QLDIn ForceAct
Local Government Act 2009
sec.340Filling particular vacancies in office of another councillor generally
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### sec.340 Filling particular vacancies in office of another councillor generally
This section applies if—
during the relevant period, the office of a councillor, other than the mayor, became vacant under former section 162; and
either of the following applies—
immediately before the commencement, the office had not been filled;
on the commencement, the office is taken, under section 338, to be vacant.
New chapter 6, part 2, division 3 applies for filling the vacant office.
However, despite new section 163(3), the local government must fill the vacant office within 2 months after the commencement.
Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .
This section is subject to section 341.
s 340 ins 2020 No. 38 s 52
(sec.340-ssec.1) This section applies if— during the relevant period, the office of a councillor, other than the mayor, became vacant under former section 162; and either of the following applies— immediately before the commencement, the office had not been filled; on the commencement, the office is taken, under section 338, to be vacant.
(sec.340-ssec.2) New chapter 6, part 2, division 3 applies for filling the vacant office.
(sec.340-ssec.3) However, despite new section 163(3), the local government must fill the vacant office within 2 months after the commencement.
(sec.340-ssec.4) Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .
(sec.340-ssec.5) This section is subject to section 341.
- (a) during the relevant period, the office of a councillor, other than the mayor, became vacant under former section 162; and
- (b) either of the following applies— (i) immediately before the commencement, the office had not been filled; (ii) on the commencement, the office is taken, under section 338, to be vacant.
- (i) immediately before the commencement, the office had not been filled;
- (ii) on the commencement, the office is taken, under section 338, to be vacant.
- (i) immediately before the commencement, the office had not been filled;
- (ii) on the commencement, the office is taken, under section 338, to be vacant.