Constitution Act 1902

A Member of the Legislative Council shall cease to be a Member of the Legislative Council—

on the day of his death,

on the day on which his seat as such a Member becomes vacant, otherwise than by reason of paragraph (c), or

on the day on which his term of service as a Member expires under subsection (2), (3) or (4),

whichever first occurs.

Subject to subsection (4), the term of service of a Member of the Legislative Council (other than a long-term continuing Member) shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the second general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.

Subject to subsection (4), the term of service of a long-term continuing Member shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the third general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.

The term of service of a Member of the Legislative Council elected to fill the seat of another Member which has become vacant otherwise than by reason of subsection (1) (c) shall expire on the day on which that other Member’s seat would have become vacant by reason of subsection (1) (c).

In this section, long-term continuing Member means—

a member of the Legislative Council who was one of the first 12 Members elected at the third-last periodic Council election held before the commencement of the 1991 reconstitution Act, or

a Member of the Legislative Council who was one of the first 6 Members elected at the second-last periodic Council election held before that commencement, or

if the seat of a Member referred to in paragraph (a) or (b) has become vacant since the periodic Council election concerned—a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.