Electoral Act 1993

Elections - Filling of vacancies in other seats

138: Filing of return

You could also call this:

"Telling the Clerk who was elected to fill a vacant seat"

Illustration for Electoral Act 1993

When a vacancy is filled under section 137, the Electoral Commission must file a return with the Clerk of the House of Representatives as soon as they can. You will see the return indicate the name of the person who has been declared elected and the date of the return if the vacancy can be filled. If the vacancy cannot be filled, the return will show this fact and the date of the return.

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Part 6Elections
Filling of vacancies in other seats

138Filing of return

  1. Where any vacancy is filled under section 137, or the Electoral Commission determines that the vacancy cannot be filled, the Electoral Commission shall, as soon as is convenient, file with the Clerk of the House of Representatives a return indicating,—

  2. in any case where the vacancy can be filled, the name of the person declared to be elected and the date of the return; or
    1. in any case where the vacancy cannot be filled, the fact that the vacancy cannot be filled and the date of the return.
      Notes
      • Section 138: amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).