Western Australian Current Acts Western Australian Current Acts (1) The days on which
the term of a person holding an office on a council begins and ends depend on
the nature of the office and the circumstances in which the person is elected
to hold the office.
(2) The days are to be
determined in accordance with the Table to this section.
Table to section 2.28
Terms of office
|
Item |
Kind of office |
How elected |
Term begins |
Term ends |
|---|---|---|---|---|
|
1. |
Elector mayor or president |
Elected at an inaugural election, or a section 4.11, 4.12, 4.13 or 4.14
election, in an election year |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day on which a poll
would have been held |
On the third Saturday in October in the fourth year after the year in which
the term began (but note sections 2.14 and 2.30) |
|
2. |
Elector mayor or president |
Elected at an inaugural election, or a section 4.11, 4.12, 4.13 or 4.14
election, in a year other than an election year |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day on which a poll
would have been held |
On the third Saturday in October in the third year after the year in which the
term began (but note sections 2.14 and 2.30) |
|
3. |
Councillor |
Elected at an inaugural election or any other election not dealt with in item
4, 4A, 5, 6, 8 or 9 |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day on which a poll
would have been held |
On the day determined by the returning officer under section 4.78 (but note
section 2.30) |
|
4. |
Elector mayor or president |
Elected at an ordinary election not dealt with in item 4A |
On the day after the ordinary elections day |
On the third Saturday in October in the fourth year after the year in which
the term began (but note sections 2.14 and 2.30) |
|
4A. |
Councillor |
Elected at an ordinary election which was an election for all offices of
councillor, or for all offices of councillor for a ward, in a case where
provision made by a change order under section 2.18A(8) applied |
On the day after the ordinary elections day |
On the day determined by the returning officer under section 4.78 (but note
section 2.30) |
|
5. |
Elector mayor or president |
Elected at an extraordinary election not dealt with in item 6, 7 or 8 |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination |
On the day on which the term of office of the person whose office has become
vacant would have ended if the vacancy had not occurred |
|
6. |
Elector mayor or president |
Elected at an extraordinary election to fill a vacancy arising by resignation
including an election required under section 4.57 or 4.58 in respect of such
an extraordinary election |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the nomination day, unless the office has not then become vacant in which case the term begins
when the office becomes vacant |
On the day on which the term of office of the person whose office has or will
become vacant would have ended if the vacancy had not occurred |
|
7. |
Elector mayor or president |
Elected at an extraordinary election required under section 4.57 or 4.58 in
respect of an ordinary election |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination |
On the third Saturday in October in the fourth year after the year in which
the term began (but note sections 2.14 and 2.30) |
|
8. |
Councillor |
Elected at an extraordinary election required under section 4.57 or 4.58 in
respect of an ordinary election |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination |
On the day determined by the returning officer under section 4.78 (but note
section 2.30) |
|
9. |
Elector mayor or president |
Elected at a section 4.15 election |
On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination |
On the day ascertained as if the election were the election that has been
declared invalid |
|
10. |
Elector mayor president |
Appointed under section 4.57(3) |
On the day on which — (a) the person is appointed; or (b) the person’s term would have begun if
the person had been elected under section 4.57(1), whichever is later |
On the day on which the term would have ended if the person had been elected
under section 4.57(1) (but see Schedule 4.2, clause 9) |
|
11. |
Councillor mayor or president |
Elected at any election |
When the person is elected |
When the mayor or president is next elected at or after the local
government’s next ordinary elections |
|
12. |
Deputy mayor or deputy president |
Elected at any election |
When the person is elected |
At the start of the first meeting of the council after the local
government’s next ordinary elections |
|
13. |
Elector mayor or president OR councillor |
Elected under Schedule 4.1A |
On the day on which the person is elected |
On the day on which the former member’s term of office would have ended
had the office not become vacant |
|
14. |
Councillor |
Elected under Schedule 4.1B |
On the day after the day on which the poll for the concurrent election is held
|
On the day on which the former member’s term of office would have ended
had the office not become vacant |
[Section 2.28 amended: No. 66 of 2006 s. 4; No. 2
of 2012 s. 7; No. 11 of 2023 s. 19.]