Constitution of Urabba Parks/Section 33

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Chapter 1 >>Part 3 >>Division 2 >>Subdivision C >>Section 33

Writs for vacanciesEdit

(1)  Whenever a vacancy happens in the House of Ordinaries the Speaker may, subject to this section and any other law, issue a writ for the election of a new member of the House by:

(a)  the electoral division the former member represented; or
(b)  the House;

or if there is no Speaker or if the Speaker is absent from the Commonwealth the Manager‑General in Council may issue the writ.

(2)  The place of a member of the House last made vacant by the removal of the member by the electoral division in the current Parliament shall only be filled by an election by the electoral division.

Relevant notes from the Explanatory MemorandumEdit

132. This section, partially based on the corresponding section of the Australian Constitution, provides the Manager‑General in Council or the Speaker shall be responsible for issuing writs for the election of a new member in the event of a vacancy in the House of Ordinaries.

133. However, the main difference between this section and the corresponding section of the Australian Constitution is that there is an option for the House elect the replacement member rather than being referred to the electors. This allows for co-option of members of Parliament. However, the election for a new member must be referred to the electoral division where the vacancy was caused by the removal of the member as a director. This protects the rights of members of electoral divisions in being able to select their replacement.