Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PARLIAMENT OF QUEENSLAND ACT 2001 - SECT 74

74 Effect of appeals against conviction or sentence

(1) This section applies if a member whose seat becomes vacant because of a conviction, or conviction and sentence, to which section 72(1)(i) or (n) applies (the disqualifying ground) appeals, or applies for leave to appeal, against the conviction or sentence within 1 calendar month after the conviction or sentence.

(2) If, on appeal, the conviction is quashed or set aside, or the sentence is changed to a sentence to which neither section 72(1)(i) nor (n) applies, the disqualifying ground is taken never to have happened.

(3) To ensure that subsection (2) has effect, a writ for an election to fill the vacancy in the member's seat caused by the disqualifying ground can not be issued--

(a) until at least 1 calendar month has passed after the seat becomes vacant; and
(b) if the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant--until the appeal has ended without subsection (2) applying.

(4) Subsection (3) does not prevent a writ for a general election being issued.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]