Official text · word for word
31. Tenure of office of Representatives and Senators
(1) An elected or appointed member shall vacate his or her seat in the National Assembly at the next dissolution of Parliament after his or her election or appointment.
(2) A Senator appointed under subsection (1)(a) of section 30 shall vacate his or her seat in the National Assembly if his or her appointment is revoked by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, and a Senator appointed under subsection (1)(b) of that section shall vacate his or her seat in the Assembly if his or her appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
(3) An elected or appointed member shall also vacate his or her seat in the Assembly
(a) if he or she is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the Assembly;
(b) if he or she ceases to be a citizen;
(c) subject to subsection (4), if any other circumstances arise that, if he or she were not a member, would cause him or her to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 28 or of any law enacted in pursuance of subsection (2), (3) or (5) of that section; or
(d) in the case of a Senator who holds the office of Attorney-General, if he or she ceases to hold that office.
(4) (a) If any such circumstances as are referred to in paragraph (c) of subsection (3) arise because an elected or appointed member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he or she shall forthwith cease to perform his or her functions as a member but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of thirty days thereafter: Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the National Assembly. (b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member or if, by reason of the expiration of any period for entering an appeal or notice thereof on the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he or she shall forthwith vacate his or her seat. (c) If at any time before the member vacates his or her seat such circumstances cease to exist, his or her seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member.
(5) In this section, “member” means member of the National Assembly.