The Editor, Sir:

A number of persons have, in various sections of the media, made statements that general elections is 'constitutionally due' by October of this year. We thought it appropriate to point out that under Section 64 (2) of the Constitution, Parliament shall, unless sooner dissolved, continue forfive years from the date of its first sitting after the dissolution that led to the general election. This first sitting took place on November 14, 2002, when the members of the House of Representatives and the Senators were sworn in.

Under Section 66 (1), once Parliament has been dissolved, general election must be held within three months of the dissolution of Parliament.

That being so, the 'constitutionally due' date for general election would actually be no later than February 14, 2008.

I am, etc.,

GEOFF MADDEN

Divisional director

Attorney-General's Chambers