Western Australian Current Acts Western Australian Current Acts (1) Whenever a vacancy
occurs in the Assembly from any cause, the Speaker, upon a resolution by the
House declaring such vacancy and the cause thereof, shall cause a writ to be
issued to supply the vacancy.
(2) Subject to section
39(4) of the Constitution Acts Amendment Act 1899 , in the case of any such
vacancy when Parliament is not in session, or when the vacancy occurs during
any adjournment for a longer period than 7 days of the Assembly, the Speaker
may, without such preceding resolution, cause a writ to be issued to supply
the vacancy.
(3) Subject to section
39(4) of the Constitution Acts Amendment Act 1899 , if at the occurrence of
any such vacancy there is no Speaker, and Parliament is not in session, or if
the Speaker is absent from the State, the Governor shall, if satisfied of the
existence of such vacancy, cause a writ to be issued for the election of a
member for the seat so vacated.
(4) In the case of a
vacancy caused by death, the Speaker or the Governor, as the case may require,
is to cause the writ to be issued on receiving notice of the death in the
prescribed form signed by 2 members of the Assembly of which the deceased was
a member.
(4a) However, subject
to section 39(4) of the Constitution Acts Amendment Act 1899 , if the Speaker
or Governor, as the case may be, is satisfied of the existence of the vacancy,
the writ can be issued whether or not notice has been received under
subsection (4).
(5) Whenever a vacancy
occurs by reason of any of the disqualifications mentioned in section
32(1)(a), and section 38(d), of the Constitution Acts Amendment Act 1899 , it
shall be the duty of the Registrar in Bankruptcy forthwith to give notice
thereof in writing to the Speaker, if within the State, and otherwise to the
Governor, and on receipt of such notice the Speaker, if within the State, or
otherwise the Governor, shall forthwith, cause a writ to be issued for the
election of a member to supply the vacancy.
[Section 67 amended: No. 44 of 1911 s. 24 and 43;
No. 78 of 1984 s. 16; No. 40 of 1987 s. 39; No. 36 of 2000 s. 10; No. 64 of
2006 s. 53.]