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LOCAL GOVERNMENT ACT 2020 - SECT 257 General elections

LOCAL GOVERNMENT ACT 2020 - SECT 257

General elections

    (1)     A general election of Councillors for all Councils must be held—

        (a)     on the fourth Saturday in October 2020; and

        (b)     thereafter on the fourth Saturday in October in the fourth year after the last general election of Councillors for all Councils was held.

    (2)     A general election is an election

        (a)     which is to be conducted in each ward of a Council; and

        (b)     for all the offices of Councillor.

    (3)     Despite subsection (1), the Minister may, by notice published in the Government Gazette before the nomination day, change the election day under subsection (1)—

        (a)     in respect of all Councils; or

        (b)     in respect of one or more Councils specified in the notice—

to another Saturday as nearest as possible to that election day having regard to the need to ensure that the election is conducted in a participatory and secure manner.

    (4)     The Minister may change the election day under subsection (1) if the Minister—

        (a)     is satisfied that an event or circumstance could adversely affect the conduct of the general election for all Councils or for one or more Councils if the general election were to be held on that day; and

        (b)     has requested advice from the VEC in relation to the proposed change to the election day; and

        (c)     has considered the advice provided to the Minister by the VEC.

    (5)     Without limiting the generality of subsection (4), an event or circumstance that could adversely affect the conduct of the general election includes any of the following—

        (a)     a general election is to be held under the Constitution Act 1975 ;

        (b)     a general election for the House of Representatives or an election for the Senate, of the Commonwealth Parliament, is to be held;

        (c)     school holidays;

        (d)     a natural disaster;

        (e)     the declaration of a state of disaster under section 23 of the Emergency Management Act 1986 .