South Australian Current Acts South Australian Current Acts (1) Subject to this
section, the order of retirement as between members of the Legislative Council
shall be determined by reference to the period they have occupied their seats
since the date of their last election, so that a member who has occupied his
or her seat for a longer period retires before a member who has occupied his
or her seat for a shorter period.
(2) For the purposes
of subsection (1), where a casual vacancy occurs in the seat of a member
of the Legislative Council and a person is chosen to occupy the vacant seat by
an assembly of the members of both Houses of Parliament, the person so chosen
shall be deemed to have occupied the seat since the date on which a person was
last elected to occupy it.
(3) Where a casual
vacancy occurs in the seat of a member of the Legislative Council, and the
vacancy is to be supplied at an election in pursuance of section 13(3),
the member formerly occupying the vacant seat shall be counted as one of the
11 retiring under section 14(2).
(4) Where an election
is held upon dissolution of the Legislative Council under
section 41—
(a)
the Electoral Commissioner shall, as soon as practicable after the election,
publish by notice in the Gazette the names of those members of the Legislative
Council who would have been elected on the votes cast at the election
if—
(i)
the election had been one to supply 11 vacancies in the
membership of the Legislative Council; and
(ii)
the only names of candidates appearing on the
ballot-papers at that election were the names of the members elected at the
election and the numbers indicating preferences had been altered accordingly;
and
(b) the
11 members whose names are not so published (including any member who was
chosen by an assembly of the members of both Houses of Parliament to occupy a
casual vacancy occurring in the seat of any such member) shall be the first to
retire under section 14(2).