CONSTITUTIONAL AND ELECTORAL LEGISLATION AMENDMENT (ELECTORAL EQUALITY) ACT 2021 (NO. 20 OF 2021) - SECT 13

CONSTITUTIONAL AND ELECTORAL LEGISLATION AMENDMENT (ELECTORAL EQUALITY) ACT 2021 (NO. 20 OF 2021) - SECT 13

13 .         Sections 13 and 14 replaced

                Delete sections 13 and 14 and insert:

13.         Restriction on resignation of returning officer after issue of writ

        (1)         After the issue of a writ for a Council election —

            (a)         the returning officer for the whole of State electorate must not, without the consent of the Electoral Commissioner, resign from office before complying with section 147(1)(b); and

            (b)         the returning officer for any district must not, without the consent of the Electoral Commissioner, resign from office before the returning officer’s functions in relation to the election have been completed.

        (2)         After the issue of a writ for an election for a district,the returning officer for that district must not, without the consent of the Electoral Commissioner, resign from office before complying with section 147(1)(b).

14.         Replacement of returning officer after issue of writ

        (1)         If the returning officer for the whole of State electorate dies, resigns, leaves, or is removed, after the issue of a writ for a Council election, the Electoral Commissioner may appoint another person to replace the returning officer and perform the returning officer’s functions in relation to the writ and the election so far as they have yet to be completed.

        (2)         If the returning officer for a district dies, resigns, leaves, or is removed, after the issue of a writ for a Council election, the Electoral Commissioner may appoint another person to replace the returning officer and perform the returning officer’s functions in relation to the election so far as they have yet to be completed.

        (3)         If the returning officer for a district dies, resigns, leaves, or is removed, after the issue of a writ for an election for that district, the Electoral Commissioner may appoint another person to replace the returning officer and perform the returning officer’s functions in relation to the writ and the election so far as they have yet to be completed.