Electoral Act 1992

This section applies if—

the Speaker notifies the commissioner, in writing, that the seat of an MLA has become vacant otherwise than because of—

the dissolution of the Assembly; or

the expiry of the term for which MLAs were elected at an election; or

the failure or partial failure of an election; and

the commissioner is satisfied that it is practicable to fill the vacancy in accordance with section 194.

The commissioner must give public notice of the following—

that there is a casual vacancy in the Assembly;

that a person may apply to be a candidate in accordance with section 192;

in accordance with section 192—the time and day applications close;

if required under section 194—the time and place for a recount of the ballot papers counted for the former MLA at the last election at which the former MLA was elected.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

The commissioner must, so far as practicable, give a copy of the public notice to any person who, in the opinion of the commissioner, may be entitled to make an application under section 192 in relation to the vacancy.

The commissioner must tell the Speaker if the commissioner is not satisfied that it is practicable to fill the vacancy in accordance with section 194.