Determination of candidate to fill casual vacancy
5 Determination of candidate to fill casual vacancy
If there is only one eligible candidate in relation to a casual vacancy, the returning officer must declare the candidate elected.
If there are no candidates in relation to a casual vacancy—
the returning officer is to declare that there are no candidates and inform the general manager of the relevant council accordingly, and
the countback election fails.
Note.
Section 291A(5)(b) of the Act provides that if a countback election fails a by-election must be held to fill the casual vacancy.
If there is more than one eligible candidate in relation to a casual vacancy, a countback election must be conducted in accordance with Part 2.
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