sec.162When a councillor’s office becomes vacant

### sec.162 When a councillor’s office becomes vacant A councillor’s office becomes vacant if the councillor— ceases to be qualified to be a councillor under division 1 ; or is found, on a judicial review, to be ineligible to continue to be a councillor; or does not comply with section 169 ; or ceases to be a councillor under section 172 ; or is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent— in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or with the local government’s leave; or while the councillor is suspended under section 122 , 123 or 175K ; or resigns as a councillor by signed notice of resignation given to the chief executive officer; or is elected or appointed as mayor of the local government; or dies; or becomes a local government employee. A local government employee does not include— a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or a person prescribed under a regulation. s 162 amd 2018 No. 8 s 14 ; 2019 No. 30 ss 107 , 136 , 145 ; 2026 No. 5 s 65 (sec.162-ssec.1) A councillor’s office becomes vacant if the councillor— ceases to be qualified to be a councillor under division 1 ; or is found, on a judicial review, to be ineligible to continue to be a councillor; or does not comply with section 169 ; or ceases to be a councillor under section 172 ; or is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent— in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or with the local government’s leave; or while the councillor is suspended under section 122 , 123 or 175K ; or resigns as a councillor by signed notice of resignation given to the chief executive officer; or is elected or appointed as mayor of the local government; or dies; or becomes a local government employee. (sec.162-ssec.2) A local government employee does not include— a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or a person prescribed under a regulation. - (a) ceases to be qualified to be a councillor under division 1 ; or - (b) is found, on a judicial review, to be ineligible to continue to be a councillor; or - (c) does not comply with section 169 ; or - (d) ceases to be a councillor under section 172 ; or - (e) is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent— (i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or (ii) with the local government’s leave; or (iii) while the councillor is suspended under section 122 , 123 or 175K ; or - (i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or - (ii) with the local government’s leave; or - (iii) while the councillor is suspended under section 122 , 123 or 175K ; or - (f) resigns as a councillor by signed notice of resignation given to the chief executive officer; or - (g) is elected or appointed as mayor of the local government; or - (h) dies; or - (i) becomes a local government employee. - (i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or - (ii) with the local government’s leave; or - (iii) while the councillor is suspended under section 122 , 123 or 175K ; or - (a) a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or - (b) a person prescribed under a regulation.