VICIn ForceAct
Local Government Act 2020
256Candidate for election
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256 Candidate for election
(1) Subject to this section, a person may nominate as a candidate for an election for any ward of the Council if they are qualified to be a Councillor under this Act.
(2) A person who is a Councillor of a Council cannot nominate as a candidate for an election as a Councillor of any Council unless at the time of the nomination the person will cease to hold office as a Councillor on or before the election day for that election.
(3) A person who has nominated as a candidate for an election as a Councillor of a Council cannot nominate as a candidate for any other election as a Councillor unless at the time of the nomination the person has withdrawn the previous nomination.
(4) If a person makes a nomination in contravention of subsection (2) or (3), the nomination is void.
(5) A person must not nominate as a candidate for more than one election of Councillors to be held on the same day.
(6) If a person makes nominations in contravention of subsection (5), all the nominations are void.
(7) A person cannot nominate as a candidate for an election as a Councillor unless the person has completed the prescribed training.
(8) A person who is not qualified to be a Councillor under this Act only because they hold a position or office specified in section 34(2)(b) or (d), is not prevented from nominating as a candidate at an election if for the duration of the election period for that election—
(a) the person has taken leave from that office or position; and
(b) the person does not perform any of the duties of that office or position.
A person who holds a position specified in section 34(2)(b) or (d) cannot take the oath or affirmation of office as a Councillor unless they resign from that office or position before taking the oath or affirmation of office.
Division 4—Holding of general elections and by‑elections