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s 55

Reinstatement if member stands as candidate

In force
Chapter 4Council and its members
Part 4.2Council members
Division 3Terms and conditions of membership
Subdivision 2Casual vacancies

55 Reinstatement if member stands as candidate

(1) Despite section 54, a person is reinstated as a member of the council if:

(a) the person resigns in order to stand as a candidate for election to the Legislative Assembly, the Commonwealth House of Representatives or the Senate; and

(b) the resignation takes effect not more than 28 days before the close of nominations for the relevant election; and

(c)

the person is not elected; and

(d) the person applies to the CEO to be reinstated as a member of the council within 7 days after the result of the election is declared.

(2) A person reinstated to office under subsection (1) is not entitled to any remuneration, allowances, expenses or benefits for the period between resignation and reinstatement.

(3) If the person reinstated to office under subsection (1) is the principal member:

(a) the vacancy is taken to be a period during which the member was absent from official duties; and

(b)

the member is reinstated as the principal member.

(4) If the member reinstated to office under subsection (1) is the deputy principal member:

(a) if the member's term of office as the deputy principal member did not expire during the period between resignation and reinstatement – the member is reinstated as the deputy principal member; or

(b) if the member's term of office as the deputy principal member expired during the period between resignation and reinstatement – the member is reinstated as an ordinary member.

(5) A member ceases to hold office as a member of the council under this section if the result of the election is declared and:

(a)

the member has been elected; or

(b) the member has not been elected, the period for applying for reinstatement under subsection (1) has expired and the former member has not applied for reinstatement.

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