Victorian Current Acts Victorian Current Acts(1) Subject to section 259, a by-election must be held to fill an extraordinary vacancy if the extraordinary vacancy occurs—
(a) in a ward consisting of one Councillor; or
(b) in a ward consisting of more than one Councillor but there are no eligible candidates from the last election who are available to be elected by a countback; or
(c) in a ward that has already held a by-election to fill an extraordinary vacancy since the last general election.
(2) Subject to subsection (3), a by-election must be held on a Saturday on a date fixed by the VEC that occurs within 100 days—
(a) of the date of the extraordinary vacancy occurring; or
(b) of the date of the determination by the election manager that the extraordinary vacancy cannot be filled by a countback.
(3) If the VEC considers that the process for holding a by-election in accordance with subsection (2) would be adversely affected by a public holiday or a school holiday, the VEC may do any or all of the following—
(a) fix as the by-election date a Saturday not later than 150 days after the date specified in subsection (2)(a) or (b);
(b) fix a different date for the close of the roll;
(c) fix a different nomination day.
(4) The VEC must—
(a) publish any date fixed in accordance with subsection (2) or (3) in the Government Gazette; and
(b) advise the Minister and the relevant Council as to the date fixed in accordance with subsection (2) or (3).