South Australian Numbered Acts

STATUTES AMENDMENT (LOCAL GOVERNMENT REVIEW) ACT 2021 (NO 26 OF 2021) - SECT 151

151—Insertion of section 6A

After section 6 insert:

6A—Filling vacancy in certain circumstances

        (1)         If—

            (a)         a casual vacancy has occurred; and

            (b)         a supplementary election is not to be held by virtue of the operation of section 6(2)(c),

the vacancy will be filled in accordance with this section.

        (2)         For the purposes of subsection (1)

—

            (a)         the returning officer must, in accordance with the regulations, determine the candidate—

                  (i)         in the most recent election for the relevant office; or

                  (ii)         if a supplementary election is not to be held by virtue of the operation of section 6(2)(c)(ii)(B)—in the designated supplementary election referred to in that subsubparagraph,

to fill the vacancy (a "successful candidate"); and

            (b)         the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate—

                  (i)         is still willing to be elected to the relevant office; and

                  (ii)         is still eligible to be elected to the relevant office; and

            (c)         —

                  (i)         if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or

                  (ii)         if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office.