New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 296B

296B Elections administered by the Electoral Commissioner

(1) This section applies to an election administered by the Electoral Commissioner.

(2) The Electoral Commissioner is to appoint a returning officer and a substitute returning officer for each area. The returning officer is to conduct elections on behalf of, and under the direction of, the Electoral Commissioner. In the absence of the returning officer, the substitute returning officer is to exercise the functions of the returning officer.

(3) The returning officer is to appoint one or more electoral officials.

(4) An employee of a council for an area cannot be appointed as a returning officer or substitute returning officer for that area. However, an electoral official may be an employee of the council.

(5) For the purpose of conducting an election, the returning officer and substitute returning officer for an area are entitled to access to any relevant records of the council for the area.

(6) For the purpose of conducting an election, the Electoral Commissioner is to:

(a) appoint the polling places, and

(b) determine the fees payable to the returning officer, substitute returning officer and electoral officials, and

(c) determine any matter not provided for by this Act or the regulations.

(7) The Electoral Commissioner, the returning officer and the substitute returning officer must not vote at any election that they are conducting.