318BPostponement of elections

318B Postponement of elections

318B Postponement of elections

(1) The Minister may, by order published in the Gazette, postpone the election requirements of this Act in relation to a specified council if—

(a1) (Repealed)

(a) the council is the subject of—

(i) an investigation under section 430 or any other provision of this Act, or

(ii) a public inquiry, or

(iii) an investigation by an authority (as defined in the Dictionary at the end of this Act) under any Act, or

(b) without limiting anything else in this subsection—

(i) a matter affecting the boundaries of the council’s area is under consideration by the Boundaries Commission, whether or not involving an inquiry by the Commission, including under section 218CD, or

(ii) the council’s area is the subject of a de-amalgamation constitutional referendum under section 218CD, to ensure there is sufficient time to conduct the referendum and give effect to a de-amalgamation after the referendum, if the de-amalgamation proposal is supported.

(2) The latest date to which the election requirements of this Act may be postponed by an order under this section is—

(a) the date occurring 12 months after the order is made, or

(b) if the postponement is extended by a further order under this section, 31 December in the calendar year following that in which the first such order was made.

(3) An order may be made under this section even though the election requirements of this Act are in operation with respect to an election for the council.

(4) On the making of an order under this section—

(a) the election requirements of this Act are suspended in relation to the council for the period specified in the order, including with respect to an election for which the election requirements of this Act were in operation when the order was made, but not with respect to an election held on or before the day on which the order is published, and

(b) the retiring councillors continue in office (subject to this Act) until an election is held, and