South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 56

56—General election to be held in special case

        (1)         If—

            (a)         the membership of a council falls below the prescribed number (a "prescribed occurrence"); and

            (b)         the prescribed occurrence occurs—

                  (i)         before 1 January of the year in which a periodic election is next due to be held; or

                  (ii)         more than 7 months before polling day for a general election (other than a periodic election) (the date of that polling day being known at the time of the occurrence); and

            (c)         the reason for the prescribed occurrence is that a number of members of the council equal to, or exceeding, the prescribed number have resigned on the express ground (stated in the notice or notices of resignation to the chief executive officer) that they consider that relations within the membership of the council are such that the council can no longer continue to conduct its affairs in an appropriate manner and that accordingly action should be taken under this Division,

the chief executive officer of the council must, by notice in the Gazette, declare that the council is a council to which this Division applies.

        (2)         If a declaration is made under subsection (1), a general election must be held for the council as soon as practicable after the date of the declaration on a day fixed as polling day by the chief executive officer in the notice under subsection (1). ¹

        (3)         In this section—

"prescribed number" of members of a council is a number ascertained by dividing the total number of members that constitute the council (assuming no vacancies) by two, ignoring any fraction resulting from the division, and adding one.

Note—

1         The term of office of any remaining members of the council will expire at the conclusion of this general election—see Division 1.