Queensland Consolidated Acts

JAMES COOK UNIVERSITY ACT 1997 - SECT 85

85 Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period

(1) This section applies if a casual vacancy in the office of an elected member mentioned in section 15(2)(f)—

(a) exists at the start of the transition period; or

(b) arises during the transition period.

(2) If the elected member was elected by a ballot under previous section 15(3) or at a council election, the council may appoint to the office the one person, if any, who—

(a) was a candidate for the office in the ballot or 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 by a ballot under previous section 15(3) or at a council election; or

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

(4) The council may appoint to the office a member of the convocation 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 15(2)(f).

(5) A person appointed under this section—

(a) is appointed for the balance of the term of office of the person’s predecessor; and

(b) is taken, other than for subsection (2) or (3)(a), to have been elected at a council election.