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Legislative Assembly for the ACT: 2003 Week 1 Hansard (18 February) . . Page.. 55 ..


MR STANHOPE (continuing):

(2) the choice of a person to hold the place of a 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resolution have effect from the commencement of the Fifth Assembly and continue in force unless and until amended or repealed by this or a subsequent Assembly or the relevant provisions of the legislation are amended by an Assembly.

Although the motion is quite lengthy, it is self-explanatory. The motion sets out the provisions that should apply in relation to the filling of a vacancy for the Senate, as established by precedent, and I commend it to the Assembly.

Question resolved in the affirmative.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Community Affairs and Minister for the Environment) (10.39): In accordance with the provisions of section 44 of the Commonwealth Electoral Act 1918, I advise the Assembly that I have received a notification from the President of the Senate that the place of the Honourable Margaret Reid, a senator for the Australian Capital Territory, has become vacant before the expiration of her term of service. I present the following paper:

Notification of a vacancy in the Senate - Letter from the President of the Senate to the Chief Minister of the Australian Capital Territory, dated 14 February 2003.

I move:

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

Question resolved in the affirmative.


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