Constitution Act 1934

Every Member of the Council, subject to the provisions of this Act, shall hold office for 6 years.

Periodical elections of Members of the Council shall be held in every year.

Except as specified in a determination made under section 29A of the Legislative Council Electoral Boundaries Act 1995 – at every alternate periodical election of members of the Council 2 members are to retire and 2 members are to be elected to fill the vacancies so created; and at every other periodical election of members of the Council 3 members are to retire and 3 members are to be elected to fill the vacancies so created.

In the event of a poll being required for any such election the same shall be held on the first Saturday in the month of May, or on such other day (being a Saturday) in the month of May as the Governor may, by proclamation, appoint in that behalf in respect of the periodical elections to be held in any particular year.

At any such election the retiring Member if otherwise qualified shall be eligible for re-election.

If the seat of any member of the Council becomes vacant otherwise than by effluxion of time, the person elected to fill such vacancy shall hold office only until the expiration of the period for which the vacating Member was elected.