Speaker Tony Smith told parliament on Monday the date for the by-elections could not be set until new regulations were put in place to improve candidate processes in the wake of the citizenship fiasco.

The earliest possible date for the by-elections if the writs were issued on Monday would be June 23.

"As this regulation is not yet in force, there is no possibility of applying it if by-elections were held on June 23," Mr Smith said.

"I will continue to consult with the (electoral) commissioner and party leaders about the timing of the by-elections and I hope to be able to update the house later this week."

Labor frontbencher Tony Burke raised concerns about the ongoing delays.

"Respecting the independence of your role as Speaker, I do have to raise the issue that it is now taking longer to fill five seats than it would take to fill 150," Mr Burke said.

He said it could set an unwanted precedent in which the government of the day could delay a regulation for as long as it likes to determine when a by-election is held.

Mr Smith responded he had provided an update as a courtesy because the events are unusual.

Australian Associated Press