Victorian Consolidated Legislation

Local Government Act 1989 - SECT 70

Candidate for election

70. Candidate for election



(1) Subject to this section, a Councillor may nominate as a candidate for an
election if he or she is capable of being or continuing to be a Councillor.

(2) A person who has been a Councillor of a Council can not nominate as a
candidate for an election to fill an extraordinary vacancy in the office of a
Councillor of that Council if the person ceased to be a Councillor of that
Council under section 69(1) since the last general election.

(2A) In addition to subsection (2), if a person who has been a Councillor of a
Council ceased to be a Councillor of that Council because-

   (a)  the person failed to take the oath of office as required by section
        63; or

   (b)  the person was absent from 4 consecutive ordinary meetings of the
        Council without leave obtained from the Council; or

   (c)  the Minister has made an order under section 85(6) in respect of that
        person-

the person cannot nominate as a candidate for an election for that Council to
be held during the period ending 4 years after the person ceased to be a
Councillor of that Council.

(2B) Subsection (2A) applies in respect of any person who ceases to be a
Councillor because of a ground specified in that subsection on or after the
commencement of section 23 of the Local Government Amendment (Elections) Act
2008.

(3) A person who is a Councillor of a Council can not nominate as a candidate
for an election as a Councillor of any Council unless at the time of the
nomination the person will cease to hold office as a Councillor on or before
the election day for that election.

(4) A person must not nominate as a candidate for more than one election of
Councillors to be held on the same day.

(5) A person who has nominated as a candidate for an election as a Councillor
of a Council can not nominate as a candidate for any other election as a
Councillor unless at the time of the nomination the person has withdrawn the
previous nomination.

(6) If a person makes a nomination in contravention of subsection (2), (2A),
(3) or (5), the nomination is void.

(7) If a person makes nominations in contravention of subsection (4), all the
nominations are void.