sec.76Vacancy because of resignation to contest Commonwealth election

### sec.76 Vacancy because of resignation to contest Commonwealth election This section applies if, to seek election for the Parliament of the Commonwealth, a member— resigns the member’s seat not later than 21 days after the issue of the writ for the election; and at the time of tendering the resignation, notifies the Speaker in writing of— the member’s intention to seek his or her election as a Commonwealth member; and the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation. The issue of a writ for an election to fill the vacancy in the member’s seat in the Assembly must be deferred until— if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is not lodged within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is lodged within the time allowed for the lodging of that type of petition—the final decision on that petition; or if the member is not elected as a Commonwealth member and does not lodge a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or if the member is not elected as a Commonwealth member and lodges a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the final decision on that petition; or if the member is not nominated as a Commonwealth member, or if nominated does not consent to the nomination, within the time required for nomination under the laws of the Commonwealth—the expiration of that time. In this section— Commonwealth member means a member of either House of the Parliament of the Commonwealth. (sec.76-ssec.1) This section applies if, to seek election for the Parliament of the Commonwealth, a member— resigns the member’s seat not later than 21 days after the issue of the writ for the election; and at the time of tendering the resignation, notifies the Speaker in writing of— the member’s intention to seek his or her election as a Commonwealth member; and the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation. (sec.76-ssec.2) The issue of a writ for an election to fill the vacancy in the member’s seat in the Assembly must be deferred until— if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is not lodged within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is lodged within the time allowed for the lodging of that type of petition—the final decision on that petition; or if the member is not elected as a Commonwealth member and does not lodge a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or if the member is not elected as a Commonwealth member and lodges a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the final decision on that petition; or if the member is not nominated as a Commonwealth member, or if nominated does not consent to the nomination, within the time required for nomination under the laws of the Commonwealth—the expiration of that time. (sec.76-ssec.3) In this section— Commonwealth member means a member of either House of the Parliament of the Commonwealth. - (a) resigns the member’s seat not later than 21 days after the issue of the writ for the election; and - (b) at the time of tendering the resignation, notifies the Speaker in writing of— (i) the member’s intention to seek his or her election as a Commonwealth member; and (ii) the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation. - (i) the member’s intention to seek his or her election as a Commonwealth member; and - (ii) the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation. - (i) the member’s intention to seek his or her election as a Commonwealth member; and - (ii) the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation. - (a) if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is not lodged within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or - (b) if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is lodged within the time allowed for the lodging of that type of petition—the final decision on that petition; or - (c) if the member is not elected as a Commonwealth member and does not lodge a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or - (d) if the member is not elected as a Commonwealth member and lodges a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the final decision on that petition; or - (e) if the member is not nominated as a Commonwealth member, or if nominated does not consent to the nomination, within the time required for nomination under the laws of the Commonwealth—the expiration of that time.