New South Wales Repealed Acts

This legislation has been repealed.

LOCAL GOVERNMENT AREAS AMALGAMATION ACT 1980 - SECT 6

6 Certain elections cancelled or nullified

(1) In this section, "prescribed delegate" means a delegate referred to in subsection (2) (b).

(2) Subject to subsection (3), an election of a person to hold office as:

(a) alderman or councillor for a constituent area,

(b) delegate to a county council specified in Part 2 of the Table to section 12, or

(c) urban committeeman for an urban area within a constituent area,

shall not take place within the period commencing with the date of assent to this Act and ending with 31 December 1980.

(3) Nothing in subsection (2):

(a) affects the operation of section 7 or 13 (4), or

(b) applies to or in respect of:

(i) an election required to be held under the Principal Act by reason of the operation of section 12 (8), or

(ii) any extraordinary election held before 1 January 1981, pursuant to section 562 (11) of that Act, to fill a vacancy in the office of a prescribed delegate elected at an election referred to in subparagraph (i).

(4) Section 72 of the Principal Act does not operate so as to deem any person to be elected:

(a) as an alderman or councillor for a constituent area, or

(b) as an urban committeeman for an urban area within a constituent area,

on or after the date of assent to this Act.

(5) Clause 3 (3) of Ordinance No 20 made under the Principal Act does not operate so as to deem any person to be elected to the office of a prescribed delegate within the period commencing with 20 September 1980, or the date of assent to this Act, whichever is the later date, and ending with 20 November 1980.

(6) Subject to subsection (8), if the date of assent to this Act occurs after 20 September 1980, any election of:

(a) aldermen or councillors for a constituent area, or

(b) urban committeemen for an urban area within a constituent area,

held under the Principal Act on 20 September 1980 and any nomination made with respect thereto shall be deemed to have been void and to have and to have had no legal effect.

(7) Subject to subsection (9), if the date of assent to this Act occurs after 20 September 1980, any election of a person to the office of a prescribed delegate within the period:

(a) commencing with 20 September 1980, and

(b) ending with 20 November 1980, or the day immediately preceding that date of assent, whichever is the earlier day,

and any nomination made with respect thereto shall be deemed to have been void and to have and to have had no legal effect.

(8) Nothing in subsection (6) affects any act, matter or thing lawfully done or omitted to be done before the date of assent to this Act by:

(a) the council of a constituent area consisting of aldermen or councillors, or

(b) the urban committee of an urban area within a constituent area constituted by urban committeemen,

lawfully elected before that date under the Principal Act at an election referred to in that subsection.

(9) Nothing in subsection (7) affects any act, matter or thing lawfully done or omitted to be done before the date of assent to this Act by a county council composed of prescribed delegates who were lawfully elected before that date under the Principal Act at an election referred to in that subsection.