NSWIn ForceAct
Local Government Act 1993
294Dispensing with by-elections
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#### 294 Dispensing with by-elections
294 Dispensing with by-elections
> > (1) This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area.
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> > (2) If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council—
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> > > (a) order that the vacancy not be filled, or
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> > > (b) order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).
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> > (3) If such a casual vacancy occurs in the office of a mayor elected by the electors, the casual vacancy is to be filled by the Governor appointing to the vacant office a councillor nominated by the council.
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> > (4) If the council does not nominate a councillor for the purposes of subsection (3), the Governor may appoint one of the councillors to the vacant office.
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> **s 294:** Am 2003 No 23, Sch 1 \[2\]; 2006 No 31, Sch 1 \[3\]; 2011 No 24, Sch 1 \[7\].