(1) Subject to this
section the CEO is the returning officer of a local government for each
election.
(2) A local government
may, having first obtained the written agreement of the person concerned and
the written approval of the Electoral Commissioner, appoint* a person other
than the CEO to be the returning officer of the local government for —
(a) an
election; or
(b) all
elections held while the appointment of the person subsists.
* Absolute majority required.
(3) An appointment
under subsection (2) —
(a) is
to specify the term of the person’s appointment; and
(b) has
no effect if it is made after the 80 th day before an election day.
(4) A local government
may, having first obtained the written agreement of the Electoral
Commissioner, declare* the Electoral Commissioner to be responsible for the
conduct of an election, or all elections conducted within a particular period
of time, and, if such a declaration is made, the Electoral Commissioner is to
appoint a person to be the returning officer of the local government for the
election or elections.
* Absolute majority required.
(5) A declaration
under subsection (4) has no effect if it is made after the 80 th day before
election day unless a declaration has already been made in respect of an
election for the local government and the declaration is in respect of an
additional election for the same local government.
(6) A declaration made
under subsection (4) on or before the 80 th day before election day cannot be
rescinded after that 80 th day.
[Section 4.20 amended: No. 64 of 1998 s. 19(1);
No. 49 of 2004 s. 16(4) and 32(1)-(4).]