Dealing with casual vacancy in office of an elected member
20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the member was elected at a senate election, the senate must appoint to the office the one person, if any, who—
was a candidate for the office in the senate 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 senate election; or
no-one is eligible for appointment under subsection (2).
The senate must appoint to the office a person who—
is eligible, under this Act, to be a member; and
is an eligible person for the class of elected members of which the elected member was a member; and
otherwise meets any nomination requirements under the election policy for that class of elected members.
A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3)(a), to have been elected at a senate election.
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