(1)  Except as provided by subsection (2) , whenever the seat of a Member of the Council becomes vacant otherwise than by reason of the expiry of his or her term of office, a writ for the holding of a by-election to fill the vacancy is to be issued by the Governor within 40 days after the vacancy occurs.

(2)  Subject to subsection (3) , in the event of the seat of a Member of the Council becoming vacant at any time during the period –

(a) commencing on 1 January immediately preceding polling day for the next Council periodic elections; and

(b) ending with the day on which writs for the holding of those elections are issued –

a writ for the holding of a by-election is not, unless the Governor otherwise determines, required to be issued until the day on which the writs for those Council periodic elections are issued.

(3)  If in any year –

(a) a Council periodic election is required in a division; and

(b) the seat of the Member for that division becomes vacant between 1 January and polling day for that election –

a writ for the holding of a by-election is not, unless the Governor otherwise determines, required to be issued.

(4)  Where in any year a writ for the holding of a by-election to fill a vacancy occurring in the seat of a Member of the Council is not issued until the date on which the writs for the Council periodic elections for that year are issued, the writ for the by-election is to specify the same dates as the writs for those Council periodic elections.

(5)  The Governor may, by proclamation, extend the period of 40 days referred to in subsection (1) .