Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A member of the
Legislative Council elected to fill any vacancy arising otherwise than by
effluxion of time shall hold the seat during the unexpired portion of the term
for which the previous member would have been entitled to hold it, and no
longer.
(2)
Subsection (1) does not affect the operation of any enactment under which
a member may cease to be a member, or the seat of a member may become vacant,
otherwise than by effluxion of time.
(3) The provisions of
this Act and the Electoral Act 1907 as to the occurrence and filling of
vacancies in the seats of members of the Council extend, with any appropriate
modifications, to cases where —
(a) a
person has been elected as a member but the term of office for which the
person was elected has not begun; or
(b) the
election of a person as a member is void and the term of office for which the
person would have been elected, if the election had not been void, would have
begun on 22 May next following the election.
[Section 10 amended by No. 40 of 1987
s. 11; No. 36 of 2000 s. 56.]