(1) At 12 noon on the
tenth day after the day on which notice of a vacancy was published under
section 156C(1)(a) the Electoral Commissioner shall declare the names of each
person who has made a nomination in accordance with section 156C (in this
section referred to as a consenting candidate ).
(2) If there is no
consenting candidate for the vacancy the Electoral Commissioner shall, by
written notice, inform the Governor accordingly.
(3) If there is only
one consenting candidate for the vacancy the Electoral Commissioner shall
—
(a)
declare that consenting candidate to be elected as a member of the Council to
fill the vacancy; and
(b) by
written notice, inform the Governor of the election of that consenting
candidate.
(4) If there are 2 or
more consenting candidates for the vacancy the Electoral Commissioner, using
the method prescribed in Schedule 1, shall re-count the votes on the ballot
papers used in the counting of votes at the original election.
(5) On the re-count
under subsection (4) a preference indicated on a ballot paper for a previously
elected member whose seat has become vacant shall be disregarded and the
ballot paper shall be treated as if the numeral indicating any subsequent
preference had been altered accordingly.
(6) If on the re-count
under subsection (4) a non-participating candidate is elected that election
has no effect and the Electoral Commissioner shall terminate that re-count and
repeat the procedure of re-counting the votes on the ballot papers until a
consenting candidate is elected.
(7) On a re-count
under subsection (6) a preference indicated on a ballot paper for —
(a) a
previously elected member whose seat has become vacant; or
(b) a
non-participating candidate who has been elected on the re-count under
subsection (4) or on a previous re-count under subsection (6),
shall be disregarded
and the ballot paper shall be treated as if the numeral indicating any
subsequent preference had been altered accordingly.
(8) When on a re-count
under this section a consenting candidate is elected the Electoral
Commissioner shall —
(a) in
the prescribed manner, declare that consenting candidate to be elected as a
member of the Council to fill the vacancy; and
(b) by
written notice, inform the Governor of the election of that consenting
candidate.
(9) A re-count under
this section does not affect the election of a previously elected member and
where a previously elected member is elected or excluded during a re-count
that election or exclusion has effect for the purposes of the continuation of
the re-count and for those purposes only.
(10) The Electoral
Commissioner shall make such arrangements for a re-count under this section as
are prescribed.
(11) A consenting
candidate or the consenting candidate’s official agent may appoint one
scrutineer to represent the candidate at a re-count under this section.
(12) When a member has
been elected under this section the Electoral Commissioner shall not destroy
papers and documents relating to the election of the member until the election
can be no longer questioned.
(13) If no re-count
under subsection (4) or (6) results in the election of a consenting candidate
the Electoral Commissioner shall, by written notice, inform the Governor that
the vacancy has not been filled under this section.
(14) In this section
—
ballot paper includes a vote record;
non-participating candidate means a person who was
a candidate at the original election and is neither a consenting candidate nor
a previously elected member;
previously elected member means a person who
—
(a) was
elected as a member of the Council at the original election; or
(b) was
declared elected as a member of the Council under this section after the
original election.
[Section 156D inserted: No. 66 of 1990 s. 3;
amended: No. 36 of 2000 s. 55(2); No. 35 of 2012 s. 26; No. 14 of 2016 s. 25.]