LOCAL GOVERNMENT ACT 1995 - SECT 5.28
LOCAL GOVERNMENT ACT 1995 - SECT 5.28
5.28 . Electors’ special meetings
(1) A special meeting
of the electors of a district is to be held on the request of not less than
—
(a) 300
electors or 5% of the number of electors —whichever is the lesser
number; or
(b) 1 /
3 of the number of council members.
(2) The request is to
specify the matters to be discussed at the meeting and the form or content of
the request is to be in accordance with regulations.
(3) The request is to
be sent to the mayor or president.
(4) A special meeting
is to be held on a day selected by the mayor or president but not more than 35
days after the day on which he or she received the request.
(5) Despite subsection
(4), the mayor or president may —
(a)
decide that the special meeting is not to be held if the mayor or president is
satisfied that the substance of each matter for discussion specified in the
request —
(i)
was discussed at a special meeting that was held during
the period of 12 months ending on the day on which the mayor or president
received the request; or
(ii)
was, or will be, discussed at a special meeting that was,
or will be, held during the period of 35 days after the day on which the mayor
or president received the request;
or
(b)
decide that a matter for discussion specified in the request is not to be
discussed at the special meeting in whole or in part if the mayor or president
is satisfied that the substance of the whole of the matter or the part of the
matter (as the case requires) —
(i)
was discussed at a special meeting that was held during
the period of 12 months ending on the day on which the mayor or president
received the request; or
(ii)
was, or will be, discussed at a special meeting that was,
or will be, held during the period of 35 days after the day on which the mayor
or president received the request.
(6) If the mayor or
president makes a decision under subsection (5)(a) or (b), each matter, or the
whole or part of the matter, is to be considered at —
(a) the
first ordinary council meeting after the mayor or president makes the
decision; or
(b) if,
when the mayor or president makes the decision, the CEO has already convened
that first ordinary council meeting under section 5.5(1) — the second
ordinary council meeting after the mayor or president makes the decision.
(7) The local
government must give local public notice of any decision of the mayor or
president made under subsection (5)(a) or (b) and of the reasons for the
decision.
[Section 5.28 modified: SL 2020/57 1M ; amended:
No. 11 of 2023 s. 60.]