Legal Advice On By-elections

The Minister of Justice, Tony Ryall, today released advice received from the Ministry of Justice outlining the law regarding the holding of by-elections.

"The law is clear in this area. A by-election must be held unless 75 percent of the House agrees that a by-election is not necessary and either:

1. the Prime Minister informs the House that the general election will be within six months of the date of the Member's resignation; OR,

2. the Member resigns within six months of the expiration of Parliament.

"The Parliament will expire on 1 November 1999.

"As of 1 May 1999 the Prime Minister was not obliged to name a date for the general election, should a Member of Parliament resign and 75 percent of the House agree that a by-election should not be held.