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Ch7 The parliamentary calendar / A PARLIAMENT / Expiration



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House of Representatives                                Ch 7                                                 p 222

 

The parliamentary calendar / A PARLIAMENT

 

Expiration

Section 28 of the Constitution provides that a House of Representatives may ‘continue for three years from the first meeting of the House, and no longer’. This requirement is interpreted as meaning that a Parliament not earlier dissolved expires at midnight on the day before the third anniversary of the first day of sitting. 1 The 3rd Parliament has been the only one to expire by effluxion of time. This Parliament first met on 20 February 1907 and the final meeting was on 8 December 1909, after which Parliament was prorogued until 26 January 1910. On 18 January 1910 Parliament was further prorogued until 19 February 1910 at which time it expired. Writs for the election of Members of the House of Representatives were then issued on 28 February 1910. Expiration affects the House of Representatives (and the Senate) in the same way as a dissolution.



Interpretation supported by opinion of Acting Solicitor-General, dated 14 May 1992.