291ACountback to be held instead of by-election in certain circumstances

#### 291A Countback to be held instead of by-election in certain circumstances 291A Countback to be held instead of by-election in certain circumstances > > (1) This section applies to a casual vacancy in the office of a councillor if— > > > > > (a) the casual vacancy occurs within 18 months after the date of the last ordinary election of the councillors for the area, and > > > > > (b) the council has at its first meeting following that ordinary election of councillors, by resolution, declared that any such casual vacancy is to be filled by a countback of votes cast at the last election for that office. > > > (2) This section does not apply to a casual vacancy in the office of a councillor if the councillor who vacated office was elected— > > > > > (a) in an election using the optional preferential voting system (including the election of a mayor elected by the electors of an area), or > > > > > > Note. > > > > > > See section 285 (Voting system for election of councillors). > > > > > (b) in an election without a poll being required to be held. > > > > > > Note. > > > > > > See section 311 (Uncontested elections). > > > (3) A casual vacancy to which this section applies is to be filled by a countback election conducted in accordance with the regulations. > > > (4) A countback election to fill a casual vacancy to which this section applies must be conducted— > > > > > (a) if the election at which the person whose departure created the casual vacancy was elected was administered by the Electoral Commissioner—by a returning officer appointed by the Electoral Commissioner, or > > > > > (b) if the election at which the person whose departure created the casual vacancy was elected was administered by a returning officer appointed by an electoral services provider engaged by the council—by a returning officer appointed by the electoral services provider. > > > > > (c) (Repealed) > > > (5) If a countback election fails or the returning officer is otherwise unable to fill the casual vacancy by a countback election— > > > > > (a) the returning officer must notify the general manager of the council concerned, and > > > > > (b) a by-election in accordance with this Part must be held to fill the casual vacancy. > > > (5A) If an electoral services provider engaged by the council is unable to appoint a returning officer for the purposes of subsection (4)(b), a by-election in accordance with this Part must be held to fill the casual vacancy. > > > (6) This section does not apply to a casual vacancy in the office of a councillor if the vacancy occurs before the day prescribed for the purposes of this section by the regulations. > > **s 291A:** Ins 2014 No 80, Sch 1 \[1\]. Am 2016 No 38, Sch 1 \[17\]; 2021 No 11, Sch 1.2\[1\] \[2\].