sec.74Effect of appeals against conviction or sentence

### sec.74 Effect of appeals against conviction or sentence This section applies if a member whose seat becomes vacant because of a conviction, or conviction and sentence, to which section 72 (1) (i) or (n) applies (the disqualifying ground ) appeals, or applies for leave to appeal, against the conviction or sentence within 1 calendar month after the conviction or sentence. If, on appeal, the conviction is quashed or set aside, or the sentence is changed to a sentence to which neither section 72 (1) (i) nor (n) applies, the disqualifying ground is taken never to have happened. To ensure that subsection (2) has effect, a writ for an election to fill the vacancy in the member’s seat caused by the disqualifying ground can not be issued— until at least 1 calendar month has passed after the seat becomes vacant; and if the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant—until the appeal has ended without subsection (2) applying. Subsection (3) does not prevent a writ for a general election being issued. (sec.74-ssec.1) This section applies if a member whose seat becomes vacant because of a conviction, or conviction and sentence, to which section 72 (1) (i) or (n) applies (the disqualifying ground ) appeals, or applies for leave to appeal, against the conviction or sentence within 1 calendar month after the conviction or sentence. (sec.74-ssec.2) If, on appeal, the conviction is quashed or set aside, or the sentence is changed to a sentence to which neither section 72 (1) (i) nor (n) applies, the disqualifying ground is taken never to have happened. (sec.74-ssec.3) To ensure that subsection (2) has effect, a writ for an election to fill the vacancy in the member’s seat caused by the disqualifying ground can not be issued— until at least 1 calendar month has passed after the seat becomes vacant; and if the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant—until the appeal has ended without subsection (2) applying. (sec.74-ssec.4) Subsection (3) does not prevent a writ for a general election being issued. - (a) until at least 1 calendar month has passed after the seat becomes vacant; and - (b) if the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant—until the appeal has ended without subsection (2) applying.