Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 2.12A

2.12A .         Procedure to change method to election by council

        (1)         If —

            (a)         electors of the district, acting under section 2.12(1), propose; or

            (b)         the council, by motion passed by it, proposes,

                to change the method of filling the office of mayor or president of the local government from the election by the electors method to the election by the council method, the local government is to —

            (c)         give local public notice of the proposal stating that submissions about the proposal may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and

            (d)         consider or reconsider the proposal in view of any submissions received.

        (2)         Subject to section 2.13(3), if the local government decides to proceed with the proposal, there is to be a poll of the electors of the district on the proposal and —

            (a)         the Advisory Board is to —

                  (i)         determine the question to be voted on by the electors of the district; and

                  (ii)         prepare a summary of the case for each way of voting on the question;

                and

            (b)         the Electoral Commissioner is to —

                  (i)         make the summary available to the electors before the poll is conducted; and

                  (ii)         be responsible for the conduct of the poll; and

                  (iii)         appoint a person to be the returning officer of the local government for the poll;

                and

            (c)         the local government is to meet the expenses of the Electoral Commissioner in connection with the poll to the extent required by regulations.

        (3)         The returning officer is to conduct the poll for and under the direction of the Electoral Commissioner.

        (4)         As soon as is practicable after the result of the poll is known the returning officer is to declare and give notice of the result in accordance with regulations.

        (5)         A poll referred to in this section is not to be held more than once in every 4 years in a district, even if a proposal has been made by the electors under section 2.12.

        [Section 2.12A inserted: No. 49 of 2004 s. 17(4).]



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