ACT Legislative Assembly


Continuing resolution 9

SENATOR FOR THE AUSTRALIAN CAPITAL TERRITORY PROCEDURES FOR ELECTION

This resolution provides for the election of a senator for the Australian Capital Territory when there is a vacancy in that office.

Resolution agreed by the Assembly

18 February 2003

That—

(1)     in accordance with the provisions of section 44 of the Commonwealth Electoral Act 1918, should the Chief Minister advise the Assembly of the receipt of a notification from the President of the Senate that the place of a senator for the Australian Capital Territory has become vacant before the expiration of his or her term of service, the Chief Minister shall present to the Assembly the notification from the President of the Senate or a copy of the notification and, notwithstanding the provisions of standing order 123, shall, unless the Assembly otherwise orders, move either:

That consideration of the choice of a person to hold the vacant place of a senator for the Australian Capital Territory shall proceed forthwith; or

That consideration of the choice of a person to hold the vacant place of a senator for the Australian Capital Territory shall be set down for a future day; and

should consideration be set down for a future day, notwithstanding the provisions of standing order 77, it shall have precedence of all Executive, private Members’ and Assembly business on that day;

(2)     the choice of a person to hold the place of the senator shall be conducted as follows:

(a)     a Member shall propose the name of a person and move that such person be chosen to hold the place of the senator whose place has become vacant until the expiration of his or her term;

(b)     the Member proposing the name of a person must, notwithstanding the provisions of standing order 211, present a statutory declaration from the person proposed declaring that the person is eligible to be chosen as a senator and that, where relevant, he or she is a member of the same party as the senator whose place has become vacant as required by section 44 (3) of the Commonwealth Electoral Act 1918 unless there is no member of that party available;

(c)     the Member proposing the name of a person [the candidate] to move that:

that [the candidate], a person who is eligible to be a senator and is of the same party of [the senator] whose place has become vacant, be chosen to fill the casual vacancy for senator for the Australian Capital Territory until the expiration of the term of the outgoing senator and the question shall be proposed forthwith;

(d)     this resolution has effect from the commencement of the Fifth Assembly and continues in force unless and until amended or repealed by this or a subsequent Assembly or the relevant provisions of the legislation are amended by an Assembly.

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Page last updated on 30 May 2016
2015 Legislative Assembly for the ACT