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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Community trusts - Trustees

379: Extraordinary vacancies

You could also call this:

"Filling a sudden empty spot on a community trust when a trustee leaves their job early."

If you are a trustee of a community trust and you leave your job under section 378, this creates an extraordinary vacancy. You can find out more about this in section 378. When this happens, the vacancy must be filled by an election, which follows the rules of the Local Electoral Act 2001.

If the vacancy happens close to the next election, the trust can decide what to do. They can either leave the position empty until the next election or appoint someone to fill the vacancy. If they appoint someone, that person is treated as if they were elected.

When someone fills an extraordinary vacancy, they only get to be in that job for the rest of the time the previous trustee was supposed to be there.

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Part 3Licensing trusts, community trusts, and other matters
Community trusts: Trustees

379Extraordinary vacancies

  1. An extraordinary vacancy in the office of a trustee of a community trust occurs when a trustee vacates office under section 378.

  2. An extraordinary vacancy must be filled by an election under the applicable provisions of the Local Electoral Act 2001.

  3. However, if the extraordinary vacancy is a vacancy in the office of an elected trustee that occurs 12 months or less than 12 months before the date fixed for the next triennial general election of trustees, either—

  4. the vacancy must remain unfilled until the next triennial general election of trustees; or
    1. the trust may by resolution appoint a person to fill the vacancy, in which case the person appointed is treated for all purposes as if he or she had been elected.

      1. A person who fills an extraordinary vacancy holds office only for the remainder of the previous trustee's term.

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