258Extraordinary vacancy

258 Extraordinary vacancy (1) An extraordinary vacancy occurs if the office of a Councillor becomes vacant under section 31 or 35(1). (2) If the office of a Councillor becomes vacant as a result of the resignation of a Councillor, an extraordinary vacancy occurs on the day that the written resignation is delivered to the Chief Executive Officer. (3) The death or incapacity of an elected candidate after the close of voting but before the declaration of the result does not affect the declaration of the election of any other elected candidates but the vacancy arising as a result of the death or incapacity of the elected candidate is to be treated as an extraordinary vacancy occurring on the day on which the candidate would have been declared elected. (4) If an extraordinary vacancy is caused by the ouster of a Councillor from office by the Supreme Court, the extraordinary vacancy occurs on the following days— (a) if notice of appeal to the Court of Appeal is not served within the period allowed, on the day after that period; (b) if an appeal to the Court of Appeal is dismissed, on the day the decision is given. (5) If an extraordinary vacancy is caused by the declaration of VCAT, the extraordinary vacancy occurs on the day the declaration is made. (6) Despite subsection (7), if more than one extraordinary vacancy in a ward is caused by the declaration of VCAT, an election must be held to fill all the extraordinary vacancies at the same time. (7) If more than one extraordinary vacancy occurs in respect of the same ward and an election is required to be held to fill the vacancies on the same day, one election must be held to fill all the extraordinary vacancies at the same time. (8) The Chief Executive Officer must within 3 working days of— (a) receiving a written resignation from a Councillor; or (b) becoming aware of an extraordinary vacancy— notify the Minister and the VEC that an extraordinary vacancy has occurred.