Part 7Writs for elections

Part 7—Writs for elections 47—Issue of writ (1) Subject to subsection (2), the Governor is the sole authority by whom a writ for an election may be issued. (a) a casual vacancy in the membership of the House of Assembly occurs; or (b) an election to fill a vacancy in the membership of the House of Assembly is declared void by the Court of Disputed Returns, the Speaker of the House of Assembly must issue a writ for a by-election. (2a) In the case of a general election for the House of Assembly, the writ or writs for the elections in all House of Assembly districts must be issued 28 days before the date fixed for the polling in each district under section 48. (3) Where a writ for an election is issued, it will, for the purposes of this Act, be presumed that the writ was issued at 1 minute past midnight on the date of the issue of the writ. 48—Contents of writ (1) A writ must be addressed to the Electoral Commissioner. (2) A writ must fix— (a) the date and time for the close of the rolls; and (b) the date for— (i) the nomination; and (ii) the polling; and (iii) the return of the writ. (3) The date fixed for the close of the rolls must be— (a) subject to paragraph (b)— (i) in the case of a general election for the House of Assembly—the date falling 6 days after the date of the issue of the writ; or (ii) in any other case—the date falling 10 days after the date of the issue of the writ; (b) if the day that would apply under paragraph (a) would be a Saturday, Sunday or public holiday—the date falling on the day next following the Saturday, Sunday or public holiday that is not itself a Saturday, Sunday or public holiday. (4) The date fixed for the nomination must be— (a) in the case of a general election for the House of Assembly—the date falling 3 days after the date fixed for the close of the rolls; or (b) in any other case—a date falling not less than 3 days nor more than 14 days after the date fixed for the close of the rolls. (5) The date fixed for the polling must be a Saturday falling not less than 14 days nor more than 30 days after the date fixed for the nomination. (6) In the case of a general election for the House of Assembly— (a) a single writ may be issued in respect of all elections in all House of Assembly districts; (b) irrespective of whether a single writ is issued, the same day must be fixed for polling in each district; (c) if more than one writ is issued, all writs must be returnable on the same day. (7) As soon as practicable after the issue of a writ for an election— (a) its terms must be advertised by the Electoral Commissioner in a newspaper circulating throughout the State; and (b) the Electoral Commissioner must notify all returning officers affected by the writ of its terms. 49—Deferral of election (1) Despite any other provision of this Act, the person who issued a writ for an election may, in order to meet a difficulty that has arisen in relation to the conduct of the election, by notice published in a newspaper circulating generally throughout the State, defer— (a) the date and time for the close of the rolls; (b) the date for— (i) the nomination; or (ii) the polling; or (iii) the return of the writ. (2) A date or time fixed by notice under subsection (1) will be taken to have been validly fixed by the writ. (3) A deferment will not be granted under subsection (1) if the effect of the deferment would be to postpone polling by more than 21 days from the date originally fixed by the writ. 50—Failure of election (1) Whenever an election wholly or partially fails, a new writ must immediately be issued for a supplementary election. (2) An election will be taken to have wholly failed if no candidate is nominated or returned as elected. (3) A Legislative Council election will be taken to have partially failed if one or more candidates are returned as elected but not the full number required to be elected. (4) A supplementary election must, unless more than 3 months have elapsed between the date fixed for the return of the writ for the election that failed and the date of the writ for the supplementary election, be held on the same rolls as were prepared for the earlier election.