Document ID: chunk:federal_register_of_legislation:C2025C00152:section:44:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 44 (pt 2/2)
Character Range: 84857–86881

shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.
 (4) Where:
 (a) in accordance with subsection (3), a person who is a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
 (b) before commencing to hold the place, the person ceases to be a member of that party (otherwise than by reason of the party having ceased to exist);
the person shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with subsection (5).
 (5) Whenever the place of a senator for a Territory becomes vacant before the expiration of his or her term of service:
 (a) in the case of a senator for the Australian Capital Territory—the President of the Senate shall notify the Chief Minister for the Australian Capital Territory of the vacancy;
 (b) in the case of a senator for the Northern Territory—the President of the Senate shall notify the Administrator of the Northern Territory of the vacancy; and
 (c) in the case of a senator for a Territory other than the Northern Territory or the Australian Capital Territory—the President of the Senate shall notify the Governor‑General of the vacancy.
 (6) The name of any senator chosen or appointed under subsection (1) or (2) shall be certified by the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory, as the case may be, to the Governor‑General.
 (6A) The name of any senator chosen by the members of the Senate and the House of Representatives under subsection (2A) shall be certified by the President of the Senate to the Governor‑General.
 (7) Except in so far as the contrary intention appears in this section, an expression that is used in this section and in section 15 of the Constitution has, in this section, the same meaning as in section 15 of the Constitution.

Division 3—Representation of the States and Territories in the House of Representatives