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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (House of Assembly Casual Vacancies) Amendment
Bill 2014
A BILL FOR
An Act to amend the Electoral
Act 1985; and to make a related amendment to the Constitution
Act 1934.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Electoral
Act 1985
3Amendment of section 47—Issue of
writ
4Amendment of section 48—Contents of
writ
5Amendment of section 99—Declaration of
poll and return of writs for House of Assembly
Schedule 1—Related amendment to
Constitution Act 1934
1Amendment of section 30—Resignation
of seats in the Assembly
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (House of Assembly Casual
Vacancies) Amendment Act 2014.
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 Electoral
Act 1985
3—Amendment
of section 47—Issue of writ
(1) Section 47(2)—delete "Speaker of the House of Assembly" and
substitute:
Electoral Commissioner
(2) Section 47—after subsection (2) insert:
(2aaa) If the Electoral Commissioner—
(a) has been given notice of a casual vacancy in the membership of the
House of Assembly but has not issued a writ for a by-election for the purposes
of subsection (2) in relation to the vacancy; and
(b) is given notice of 1 or more further casual vacancies,
the Electoral Commissioner must fix in the writ for each by-election the
same day for the polling, unless the Electoral Commissioner considers that there
is good reason not to do so.
(2aa) If the Electoral Commissioner has issued a writ for a by-election
for the purposes of subsection (2) in relation to a casual vacancy in the
membership of the House of Assembly (the first writ)
and—
(a) the Electoral Commissioner is given notice of 1 or more further
casual vacancies; and
(b) it is possible (in accordance with the requirements of
section 48) to fix in the writ or writs for the by-election or by-elections
relating to the further casual vacancy or vacancies the same day for the polling
as that fixed in the first writ,
the Electoral Commissioner must fix that day as the day for the polling in
the writ for each by-election relating to the further vacancy or vacancies,
unless the Electoral Commissioner considers that there is good reason not to do
so.
4—Amendment
of section 48—Contents of writ
Section 48(1)—after "Commissioner" insert:
(other than a writ issued under section 47(2))
5—Amendment
of section 99—Declaration of poll and return of writs for House of
Assembly
(1) Section 99(3)—delete "return the writ to the Governor or the
Speaker" and substitute:
, if the Governor issued the writ for the election, return the writ to the
Governor
(2) Section 99—after subsection (3) insert:
(4) For the purposes of this Act, a writ for a by-election issued under
section 47(2) will be taken to have been returned on the day on which the
Electoral Commissioner endorses his or her certification for the purposes of
subsection (3) on the writ.
Schedule 1—Related
amendment to Constitution
Act 1934
1—Amendment
of section 30—Resignation of seats in the Assembly
Section 30—after subsection (2) insert:
(3) The Speaker or the Governor (as the case requires) must, as soon as is
reasonably practicable after receipt of a resignation of a member of the House
of Assembly under this section, notify the Electoral Commissioner of the
resignation.