Local Government (Elections) Act 1947 (NSW)

LOCAL GOVERNMENT (ELECTIONS) ACT.

Act No. 22, 1047.

An Act to provide for the postponement of certain elections of aldermen and councillors of certain municipalities and shires and of aldermen of the City of Sydney; for this and certain other purposes to amend the Local Government Act, 1919, the Sydney Corporation Act, 1932, and certain other Acts; and for purposes connected there­ with. [Assented to, 28th November, 1947.]

BE it enacted bv the King's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—

PAET I.

PRELIMINARY.

ACT, 1932-1942. PAET

1 . (1) Tins Act may lie cited as the "Local Govern­ ment (Elections) Act, 1947."

(2) This Act is divided into Parts as follows:—■

PAET I—PRELIMINARY.
PART II—AMENDMENTS OF LOCAL GOVERNMENT ACT,

1919.

PAET III—AMENDMENTS OF SYDNEY CORPORATION

PART I I .

AMENDMENTS OF LOCAL GOVERNMENT ACT, 1919.

2. ( 1 ) This Par t shall be read and construed with the Local Government Act, 1919 , as amended by subse­ quent Acts.

(2) The Local Government Act, 1919, as so amended, is in this Par t referred to as the Principal Act.

3 . ( 1 ) Notwithstanding anything contained in the Principal Act the triennial ordinary election of alder­ men and councillors of all areas wholly within the County of Cumberland (other than the Municipality of Strathfield) and of aldermen of the Municipality of Camden directed by that Act to be held on the sixth day of December, one thousand nine hundred and forty- seven, and the first election of aldermen of the Munici­ pality of Strathfield directed by or under that Act to be held on the sixth day of December, one thousand nine hundred and forty-seven, are hereby postponed until the first Saturday in December, one thousand nine hundred and forty-eight.

(2) The Principal Act is amended by inserting at the end of section thirty-nine the following provisos:

Provided that the appointed day for—

(i)  the first ordinary election after the com­ mencement of the Local Government (Elec­ tions) Act, 1947 , of aldermen or councillors of all areas wholly within the County of

of Strathfield) and of aldermen of the Cumberland (other than the Municipality

Municipality of Camden; and

(ii)  the first election of aldermen of the Muni­ cipality of Strathfield;

shall be the first Saturday in December, one
thousand nine hundred and forty-eight:
Provided further that the appointed day for the

ordinary election of aldermen or councillors of the areas wholly within the County of Cumberland and of the Municipality of Camden after the year one

thousand

thousand nine hundred and forty-eight shall be the first Saturday in December, one thousand nine hundred and fifty, and the same day in every third year thereafter.

(3) In respect of the ordinary elections of alder­ men and councillors of all areas wholly within the County of Cumberland and the ordinary election of aldermen of the Municipality of Camden and the first election of aldermen of the Municipality of Strathfield winch but for the operation of this Par t of this Act would be held on the sixth day of December, one thousand nine hundred and forty-seven—

(a) all nominations of persons as candidates; and

(b) all elections of candidates pursuant to section seventy-two of the Principal Act,

are hereby cancelled and shall cease to have force and
effect.

(4) All orders made by the Minister in pursuance of subsection four of section thirty-eight of the Principal Act that an election shall not be held to fill any extra­ ordinary vacancy in the office of alderman or councillor of the council of any area wholly within the County of Cumberland are hereby cancelled and an election to fill any such vacancy shall be held on a day appointed there­ for by the Minister.

(5) Notwithstanding the postponement by this
Par t of this Act of the ordinary election of aldermen

and councillors of all areas wholly within the County of

Camden, the ordinary election of mayor or president	Cumberland and of aldermen of the Municipality of
shall be held in each such area during the month of December, one thousand nine hundred and forty-seven.
(6) Notwithstanding the provisions of subsection one of section sixty-four of the Principal Act it shall not be necessary for the council of any area wholly with­ in the County of Cumberland or of the Municipality of Camden to prepare in the year one thousand nine hundred and forty-eight an original roll of electors.

(7)

(7) The general election of the Cumberland County Council required by or under the Principal Act to be held within a period of two months after the sixth day of December, one thousand nine hundred and forty- seven, is hereby postponed and shall be held within the prescribed time after the ordinary elections of aldermen and councillors of the areas wholly within the County of Cumberland to be held pursuant to this Par t of this Act in December, one thousand nine hundred and forty- eight.

PART III .

AMENDMENTS OF SYDNEY CORPORATION ACT, 1932-1942.

4. (1) This Par t shall be read and construed with the Sydney Corporation Act, 1932, as amended by sub­ sequent Acts.

(2) The Sydney Corporation Act, 1932, as so
amended, is in this Par t referred to as the Principal Act.

5. (1) Notwithstanding anything contained in the Principal Act, the election of aldermen of the City direc­ ted by section nineteen of that Act to be held on the first Saturday in December, one thousand nine hundred and forty-seven, is hereby postponed until the first Satur­ day in December, one thousand nine hundred and forty-

eight.

(2) The Principal Act is amended by omitting from subsection one of section nineteen the word "forty- one" and by inserting in lieu thereof the words "forty- eight, and on the first Saturday in December, one thou­ sand nine hundred and fifty."

(3) The aldermen in office at the commencement of this Act may, subject to the provisions of the Principal Act, as amended by this Par t of this Act, remain in office until the election of aldermen postponed pursuant to subsection one of this section is held.

(4)

(4) In respect of the election of aldermen of the City which but for the operation of this Par t of this Act would be held on the sixth day of December, one thousand nine hundred and forty-seven—

(a) all nominations of persons as candidates; and

(b) all elections of persons pursuant to section twenty-nine of the Principal Act,

are hereby cancelled and shall cease to have force and
effect.

(5) Notwithstanding anything contained in sub- section one of section seventeen of the Principal Act it shall not be necessary for the Municipal Council of Sydney to prepare in the year one thousand nine hun- dred and forty-eight an original roll of citizens.