South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, the office of a member of a council becomes vacant if the
member—
(a)
dies; or
(b)
resigns by notice in writing to the chief executive officer; or
(c) is
removed from office by the Governor on the ground of incapacity to carry out
official duties satisfactorily; or
(d) is
removed from office by the council on the ground that he or she has been
absent, without leave of the council, from three or more consecutive meetings
(the first of which having been held three months or more before the last); or
(e)
becomes a member of an Australian Parliament; or
(f) is
declared bankrupt or applies for the benefit of a law for the relief of
insolvent debtors; or
(g)
fails to submit a return under Division 2 of Part 4 of this Chapter before the
expiration of one month from the end of the period allowed under that Division
for the submission of the return; or
(h)
fails to submit a return under Part 14 of the Local Government
(Elections) Act 1999 before the expiration of one month from the end of
the period allowed under that Act for the submission of the return; or
(i)
is convicted of an indictable offence punishable by
imprisonment; or
(j)
becomes an employee of the council; or
(k) is
disqualified from office by a court order under this Act.
(2) If a member of a
council stands for election to an office in the council other than the one
presently held by the member, the latter office becomes vacant at the
conclusion of the election.
(2a)
Subsection (2) does not apply if—
(a) the
member is standing for election to a casual vacancy in the office of mayor but
is unsuccessful; or
(b)
—
(i)
the member is standing for election to a casual vacancy
in another office but is unsuccessful; and
(ii)
the conclusion of the election falls—
(A) on or after 1 January of the year in
which a periodic election is due to be held (and before polling day for that
periodic election); or
(B) within 7 months before polling day for
a general election (other than a periodic election) (the date of that polling
day being known at that time).
(3) The resignation of
a member takes effect on receipt by the chief executive officer of the notice
of resignation or on a later date, not more than 14 days in advance, specified
in the notice of resignation (but once the notice is received by the
chief executive officer the resignation cannot be withdrawn).
(4) If a member's
office becomes vacant because of the member's failure to submit a return under
Division 2 of Part 4 of this Chapter or Part 14 of the
Local Government (Elections) Act 1999 —
(a) the
District Court may, on application made within one month after the vacation of
office, restore the member to office if satisfied that the failure arose from
circumstances beyond the member's control; and
(b)
proceedings for a supplementary election to fill the vacancy must not be
commenced until the period for making an application under paragraph (a)
has expired or, if there is an application, until the application is
determined; and
(c) the
member cannot be nominated as a candidate for the election to fill the vacancy
unless he or she has submitted to the chief executive officer the return that
was required to be submitted.
(5) If a member's
office becomes vacant because the member has been convicted of an offence
under subsection (1)(i), proceedings for a supplementary election to fill
the vacancy (if required) must not be commenced until the period for appealing
against the conviction has expired or, if there is an appeal, until the appeal
is determined.
(6) If the office of a
member of a council becomes vacant under subsection (1), the
chief executive officer must notify the members of the council at the next
meeting of the council and give notice of the occurrence of the vacancy in the
Gazette (but the members of the council need not be notified if the member is
removed from office by the council).
(7) A member's office
does not become vacant by reason only of the fact that the member, after an
election or appointment, ceases to be an elector for the area.
(8) If a casual
vacancy occurs in the office of mayor—
(a) on
or after 1 January of a year in which a periodic election is due to be held
(and before polling day for that periodic election); or
(b)
within 7 months before polling day for a general election (other than a
periodic election) (the date of that polling day being known at that time),
a member chosen by the council may act in the office of mayor until the
conclusion of the election.
(9) The member chosen
under subsection (8) may, but need not, be the deputy mayor (if any).
(10) If a person is to
be chosen under subsection (8) and the votes for 2 or more candidates are
equal, lots must be drawn to determine which candidate or candidates will be
excluded.