Northern Territory Numbered Acts

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LOCAL GOVERNMENT ACT 2019 (NO 39 OF 2019) - SECT 95

Procedure at meeting

    (1)     The chairperson of a meeting of a council is:

    (a)     if the principal member is present – the principal member; or

    (b)     if the principal member is not present but the deputy principal member is present – the deputy principal member; or

    (c)     if neither the principal member nor the deputy principal member is present but an acting principal member is present – the acting principal member; or

    (d)     if neither the principal member nor the deputy principal member is present and there is no acting principal member or the acting principal member is not present – a member chosen, by resolution, by the members present at the meeting to chair the meeting.

    (2)     A quorum at a meeting of a council consists of a majority of the council's members holding office at the time of the meeting.

    (3)     A member who is not physically present at a meeting of a council is taken to be present at the meeting if:

    (a)     the member's attendance at the meeting by means of an audio or audiovisual conferencing system is authorised in accordance with a council resolution establishing a policy for attendance in such a manner; and

    (b)     communication is established by means of the conferencing system, at or around the commencement of the meeting, between the member and the members present at the place appointed for the meeting; and

    (c)     the member has the same or substantially the same opportunity to participate in debate, and to register an opinion, on questions arising for decision as if the member were physically present at the meeting.

    (4)     Subject to this Act, a decision carried by a majority of the votes of the members present at a meeting of a council is a decision of the council.

    (5)     Each member present at a meeting has and must exercise one vote on a question arising for decision at the meeting and, if the council has a policy allowing the chairperson to exercise a casting vote, the chairperson must exercise, in the event of an equality of votes, a second or casting vote.

    (6)     A policy to allow the chairperson to exercise a casting vote:

    (a)     may only be established by resolution of the council passed at the first meeting of the council to be held after a general election; and

    (b)     cannot be altered or revoked during the term of the council; and

    (c)     lapses at the conclusion of the next general election.

    (7)     Unless the council decides unanimously to take a vote by secret ballot, voting is to be by show of hands.

    (8)     Subject to this Act, and any by-laws regulating the procedure at a meeting, a council may determine its own procedures.



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