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Electoral Act 1993

Elections - By-elections for vacancies in seats of members representing electoral districts

131: Power to resolve in certain cases that by-election not be held

You could also call this:

"When a by-election might not be held to fill an empty seat in Parliament"

Illustration for Electoral Act 1993

If you are wondering what happens when a seat in the House of Representatives becomes empty, you should know that usually a by-election is held to fill the vacancy. However, there are some cases where this might not happen. If the empty seat happens in the last 6 months before the current Parliament ends, and most of the members of the House of Representatives agree, then a by-election might not be held. You can find more information about this in section 129. If the Prime Minister tells the House of Representatives that a general election will be held within 6 months of the vacancy, and most of the members agree, then a by-election might not be held to fill the empty seat.

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Part 6Elections
By-elections for vacancies in seats of members representing electoral districts

131Power to resolve in certain cases that by-election not be held

  1. Notwithstanding anything in section 129, no writ shall be issued for a by-election to supply a vacancy in the House of Representatives if—

  2. the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a writ not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or
    1. following the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a writ is not to be issued to supply the vacancy.

      Notes
      • Section 131(b): amended, on , by section 19 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).