16Terms of office

#### 16 Terms of office 16 Terms of office > > (1) For the purposes of this Act, a person elected as a member of the Legislative Council is to be taken— > > > > > (a) to become a member of the Legislative Council on the day of his or her election, and > > > > > (b) to cease to be a member of the Legislative Council on— > > > > > > > (i) the day of his or her death, or > > > > > > > (ii) the day on which his or her seat as such a member becomes vacant, otherwise than pursuant to section 22B (1) (c) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), or > > > > > > > (iii) the day appointed for the taking of the poll for the periodic Council election within the meaning of that Act that next follows the day on which he or she ceases, pursuant to section 22B (1) (c) of that Act, to be a member of the Legislative Council, > > > > > > whichever first occurs. > > > (2) For the purposes of this Act, a person elected as a member of the Legislative Assembly is to be taken— > > > > > (a) to become a member of the Legislative Assembly on the day of his or her election, and > > > > > (b) to cease to be a member of the Legislative Assembly on— > > > > > > > (i) the day of his or her death, or > > > > > > > (ii) the day on which his or her seat as such a member becomes vacant, otherwise than by reason of the fact that that Assembly has been dissolved or has expired by the effluxion of time, or > > > > > > > (iii) the day appointed for the taking of the poll for the general election of members of the Legislative Assembly next following his or her election, > > > > > > whichever first occurs. > > > (3) For the purposes of this Act, a person who continues as President, or as Deputy President and Chair of Committees, of the Legislative Council under section 22G (6A) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) does not cease to be a member of the Legislative Council while so continuing as President or as Deputy President and Chair of Committees. > > > (4) For the purposes of this Act, a person who continues as Speaker, or as Deputy Speaker, of the Legislative Assembly under section 31 (5) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) does not cease to be a member of the Legislative Assembly while so continuing as Speaker or as Deputy Speaker. > > **s 16:** Am 2014 No 61, Sch 2.