sec.72Vacating seats of members in particular circumstances

### sec.72 Vacating seats of members in particular circumstances A member’s seat in the Assembly becomes vacant if any of the following happens— the member fails to take his or her seat within 21 sitting days after being elected as a member; Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act. the member stops being enrolled on the electoral roll for the member’s electoral district or another electoral district; the member stops being an Australian citizen; the member takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to, or becomes an agent of, a foreign state or power; the member becomes a member of the Commonwealth Parliament or of a legislature of another State; the member accepts a paid public appointment, other than a paid State appointment; The effect of purporting to accept a paid State appointment is dealt with under section 69 . the member is elected or appointed as mayor or a councillor of a local government of the State or another State; the Assembly by resolution— decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and decides not to make a declaration under section 73 ; the member is convicted of any of the following offences— an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; an offence against the Criminal Code , section 59 or 60 ; a disqualifying electoral offence; treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; the member becomes a bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; the member— has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and breaches the terms of the deed; the member’s creditors accept a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the member breaches the terms of the composition; the member is absent without the Assembly’s permission from the Assembly for more than 12 consecutive sitting days, whether over 1 or more sessions; anything else happens that causes the member’s seat to be vacant under another law. For subsection (1) (d) , it does not matter that a member may acquire or use a foreign passport or travel document. For subsection (1) (i) (i) , the following apply— if the sentence of imprisonment is suspended, the provision does not apply; however, if the member is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies. In this section— disqualifying electoral offence see the Electoral Act 1992 , schedule 1 . s 72 amd 2002 No. 8 s 62 ; 2010 No. 37 s 70 sch ; 2013 No. 43 s 3 ; 2023 No. 31 s 14 sch 1 (sec.72-ssec.1) A member’s seat in the Assembly becomes vacant if any of the following happens— the member fails to take his or her seat within 21 sitting days after being elected as a member; Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act. the member stops being enrolled on the electoral roll for the member’s electoral district or another electoral district; the member stops being an Australian citizen; the member takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to, or becomes an agent of, a foreign state or power; the member becomes a member of the Commonwealth Parliament or of a legislature of another State; the member accepts a paid public appointment, other than a paid State appointment; The effect of purporting to accept a paid State appointment is dealt with under section 69 . the member is elected or appointed as mayor or a councillor of a local government of the State or another State; the Assembly by resolution— decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and decides not to make a declaration under section 73 ; the member is convicted of any of the following offences— an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; an offence against the Criminal Code , section 59 or 60 ; a disqualifying electoral offence; treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; the member becomes a bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; the member— has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and breaches the terms of the deed; the member’s creditors accept a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the member breaches the terms of the composition; the member is absent without the Assembly’s permission from the Assembly for more than 12 consecutive sitting days, whether over 1 or more sessions; anything else happens that causes the member’s seat to be vacant under another law. (sec.72-ssec.2) For subsection (1) (d) , it does not matter that a member may acquire or use a foreign passport or travel document. (sec.72-ssec.3) For subsection (1) (i) (i) , the following apply— if the sentence of imprisonment is suspended, the provision does not apply; however, if the member is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies. (sec.72-ssec.4) In this section— disqualifying electoral offence see the Electoral Act 1992 , schedule 1 . - (a) the member fails to take his or her seat within 21 sitting days after being elected as a member; Note— Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act. - (b) the member stops being enrolled on the electoral roll for the member’s electoral district or another electoral district; - (c) the member stops being an Australian citizen; - (d) the member takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to, or becomes an agent of, a foreign state or power; - (e) the member becomes a member of the Commonwealth Parliament or of a legislature of another State; - (f) the member accepts a paid public appointment, other than a paid State appointment; Note— The effect of purporting to accept a paid State appointment is dealt with under section 69 . - (g) the member is elected or appointed as mayor or a councillor of a local government of the State or another State; - (h) the Assembly by resolution— (i) decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and (ii) decides not to make a declaration under section 73 ; - (i) decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and - (ii) decides not to make a declaration under section 73 ; - (i) the member is convicted of any of the following offences— (i) an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; (ii) an offence against the Criminal Code , section 59 or 60 ; (iii) a disqualifying electoral offence; (iv) treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; - (i) an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; - (ii) an offence against the Criminal Code , section 59 or 60 ; - (iii) a disqualifying electoral offence; - (iv) treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; - (j) the member becomes a bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; - (k) the member— (i) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and (ii) breaches the terms of the deed; - (i) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and - (ii) breaches the terms of the deed; - (l) the member’s creditors accept a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the member breaches the terms of the composition; - (m) the member is absent without the Assembly’s permission from the Assembly for more than 12 consecutive sitting days, whether over 1 or more sessions; - (n) anything else happens that causes the member’s seat to be vacant under another law. - (i) decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and - (ii) decides not to make a declaration under section 73 ; - (i) an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; - (ii) an offence against the Criminal Code , section 59 or 60 ; - (iii) a disqualifying electoral offence; - (iv) treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; - (i) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and - (ii) breaches the terms of the deed; - (a) if the sentence of imprisonment is suspended, the provision does not apply; - (b) however, if the member is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.