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\[18\].