Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 4.17

4.17 .         Cases in which vacant offices can remain unfilled

        (1)         If a member’s office becomes vacant under section 2.32 on or after the third Saturday in July in the election year in which the term of the office would have ended under the Table to section 2.28, the vacancy is to remain unfilled and the term of the member who held the office is to be regarded in section 4.6 as ending on the day on which it would have ended if the vacancy had not occurred.

        (2)         If a member’s office becomes vacant under section 2.32

            (a)         after the third Saturday in October in the year before the election year in which the term of the office would have ended under the Table to section 2.28; but

            (b)         before the third Saturday in July in that election year,

                the council may, with the approval of the Electoral Commissioner, allow the vacancy to remain unfilled and, in that case, the term of the member who held the office is to be regarded in section 4.6 as ending on the day on which it would have ended if the vacancy had not occurred.

        [(3)-(4)         deleted]

        [Section 4.17 amended: No. 49 of 2004 s. 31; No. 66 of 2006 s. 8; No. 17 of 2009 s. 12; No. 11 of 2023 s. 28.]



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