Victorian Consolidated Legislation

Local Government Act 1989 - SECT 37A

Extraordinary vacancies-Councillors elected under Schedule 3 (Part 4A) or 3A

37A. Extraordinary vacancies-Councillors elected under Schedule 3 (Part 4A) or
3A



(1) This section applies if-

   (a)  an extraordinary vacancy occurs as a result of the departure from
        office of a person who was elected to a Council in accordance with
        Part 4A of Schedule 3 or with Schedule 3A; and

   (b)  either-

   (i)  the vacancy occurs more than 6 months before a general election is
        due; or

   (ii) the Council decides to fill the vacancy within 6 months before a
        general election is due.

(2) The extraordinary vacancy is to be filled in accordance with Schedule 3A.

(3) This section overrides any provision to the contrary in section 38.

(4) An election to fill an extraordinary vacancy to which this section applies
must be conducted-

   (a)  by the returning officer who conducted the election at which the
        person whose departure created the extraordinary vacancy was elected;
        or

   (b)  if that is not possible, by the deputy returning officer at that
        election; or

   (c)  if that is not possible, by a returning officer appointed in
        accordance with this Act.