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s 71

Rules for fixing polling day

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Part IVElections
Division 1Writs

71 Rules for fixing polling day

(1)

In this section —

available day means any day that is not an excluded day;

excluded day means —

(a)

a day appointed as polling day for an election of the Senate or a general election of the House of Representatives or as the voting day for a referendum as defined in the Referendum (Machinery Provisions) Act 1984 (Commonwealth); or

(aa)

Christmas Day; or

(b)

Easter Saturday or the Saturday immediately preceding or succeeding Easter Saturday.

(2)

Subsection (3) applies to any election other than an election that is, or is held as part of, a periodic election.

(3)

The date fixed for the polling in an election to which this subsection applies must be a Saturday that —

(a)

is not less than 21 nor more than 45 days after the day on which the close of nominations occurs; and

(b)

is an available day.

(4)

The same date shall be fixed under subsection (3) for the polling in each election in a district held as part of a general election for the Assembly for which the writ is issued under section 64(1).

(5)

The date fixed for the polling in a general election for the Council and, in the case of a periodic election for the Assembly, the date fixed for the polling in each election in a district, must be —

(a)

the second Saturday of March in the election year; or

(b)

if the second Saturday of March in the election year is an excluded day, the first succeeding Saturday that is an available day.

(6)

If the Premier, with the agreement of the Leader of the Opposition in the Legislative Assembly, recommends to the Governor that the date to be fixed under subsection (5) for the polling be postponed because of exceptional circumstances, the date fixed for the polling shall be the first Saturday after the second Saturday of March that is an available day on which polling is practicable.

(7)

In the case of a general election for the Council, the date fixed for the polling shall not be postponed to such an extent as would prevent the return of the writ on or before 21 May in the year in which seats in the Council are to be vacated by effluxion of time.

[Section 71 inserted: No. 49 of 2011 s. 7; amended: No. 20 of 2021 s. 43; No. 30 of 2023 s. 62.]

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