s. 38 (2A) If an extraordinary vacancy is caused by the S. 38(2A) declaration of a municipal electoral tribunal, the inserted by No. 15/1992 extraordinary vacancy occurs on the following s. 6. days— (a) if an application for review to the Victorian S. 38(2A)(a) amended by Civil and Administrative Tribunal is not No. 52/1998 served within 7 days of the decision of the s. 311(Sch. 1 item 55.1). municipal electoral tribunal, on the day after that period; (b) if an application for review to the Victorian S. 38(2A)(b) amended by Civil and Administrative Tribunal is No. 52/1998 dismissed, on the day the decision is given. s. 311(Sch. 1 item 55.1). (2AA) If an extraordinary vacancy is caused by the S. 38(2AA) inserted by decision of the Victorian Civil and Administrative No. 109/2003 Tribunal on an application for review, the s. 18(3). extraordinary vacancy occurs on the day the decision is given. (2B) Subsection (2A) or (2AA) applies in respect of a S. 38(2B) inserted by general election and for that purpose all the No. 15/1992 extraordinary vacancies are deemed to have s. 6, amended by occurred on the same day as determined in No. 109/2003 ss 16(1)(a), accordance with that subsection. 18(4). S. 38(2C) (2C) Despite subsection (3), if more than one inserted by extraordinary vacancy in a ward is caused by the No. 15/1992 s. 6, declaration of a municipal electoral tribunal or the amended by decision of the Victorian Civil and Administrative No. 109/2003 Tribunal, an election must be held to fill all the s. 18(5). extraordinary vacancies at the same time. (3) If more than 1 extraordinary vacancy occurs in S. 38(3) substituted by respect of the same ward and an election is No. 13/1990 required to be held to fill the vacancies on the s. 7, amended by same day, one election must be held to fill all the No. 109/2003 extraordinary vacancies at the same time. s. 18(6).
S. 38(2A) inserted by No. 15/1992 s. 6. (2A) If an extraordinary vacancy is caused by the declaration of a municipal electoral tribunal, the extraordinary vacancy occurs on the following days— S. 38(2A)(a) amended by No. 52/1998 s. 311(Sch. 1 item 55.1). (a) if an application for review to the Victorian Civil and Administrative Tribunal is not served within 7 days of the decision of the municipal electoral tribunal, on the day after that period; S. 38(2A)(b) amended by No. 52/1998 s. 311(Sch. 1 item 55.1). (b) if an application for review to the Victorian Civil and Administrative Tribunal is dismissed, on the day the decision is given. S. 38(2AA) inserted by No. 109/2003 s. 18(3). (2AA) If an extraordinary vacancy is caused by the decision of the Victorian Civil and Administrative Tribunal on an application for review, the extraordinary vacancy occurs on the day the decision is given. S. 38(2B) inserted by No. 15/1992 s. 6, amended by No. 109/2003 ss 16(1)(a), 18(4). (2B) Subsection (2A) or (2AA) applies in respect of a general election and for that purpose all the extraordinary vacancies are deemed to have occurred on the same day as determined in accordance with that subsection. s. 38 S. 38(2C) inserted by No. 15/1992 s. 6, amended by No. 109/2003 s. 18(5). (2C) Despite subsection (3), if more than one extraordinary vacancy in a ward is caused by the declaration of a municipal electoral tribunal or the decision of the Victorian Civil and Administrative Tribunal, an election must be held to fill all the extraordinary vacancies at the same time. S. 38(3) substituted by No. 13/1990 s. 7, amended by No. 109/2003 s. 18(6). (3) If more than 1 extraordinary vacancy occurs in respect of the same ward and an election is required to be held to fill the vacancies on the same day, one election must be held to fill all the extraordinary vacancies at the same time.
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