51Casual vacancy to be filled

#### 51 Casual vacancy to be filled 51 Casual vacancy to be filled > > (1) A person is to be appointed in accordance with this clause to fill a casual vacancy in the office of a councillor representing a Region. > > > > Note. > > > > A person who is appointed to fill a casual vacancy is appointed as a councillor for the remainder of the term of office and has, therefore, all the functions of a councillor. > > > (2) The Minister is to appoint the person who, at the time of the count at which the councillor was declared elected, was the candidate for election with the second highest number of votes. > > > (3) If no person is available for appointment in accordance with subclause (2), the Minister is, after consulting with the New South Wales Aboriginal Land Council, to appoint a person who is qualified to be a candidate for election to the position (whether or not the person was a candidate for election). > > > (4) This clause does not apply to a casual vacancy in the office of a councillor caused by the operation of section 226(2) of the Act (being a casual vacancy caused by the removal of all councillors from office after the appointment of an administrator to administer all of the functions of the New South Wales Aboriginal Land Council).