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.