Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 18C

Suspension—ending suspension

    (1)     If the Speaker does not comply with section 18B (1), the suspension ends at the end of the notice day.

    (2)     If the relevant Assembly committee fails to hold a meeting as required under section 18B (2), the suspension ends on the day after the last day when the meeting could have been held.

    (3)     If the relevant Assembly committee makes a recommendation mentioned in section 18B (5) (a) and the Speaker does not end the suspension within 1 business day after the day the recommendation is made—

        (a)     the committee may at any time resolve to make a statement to the Legislative Assembly recommending that the suspension be ended; and

        (b)     if the committee makes a statement mentioned in paragraph (a) and—

              (i)     the Legislative Assembly resolves to end the suspension—the suspension ends on the passing of the resolution; or

              (ii)     the Legislative Assembly does not deal with the statement within 3 sitting days—the suspension ends at the end of the 3rd sitting day.

    (4)     If the relevant Assembly committee makes a statement mentioned in section 18B (5) (b)—

        (a)     the Legislative Assembly may resolve to require the Speaker to end the member's appointment; but

        (b)     if the Legislative Assembly does not, within 3 sitting days, pass a resolution mentioned in paragraph (a)—the suspension ends at the end of the 3rd sitting day.

    (5)     If the Speaker ends the member's suspension, the Speaker must give written notice of the ending of the suspension and a copy of a statement of the reasons for ending the suspension to the member and the relevant Assembly committee.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (6)     In this section:

"notice day"—see section 18B (2) (a).



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