Commonwealth Numbered Acts

CONSTITUTIONAL CONVENTION (ELECTION) ACT 1997 No. 128 of 1997 - SECT 119

(1) If the former delegate was, at the time of his or her election, a *grouped
candidate, the Chairman of the Convention may request the Electoral
Commissioner to determine whether the vacancy can be filled under this
section.

(2) A vacancy may be filled under this section if:

   (a)  another candidate, or other candidates, in the *group to which the
        former delegate belonged was not elected; and

   (b)  the candidate, or one of those candidates (as the case requires), is
        available and willing to fill the vacancy.

(3) If the Electoral Commissioner determines that the vacancy may be filled
under this section, he or she must declare elected the candidate ascertained
under subsection (4).

(4) The candidate ascertained for the purposes of subsection (3) is:

   (a)  if there is only one candidate who, in the opinion of the Electoral
        Commissioner, meets the requirements of paragraphs (2)(a) and (b)Šthat
        candidate; and

   (b)  if there is more than one such candidateŠthe candidate whose name
        appeared higher in the *list of candidates than all the other such
        candidates.

(5) The Electoral Commissioner must give written notice to the Chairman of the
Convention of:

   (a)  the name of the candidate who has been declared elected under this
        section; or

   (b)  the fact that the vacancy cannot be filled under this section.