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ocal Government Amendment (Conduct of Elections) Bill 2013 No , 2013 A Bill for An Act to amend the Local Government Act 1993 to make further provision for the administration of council elections by the Electoral Commissioner. Clause 1 Local Government Amendment (Conduct of Elections) Bill 2013 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Local Government Amendment (Conduct of Elections) 3 Act 2013. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 Page 2 Local Government Amendment (Conduct of Elections) Bill 2013 Amendment of Local Government Act 1993 No 30 Schedule 1 Schedule 1 Amendment of Local Government Act 1 1993 No 30 2 [1] Section 296 3 Omit the section. Insert instead: 4 296 How elections are to be administered 5 (1) Elections for the purposes of this Chapter are to be administered 6 by the general manager of the council concerned, except as 7 provided by this section. 8 Note. Section 18 provides that certain provisions of this Act (relating to 9 the conduct of elections) apply to council polls and constitutional 10 referendums, with such modifications as may be necessary, in the same 11 way as they apply to elections. 12 (2) A council can enter into an arrangement (an election 13 arrangement) with the Electoral Commissioner, by contract or 14 otherwise, for the Electoral Commissioner to administer 15 elections of the council as provided by this section. If such an 16 arrangement is entered into, the Electoral Commissioner is to 17 administer elections of the council in accordance with the 18 arrangement. 19 (3) An election arrangement for the Electoral Commissioner to 20 administer all elections of a council can be entered into if: 21 (a) the council resolves at least 18 months before the next 22 ordinary election of councillors that such an arrangement 23 is to be entered into, and 24 (b) the arrangement is entered into no later than 15 months 25 before the next ordinary election of councillors. 26 (4) An election arrangement for the Electoral Commissioner to 27 administer a particular election of a council (other than an 28 ordinary election of councillors) can be entered into at any time 29 if the council has resolved that an election arrangement for the 30 election is to be entered into. 31 (5) An election arrangement for the Electoral Commissioner to 32 administer an ordinary election of councillors can be entered into 33 less than 15 months before the election if: 34 (a) the council has resolved that an election arrangement for 35 the election is to be entered into, and 36 (b) the Electoral Commissioner is satisfied that there are 37 exceptional circumstances that make it necessary or 38 Page 3 Local Government Amendment (Conduct of Elections) Bill 2013 Schedule 1 Amendment of Local Government Act 1993 No 30 desirable for the election to be administered by the 1 Electoral Commissioner. 2 (6) An election arrangement for the Electoral Commissioner to 3 administer all elections of a council can be terminated by the 4 council or the Electoral Commissioner at any time after the next 5 ordinary election of councillors (by giving written notice of 6 termination). If the arrangement is not terminated by either party 7 after an ordinary election of councillors, the arrangement is 8 automatically terminated 18 months before the next ordinary 9 election of councillors. 10 (7) The Electoral Commissioner is to administer the first election for 11 an area after its constitution. Expenses incurred by the Electoral 12 Commissioner (including the remuneration of election officials) 13 in connection with such an election are to be met by the council 14 and are recoverable from the council as a debt owed to the 15 Electoral Commissioner. 16 (8) This section does not apply to an election of the mayor or a 17 deputy mayor by councillors. 18 [2] Schedule 8 Savings, transitional and other provisions consequent on 19 the enactment of other Acts 20 Omit clause 102A. 21 [3] Schedule 8 22 Insert at the end of the Schedule with appropriate Part and clause numbering: 23 Part Provisions consequent on enactment of 24 Local Government Amendment (Conduct 25 of Elections) Act 2013 26 Existing arrangements for elections to be administered by 27 Electoral Commissioner 28 (1) A contract or arrangement with the Electoral Commissioner in 29 force under section 296 immediately before the commencement 30 of this clause is terminated as follows: 31 (a) the contract or arrangement is terminated on the 32 commencement of this clause unless paragraph (b) applies, 33 (b) if an election is pending under the contract or arrangement 34 on the commencement of this clause, the contract or 35 arrangement is terminated on the conclusion of that 36 election. 37 Page 4 Local Government Amendment (Conduct of Elections) Bill 2013 Amendment of Local Government Act 1993 No 30 Schedule 1 (2) An election is pending under a contract or arrangement if the 1 contract or arrangement provides for the Electoral Commissioner 2 to administer the election and the Electoral Commissioner has, 3 before the commencement of this clause, commenced 4 preparations for the administration of the election by the 5 Electoral Commissioner. 6 (3) The termination of a contract or arrangement by this clause does 7 not affect any liability incurred under the contract or arrangement 8 before the contract or arrangement was terminated. 9 Page 5
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