South Australian Current Acts

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CONSTITUTION ACT 1934 - SECT 28

28—Term of House of Assembly

        (1)         Subject to this section, a general election of members of the House of Assembly must be held on the third Saturday in March in the fourth calendar year after the calendar year in which the last general election was held.

        (2)         The Governor must, where a general election is to be held on a day fixed under this section, dissolve the House of Assembly and issue a writ or writs for the election at a time prior to the election that is in accordance with the requirements of the Electoral Act 1985 for the issue of writs.

        (3)         Before the issue of a writ or writs for a general election under this section, the Governor may, where—

            (a)         the day fixed under this section for the election is the Saturday immediately following Good Friday; or

            (b)         a general election of members of the Commonwealth House of Representatives is to be held in the same month as the election; or

            (c)         it is reasonably necessary in order to meet a difficulty in the conduct of the election arising from a State disaster that has occurred, is occurring or is about to occur,

defer the day of the election, by notice published in a newspaper circulating generally throughout the State, to a Saturday not more than 21 days after the day otherwise fixed under this section.

        (4)         A day to which a general election is deferred in accordance with subsection (3) will be taken to be a day fixed under this section for the general election.

        (5)         After the issue of a writ or writs for a general election under this section, the day of the election may be deferred in accordance with the provisions of the Electoral Act 1985 .

        (6)         In this section—

"State disaster" means any occurrence (including fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities directed by an enemy against Australia and accident) that—

            (a)         causes or threatens to cause, within the State, loss of life or injury to persons or animals or damage to property; and

            (b)         is of such a nature or magnitude that extraordinary measures are required in order to protect human or animal life or property.



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