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LOCAL GOVERNMENT ACT 2009 - SECT 166B
Filling particular vacancies arising during final part of local government’s term
166B Filling particular vacancies arising during final part of
local government’s term
(1) This section applies if a local government is to fill the vacant office of
a councillor (the
"former councillor" ) under section 166 (1) (c) .
(2) The vacant office must
be filled by the local government appointing, by resolution, a person who—
(a) is qualified to be a councillor; and
(b) if the former councillor was
elected or appointed to office as a political party’s nominee—is the
political party’s nominee.
(3) If subsection (2) (b) applies, the chief
executive officer must request the political party to advise the full name and
address of its nominee.
(4) The request must be made by a notice given to the
political party’s registered officer within 14 days after the office becomes
vacant.
(5) If subsection (2) (b) does not apply, the chief executive officer
must, within 14 days after the office becomes vacant, invite nominations—
(a) from any person who is qualified to be a councillor, by notice
published— (i) on the local government’s website; and
(ii) in other ways
the chief executive officer considers appropriate; and
(b) from each person
who was a candidate for the office of the former councillor at the most recent
quadrennial election, by notice.
(6) If the chief executive officer receives
any nominations from qualified persons or candidates, the local government
must fill the vacant office by appointing 1 of those persons or candidates.
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