South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, if—
(a) an
election (other than a supplementary election) wholly or partially fails or is
declared void; or
(b) a
casual vacancy occurs in the office of a member of a council,
a supplementary election will be held to fill the office or offices not filled
by the election, or the office that has become vacant.
(2) A supplementary
election will not be held to fill a casual vacancy if—
(a) the
vacancy occurs—
(i)
on or after 1 January of a year in which a
periodic election is due to be held and before the date on which nominations
for that election are invited under section 18; or
(ii)
within 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 of the vacancy); or
(b)
—
(i)
the vacancy is for an office other than mayor; and
(ii)
the area of the council is not divided into wards; and
(iii)
there is no other vacancy in the office of a member of
the council; and
(iv)
it is a policy of the council that it will not fill such
a casual vacancy until the next general election.
(3) However, if—
(a) a
vacancy has not been filled due to the operation of subsection (2)(b);
and
(b)
another vacancy occurs in the office of a member; and
(c) the
other vacancy has not occurred—
(i)
on or after 1 January of a year in which a
periodic election is due to be held and before the date on which nominations
for that election are invited under section 18; or
(ii)
within 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 of the vacancy),
then a supplementary election must be held to fill the vacant offices.
(4) If—
(a) a
casual vacancy has occurred; and
(b) a
supplementary election is not to be held by virtue of the operation of
subsection (2)(b),
any subsequent revocation or alteration of a policy of the council in force
for the purposes of subsection (2)(b) cannot have effect so as to require
the casual vacancy to be filled before the next general election.
(5) Subject to this
Act, a supplementary election must be held as soon as practicable after the
occasion for the election arises.
(6) The
returning officer must, by public notice, fix a day as polling day for the
supplementary election.
(7) A notice under
subsection (6) must also fix a day for the close of the voters roll for
the purposes of the election (the "closing date ).
(8) Voting at a
supplementary election will close at 12 noon on polling day.