Northern Territory Consolidated Acts Northern Territory Consolidated Acts39. Casual vacancies
(1) A person ceases to hold office as a member of a council if the person:
(a) dies; or
(b) is disqualified from office as a member of the council; or
(c) ceases to be enrolled as an elector in respect of a place of residence within the area; or
(d) is absent, without permission of the council, from 2 consecutive ordinary meetings of the council; or
(e) resigns by written notice of resignation given to the CEO; or
(f) is removed from office by the Minister under Part 7.5.
(2) If a member ceases to hold office under subsection (1)(b) or (c), the former member must inform the CEO as soon as practicable of the casual vacancy in the former member's office, and of the reason for it.
Fault element: This is an offence of strict liability.
Maximum penalty: 100 penalty units.
(3) If a member gives a written notice of resignation to the CEO, the resignation:
(a) cannot be withdrawn; and
(b) takes effect on the date the notice is given to the CEO or on a date (not more than 14 days later) specified in the notice.
(4) On receipt of a written notice of resignation, the CEO must immediately notify the council.
(5) The following rules govern the filling of casual vacancies:
(a) if a casual vacancy occurs within 12 months or less before the next general election, the council may (in accordance with its policy) co-opt a person to fill the vacancy until the next general election;
(b) if a casual vacancy occurs more than 12 months before the next general election, a by-election is to be held to fill the vacancy.
(6) However, if:
(a) a member resigns in order to stand as a candidate for election to the Legislative Assembly or the Commonwealth House of Representatives or the Senate; and
(b) the resignation takes effect not more than 28 days before the close of nominations for the relevant election; and
(c) the former member is not elected, and applies to the CEO to be reinstated as a member of the council within 7 days after the result of the election is known;
the former member is reinstated as a member of the council.
(7) A member reinstated to office under subsection (6) is not entitled to remuneration or allowances for the period between resignation and reinstatement.