121BElections administered by Electoral Commissioner

#### 121B Elections administered by Electoral Commissioner 121B Elections administered by Electoral Commissioner > > (1) This section applies to an election of councillors administered by the Electoral Commissioner. > > > (2) The Electoral Commissioner must appoint a returning officer and a substitute returning officer. > > > (3) The returning officer may appoint a regional electoral officer for a Region to assist in taking the poll for an election of a councillor to represent the Region. > > > (4) The regional electoral officer may appoint one or more deputy electoral officers to assist in taking the poll. > > > (5) The returning officer must conduct the election on behalf of, and under the direction of, the Electoral Commissioner. > > > (6) The substitute returning officer must exercise the functions of the returning officer in the absence of the returning officer. > > > (7) A person nominated for election as a councillor must not hold the following offices in relation to the election and, if the person held the office before the nomination, the person ceases to hold the office— > > > > > (a) returning officer, > > > > > (b) substitute returning officer, > > > > > (c) regional electoral officer, > > > > > (d) deputy electoral officer. > > > (8) A member of staff of the New South Wales Aboriginal Land Council must not be appointed as— > > > > > (a) a returning officer, or > > > > > (b) a substitute returning officer. > > > (9) The following persons must not vote at the election— > > > > > (a) the Electoral Commissioner, > > > > > (b) the returning officer for the election, > > > > > (c) the substitute returning officer for the election. > > > (10) For the purpose of conducting the election, the Electoral Commissioner must decide any matter not provided for by this Act or the regulations. > > **s 121B:** Ins 2022 No 68, Sch 2.1\[17\].