122Timing of elections

122 Timing of elections

122 Timing of elections

(1) Elections of all councillors are to be held—

(a) not sooner than 3 years and 9 months, and

(b) not later than 4 years and 3 months,

after the previous election of all councillors.

(2) The New South Wales Aboriginal Land Council must—

(a) set the date for the election in accordance with subsection (1), and

(b) give written notice of the date to—

(i) the Minister, and

(ii) the Electoral Commissioner, and

(iii) if an electoral services provider has been engaged to administer the election—the electoral services provider.

(3) The New South Wales Aboriginal Land Council must consult with the Electoral Commissioner before setting the date unless the Council has made a resolution under section 121A for the election to be administered by an electoral services provider engaged by the Council.

(4) The Minister may, in consultation with the Electoral Commissioner, set a date for the election if the Minister is satisfied that—

(a) the date set by the New South Wales Aboriginal Land Council is not in accordance with subsection (1), or

(b) the election was not held on the date set by the New South Wales Aboriginal Land Council.

(5) The date set under subsection (4)(b) must be as soon as practicable after the date set by the New South Wales Aboriginal Land Council.

(6) If the Minister sets the date for the election, the Minister—

(a) may appoint the Electoral Commissioner, or a person nominated by the Electoral Commissioner, as the returning officer for the election, and

(b) must notify the returning officer of the date as soon as practicable.

s 122: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [47]. Am 2022 No 68, Sch 2.1[18].