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JAMES COOK UNIVERSITY ACT 1997 - SECT 22O
Dealing with casual vacancy in office of elected member
22O Dealing with casual vacancy in office of elected member
(1) This section applies if a casual vacancy arises, or will arise, in the
office of an elected member, whether— (a) before a membership resolution
takes effect for elected members of the class (the
"relevant class" ) of which the elected member was, or is, a member; or
(b)
otherwise.
(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)
Subsections (4) to (6) apply if— (a) the elected member was not elected at a
council election; or
(b) no-one is eligible for appointment under subsection
(2) .
(4) If the casual vacancy arises before a membership resolution takes
effect for elected members of the relevant class, the council may appoint to
the office a person who— (a) is eligible, under this Act, to be a member;
and
(b) is an eligible person for the relevant class; and
(c) otherwise
meets any nomination requirements under the election policy for the
relevant class.
(5) If the casual vacancy does not arise before a membership
resolution takes effect for elected members of the relevant class, a person is
to be elected to the office at a council election.
(6) Despite subsection (5)
, if the elected member was a student, the council may appoint to the office a
student who— (a) is eligible, under this Act, to be a member; and
(b)
otherwise meets any nomination requirements under the election policy for the
class of elected members mentioned in section 22F (1) (c) .
(7) A person
appointed under subsection (2) , (4) or (6) is taken, other than for
subsection (2) or (3) (a) , to have been elected at a council election.
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