Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 2.13

2.13 .         When new method takes effect

        (1)         A decision under section 2.11(2) to change to the election by electors method has effect in relation to the filling of the office of mayor or president at the next ordinary elections of the local government held after the decision is made and from then on until a change under section 2.11(4) to the election by the council method takes effect.

        (2)         A change under section 2.11(4) to the election by the council method has effect in relation to the filling of the office of mayor or president at the first meeting of the council after the ordinary elections of the local government in the year in which the term of office of the incumbent mayor or president ends and from then on until a decision under section 2.11(2) to change to the election by electors method takes effect.

        (3)         A decision under section 2.11(2) has no effect if it is made during, and a decision under section 2.12A(2) has no effect unless a poll resulting from it is held before, the period beginning on the 80 th day before, and ending on, the ordinary election day in the year in which the term of office of the incumbent mayor or president ends.

        (4)         A change made by regulations to the election by the electors method under section 2.12B(1)(b) has effect —

            (a)         in accordance with regulations made as referred to in section 2.12B(2)(a); and

            (b)         from then on, subject to subsection (5).

        (5)         If a local government ceases to be subject to regulations made for the purposes of section 2.12B(1)(a), the election by the electors method must nevertheless be used for filling the office of mayor or president until a change under section 2.11(4) to the election by the council method takes effect.

        [Section 2.13 amended: No. 64 of 1998 s. 19(2); No. 49 of 2004 s. 17(5)-(7); No. 11 of 2023 s. 11.]



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