Legislative Council Elections Act 1999
An Act to defer the periodical elections of members of the Legislative Council in 1999 and for related matters and to amend the Constitution Act 1934
[Royal Assent 14 April 1999]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Legislative Council Elections Act 1999 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears –periodical election means a periodical election of a member of the Legislative Council held or required to be held in a year in accordance with section 19 of the Constitution Act 1934 ;Redistribution Tribunal has the same meaning as in the Legislative Council Electoral Boundaries Act 1995 .
Notwithstanding section 19(4) of the Constitution Act 1934 , in the event of a poll being required for any periodical election to be held in 1999 –(a) the poll is to be held on 28 August 1999 or on such other day (being a Saturday) not earlier than 28 August 1999 and not later than 4 December 1999 as the Governor may by proclamation appoint; or(b) if the Governor has extended the period specified in a notice under section 4(3A)(c) of the Legislative Council Electoral Boundaries Act 1995 beyond 30 June 1999, the poll is to be held on a day (being a Saturday) not earlier than 8 weeks from the date of the publication in the Gazette of the first determination of the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 following the commencement of this Act.
5. Term of office of certain members
Notwithstanding section 19(1) of the Constitution Act 1934 and subject to the first determination of the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 following the commencement of this Act –(a) the term of office of a member of the Legislative Council whose seat would, but for this section, become vacant by effluxion of time in May 1999 is to continue until the periodical election referred to in section 4 is held; and(b) the term of office of a member of the Legislative Council who is elected at the periodical election referred to in section 4 is to expire at the periodical election held in 2005.
Notwithstanding section 77(3) of the Electoral Act 1985 , if the seat of a member of the Legislative Council is vacant at the commencement of this Act or becomes vacant at any time on or before the day on which writs for the holding of the periodical elections referred to in section 4 are issued, a writ for the holding of a by-election is not, unless the Governor otherwise determines, required to be issued until the day on which the writs for those periodical elections are issued.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Premier; and(b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.
The amendment effected by this section has been incorporated into the authorised version of the Constitution Act 1934 .