Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p38
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 38/40)
Character Range: 121051–123940

fill casual vacancy

       (1) If the Electoral Commissioner receives a request under rule 118, the Electoral Commissioner must arrange for the filling of the casual vacancy in accordance with these Rules.

       (2) If the Returning Officer has not completed the process of filling a casual vacancy when the Minister fixes a day for a poll, the Electoral Commissioner must not complete the arrangements referred to in subrule (1).

       (3) If there is no unsuccessful candidate, the Electoral Commissioner must, as soon as practicable, notify the TSRA in writing accordingly.

      Division 2  Recount of Votes

      120  Notice to unsuccessful candidates

       (1) If a casual vacancy for a ward is to be filled, the Returning Officer must give each unsuccessful candidate for the ward a written notice:
          (a) stating:
             (i) that the vacancy exists; and
             (ii) that a recount is to be held to fill the vacancy; and
          (b) a/;sking the unsuccessful candidate whether he or she wants to have his or her name included in the recount; and
          (c) stating the address to which the unsuccessful candidate must send the declaration under rule 121.

       (2) The notice under subrule (1) may be:
          (a) delivered, or sent by prepaid post, to the unsuccessful candidate:
             (i) at the address to which an objection to his or her enrolment must be sent under section 116 of the Electoral Act; or
             (ii) if the unsuccessful candidate is no longer on a Roll, at the address to which an objection would have had to be sent under section 116 of the Electoral Act on the last occasion when he or she was enrolled; or
          (b) given to the unsuccessful candidate by hand.

       (3) The Returning Officer must also publish a notice in a newspaper circulating in the ward for which the former member was elected stating:
          (a)  that the vacancy exists; and
          (b) the time and place that is fixed for the recount.

      121  Declaration by unsuccessful candidate

       (1) If an unsuccessful candidate wants to be included in the recount, the unsuccessful candidate must declare that he or she:
          (a) is qualified under section 142V of the Act to be elected as a member for the ward for which the former member was elected; and
          (b) consents to act if elected.

       (2) A declaration made under subrule (1) must be:
          (a) in the approved form; and
          (b) signed by the unsuccessful candidate in the presence of an authorised witness.

       (3) A declaration made under this rule must be given or sent to the Returning Officer:
          (a) by hand; or
          (b) by post; or
          (c) by electronic mail or facsimile transmission.

      122  Time for receipt of declarations

        A declaration must be received at the address specified under