New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 76

76 Issue of writs in special circumstances

(1) General--Speaker to issue writs to fill Assembly vacancies If a vacancy occurs in the Assembly, the Speaker, after the Assembly by resolution has declared that the vacancy exists and the reason for the vacancy, is to issue a writ for an election of a member to fill the vacancy.

(2) If a member of the Assembly dies or resigns during an adjournment of the Assembly for a period greater than 7 days, the Speaker may issue a writ for an election of a member to fill the vacancy without a resolution by the Assembly declaring the vacancy.

(3) Governor to issue writ in special circumstances The Governor may issue a writ for the election of a member to fill a vacancy in the Assembly if--

(a) the vacancy was caused by a death or resignation and, at the time of the death or resignation, there is no Speaker (and no Deputy Speaker authorised to act under section 31A of the Constitution Act 1902 ) and the Assembly is not in session, or

(b) the vacancy occurred after an Assembly general election and before the first meeting of the Assembly after that general election.

Note : Section 31A of the Constitution Act 1902 provides that, when the Speaker is unavailable, the Deputy Speaker of the Legislative Assembly is to act in his or her place and has and may exercise and perform all the powers, authorities, duties and functions of the Speaker.