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LOCAL GOVERNMENT ACT 1995 - SECT 4.16

LOCAL GOVERNMENT ACT 1995 - SECT 4.16

4.16 .         Postponement of elections to allow consolidation

        (1)         This section modifies the operation of sections 4.8, 4.9 and 4.10 in relation to the holding of extraordinary elections.

        (2)         If a member’s office becomes vacant under section 2.32 (otherwise than by resignation) on or after the third Saturday in July in an election year and long enough before the ordinary elections day in that year to allow the electoral requirements to be complied with, any poll needed for the extraordinary election to fill the vacancy is to be held on that ordinary elections day.

        (3)         In the case of a member’s office becoming vacant under section 2.32 by resignation, if —

            (a)         the resignation takes effect, or is to take effect, on or after the third Saturday in July in an election year but not later than one month after the ordinary elections day in that year; and

            (b)         the CEO receives notice of the resignation long enough before that ordinary elections day to allow the electoral requirements to be complied with,

                any poll needed for the extraordinary election to fill the vacancy is to be held on that ordinary elections day.

        (4)         If a member’s office becomes vacant under section 2.32

            (a)         after the third Saturday in October in the year before an election year; but

            (b)         before the third Saturday in July in that election year,

                the council may, with the approval of the Electoral Commissioner, fix the ordinary elections day in that election year as the day for holding any poll needed for the extraordinary election to fill that vacancy.

        [Section 4.16 amended: No. 66 of 2006 s. 7; No. 2 of 2012 s. 11; No. 11 of 2023 s. 27.]