Victorian Consolidated Legislation

Local Government Act 1989 - SECT 31

General elections

31. General elections



(1) Subject to this Division, a general election of Councillors for all
Councils must be held on the last Saturday in November 2008 and thereafter on
the last Saturday in November in the fourth year after the last general
election of Councillors for all Councils was held.

(2) Despite subsection (1), the first general election of Councillors after
the commencement of section 15 of the Local Government (Democratic Reform) Act
2003-

   (a)  of Councils which held their last general election before 1 January
        2003, must be held on the last Saturday in November 2004; and

   (b)  of Councils which held their last general election after 1 January
        2003, must be held on the last Saturday in November 2005.

(3) Despite subsection (1), if as a result of the expiry of the Legislative
Assembly of the Parliament of Victoria under section 38(1) of the Constitution
Act 1975, a general election will be held under the Constitution Act 1975 on
the same day on which a general election of Councillors for all Councils would
be required to be held by subsection (1), subsection (1) applies in respect of
that general election of Councillors for all Councils as if for "fourth year"
there were substituted "third year".

(4) Despite subsection (1), if a Council is required to hold a general
election other than in accordance with subsection (1)-

   (a)  on a day which is 2 years or more before the day on which the next
        general election of Councillors for all Councils is to be held, the
        Council must hold its next general election on the day on which the
        next general election of Councillors for all Councils is to be held;

   (b)  on a day which is less than 2 years before the day on which the next
        general election of Councillors for all Councils is to be held, the
        Council must hold-

   (i)  its next general election on the day which is the last Saturday in
        November in the first year after the year on which the next general
        election of Councillors for all Councils is to be held; and

   (ii) each subsequent general election on the day on which the general
        election of Councillors for all Councils is to be held.

(5) Despite subsection (1), in exceptional circumstances, on the
recommendation of the Minister, the Governor in Council may by Order in
Council postpone the election day under subsection (1), (2), (3) or (4) to
another Saturday as nearest as possible to the election day.

(6) Without limiting the generality of subsection (5), it is an exceptional
circumstance for the purposes of subsection (5) if as a result of the
dissolution of the Legislative Assembly of the Parliament of Victoria under
the Constitution Act 1975, a general election will be held under the
Constitution Act 1975 on a Saturday during the period commencing 4 weeks
before the Saturday on which a general election of Councillors for all
Councils would be required to be held by subsection (1) and ending 2 weeks
after the Saturday on which a general election of Councillors for all Councils
would be required to be held by subsection (1).



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Division 6-Extraordinary vacancies