James Cook University Act 1997

This section applies if a casual vacancy arises in the office of an elected member.

If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—

was a candidate for the office in the council election; and

was not elected; and

received the highest number of votes of all the candidates who were not elected; and

is eligible, under this Act, to be a member; and

is willing to be, and available to perform the functions of, a member.

Subsection (4) applies if—

the elected member was not elected at a council election; or

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

A person is to be elected to the office at a council election.

Despite subsection (4), if the elected member was an undergraduate or postgraduate student, the council may appoint a student of that type to the office.

A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3)(a), to have been elected at a council election.