Northern Territory Consolidated Acts

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ELECTORAL ACT 2004 - SECT 322

Vacancy in office

    (1)     The office of Commissioner becomes vacant if:

        (a)     the Commissioner resigns under section 323; or

        (b)     the Commissioner's appointment is terminated under section 324; or

        (c)     the Commissioner is found guilty of an offence, whether in the Territory or elsewhere, for which the maximum penalty is imprisonment for a term of at least 12 months, with or without a fine; or

        (d)     the Commissioner is sentenced to imprisonment for an offence, whether in the Territory or elsewhere and whether or not the sentence is suspended; or

        (e)     the Commissioner becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

        (f)     the Commissioner becomes a candidate for election as a member of an Australian parliament or a local government council; or

        (g)     the Commissioner is no longer an eligible person for appointment.

    (2)     A decision, an act or an omission of the Commissioner is not invalid only because of a defect in the appointment of the Commissioner, including not being an eligible person for appointment.



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