Queensland Consolidated Acts

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JAMES COOK UNIVERSITY ACT 1997 - SECT 20A

20A Dealing with casual vacancy in office of an elected member

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

(2) If the elected member was elected by a ballot under section 15(3), the council must appoint to the office the one person, if any, who—

(a) was a candidate for the office in the ballot; and
(b) was not elected; and
(c) received the highest number of votes of all the candidates who were not elected; and
(d) is eligible, under this Act, to be a member; and
(e) is willing to be, and available to perform the functions of, a member.

(3) Subsection (4) applies if—

(a) the elected member was not elected by a ballot; or
(b) no-one is eligible for appointment under subsection (2).

(4) A person is to be elected to the office by a ballot under section 15(3).

(5) Despite subsection (4)—

(a) if the elected member was a student—the council may appoint a student to the office; and
(b) if the elected member was a member of the convocation—the council may appoint a member of the convocation to the office.

(6) A person appointed under subsection (2) or (5) is taken to have been elected under section 15.

(7) In this section—

member of the convocation does not include a member of the convocation who is eligible for membership of the council under section 15(2)(a), (b), (c), (d) or (e).



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