Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 341

341 Filling particular vacancies in office of another councillor under new s 166A

(1) This section applies if a local government decides under new section 166(2), as applied under section 340, that a vacancy in the office of a councillor, other than the mayor, is to be filled by following the procedure under new section 166A.

(2) Despite section 338(2) and (3)(b) and new section 159(b)—

(a) anything done during the relevant period under former section 166A for filling the vacant office is taken to have been done under new section 166A; and

(b) if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), the runner-up is taken—

(i) to have been appointed under new section 166A(4)(b) on the commencement; and

(ii) to have held office as a councillor continuously from that day.

(3) Subsection (4) applies if—

(a) during the relevant period, the electoral commission gave a vacancy notice, under former section 166A(3), to a runner-up; and

(b) the deadline for the runner-up was a day after the end of the relevant period; and

(c) the runner-up did not, before the end of the relevant period, consent to being appointed to the vacant office.

(4) The electoral commission must, under new section 166A(6), as applied under section 340, extend the day and time stated in the vacancy notice to a day and time after the day the decision mentioned in subsection (1) was made.