QLDIn ForceAct
City of Brisbane Act 2010
sec.166Filling a vacancy in the office of another councillor
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### sec.166 Filling a vacancy in the office of another councillor
This section applies if the council is to fill a vacant office of a councillor (the former councillor ) who is not the mayor.
If the office becomes vacant during the beginning or middle of the council’s term, the vacant office must be filled by a by-election.
If the office becomes vacant during the final part of the council’s term, the vacant office must be filled by the council appointing, by resolution, a person who is—
qualified to be a councillor; and
if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.
If the person who is to be appointed is to be the political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.
The request must be made by a written notice given to the political party’s registered officer, within 14 days after the office becomes vacant.
If the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations from—
any person who is qualified to be a councillor, by written notice published—
on the council’s website; and
in other ways the chief executive officer considers appropriate; and
each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.
If the chief executive officer receives any nominations from qualified persons or candidates, the council must fill the vacant office by appointing one of those persons or candidates.
s 166 amd 2011 No. 27 s 249 ; 2023 No. 30 s 6
(sec.166-ssec.1) This section applies if the council is to fill a vacant office of a councillor (the former councillor ) who is not the mayor.
(sec.166-ssec.2) If the office becomes vacant during the beginning or middle of the council’s term, the vacant office must be filled by a by-election.
(sec.166-ssec.3) If the office becomes vacant during the final part of the council’s term, the vacant office must be filled by the council appointing, by resolution, a person who is— qualified to be a councillor; and if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.
(sec.166-ssec.4) If the person who is to be appointed is to be the political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.
(sec.166-ssec.5) The request must be made by a written notice given to the political party’s registered officer, within 14 days after the office becomes vacant.
(sec.166-ssec.6) If the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations from— any person who is qualified to be a councillor, by written notice published— on the council’s website; and in other ways the chief executive officer considers appropriate; and each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.
(sec.166-ssec.7) If the chief executive officer receives any nominations from qualified persons or candidates, the council must fill the vacant office by appointing one of those persons or candidates.
- (a) qualified to be a councillor; and
- (b) if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.
- (a) any person who is qualified to be a councillor, by written notice published— (i) on the council’s website; and (ii) in other ways the chief executive officer considers appropriate; and
- (i) on the council’s website; and
- (ii) in other ways the chief executive officer considers appropriate; and
- (b) each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.
- (i) on the council’s website; and
- (ii) in other ways the chief executive officer considers appropriate; and