Local Government Amendment (Election Date) Act 2008 (NSW)

An Act to amend the Local Government Act 1993 to change the date for the holding of ordinary elections of councillors in and after 2008.

1Name of Act

This Act is the Local Government Amendment (Election Date) Act 2008.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 287 When is an ordinary election of councillors held?

Omit section 287 (1). Insert instead:

(1)

An ordinary election of the councillors for an area is to be held on the second Saturday of September 2008 and on the second Saturday of September in every fourth year after 2008.

[2]Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts

Insert at the end of clause 1 (1):

Local Government Amendment (Election Date) Act 2008

[3]Schedule 8, Part 29

Insert after Part 28 of Schedule 8:

Part 29Provisions consequent on enactment of Local Government Amendment (Election Date) Act 200891Effective date of party registration for the purposes of September 2008 elections(1)

This clause applies in relation to the ordinary elections of councillors to be held in 2008 and any other concurrent elections, constitutional referendums or council polls to be held under this Act.

(2)

Section 66FA of the Parliamentary Electorates and Elections Act 1912, as applied by section 320 of this Act, does not apply to a political party that became registered under Part 7 of Chapter 10 on or before 27 August 2007.

Note—

Section 66FA of the Parliamentary Electorates and Elections Act 1912 (which applies to parties registered under that Act and is applied, with modifications, to parties registered under the Local Government Act 1993) provides that the registration of a party does not become effective until the first anniversary of its registration for the purposes of party endorsement on ballot-papers, the nomination of candidates by a party, and the registration of electoral material by a party.