260When is a by-election to be held?

260 When is a by-election to be held? (1) Subject to section 259, a by-election must be held to fill an extraordinary vacancy if the extraordinary vacancy occurs— (a) in a ward consisting of one Councillor; or (b) in a ward consisting of more than one Councillor but there are no eligible candidates from the last election who are available to be elected by a countback; or (c) in a ward that has already held a by-election to fill an extraordinary vacancy since the last general election. (2) Subject to subsection (3), a by-election must be held on a Saturday on a date fixed by the VEC that occurs within 100 days— (a) of the date of the extraordinary vacancy occurring; or (b) of the date of the determination by the election manager that the extraordinary vacancy cannot be filled by a countback. (3) If the VEC considers that the process for holding a by-election in accordance with subsection (2) would be adversely affected by a public holiday or a school holiday, the VEC may do any or all of the following— (a) fix as the by-election date a Saturday not later than 150 days after the date specified in subsection (2)(a) or (b); (b) fix a different date for the close of the roll; (c) fix a different nomination day. (4) The VEC must— (a) publish any date fixed in accordance with subsection (2) or (3) in the Government Gazette; and (b) advise the Minister and the relevant Council as to the date fixed in accordance with subsection (2) or (3).