LOCAL GOVERNMENT ACT 1995 - SECT 2.37

LOCAL GOVERNMENT ACT 1995 - SECT 2.37

2.37 .         Power to declare offices vacant

        (1)         If more than ½ of the offices of members of a council are vacant for any reason, the Governor may, by order, declare all the remaining offices of members to be vacant.

        (2)         If the Minister receives notification under section 5.3(3) about the failure of a council to hold a meeting, the Governor may, by order, declare all the offices of members of the council to be vacant.

        (3)         A declaration under this section takes effect from the time specified in the declaration.

        (4)         When a declaration has been made under this section the Governor may, by order, appoint a person to be the commissioner of the local government until the offices of members of the council are filled again and the new council holds its first meeting.

        (5)         An order under subsection (4) is to fix a day for any poll needed for the election of members to fill the vacant offices again.

        (6)         The day fixed is to be a day that is as soon as practicable after the declaration takes effect and allows enough time for the electoral requirements to be complied with, but is not to be later than 2 years after the day on which the declaration takes effect.

        [Section 2.37 amended: No. 49 of 2004 s. 21.]