CONSTITUTION ACT 1975 - SECT 27A Filling of casual vacancies in the Council

CONSTITUTION ACT 1975 - SECT 27A

    (1)     Subject to this section, if a casual vacancy occurs in the seat of a member of the Council, a person must be chosen to occupy the vacant seat by a joint sitting of the Council and the Assembly.

    (2)     A joint sitting of the Council and the Assembly need not be held if the casual vacancy occurs 3 months or less before the day on which the seat would have become vacant due to the expiry of the Assembly.

    (3)     Subsection (4) applies if a casual vacancy occurs in the seat of a member of the Council who was at the time that the member was elected endorsed as a candidate in the election by a registered political party the name of which was printed adjacent to the name of the candidate on the ballot-paper under section 74 of the Electoral Act 2002 .

    (4)     If this subsection applies, the joint sitting of the Council and the Assembly must choose a member of the registered political party referred to in subsection (3) nominated by that registered political party if the registered political party nominates a member of the registered political party for the vacancy who would otherwise be qualified to be elected a member of the Council.

    (5)     If subsection (4) does not apply, the joint sitting of the Council and the Assembly must choose a person who—

        (a)     would otherwise be qualified to be elected as a member of the Council and has resided in the region to which the vacancy relates for a period of not less than 12 months immediately before the joint sitting; and

        (b)     has not been a member of a political party at any time during the period of 5 years immediately before the joint sitting.

    (6)     Subject to subsection (7), the joint sitting of the Council and the Assembly is to be conducted in accordance with the rules adopted by the members present at the joint sitting.

    (7)     At the joint sitting of the Council and the Assembly—

        (a)     the members have the same privileges and immunities as the members of the Assembly in relation to proceedings before that House;

        (b)     a question—

              (i)     other than a question to which subparagraph (ii) applies, is to be decided by a majority of the votes cast by the members present at the joint sitting;

              (ii)     for the purpose of subsection (5) is to be decided by a special majority being 3/5ths of the whole number of members of both the Council and the Assembly present at the joint sitting;

        (c)     in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative.

No. 6224 ss 70– 72.

S. 28 substituted by Nos 10106 s. 5, 2/2003 s. 5.