Document ID: chunk:federal_register_of_legislation:C2024C00651:section:17:p2
Version: federal_register_of_legislation:C2024C00651
Segment Type: section
Provision Reference: s 17 (pt 2/2)
Character Range: 61997–63481

the same time as those elections for that House, a candidate either for election as a senator or as a member of the House of Representatives;
  and both:
 (iii) the Trust does not determine under section 15A that his or her failure to be such a candidate is to be treated as an invalidity retirement; and
 (iv) he or she does not satisfy the Trust that his or her failure to be such a candidate was due to:
 (A) his or her failure to secure the support of a political party from which he or she reasonably sought support; or
 (B) his or her expulsion from a political party; or
 (b) if he or she was such a candidate but did not, in the opinion of the Trust, genuinely desire to be elected.
 (5) A member shall be deemed to have retired voluntarily if his or her place becomes vacant:
 (a) under section 20 or 38 of the Constitution; or
 (b) by reason of his or her becoming subject to any of the disabilities mentioned in paragraphs 44(iv) and (v) of the Constitution, or because he or she has directly or indirectly taken or agreed to take any fee or honorarium for services rendered to the Commonwealth, within the meaning of paragraph 45(iii) of the Constitution.
 (6) Notwithstanding anything contained in this section (except subsection (2)), a member shall be deemed to have retired voluntarily if he or she ceases to be a member in circumstances which, in the opinion of the Trust, should justly be treated as constituting a voluntary retirement for the purposes of this Part.