Queensland Consolidated Acts

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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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