New South Wales Repealed Acts

This legislation has been repealed.

LOCAL GOVERNMENT AREAS AMALGAMATION ACT 1980 - SECT 7

7 Certain persons deemed elected

(1) In this section:
"nominated office" means the office of:

(a) mayor or president of, or alderman or councillor for, a constituent area, or

(b) urban committeeman for an urban area within a constituent area.

"prescribed office" means an office of delegate to a county council specified in Part 2 of the Table to section 12.

(2) Except in a case to which subsection (3) or (4) applies, a person who, immediately before 20 September 1980, held a nominated office, shall, where the date of assent to this Act occurs:

(a) on or before 20 September 1980--be deemed to be, or

(b) after 20 September 1980--be deemed to have been,

elected under the Principal Act to that office for a term commencing with 20 September 1980 and ending with 31 December 1980.

(3) Where:

(a) the date of assent to this Act occurs after 20 September 1980, and

(b) an election of aldermen or councillors for a constituent area took place under the Principal Act on 20 September 1980,

a person who, immediately before 20 September 1980, held office as mayor or president of, or alderman or councillor for, the area shall, if he would, had this Act not been enacted, have been entitled to be nominated under the Principal Act for election to fill a vacancy in that office arising on 20 September 1980, be deemed to be elected under the Principal Act to that office for a term commencing with that date of assent and ending with 31 December 1980.

(4) Where:

(a) the date of assent to this Act occurs after 20 September 1980, and

(b) an election of urban committeemen for an urban area within a constituent area took place under the Principal Act on 20 September 1980,

a person who, immediately before 20 September 1980, held office as urban committeeman for the urban area shall, if he would, had this Act not been enacted, have been entitled to be nominated under the Principal Act for election to fill a vacancy in that office arising on 20 September 1980, be deemed to be elected under the Principal Act to that office for a term commencing with that date of assent and ending with 31 December 1980.

(5) Except in a case to which subsection (6) applies, a person who, immediately before 20 September 1980, held a prescribed office, shall, where the date of assent to this Act occurs:

(a) on or before 20 September 1980--be deemed to be, or

(b) after 20 September 1980--be deemed to have been,

elected under the Principal Act to that office for a term commencing with 20 September 1980 and ending upon the expiration of the appointed period, within the meaning of section 12, for the county council to which he is so deemed to be, or so deemed to have been, elected.

(6) Where:

(a) the date of assent to this Act occurs after 20 September 1980, and

(b) an election of a person to a prescribed office took place under the Principal Act on or after 20 September 1980 and before that date of assent,

the person who, immediately before 20 September 1980, held that office shall, if he would, had this Act not been enacted, have been eligible to be elected under the Principal Act to fill a vacancy in that office on that date of assent, be deemed to be elected under the Principal Act to that office for a term commencing with that date of assent and ending upon the expiration of the appointed period, within the meaning of section 12, for the county council to which he is so deemed to be elected.

(7) In determining, under subsection (6), the eligibility of a person to be elected under the Principal Act on the date of assent to this Act to fill a vacancy in a prescribed office, it shall be assumed that an election may have been held on that date under the Principal Act to fill the vacancy.

(8) Where the date of assent to this Act occurs after 20 September 1980, any act, matter or thing done or omitted to be done during the period commencing with 20 September 1980 and ending with that date of assent 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,

deemed by subsection (2) to have been elected under the Principal Act on 20 September 1980, being an act, matter or thing that could have lawfully been done or omitted to be done if the persons so deemed to have been elected had in fact been elected under that Act on 20 September 1980, is hereby validated.