Local Government Act 1995
Part 4Elections and other polls
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Part 4 — Elections and other polls
4.1. Terms used 109
4.1A. Conflict with Commonwealth or State election or referendum 110
4.1B. Polling day may be changed where conflict with Commonwealth or State election or referendum 111
4.1C. Orders mandating method of conducting election: postal elections 112
4.1D. Orders mandating method of conducting election: voting in person elections 113
Division 2 — Inaugural elections
4.2. Inaugural elections 115
4.3. Polling day for inaugural election 115
Division 3 — Ordinary elections
4.4. Ordinary elections 115
4.5. Frequency of ordinary elections 116
4.6. Election day for ordinary elections 116
4.7. Ordinary elections day usually third Saturday in October 116
Division 4 — Extraordinary elections
4.8. Extraordinary elections 117
4.9. Election day for extraordinary election 117
4.10. Extraordinary election can be held before resignation has taken effect 118
Division 5 — Other elections
4.11. Elections after restructure of districts, wards or membership 118
4.12. Elections after reinstatement of council 118
4.13. Elections after all members’ offices become vacant 119
4.14. Elections after council is dismissed 119
4.15. Fresh election after election declared invalid 119
Division 6 — Postponement and consolidation of elections
4.16. Postponement of elections to allow consolidation 119
4.17. Cases in which vacant offices can remain unfilled 120
4.18. Certain elections to be held as one 121
Division 7 — Provisions about electoral officers and the conduct of elections
4.19. Returning officer 121
4.20. CEO to be returning officer unless other arrangements made 122
4.21. Deputy returning officers 123
4.22. Returning officer to conduct elections 123
4.23. Returning officer’s functions 123
4.24. Electoral Commissioner’s functions 124
4.25. Access to information 124
4.26. Delegation 124
4.27. Regulations about electoral officers and conduct of elections 125
4.28. Fees and expenses 125
Division 8 — Eligibility for enrolment
4.29. Eligibility of residents to be enrolled 125
4.30. Eligibility of non‑resident owners and occupiers to be enrolled 126
4.31. Rateable property: ownership and occupation 127