Rudd resigns as Foreign Minister

[boxy]

Then the state govt puts forward a member of the same party as the outgoing senator.

Same result.

[Aussie]

The governor of the state will appoint the person that the state party concerned put forward (ie. the state ALP will put forward Carr, on the advice of the PM, in this case).

No the Governor steps in if the state parliament is not sitting.
If the state parliament is sitting, but fails to forward an appointee, a by-election is due.
The NSW ALP are not entitled to forward an appointee because they are not the government of NSW.

Want another shovel? Tell me Hoppy/Heretic/Outlaw Yogi.....when is the by-election?

[Mattus]

The NSW parliament has agreed to conduct a special joint sitting of parliament on Tuesday or Wednesday to formalise Mr Carr's role as senator.

[Aussie]

Hey Rambo.....tell us some more, 'mugsly!'

So as the NSW govt won't select an appointee, and the federal government is not entitled to regardless of which party is incumbent, the only legal option is a by-election.

Thus Section 15 of the constitution supports my case and kicks a gaping hole in yours.

Got anything else Arsie?

..............and............................ummmmmmmmmmmmmm.........

The NSW parliament has agreed to conduct a special joint sitting of parliament on Tuesday or Wednesday to formalise Mr Carr's role as senator.

You truly are a cock head.

[Mattus]

You truly are a cock head.

While it's a bit amusing that regulars on an "Australian political forum" are not so clued in on how the Australian political system works, you might try being a bit more diplomatic when correcting someone on obscure constitutional law

For those needing some edumactation about how the process works, Anthony Green does a pretty good precis, without calling you a cock head for not knowing already.

[Outlaw Yogi]

The NSW parliament has agreed to conduct a special joint sitting of parliament on Tuesday or Wednesday to formalise Mr Carr's role as senator.

Thanks Doc. Explains the situation.
Must admit I didn't expect NSW Libs to be so agreeable, for without their sanction Carr couldn't take Arbib's place.
I gather Arbib was into the 2nd half of his 6 year term, and NSW Libs are confident they can win that senate seat next time round. Or they like Mr 'private toll roads' Carr for setting the privatisation of NSW ball rolling.