Queensland Consolidated Acts

JAMES COOK UNIVERSITY ACT 1997 - SECT 20A

20A Dealing with casual vacancy in office of an elected member

(1) This section applies if a casual vacancy arises in the office of an elected member.

(2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—

(a) was a candidate for the office in the council election; and

(b) was not elected; and

(c) received the highest number of votes of all the candidates who were not elected; and

(d) is eligible, under this Act, to be a member; and

(e) is willing to be, and available to perform the functions of, a member.

(3) Subsection (4) applies if—

(a) the elected member was not elected at a council election; or

(b) no-one is eligible for appointment under subsection (2) .

(4) A person is to be elected to the office at a council election.

(5) Despite subsection (4) —

(a) if the elected member was a student—the council may appoint a student to the office; and

(b) if the elected member was a member of the convocation—the council may appoint a member of the convocation to the office.

(6) A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.

(7) In this section—

"member of the convocation" does not include a member of the convocation who is eligible for membership of the council under section 15 (2) (a) , (b) , (c) , (d) or (e) .