sec.20ADealing with casual vacancy in office of an elected member

### sec.20A Dealing with casual vacancy in office of an elected member This section applies if a casual vacancy arises in the office of an elected member. If the member was elected at a senate election, the senate must appoint to the office the one person, if any, who— was a candidate for the office in the senate election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member. Subsection (4) applies if— the elected member was not elected at a senate election; or no-one is eligible for appointment under subsection (2) . The senate must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members. A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election. s 20A ins 2002 No. 75 s 65 amd 2017 No. 36 s 132 (sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member. (sec.20A-ssec.2) If the member was elected at a senate election, the senate must appoint to the office the one person, if any, who— was a candidate for the office in the senate election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member. (sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a senate election; or no-one is eligible for appointment under subsection (2) . (sec.20A-ssec.4) The senate must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members. (sec.20A-ssec.5) A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election. - (a) was a candidate for the office in the senate election; and - (b) was not elected; and - (c) received the highest number of votes of all the candidates who were not elected; and - (d) is eligible, under this Act, to be a member; and - (e) is willing to be, and available to perform the functions of, a member. - (a) the elected member was not elected at a senate election; or - (b) no-one is eligible for appointment under subsection (2) . - (a) is eligible, under this Act, to be a member; and - (b) is an eligible person for the class of elected members of which the elected member was a member; and - (c) otherwise meets any nomination requirements under the election policy for that class of elected members.