Section 33 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 33 of the Constitution of Urabba Parks provides the Speaker of the House of Ordinaries may issue a writ for the election of a new member of the House in the case of a casual vacancy (a vacancy arising between general elections). Unless the vacancy is caused by the removal of a member by the electoral division, the House may elect a new member rather than hold a by-election.
Compiled text (Section 33 - Writs for vacancies)
(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.
Law not made
|Statute or Instrument||Number and year||Assent||Commencement||Application, saving and transitional provisions|
|Constitution Adoption 2021||No. 1, 2021||11 Jan 2021||1 Feb 2021 (gaz 2021,p. 1)|
|Provision affected||How affected|
Relevant notes from the explanatory memorandum
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.
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