136By-elections

136 By-elections (1) This section applies to a by-election that is to be held under the (a) section 54(2)(a) or (b)(ii), 65(3) or 134(3); (b) a provision prescribed by regulation. (2) If the member whose seat has become vacant represented a ward, the by-election is confined to the ward. (3) A by-election is to be held on a date fixed by the returning officer. (4) If a by-election is to be held under section 54(2)(a) or (b)(ii), the date for the by-election must fall within 4 months after the Electoral Commissioner: (a) is notified of the casual vacancy: (i) by the CEO under section 51(3) or (4) or 53(2); or (ii) by NTCAT under section 56(7) or 133(6); or (b) confirms the casual vacancy under section 52(3).

Local Government Act 2019 82 (5) If the by-election mentioned in subsection (4) is because a member of a council has resigned under section 50(c), the nomination date for the by-election must be after the date that the member's resignation takes effect. (6) Unless a person is appointed under subsection (7) to be the returning officer for a by-election, the by-election (including nomination of candidates and other related processes) is to be conducted as decided by the Electoral Commissioner. Note for subsection (6) See section 141 for the requirements in relation to the conduct of an election or poll of electors. (7) The council may appoint the CEO or another person (other than the Electoral Commissioner) to be the returning officer for the by-election, by doing the following within 2 months after the Electoral Commissioner is notified of the casual vacancy under section 51(3) or (4), 53(2), 56(7) or 133(6) or confirms the casual vacancy under section 52(2): (a) passing a resolution appointing the person; (b) if the person is not the CEO – entering into a contract with the person for the performance of the functions of returning (8) As soon as practicable after the council appoints a person to be the returning officer for a by-election under subsection (7), and in any event not later than 5 days after the appointment, the council must notify the Electoral Commissioner of the identity of the returning (9) However, failure to notify the Electoral Commissioner under subsection (8) does not affect the validity of the appointment. (10) In this section: returning officer, for a by-election, means: (a) if a resolution is passed under subsection (7) in relation to the by-election – the person appointed by the resolution; or (b) otherwise – the Electoral Commissioner.