29Casual vacancy in office of elected member of Council

#### 29 Casual vacancy in office of elected member of Council 29 Casual vacancy in office of elected member of Council > > (1) In the event that a casual vacancy in the office of a member of the Council elected under section 8D (1) (a), (b) or (c) of the Act occurs: > > > > > (a) if less than half of that member’s term of office remains, the Council, as soon as practicable after the vacancy occurs, with the consent of the runner up in the most recent election for that office, may appoint the runner up to hold that office under section 8D (1) (a), (b) or (c) of the Act for the remainder of the term of office, or > > > > > (b) if the remainder of that member’s term of office is or exceeds half of the term of office, the Returning Officer is to conduct an election among those persons qualified to vote at such an election in accordance with the Act and this By-law to fill the vacancy for the balance of the term of office. > > > (1A) If the office is not filled in accordance with subclause (1) (a), the Council must by resolution appoint a person qualified to hold that office under section 8D (1) (a), (b) or (c) of the Act to hold office for the remainder of the term of office. > > > (2) An election referred to in subclause (1) (b) is to be conducted as soon as practicable after the vacancy occurs (or, in a case to which clause 30 applies, from some earlier time in accordance with that clause). > > > (2A) Despite clauses 9 (b) and 10 (b), the prescribed qualification for a person in an election referred to in subclause (1) (b) in respect of an elected (student) member is that, at the close of nominations for the election, the period of full-time study (or equivalent) remaining until completion of the person’s course at the university exceeds the balance of the term of office concerned. > > > (3) In this clause: > > > > runner up in an election means the person who, in the vote counting process at the election, was the last remaining candidate for election aside from the person who was declared elected. > > **cl 29:** Am 2012 (463), Sch 2 \[16\]; 2013 (532), Sch 1 \[19\]–\[22\]; 2016 (430), Sch 1 \[10\].