Federal Register of Legislation - Australian Government

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Zone Election Rules 1990

Authoritative Version
Rules/Other as amended, taking into account amendments up to Zone Election Amendment Rules 2002 (No. 1)
Registered 07 Sep 2010
Start Date 30 Oct 2002
End Date 24 Mar 2005
Date of repeal 24 Mar 2005
Repealed by Other
Repealing Comments Enabling provision repealed by Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (Act No. 32 of 2005).

Aboriginal and Torres Strait Islander Commission (Zone Election) Rules 1990

as amended

made under section 138 of the

This compilation was prepared on 14 November 2002
taking into account amendments up to Zone Election Amendment Rules 2002 (No. 1)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Contents

Page

Part 1                 Preliminary

                        1     Name of Rules [see Note 1]                                                                  4

                        2     Interpretation                                                                                       4

                        3     Minister to fix times, days and locations for zone elections                     4

                        4     Notice to Electoral Commissioner and voters                                         5

                        5     List of voters                                                                                       5

Part 2                 Nominations

                        6     Qualifications of person nominated                                                        6

                        7     Calling of nominations                                                                          6

                        8     Manner of nomination                                                                           6

                       10     Rejection of nominations                                                                      6

                       11     Close of nominations                                                                           6

                       12     Withdrawal of nominations                                                                    7

                       13     Procedure on nomination day                                                               7

                       14     Failure of election                                                                                7

                       15     Failure of election                                                                                7

Part 3                 The poll

                       16     Determination of order of candidates on ballot‑papers                              9

                       17     Ballot-paper                                                                                        9

                       18     Procedure before polling                                                                       9

                       19     Manner of voting                                                                                  9

                       20     Close of the poll                                                                                 10

                       26     Penalty for inducing voter to hand over ballot-paper                               10

                       27     Duty of persons present when a voter votes                                          10

                       29     Mistakes                                                                                           10

Part 4                 The scrutiny

                       31     Scrutiny                                                                                            11

                       32     Appointment of scrutineers                                                                 11

                       33     Informal ballot-papers                                                                         11

                       34     Conduct of a count                                                                             11

                       35     Counting of votes                                                                               11

                    35A     Method of determining successful candidates                                       12

                       36     Action on objections to ballot-papers                                                   13

                       37     Persons not to mark ballot-papers so that voter can be identified            13

                       38     Completion of the count                                                                      13

                       39     Conduct of a recount                                                                          14

                       40     Powers in relation to a recount                                                            14

                       41     Marking of ballot-papers at recount                                                      14

Part 5                 The declaration of the poll

                       42     Declaration of the poll                                                                         15

Part 6                 Casual Vacancies

                       45     Interpretation                                                                                     16

                       46     Notice to the Commission or TSRA of casual vacancy                          16

                       47     Supplementary election to be held                                                       16

                       48     Determination of times and days for holding supplementary election       16

                    48A     Notification to Electoral Commissioner and voters                                 17

                       49     Request to the Electoral Commissioner                                               17

                       50     Conduct of supplementary elections                                                    17

Part 7                 Offences

                       51     Scrutineers to observe secrecy                                                           18

                       52     Authorised electoral officers to maintain secrecy                                  18

                       53     Bribery                                                                                              18

                       54     Authorised electoral officers not to contravene Rules etc.                      19

                       55     Interference with political liberty                                                           19

                       56     Authorised electoral officers not to influence vote                                  19

                       57     Signature to electoral paper                                                                19

                       58     Witnessing electoral papers                                                                20

                       59     Unlawfully marking ballot-papers                                                         20

                       60     Other offences relating to ballot‑papers etc                                           20

                       61     Forging or uttering electoral papers                                                      21

                       62     Defamation of candidate                                                                     21

Part 8                 Miscellaneous

                       65     Preservation of documents                                                                  22

                       66     Collection of statistical information                                                      22

                       67     Delegation                                                                                         22

Notes                                                                                                                              23

 


Part 1                 Preliminary

  

1              Name of Rules [see Note 1]

                These Rules are the Aboriginal and Torres Strait Islander Commission (Zone Election) Rules 1990.

2              Interpretation

         (1)   In these Rules, unless the contrary intention appears:

approved means approved in writing by the Electoral Commissioner.

authorised electoral officer has the same meaning as in section 139 of the Act.

Electoral Commissioner means the Electoral Commissioner mentioned in section 18 of the Commonwealth Electoral Act 1918.

intermediate poll means a poll conducted under subrule 35A (6) or (9).

nomination day, for a zone election, means the day determined by the Minister under paragraph 3 (1) (a) for that election.

nomination time, for a zone election, means the time on the nomination day for that election that is determined by the Minister under paragraph 3 (1) (b).

polling day means the day determined by the Minister under paragraph 3 (1) (d) as the day for the close of the poll in an election.

the Act means the Aboriginal and Torres Strait Islander Commission Act 1989.

voter:

                (a)    for a zone election (other than a zone election for the Torres Strait zone), means a member of a Regional Council entitled to vote in that election for a zone representative; and

               (b)    for a zone election for the Torres Strait zone, means a member of the TSRA entitled to vote in that election for a representative of the Torres Strait zone.

zone representative means a person elected under subsection 131 (1) or 131 (1A) of the Act and in accordance with these Rules.

3              Minister to fix times, days and locations for zone elections

         (1)   Subject to section 133 of the Act, the Minister may, by notice in writing, determine for each round of zone elections or a zone election for the Torres Strait zone:

                (a)    the day for the close of nominations; and

               (b)    the time on that day for the close of nominations; and

                (c)    a city or town at which the polling is to take place; and

               (d)    the day for the close of the poll.

         (2)   A determination by the Minister under subrule (1) must be published in the Gazette.

4              Notice to Electoral Commissioner and voters

         (1)   As soon as practicable after the Minister has made a determination under subrule 3 (1) for a zone election (other than a zone election for the Torres Strait zone), the Chief Executive Officer must follow the procedure mentioned in subrule (3).

         (2)   As soon as practicable after the Minister has made a determination under subrule 3 (1) for a zone election for the Torres Strait zone, the TSRA General Manager must follow the procedure mentioned in subrule (3).

         (3)   The Chief Executive Officer or the TSRA General Manager must notify the Electoral Commissioner and voters of:

                (a)    the matters determined; and

               (b)    the place in a city or town determined under paragraph 3 (1) (c) at which polling will take place.

5              List of voters

         (1)   For a zone election (other than a zone election for the Torres Strait zone), as soon as practicable after the declaration of the poll in each round of Regional Council elections, the Chief Executive Officer must arrange for the preparation of a list of the names and last known postal address of the voters in each zone.

         (2)   The list prepared under subrule (1) must be forwarded to the Electoral Commissioner.

         (3)   For a zone election for the Torres Strait zone, the TSRA General Manager must give the Electoral Commissioner a list of the names and last known postal addresses of the voters in the Torres Strait zone as soon as practicable after the later of:

                (a)    the declaration of all the polls under rule 99 of the Torres Strait Regional Authority Election Rules; and

               (b)    the appointment of chairpersons of the Island Councils under section 7 of the Community Services (Torres Strait) Regulation 1985 made under the Queensland Act.

Part 2                 Nominations

  

6              Qualifications of person nominated

         (1)   No person can be elected as a zone representative unless the person has been duly nominated.

         (2)   A person nominated must satisfy the requirements of section 131 of the Act.

7              Calling of nominations

                The Electoral Commissioner must, as soon as practicable and in any event no later than 7 days before nomination day, write to each voter:

                (a)    inviting the nomination of any eligible person for election as a zone representative; and

               (b)    enclosing an approved nomination form and instructions as to the correct manner of nomination.

8              Manner of nomination

         (1)   A nomination must:

                (a)    be in the approved form; and

               (b)    set out the name, place of residence and occupation of the candidate; and

                (c)    be signed by a voter other than the candidate; and

               (d)    indicate the form in which the candidate’s name is to be presented on the ballot-paper; and

                (e)    include a declaration by the candidate to the effect that he or she:

                          (i)    is eligible to be a candidate; and

                         (ii)    consents to act if elected.

10            Rejection of nominations

         (1)   Subject to subrule (2) and subrule 11 (1), a nomination is to be rejected if, and only if, it does not comply with the provisions of rule 8.

         (2)   A nomination must not be rejected because of a formal defect or error if it substantially complies with rule 8.

11            Close of nominations

         (1)   Subject to subrule (2), a nomination is of no effect if it is received by the authorised electoral officer after nomination time.

         (2)   If no nomination is received before nomination time, a nomination may be given to the authorised electoral officer not later than 30 minutes after the nomination time.

12            Withdrawal of nominations

         (1)   A candidate in an election may, in writing signed by the person and witnessed by a voter, withdraw as a candidate in the election not later than nomination time or, if the time for nominations has been changed under subrule 11 (2), 30 minutes after nomination time.

         (2)   A withdrawal must be lodged with the authorised electoral officer.

13            Procedure on nomination day

         (1)   At nomination time for zone elections (other than a zone election for the Torres Strait zone), or, if the time for nominations has been changed under subrule 11 (2), 30 minutes after nomination time, the authorised electoral officer must:

               (b)    produce all nomination papers received by him or her in relation to each zone; and

                (c)    announce in relation to each zone the names and place of residence of all candidates for election for the zone.

         (2)   At nomination time for a zone election for the Torres Strait zone or, if the time for nominations has been changed under subrule 11 (2), 30 minutes after nomination time, the authorised electoral officer must:

                (a)    produce all nomination papers received by him or her; and

               (b)    announce the names and place of residence of all candidates for election.

14            Failure of election

         (1)   Where an election fails a supplementary election is to be held.

         (2)   An election is taken to have failed if:

                (a)    no candidate:

                          (i)    is nominated; or

                         (ii)    is returned as elected; or

               (b)    a candidate dies after the declaration of nominations and before the close of the poll.

15            Failure of election

         (1)   If an election for a zone (other than the Torres Strait zone) fails, the Electoral Commissioner must notify the Commission that the election for that zone cannot take place because it has failed.

      (1A)   If an election for the Torres Strait zone fails, the Electoral Commissioner must notify the TSRA and the Commission that the election for the Torres Strait zone cannot take place because it has failed.

         (2)   If the Commission is notified that an election in respect of a zone has failed:

                (a)    the Commission must advise the Minister that the election has failed; and

               (b)    a supplementary election in relation to the zone must be conducted as if:

                          (i)    there were a casual vacancy for the zone representative; and

                         (ii)    the election were a supplementary election within the meaning of Part 6.

Part 3                 The poll

  

16            Determination of order of candidates on ballot‑papers

         (1)   For the purposes of determining the order in which the names of candidates appear on the ballot-paper for a poll, the authorised electoral officer must conduct a public draw at which the order is determined by lot.

         (2)   In this rule, public draw means drawing of the names of candidates in the presence of the voters in attendance.

17            Ballot-paper

                A ballot-paper must:

                (a)    be in a form approved by the Electoral Commissioner; and

               (b)    specify the names of the candidates in the order determined by the authorised electoral officer under rule 16; and

                (c)    set out voting instructions to enable a voter to comply with subrule 19 (2).

18            Procedure before polling

                Immediately before a poll, the authorised electoral officer must:

                (a)    show to the voters present the empty ballot-box for the poll and then securely fasten the cover of the ballot-box; and

               (b)    give to each voter present a ballot-paper for the poll that is initialled by the authorised electoral officer; and

                (c)    mark off each voter’s name on a list of voters as he or she gives the voter the ballot-paper.

19            Manner of voting

         (1)   A voter is entitled to one vote in an election.

         (2)   A voter must mark his or her preference, or preferences, on the ballot-paper for the election:

                (a)    if the person wishes to vote for 1 candidate — by placing the number “1” opposite the name of the candidate for whom the person wishes to vote; or

               (b)    if the person wishes to vote for more than 1 candidate — by placing opposite the name of each of the candidates voted for, in the order of the person’s preferences, a number in a series of consecutive numbers beginning with “1”.

         (3)   A voter must, not later than 15 minutes after the authorised electoral officer gives ballot-papers to the voters in attendance:

                (a)    fold the ballot-paper so as to conceal the vote; and

               (b)    place the ballot-paper in the ballot-box.

         (4)   If, before placing his or her ballot-paper in the ballot-box, a voter:

                (a)    claims that he or she has spoiled the ballot-paper; and

               (b)    returns the ballot-paper to the authorised electoral officer; and

                (c)    requests a further ballot-paper;

                    the authorised electoral officer must follow the procedure mentioned in subrule (4A).

      (4A)   The authorised electoral officer must:

                (a)    give the voter a fresh ballot-paper; and

               (b)    endorse the returned ballot-paper by writing “spoilt” across it and sign and date the endorsement.

         (5)   A ballot-paper that is not placed in the ballot-box before the end of the period specified in subrule (3) must be disregarded.

20            Close of the poll

                The poll closes at the earlier of:

                (a)    15 minutes after the authorised electoral officer gives ballot-papers to all the voters in attendance; and

               (b)    when all the voters have placed their ballot-papers in the ballot-box.

26            Penalty for inducing voter to hand over ballot-paper

                A person must not persuade or induce a voter to hand over to him or her a ballot-paper upon which a vote has been recorded.

Penalty:   10 penalty units.

27            Duty of persons present when a voter votes

                Except at a voter’s request, a person must not:

                (a)    interfere with the voter in relation to the marking of his or her ballot-paper; or

               (b)    do anything that would enable the person, or another person, to find out what is marked on the ballot-paper.

Penalty:   10 penalty units.

29            Mistakes

                A vote must not be rejected because, in the case of any candidate, his or her surname only has been written on the ballot-paper if no other candidate has the same surname, or by reason of any mistake in spelling where the voter’s intention is clear.

Part 4                 The scrutiny

  

31            Scrutiny

                The result of the poll must be ascertained by scrutiny.

32            Appointment of scrutineers

         (1)   A candidate may appoint 1 scrutineer to represent him or her at the scrutiny.

         (2)   The appointment must be:

                (a)    in the approved form; and

               (b)    given to the authorised electoral officer before the count begins.

33            Informal ballot-papers

         (1)   A ballot-paper is informal if the ballot-paper:

                (a)    is not initialled by the authorised electoral officer; or

               (b)    has no vote marked on it; or

                (c)    does not indicate the voter’s first preference for a candidate; or

               (d)    has any mark or writing on it by which the voter can be identified.

         (2)   The authorised electoral officer must reject a ballot-paper that is informal.

34            Conduct of a count

                The following provisions apply to the counting of votes:

                (a)    it must commence as soon as practicable after the close of the poll;

               (b)    scrutineers who have been appointed under rule 32, and any persons approved by the authorised electoral officer may be present;

                (c)    all the proceedings at the scrutiny must be open to the inspection of the scrutineers;

               (d)    the scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is completed.

35            Counting of votes

         (1)   As soon as practicable after the close of the poll the authorised electoral officer must, in the presence of the voters and scrutineers in attendance (if any) and any other persons authorised by the authorised electoral officer to be present:

                (a)    open the ballot-box containing the voters’ ballot-papers; and

               (b)    remove the ballot-papers.

         (2)   The authorised electoral officer must deal with the ballot-papers in accordance with rules 33 and 35A and Schedule 3 to the Act.

35A         Method of determining successful candidates

         (1)   If, at any stage during the count, a ballot paper expresses no preference for an unexcluded candidate, the ballot-paper must be set aside as exhausted.

         (2)   If:

                (a)    the number of first preference votes given to a candidate is more than half of the total number of first preference votes given to all candidates in the count; or

               (b)    after an exclusion, the number of votes given to that candidate is more than half of the total number of votes given to all unexcluded candidates;

                    the candidate has an absolute majority of votes and is elected.

         (3)   Subject to subrules (6) to (11) (inclusive), if no candidate is elected in accordance with subrule (2), the candidate who received the fewest first preference votes is excluded and each of that candidate’s ballot-papers must be transferred to the unexcluded candidate for whom the next available preference is expressed.

         (4)   The process of excluding the candidate who has the fewest votes, and transferring that candidate’s ballot-papers to the unexcluded candidates for whom the next available preferences are expressed, must be repeated as often as necessary until a candidate receives an absolute majority of votes.

         (5)   A candidate who receives an absolute majority of the votes at any stage of the process described in subclauses (3) and (4) is elected.

         (6)   If:

                (a)    2 or more unexcluded candidates have the same number of votes; and

               (b)    one of those candidates is required to be identified for exclusion;

                    the authorised electoral officer must conduct an intermediate poll, involving only those candidates, in accordance with Parts 3 and 4 as if that poll were a poll to which those Parts apply.

         (7)   If, after the intermediate poll, an unexcluded candidate has fewer votes than any other unexcluded candidate in the intermediate poll, that candidate is excluded.

         (8)   If, after the intermediate poll:

                (a)    2 or more of the unexcluded candidates have the same number of votes; and

               (b)    each of those candidates has fewer votes than any other unexcluded candidate in the intermediate poll;

                    the authorised electoral officer must conduct a public draw of lots to determine which of the candidates referred to in paragraph (a) is excluded.

         (9)   If:

                (a)    2 unexcluded candidates have the same number of votes; and

               (b)    there are no other unexcluded candidates;

                    the authorised electoral officer must conduct an intermediate poll, involving the unexcluded candidates, in accordance with Parts 3 and 4 as if that poll were a poll to which those Parts apply.

       (10)   If, after the intermediate poll referred to in subclause (9), an unexcluded candidate has more votes than the other candidate, the candidate with more votes is elected.

       (11)   If, after the intermediate poll referred to in subclause (9), the unexcluded candidates have the same number of votes, the authorised electoral officer must conduct a public draw of lots to determine which of the candidates is elected.

36            Action on objections to ballot-papers

         (1)   If a scrutineer objects to a ballot-paper as being informal, the authorised electoral officer must mark the ballot-paper “Admitted” or “Rejected” according to his or her decision to admit or reject the ballot-paper.

         (2)   Nothing in this rule prevents the authorised electoral officer from rejecting any ballot-paper as being informal although it is not objected to.

37            Persons not to mark ballot-papers so that voter can be identified

                Except as authorised by the Act or these Rules, a person must not place on any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.

Penalty:   10 penalty units.

38            Completion of the count

         (1)   After the counting of votes in accordance with this Part has been completed, the authorised electoral officer must:

                (a)    make, sign and date a statement that sets out:

                          (i)    the number of votes given to each candidate in the election; and

                         (ii)    the number of informal ballot-papers; and

               (b)    place in separate parcels:

                          (i)    ballot-papers rejected as informal; and

                         (ii)    ballot-papers accepted for counting; and

                         (iii)    ballot-papers endorsed under subrule 19 (4); and

                (c)    seal each parcel and endorse it to indicate clearly its contents and the election to which it relates, and sign and date the endorsement; and

               (d)    keep the parcels in a secure place.

         (2)   A scrutineer may countersign a statement under paragraph (1) (a) or an endorsement under paragraph (1) (c).

39            Conduct of a recount

                At any time before the declaration of the result of an election, the authorised electoral officer may conduct a recount of the ballot-papers cast in the election:

                (a)    at the request of a candidate; or

               (b)    on his or her own initiative.

40            Powers in relation to a recount

                In conducting a recount, the authorised electoral officer has the same powers as he or she has in relation to a count and may reverse a decision made in the count of the votes to admit or reject a ballot-paper.

41            Marking of ballot-papers at recount

                The authorised electoral officer may mark a ballot-paper “admitted” or “rejected” in accordance with his or her decision in relation to the ballot-paper and, at the request of a scrutineer, must so mark the ballot-paper.

Part 5                 The declaration of the poll

  

42            Declaration of the poll

                As soon as practicable after the completion of the count, the authorised electoral officer must:

                (a)    declare the name of the candidate who is elected; and

               (b)    provide a copy of the statement made in accordance with paragraph 38 (1) (a) to the Minister.

Part 6                 Casual Vacancies

  

45            Interpretation

         (1)   In this Part, unless the contrary intention appears:

casual vacancy means a vacancy in the position of zone representative for a zone because:

                (a)    the zone representative has died; or

               (b)    the zone representative has resigned; or

                (c)    the zone representative is taken to have resigned under subsection 39 (2) of the Act; or

               (d)    the Minister has terminated the appointment of a zone representative as the Commissioner representing the relevant zone under subsection section 40, 41 or 41A of the Act; or

                (e)    the zone representative has been appointed by the Minister, or elected, to be the Chairperson of the Commission.

supplementary election means an election for a casual vacancy.

46            Notice to the Commission or TSRA of casual vacancy

         (1)   Subregulation (2) applies if:

                (a)    the Minister receives the resignation of a zone representative; or

               (b)    the Minister terminates the appointment of a zone representative as the Commissioner representing a zone under section 40, 41 or 41A of the Act.

         (2)   As soon as practicable after the resignation or termination, the Minister must:

                (a)    if the casual vacancy is in a zone other than the Torres Strait zone — give the Commission written notice of that casual vacancy; and

               (b)    if the casual vacancy is in the Torres Strait zone — give the TSRA and the Commission written notice of that casual vacancy.

47            Supplementary election to be held

                Where a casual vacancy occurs a supplementary election must be held.

48            Determination of times and days for holding supplementary election

         (1)   Subject to subrule (2), as soon as practicable after a casual vacancy occurs, the Minister must make a determination of the matters referred to in paragraphs 3 (1) (a) to (d) (inclusive) for the holding of a supplementary election for the filling of the casual vacancy.

         (2)   Subrule (1) does not apply if the Minister has fixed a day or days for polling under subsection 104 (2) or 142Y (2) of the Act.

         (3)   A determination by the Minister under subrule (1) must be published in the Gazette.

48A         Notification to Electoral Commissioner and voters

         (1)   For a zone election (other than a zone election for the Torres Strait zone), as soon as is practicable after the Minister has made a determination under subrule 48 (1), the Chief Executive Officer must notify the Electoral Commissioner and all voters:

                (a)    of the matters determined; and

               (b)    of the place at which polling will take place in the city or town so determined.

         (2)   For a zone election for the Torres Strait zone, as soon as practicable after the Minister has made a determination under subrule 48 (1), the TSRA General Manager must notify the Electoral Commissioner and all voters of:

                (a)    the matters determined; and

               (b)    the place at which polling will take place in the city or town so determined.

49            Request to the Electoral Commissioner

         (1)   For a zone election (other than a zone election for the Torres Strait zone), as soon as practicable after the Minister has made the determination under subrule 48 (1), the Commission must ask the Electoral Commissioner to hold a supplementary election for the filling of the casual vacancy.

         (2)   For a zone election for the Torres Strait zone, as soon as practicable after the Minister has made the determination under subrule 48 (1), the TSRA must ask the Electoral Commissioner to hold a supplementary election for the filling of the casual vacancy.

50            Conduct of supplementary elections

                Subject to this Part, a supplementary election must be conducted as if the election were:

                (a)    an election for a zone representative in a round of zone elections; or

               (b)    an election for the representative for the Torres Strait zone.

Part 7                 Offences

  

51            Scrutineers to observe secrecy

                A person who is, or has been, a scrutineer must not, except for the purposes of Part 4, either directly or indirectly, divulge or communicate any information with respect to the vote of a voter acquired by him or her:

                (a)    in the performance of his or her functions; or

               (b)    in the exercise of his or her powers;

                    under these Rules in a manner that is likely to enable the identification of the voter.

Penalty: 10 penalty units.

52            Authorised electoral officers to maintain secrecy

                An authorised electoral officer must not, except for the purposes of Part 4, either directly or indirectly, divulge or communicate any information with respect to the vote of a voter acquired by him or her:

                (a)    in the performance of his or her functions; or

               (b)    in the exercise of his or her powers;

under these Rules in a manner that is likely to enable the identification of the voter.

Penalty:   10 penalty units.

53            Bribery

         (1)   A person must not:

                (a)    ask for, receive or obtain; or

               (b)    offer or agree to ask for, receive or obtain;

                    any property or benefit of any kind for himself or herself or any other person, on an understanding that:

                (c)    any vote of the first-mentioned person; or

               (d)    any candidature of the first-mentioned person; or

                (e)    any support of, or opposition to, a candidature by the first‑mentioned person; or

                (f)    the doing of any act or thing by the first-mentioned person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of a voter;

                    will, in any manner, be influenced or affected.

Penalty:   10 penalty units.

         (2)   A person must not, in order to influence or affect:

                (a)    any vote of another person; or

               (b)    any candidature of another person; or

                (c)    the doing of any act or thing by another person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of a voter;

                    give or confer, or promise or offer to give or confer, any property or benefit of any kind to that other person or to a third person.

Penalty:   10 penalty units.

         (3)   This rule does not apply in relation to a declaration of public policy or a promise of public action.

54            Authorised electoral officers not to contravene Rules etc.

                An authorised electoral officer must not contravene:

                (a)    a provision of these Rules for which no other penalty is provided; or

               (b)    a direction given to him or her under these Rules.

Penalty:   10 penalty units.

55            Interference with political liberty

                A person must not engage in conduct that interferes with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election under these Rules.

Penalty:   10 penalty units.

56            Authorised electoral officers not to influence vote

                An authorised electoral officer must not engage in conduct with the intention of influencing the vote of a person.

Penalty:   10 penalty units.

57            Signature to electoral paper

         (1)   Every electoral paper, which under these Rules has to be signed by any person, must be signed by that person with his or her personal signature.

         (2)   Where a person who is unable to sign his or her name in writing makes his or her mark as his or her signature to an electoral paper, the mark is to be deemed to be his or her personal signature, if:

                (a)    it is identifiable as his or her mark; and

               (b)    it is made in the presence of a witness who signs the electoral paper as a witness.

         (3)   Nothing in this rule authorises any person to sign any electoral paper by a mark or otherwise than in his or her own handwriting in cases where these Rules require him or her to sign the electoral paper in his or her own handwriting.

         (4)   A person must not make the signature of any other person on an electoral paper.

Penalty:   10 penalty units.

         (5)   Subrule (4) does not affect the liability of any person to be proceeded against for forgery, but he or she is not to be liable to be punished twice in respect of the same offence.

         (6)   In this rule, electoral paper includes an approved form.

58            Witnessing electoral papers

         (1)   A person must not:

                (a)    sign his or her name as witness on any blank electoral paper; or

               (b)    sign his or her name as witness on any electoral paper which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

                (c)    sign his or her name as witness on any electoral paper unless he or she has seen the person, whose signature he or she purports to witness, sign it; or

               (d)    write on any electoral paper as his or her own name:

                          (i)    the name of another person; or

                         (ii)    any name not being his or her own name.

Penalty:   10 penalty units.

         (2)   In this rule, electoral paper includes an approved form.

59            Unlawfully marking ballot-papers

                Except where expressly authorised by these Rules, a person (other than the voter to whom the ballot-paper has been lawfully issued) must not mark his or her vote or make any mark or writing on the ballot-paper of any voter.

Penalty: 10 penalty units.

60            Other offences relating to ballot‑papers etc

         (1)   A person must not:

                (a)    personate any person for the purpose of securing a ballot‑paper to which the personator is not entitled; or

               (b)    personate any person for the purpose of voting; or

                (c)    fraudulently destroy or deface any nomination paper or ballot-paper; or

               (d)    fraudulently put a ballot-paper in the ballot-box; or

                (e)    fraudulently take a ballot-paper from a place where polling is being conducted.

                (f)    forge any nomination paper or ballot-paper or utter any nomination paper or ballot-paper knowing it to be forged; or

                (g)    supply ballot-papers without authority; or

                (h)    unlawfully destroy, take, open or otherwise interfere with ballot-boxes or ballot-papers; or

                 (i)    vote more than once at the same election; or

               (k)    make a statement in any claim, application or declaration under these Rules that, to his or her knowledge, is false or misleading in a material respect.

Penalty:   10 penalty units.

         (2)   A person must not engage in conduct that defaces, mutilates, destroys or removes any notice, list or other document affixed by the Electoral Commissioner or by his or her authority.

Penalty:   5 penalty units.

61            Forging or uttering electoral papers

         (1)   A person must not:

                (a)    forge any electoral paper, or

               (b)    utter any forged electoral paper, knowing it to be forged.

Penalty:   10 penalty units.

         (2)   In this rule, electoral paper includes an approved form.

62            Defamation of candidate

         (1)   A person must not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate.

Penalty:   10 penalty units.

         (2)   It is a defence to a prosecution for an offence under subrule (1) if the defendant proves that he or she had reasonable ground for believing and did in fact believe the statement made or published by him or her to be true.

Note   A defendant bears a legal burden in relation to the defence in subrule (2) (see section 13.4 of the Criminal Code).

Part 8                 Miscellaneous

  

65            Preservation of documents

         (2)   All ballot-papers and other documents relating to an election under these Rules must be preserved for 3 months after the declaration of the poll.

66            Collection of statistical information

                All ballot-papers, lists of voters and other documents used at an election may, at any time after an election can no longer be questioned, be dealt with as necessary for the purposes of collecting statistical information required for the conduct of future elections.

67            Delegation

                Where, under these Rules, a power or function is conferred on the Electoral Commissioner, the Electoral Commissioner may, by notice in writing, delegate that power or function to an authorised Electoral Officer.


Notes to the Aboriginal and Torres Strait Islander Commission (Zone Election) Rules 1990

Note 1

The Aboriginal and Torres Strait Islander Commission (Zone Election) Rules 1990 (in force under the Aboriginal and Torres Strait Islander Commission Act 1989) as shown in this compilation is amended as indicated in the Tables below.

Table of Rules

Title

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

Zone Election Rules

15 Nov 1990 (see Gazette 1990, No. S298)

15 Nov 1990

 

Zone Election Rules (Amendment No. 1)

20 Jan 1994 (see Gazette 1994, No. S22)

20 Jan 1994

Zone Election Rules (Amendment No. 2)

30 Mar 1994 (see Gazette 1994, No. S113)

30 Mar 1994

Zone Election Rules (Amendment No. 3)

8 Nov 1996 (see Gazette 1996, No. S423)

8 Nov 1996

Zone Election Rules (Amendment No. 4)

27 Mar 1997 (see Gazette 1997, No. S116)

27 Mar 1997

Zone Election Amendment Rules 1999 (No. 1)

1 Dec 1999 (see Gazette 1999, No. GN48)

1 Dec 1999

Zone Election Amendment Rules 2002 (No. 1)

30 Oct 2002 (see Gazette 2002, No. S410

30 Oct 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.........................................

rs. No. 1, 1999; No. 1, 2002

R. 2.........................................

am. Nos. 1 and 2, 1994; No. 4, 1997

R. 3.........................................

am. No. 1, 1994; No. 4, 1997

R. 4.........................................

rs. No. 1, 1994; No. 4, 1997

R. 5.........................................

am. No. 4, 1997

R. 7.........................................

am. No. 1, 1994; No. 4, 1997

R. 8.........................................

rs. No. 1, 1994

R. 9.........................................

rep. No. 1, 1994

R. 10.......................................

am. No. 1, 1994; No. 4, 1997

R. 11.......................................

rs. No. 1, 1994

 

am. No. 3, 1996

R. 12.......................................

rs. No. 1, 1994

 

am. No. 3, 1996

R. 13.......................................

am. No. 1, 1994; No. 3, 1996; No. 4, 1997

R. 15.......................................

am. No. 2, 1994; No. 4, 1997

R. 16.......................................

rs. No. 1, 1994

R. 17.......................................

am. No. 1, 1994

R. 18.......................................

rs. No. 1, 1994

 

am. No. 3, 1996; No. 4, 1997

R. 19.......................................

rs. No. 1, 1994

 

am. No. 2, 1994; No. 3, 1996; No. 4, 1997

R. 20.......................................

rep. No. 1, 1994

 

ad. No. 3, 1996

Rr. 21–25..............................

rep. No. 1, 1994

R. 26.......................................

am. Amt. No. 1, 1994; No. 3, 1996

R. 27.......................................

rs. No. 1, 1994

Rr. 28, 30...............................

rep. No. 1, 1994

R. 32.......................................

am. No. 1, 1994

R. 33.......................................

rs. No. 1, 1994

R. 34.......................................

am. No. 1, 1994

R. 35.......................................

am. Nos. 1 and 2, 1994; No. 3, 1996

R. 35A....................................

ad. No. 2, 1994

R. 36.......................................

am. No. 1, 1994

R. 37.......................................

am. No. 3, 1996

Rr. 38–42..............................

rs. No. 1, 1994

Rr. 43–44..............................

rep. No. 1, 1994

R. 45.......................................

am. Nos. 1 and 2, 1994; No. 3, 1996; No. 4, 1997; No. 1, 1999

R. 46.......................................

am. No. 1, 1994

 

rs. No. 4, 1997

R. 47.......................................

am. No. 2, 1994

R. 48.......................................

am. Nos. 1 and 2, 1994; No. 3, 1996; No. 4, 1997

R. 48A....................................

ad. No. 1, 1994

 

am. No. 4, 1997

R. 49.......................................

am. No. 2, 1994; No. 4, 1997

R. 50.......................................

rs. No. 2, 1994

 

am. No. 4, 1997

R. 51.......................................

am. No. 3, 1996

R. 52.......................................

am. No. 3, 1996; No. 1, 2002

R. 53.......................................

am. No. 3, 1996

R. 54.......................................

rs. No. 3, 1996

R. 55.......................................

am. No. 3, 1996; No. 1, 2002

R. 56.......................................

rs. No. 3, 1996

 

am. No. 1, 2002

Rr. 57–59..............................

am. No. 3, 1996

R. 60.......................................

am. No. 1, 1994; No. 3, 1996; No. 1, 2002

R. 61.......................................

am. No. 3, 1996

R. 62.......................................

am. No. 3, 1996

Note to r. 62..........................

ad. No. 1, 2002

R. 63.......................................

rep. No. 3, 1996

R. 64.......................................

rep. No. 1, 2002

R. 65.......................................

am. No. 1, 1994; No. 3, 1996

R. 66.......................................

am. No. 1, 1994