James Cook University Act 1997

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

exists at the start of the transition period; or

arises during the transition period.

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—

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

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

The council may appoint to the office a member of the convocation who—

is eligible under this Act to be a member; and

otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f).

A person appointed under this section—

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

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