Northern Territory Consolidated Acts

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LOCAL GOVERNMENT ACT - SECT 46

Term of office and casual vacancies

46. Term of office and casual vacancies

(1) The principal member is elected or appointed for a term of office ending at the conclusion of the next general election.

(2) The deputy principal member is appointed for a term of office ending at the conclusion of the next general election or a lesser term fixed by the council when it makes the appointment.

(3) A casual vacancy occurs in the office of the principal member, or deputy principal member, if the person holding the relevant office:

(a) ceases for any reason to be a member of the council; or

(b) resigns from the relevant office by giving written notice of resignation to the CEO.

(4) The council may make any appointment necessary to fill:

(a) a casual vacancy in the office of the principal member; or

(b) if a deputy principal member has been appointed for a term ending before the conclusion of the next general election - a vacancy occurring at the end of the deputy's term.

(5) However:

(a) if a by-election is to be held to replace an elected principal member, the casual vacancy will be filled by the successor elected at the by-election; and

(b) if a person is co-opted to fill a casual vacancy in the office of an elected principal member:

(i) the co-opted member is not (unless appointed by the council to be its principal member) to be the council's principal member; and

(ii) the council may appoint any of its existing members to be its principal member for the remainder of the council's term; and

(c) if the council does not fill a casual vacancy in the office of an elected principal member, it may appoint any of its existing members to be its principal member for the remainder of its term.

Note

This section should be read in conjunction with section 39(5). This provides that if a casual vacancy occurs in the office of any member more than 12 months before the end of the council's term, a by-election is to be held to fill the vacancy; if 12 months or less, the vacancy may be filled by co-option.

Part 4.4. Council office



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