(1) In this section
—
emergency means —
(a) the
occurrence, or imminent occurrence, of an event, situation or condition that
is a hazard under the definition of that term in the Emergency Management Act
2005 section 3; or
(b) a
public health emergency as defined in the Public Health Act 2016 section
4(1);
land transaction has the meaning given in
section 3.59(1);
major land transaction has the meaning given in
section 3.59(1);
major trading undertaking has the meaning given in
section 3.59(1);
senior employee means a senior employee under
section 5.37;
significant act means any of the following —
(a)
making a local law (including making a local law to amend or repeal a local
law);
(b)
entering into, or renewing or terminating, the contract of employment of the
CEO or of a senior employee;
(c)
entering into a major land transaction;
(d)
entering into a land transaction that is preparatory to entry into a major
land transaction;
(e)
commencing a major trading undertaking;
(f)
entering into a contract, or other agreement or arrangement, in prescribed
circumstances;
(g)
inviting tenders in prescribed circumstances;
(h)
deciding to do anything referred to in paragraphs (a) to (g);
(i)
an act done under a written law or otherwise that is a
prescribed act.
(2) During a caretaker
period, a local government must not do a significant act.
(3) Subsections (4) to
(6) apply despite subsection (2).
(4) A local government
may do a significant act during a caretaker period if —
(a) the
local government’s decision to do the significant act was made before
the caretaker period; and
(b) any
prescribed requirements are met.
(5) A local government
may do a significant act during a caretaker period if it is necessary for the
local government to do the significant act during the caretaker period in
order to comply with any of the following —
(a) a
written law;
(b) an
order of a court or tribunal;
(c) a
contractual obligation of the local government under a contract entered into
by the local government before the caretaker period.
(6) The Departmental
CEO may authorise a local government to do a significant act during a
caretaker period if the Departmental CEO is satisfied that it is necessary for
the local government to do the significant act during the caretaker period
—
(a)
because of an emergency; or
(b) to
ensure the proper operation of the local government.
[Section 3.73 inserted: No. 11 of 2023 s. 23.]
What this Part is about
This Part deals with elections of mayors and presidents by electors, elections
of councillors, and polls and referendums, and with related matters.
In particular —
(a)
Divisions 2, 3, 4, 5 and 6 describe the different kinds of elections and
direct when those elections are to be held;
(b)
Division 7 is about the officials who conduct elections;
(c)
Division 8 sets out the qualifications for enrolment to vote at elections;
(d)
Division 9 deals with the process of preparing for and conducting an election;
(e)
Division 10 deals with complaints about the results of elections;
(f)
Division 11 sets out a number of offences in relation to elections and
provides for investigation and prosecution of offences;
(g)
Division 12 deals with polls and referendums.