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LOCAL GOVERNMENT ACT 1993 - SECT 308 By-elections

LOCAL GOVERNMENT ACT 1993 - SECT 308

By-elections

(1)  A by-election for a vacancy in the office of councillor is to be held if –
(a) it is not possible to carry out a recount of votes; or
(ab) .  .  .  .  .  .  .  .  
(ac) .  .  .  .  .  .  .  .  
(ad) .  .  .  .  .  .  .  .  
(b) not all the offices have been filled at an election.
(1AA)  A by-election is not to be held during the period specified in section 307(3) .
(1A)  The Electoral Commissioner may fix a day as the closing day for a by-election.
(2)  .  .  .  .  .  .  .  .  
(3)  Except as provided in subsection (3A) , a by-election is to be held in accordance with this Part as if it were an election.
(3A)  The Electoral Commissioner, in consultation with the relevant general manager in relation to a by-election, may determine –
(a) the day on which notice of the by-election is to be given; and
(b) the nomination period; and
(c) the closure of electoral rolls.
(4)  A vacancy in the office of mayor is to be filled by a by-election held in accordance with subsections (1A) , (3) and (3A) .
(5)  The deputy mayor is eligible to nominate at a by-election as a candidate for the office of mayor without having to resign the office of deputy mayor and, if so elected, ceases to hold the office of deputy mayor.
(6)  If a mayor vacates office as both mayor and councillor, the vacancy in the office of councillor is to be filled by a by-election held concurrently with the by-election for the office of mayor.
(7)  The term of office of a councillor or mayor at a by-election to fill a casual vacancy is the remainder of the term of office of the councillor or mayor who caused the vacancy.