Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020 - SECT 282

Conduct of countback

    (1)     The election manager must make reasonable efforts to—

        (a)     notify the candidate who would be declared elected as a result of the countback; and

        (b)     invite the candidate to complete a written declaration within 48 hours that the candidate is qualified to be a Councillor.

    (2)     If the candidate completes the written declaration under subsection (1), section 284 applies.

    (3)     If the candidate does not complete the written declaration under subsection (1), a further count is to be conducted as soon as is practicable after the period in subsection (1) has expired until—

        (a)     a candidate who would be declared elected as a result of the countback and is invited to complete a written declaration within 48 hours that the candidate is qualified to be a Councillor does so; or

        (b)     if there is only one candidate remaining, the candidate is invited to complete a written declaration within 48 hours that the candidate is qualified to be a Councillor and does so; or

        (c)     there are no eligible candidates remaining.

    (4)     For the purposes of the application of subsection (3), each time the process is repeated, a preference indicated for a candidate who failed to complete a written declaration is to be disregarded.

    (5)     If subsection (3)(a) or (b) applies, section 284 applies.

    (6)     If subsection (3)(c) applies, the countback has failed and section 283 applies.



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