LOCAL GOVERNMENT ACT 2009 - SECT 162 When a councillor’s office becomes vacant

LOCAL GOVERNMENT ACT 2009 - SECT 162

162 When a councillor’s office becomes vacant

(1) A councillor’s office becomes vacant if the councillor—

(a) ceases to be qualified to be a councillor under division 1 ; or

(b) is found, on a judicial review, to be ineligible to continue to be a councillor; or

(c) does not comply with section 169 ; or

(d) ceases to be a councillor under section 172 ; or

(e) is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent—

(i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or

(ii) with the local government’s leave; or

(iii) while the councillor is suspended under section 122 , 123 or 175K ; or

(f) resigns as a councillor by signed notice of resignation given to the chief executive officer; or

(g) dies; or

(h) becomes a local government employee.

(2) A
"local government employee" does not include—

(a) a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or

(b) a person prescribed under a regulation.