LOCAL GOVERNMENT ACT 1995 - SECT 4.9

LOCAL GOVERNMENT ACT 1995 - SECT 4.9

4.9 .         Election day for extraordinary election

        (1)         Any poll needed for an extraordinary election is to be held on a day decided on and fixed —

            (a)         by the mayor or president, in writing, if a day has not already been fixed under paragraph (b); or

            (b)         by the council at a meeting held within one month after the vacancy occurs, if a day has not already been fixed under paragraph (a).

        (2)         The election day fixed for an extraordinary election is to be a day that allows enough time for the electoral requirements to be complied with but, unless the Electoral Commissioner approves or section 4.10(b) applies, it cannot be later than 4 months after the vacancy occurs.

        (3)         If at the end of one month after the vacancy occurs an election day has not been fixed, the CEO is to notify the Electoral Commissioner and the Electoral Commissioner is to —

            (a)         fix a day for the holding of the poll that allows enough time for the electoral requirements to be complied with; and

            (b)         advise the CEO of the day fixed.