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s 319

General election for council under official management

In force
Chapter 17Defaulting councils
Part 17.3Official management

319 General election for council under official management

(1) The Minister must, by Gazette notice, immediately call a general election for the council if:

(a) the Minister dismisses all of the suspended members from office under section 318(6)(b); or

(b)

both of the following apply:

(i) the Minister reinstates all of the suspended members under section 318(6)(a);

(ii) a periodic general election was scheduled to be held during the period of official management in which the council did not participate.

(2) If the Minister does not make a decision mentioned in section 318(6) within 12 months after placing the council under official management, the Minister must, by Gazette notice, call a general election for the council within 90 days of the expiry of the 12 month period.

(3) If a general election for a council is called by the Minister and is held within 1 year before the date for a periodic general election under section 135:

(a) no further periodic general election for the area is to be held on the later date; and

(b) the next periodic general election for the area is to be held on the date on which it is scheduled to be held under section 135(1), as if the general election for the council had not been called by the Minister and a periodic general election had been held in the ordinary course.

Note for section 319

Under section 90(3) the first ordinary meeting of a council must be held within 21 days after the conclusion of the general election.

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