Part 4 When are elections held?

287   When is an ordinary election of councillors held?

(1)  An ordinary election of the councillors for an area is to be held on the second Saturday of September 2008 and on the second Saturday of September in every fourth year after 2008.

(2)  An election of the councillors for an area is to be held on a Saturday proclaimed for the purpose if:

(a)  the area is constituted after the commencement of this Part, or

(b)  all civic offices in relation to the council of the area are declared to be vacant under section 255, or

(c)  the council is declared to be non-functioning under section 257.

288   Delayed elections of councillors

(1)  If the Minister is of the opinion that it would be impracticable or inconvenient to hold an election as provided by section 287, the Minister may, by order published in the Gazette, appoint a subsequent Saturday for the election.

(2)  The subsequent Saturday must not be more than 28 days later than the day when the election should have been held.

(3)  If a day is appointed under this section for an election, the retiring councillors continue in office until the election is held and, if a retiring councillor resigns in the meantime, his or her office is vacant until the election is held.

289   When is an election of a mayor by the electors to be held?

(1)  The election of a mayor by the electors for an area is to be held (unless its purpose is the filling of a casual vacancy):

(a)  on the day on which the election of the councillors for the area is held, or

(b)  if the election of the councillors is uncontested, on the day on which the election of the councillors would have been held if it had been contested.

(2)  If a mayor of an area is to be elected by the electors on the day on which a contested election of councillors for the area is to be held and the election of the councillors is delayed for any reason, the election of the mayor is also delayed but must be held on the same day as the delayed election of the councillors.

290   When is an election of a mayor by the councillors to be held?

(1)  The election of the mayor by the councillors is to be held:

(a)  if it is the first election after an ordinary election of councillors—within 3 weeks after the ordinary election, or

(b)  if it is not that first election or an election to fill a casual vacancy—during the month of September, or

(c)  if it is the first election after the constitution of an area—within 14 days after the appointment of a provisional council or the first election of the council if a provisional council is not appointed, or

(d)  if the relevant council is a non-functioning council, or a council of which all civic offices have been declared vacant, and the election is the first to be held after the appointment or election of the councillors—within 14 days after the appointment or election of the councillors.

(2)  If the councillors fail to elect a mayor as required by this section, the Governor may appoint one of the councillors as the mayor.

Note. The filling of a casual vacancy in the office of a mayor elected by the councillors is dealt with in section 295.