Parliamentary Elections (Casual Vacancies) Act 1920 (NSW)

PxVKIJA.Al EXTAPY EI.ECTIONS^

(('ASI AL VACANCIES) ACT.

A ft No. IS. 11)20.

George V, An A ct to m ake provision i’or the tilling ot casual

’\acancic.-' in tlse L egislative Assem bly ; to am end the Larliam entar\' E lectorates and E lections A ct, 1012 ; and for otlier purposes.

[A ssented to, l O t l i D cceniher, 1020.]

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( 1 1 1 / sailir. as t’ol l aws ; —

siioitiaii, 1 . This Act may fe cited as the “ Parliamentary

Elections (Casual Vacancies) Act, 1920.'’

Parliamentary Elections (Casual Vacancies) Act. 153

2 . In this Act, unless the context otherwise indicates George V,

or requires,— “ Assem bly” means Legislative Assembly of New

South IVales.

“ Member” means inombcr of the Assembly. “ Speaker ” means Spc'aker of the Asseml)ly.

3 . Notwithstanding any law l\eretoforr made the Act tuaii|.iy

proA’isions of Ibis Act, and no otlicr provisions, shall

apply to the election of a mcinltcr in the place of a vacancies,

member aaL o by deatb, resignation, or otberwise has

ceased to be a member (and Avho in tliis Act is referred

to as the late member), and to the iilling of any casual

vacancy in the Assembly so occasioned.

4 . Any sucb vacancy shall be tilled by the election How vacancy

of the unsuccessful candidate at the last general election

Avbo—■

(a)	represents the same party interest as the late member; and
(b)	upon the count of the primary preferenee votes polled at tlie said (dection for the constituency for Avhicli the vacancy has occurred Avas highest on the list as disclosed by sucb count as betw('cn the unsuccessful candidates repre- sentiu'j: such party interest Avho are Avilling to l)c elee.ted and aA'ailable to fill the vacancy.

5 . Tlie party interest Avhich Avas represented by the i)etermin.a-

late member sliall b(' determined by a declaration in Assembly shall have regard to the A'ote or Amtes (if any) of the late member on any motion or motions of censure during tlie present Parliament.

Avriting To bo made' by the Clerk of the Assembly, Avliichiate member,

declaration the Clerk of the Assembly is directed to

make, and to forward to the Speaker Avhen requested

by him so to do. In determining Avhat party interest

6. Tlie recognised leader of tbe party represented by Nomination

the late memlier shall, by Avriting under bis band addressed to tbe Sjieakcr, nominate the person Avho is entitled under the ]u-ovisions of tliis Act to be elected in place of the late member.

151                 Parliamentary Elections (Casual Vacancies) Act.

George V, 7 . Upon receipt of any such nomination the Speaker

No. 18. shall communicate to the Assembly the name of the

W hen

m em ­ person so nominated and such person shall thereupon

b er deem ed

to lie e lec ted ;	be deemed to be elected as a member for the con­ stituency for which the nomination has been made in the place of the late member: Provided that the Speaker shall be entitled to refuse to accept a nomina­ tion made by any person who in the opinion of the Speaker is not the recognised leader of the party represented by the late member and in such case shall not be entitled to eommunicate to the Assembly the name of the person mentioned in sueh nomination.
A ct to a]ipl\
vacancies

f 0 8. This Act shall apply to the election of a member

occurring bef'TC

passing of Act.

to fill a vacancy whether such vacancy has occurred

before or after the passing of this Act.

N o action to

1)6 lu’ought 9 . Iso action or proceeding shall be brought or

for failu re to	instituted in any court by reason of the failure or
issue w rit,
& c .	omission by any person to issue a writ or to caiise or direct a svrit to be issued for filling any vacancy which has occurred since the last general election and prior to the commencement of this Act or by reason of any alleged contravention by any person of any provision of the Parliamentary Electorates and Elections Act, 1912, relating to the filling of any such vacancy, and any such action or proceeding which is pending in any court shall be discontinued upon such terms as to costs as such court shall think fit.
Amendment of

s. 99 of P arlia­	1 0 . Subsection two, subsection three, and subsection
m entary Klee-

t<tratcs and	four of section ninety-nine of tbe Parliamentary Elec­
Elections Act,
1012 .	torates and Elections Act, 1912, as inserted therein by section six of the Parliamentary Elections (Amendment) Act, 1918, arc hereby repealed.
Regulations.	H , Tlic Govei’iior may make any regulations Avbich it is necessary or expedient to make to carry out tbe provisions of this Act, and any sucb regulations AvlK'n published in the Gazette shall liaA e the force of law.

IND U STR IA L