Local Government Act 1993

A by-election for a vacancy in the office of councillor is to be held if – it is not possible to carry out a recount of votes; or not all the offices have been filled at an election.

A by-election is not to be held during the period specified in section 307(3).

The Electoral Commissioner may fix a day as the closing day for a by-election.

Except as provided in subsection (3A), a by-election is to be held in accordance with this Part as if it were an election.

The Electoral Commissioner, in consultation with the relevant general manager in relation to a by-election, may determine – the day on which notice of the by-election is to be given; and the nomination period; and the closure of electoral rolls.

A vacancy in the office of mayor is to be filled by a by-election held in accordance with subsections (1A), (3) and (3A).

The deputy mayor is eligible to nominate at a by-election as a candidate for the office of mayor without having to resign the office of deputy mayor and, if so elected, ceases to hold the office of deputy mayor.

If a mayor vacates office as both mayor and councillor, the vacancy in the office of councillor is to be filled by a by-election held concurrently with the by-election for the office of mayor.

The term of office of a councillor or mayor at a by-election to fill a casual vacancy is the remainder of the term of office of the councillor or mayor who caused the vacancy.