Tasmanian Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 46

      (1) A councillor is to be elected for a period of 4 years and holds office from the date of issue of the certificate of election in respect of an ordinary election for that office until the date of issue of the next certificate of election in respect of an ordinary election for that office.

      (2) If an election is to be held for all the councillors of a council, the term of office for a councillor is –

(a) if there is an even number of councillors to be elected from the municipal area or electoral district –

(i) a period of 4 years for the half of the number of councillors who are first elected; and

(ii) a period of 2 years for the other half of those councillors; and

(b) if there is an uneven number of councillors to be elected from a municipal area –

(i) a period of 4 years for the simple majority of the number of councillors who are first elected; and

(ii) a period of 2 years for the remaining number of those councillors; and

(c) if there is an uneven number of councillors to be elected from an electoral district –

(i) a period of 4 years for the half or simple majority (depending on whether there is an even or uneven number to be elected from the municipal area) of the number of councillors who received the greatest number of first preference votes; and

(ii) a period of 2 years for the remaining number of those councillors.

      (2A) If there is no poll required to elect councillors, the councillors who are taken to be first elected are to be determined by the drawing or casting of lots conducted by the returning officer in the prescribed manner.

      (2B) If a by-election is held concurrently with an election, the last councillor who is elected fills the casual vacancy for which the by-election was held.

      (2C) The Governor, on the recommendation of the Minister, may make an order determining or altering the term of office of a councillor of a council elected–

(a) at an election following the dismissal of all the councillors of that council; or

(b) at a deferred poll.

      (3) .  .  .  .  .  .  .  .