13Constitution of a Council

13 Constitution of a Council (1) A Council must consist of not fewer than 5 Councillors and not more than 12 Councillors. (2) The Mayor and Deputy Mayor are Councillors of the Council. (3) The number of Councillors of a Council for the purposes of subsection (1) is to be determined in accordance with the criteria prescribed by the regulations. (4) A Council may be constituted so that it consists of— (a) subject to subsection (5), all Councillors elected to represent the municipal district as a whole; or (b) all Councillors elected to represent single member wards into which the municipal district is divided; or (c) subject to subsection (5A), an equal number of Councillors elected to represent each ward into which the municipal district is divided. (5) A Council must not be constituted in accordance with subsection (4)(a) unless, by notice published in the Government Gazette, the Minister specifies that the Council, or a Council that is a specific type of Council, may be an un-subdivided municipal district. (5A) A Council must not be constituted in accordance with subsection (4)(c) unless, by notice published in the Government Gazette, the Minister specifies that the Council, or a Council that is a specific type of Council, may be constituted in accordance with subsection (4)(c). (6) For the avoidance of doubt, a Council constituted before the commencement of this Act is not required to be constituted in accordance with this section unless the electoral structure of the Council is altered in accordance with section 15.