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Electoral Funding Regulation 2018
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29A Local government expenditure caps—redetermination of number of enrolled electors after area or ward changes—section 31A(9)(b)
(1) This clause applies in relation to an ordinary election of the councillors under section 287(1) of the Local Government Act 1993 and any election of a mayor by the electors held on the same day (including the elections to be held in September 2021).
(2) The Electoral Commissioner is to redetermine the number of enrolled electors for a local government area or ward for an election to which this clause applies if—
(a) after the Electoral Commissioner has made a determination under section 31A of the Act of the number of enrolled electors for the local government area or ward for the election but, before the election is held, the local council divides its area into wards, abolishes all its wards or changes its number of wards (the change), and
(b) the change occurred—
(i) before the 10-month period referred to in clause 277A(2) of the Local Government (General) Regulation 2005 (that is, 10 months before the closing date for the election), or
(ii) during that 10-month period, but before the commencement of the capped local government expenditure period for the election, but only where the Electoral Commissioner has approved under that subclause that the election be held as if the change had been made.
(3) The redetermination is to occur before the commencement of the capped local government expenditure period for the election and as soon as is reasonably practicable after the following occurs—
(a) in relation to a change referred to in subclause (2)(b)(i)—the change,
(b) in relation to a change referred to in subclause (2)(b)(ii)—the Electoral Commissioner’s approval.
(4) The relevant date for the purposes of the redetermination is the date of the event referred to in subclause (3)(a) or (b), as applicable.
(5) If the Electoral Commissioner makes a redetermination in accordance with this clause, the number of enrolled electors for a local government area or ward for an election for a local government area or ward, for the purposes of section 31 of the Act, is that redetermined number.
(6) The general manager of a local council is, on request, to provide the Electoral Commissioner with the latest copy of the non-residential roll and of the roll of occupiers and ratepaying lessees for the purposes of a redetermination under this clause.
(7) The Electoral Commission must, as soon as is reasonably practicable after a redetermination under this clause and before the commencement of the capped local government expenditure period concerned—
(a) publish the relevant information in relation to the redetermination on its website, and
(b) provide the relevant information to persons registered as candidates on the Local Government Register of Candidates kept under Part 7 of the Act for the election concerned.
(8) If a person is registered as a candidate on a Local Government Register of Candidates for an election kept under Part 7 of the Act after a redetermination under this clause relating to the election, the Electoral Commission is, as soon as is reasonably practicable after that registration, to provide the person with the relevant information in relation to the redetermination.
(9) In this clause, relevant information, in relation to a redetermination under this clause, means the following—
(a) the number of enrolled electors for the local government area or ward redetermined in accordance with this clause,
(b) the corresponding applicable caps that apply to the local government area or ward.
cll 29A–29C: Ins 2020 (572), Sch 1.