CITY OF MELBOURNE ACT 2001 - SECT 24 Filling of vacancies
CITY OF MELBOURNE ACT 2001 - SECT 24
Filling of vacanciesS. 24(1) amended by Nos 109/2003 s. 102, 67/2008 s. 88, substituted by No. 9/2020 s. 352(1).
(1) If the office of Lord Mayor or Deputy Lord Mayor becomes vacant 6 months or more before a general election is due, a by-election to fill the vacancy must be held on a date fixed under section 260 of the Local Government Act 2020 and section 259 of the Local Government Act 2020 does not apply.
(2) If the office of Lord Mayor or Deputy Lord Mayor becomes vacant less than 6 months before a general election is due, it is not necessary to hold an election to fill the vacancy.
(3) In the circumstances specified in subsection (2)—
(a) if the office of the Lord Mayor becomes vacant, the Deputy Lord Mayor becomes the Lord Mayor on the passing of a resolution by the Council that an election to fill the vacancy not be held; and
(b) if the office of the Deputy Lord Mayor becomes vacant, the Council may appoint a Councillor to fill the vacancy; and
S. 24(3)(c) substituted by No. 9/2020 s. 352(2).
(c) if the Council does so, an extraordinary vacancy occurs in the office of the Councillor on the date of the appointment and section 259 of the Local Government Act 2020 does apply.