 95 of the Electoral
Act 1985 and if this is the second casual vacancy to be filled under
this subsection in relation to a particular election then the declaration must
relate to the continuing candidate who had the second highest number of votes
after the required vacancies were filled, and so on for any third or subsequent
casual vacancy to be filled under this subsection.
(7) If the continuing candidate within the ambit of a declaration under
subsection (6) was at the time of the relevant election publicly recognised
by a particular political party as being an endorsed candidate of that party and
publicly represented himself or herself to be such a candidate, the person
chosen by the assembly to occupy the casual vacancy must, unless there is no
member of that party available to be chosen, be a member of that party nominated
by that party to occupy the vacancy.