Local Government (Casual Vacancies) Order 2013

Local Government (Casual Vacancies) Order 2013

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the Minister and in relation to the Local Government (Number of Councillors) Order 2013 made under section 214E(1)(m) of the Local Government Act 1993 , make the following order under section 214E(5)(a) of that Act.

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Local Government

1.   Short title

This order may be cited as the Local Government (Casual Vacancies) Order 2013 .

2.   Commencement

This order takes effect on the day on which the Local Government (Number of Councillors) Order 2013 commences.

3.   Interpretation

(1)  In this order –

Act means the Local Government Act 1993 ;

Councillors Order means the Local Government (Number of Councillors) Order 2013 .

(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were by-laws.

(3)  A word or expression used in this order and in the Act has the meaning it has in the Act.

4.   Recounts and by-elections not to be held in certain cases

(1)  If, after the Councillors Order takes effect –

(a) a casual vacancy occurs in the office of a councillor of a municipal area to which the Councillors Order applies; and

(b) were the vacancy to be filled by a recount or by-election, the total number of councillors of the municipal area would be more than the total number of councillors that are, in accordance with the Councillors Order, to be elected for the municipal area on and after the day on which the certificate of election is given in respect of the next ordinary election of councillors for the municipal area held after the Councillors Order takes effect –

no recount or by-election in respect of the office is to be held in accordance with section 307 or 308 , respectively, of the Act.

(2)  If, after the Councillors Order takes effect –

(a) there is at any time more than one casual vacancy in the office of a councillor of a municipal area to which the Councillors Order applies; and

(b) were all those vacancies to be filled by recount or by-election, the total number of councillors of the municipal area would be more than the total number of councillors that are, in accordance with the Councillors Order, to be elected for the municipal area on and after the day on which the certificate of election is given in respect of the next ordinary election of councillors for the municipal area held after the Councillors Order takes effect; and

(c) the general manager of the municipal area is unable to determine the order in which the casual vacancies occurred –

the vacancies are to be taken to have occurred in the order determined in accordance with subclause (5) .

(3)  If subclause (2) applies in relation to vacant offices of councillors of a municipal area, the general manager of the council is to notify the Electoral Commissioner that subclause (4) applies in relation to the vacant offices.

(4)  If subclause (2) applies in relation to vacant offices of councillors of a municipal area, the Electoral Commissioner is to –

(a) make out, in respect of each of the vacant offices, a slip bearing the name of the person who last held the vacant office; and

(b) place each of the slips in a separate identical hollow opaque sphere; and

(c) place the spheres in a container sufficiently large to allow those spheres to move about freely when shaken or rotated; and

(d) shake or rotate the container and permit any other person present who wishes to do so to shake or rotate the container; and

(e) take out of the container, and open, one of the spheres to obtain the enclosed slip; and

(f) record on a list the name of the person which appeared on the slip; and

(g) repeat, until all spheres have been removed from the container, the process specified in paragraphs (d) , (e) and (f) , recording on the list each name in the order in which the slip on which it is recorded is withdrawn from the container.

(5)  If subclause (2) applies in relation to casual vacancies, the casual vacancies are to be taken to have occurred in the order in which they appear on the list prepared in accordance with subclause (4) .

(6)  This clause does not apply in relation to a by-election for a mayor or deputy mayor.

(7)  If a mayor vacates office as both mayor and councillor and, in accordance with this clause, no by-election or recount is to be held in relation to the office of councillor, a by-election for the office of mayor is to be held in accordance with section 308(4) of the Act as if section 308(6) of the Act did not apply in relation to the elections.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2013

This order is administered in the Department of Premier and Cabinet.