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SR 1990 No. 399 Regulations as made
Principal Regulations
Tabling HistoryDate
Tabled HR06-Dec-1990
Tabled Senate06-Dec-1990
Gazetted 06 Dec 1990
Date of repeal 31 Jan 1994
Repealed by ATSIC (Regional Councils—Election of Officeholders) Regulations

1990 No. 399*1* ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS

*1* Notified in the Commonwealth of Australia Gazette on 6 December 1990.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - PART 1
PART 1 - PRELIMINARY

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 1

1. These Regulations may be cited as the Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 2

2. (1) In these Regulations, unless the contrary intention appears:
"approved" means approved by the Commission;
"council executives" means the 4 persons referred to in paragraph 127 (1) (b) of the Act;
"the Act" means the Aboriginal and Torres Strait Islander Commission Act 1989;
"the Regional Manager" means the officer of the Commission appointed by the Commission to be the Regional Manager for the region for which the Regional Council is elected;
(2) In these Regulations a reference to the Regional Manager includes a reference to a person appointed by the Commission under subregulation 3 (2).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 3

3. (1) The Regional Manager must attend:
(a) the first meeting of a Regional Council after it is elected; and
(b) at the next meeting of the Regional Council held after each anniversary of that first meeting.
(2) If the Regional Manager is unable to attend a meeting of a Regional Council referred to in subregulation (1), the Commission must appoint an officer of the Commission to attend in his or her place.
(3) Where an officer attends a Regional Council meeting in place of the Regional Manager under subregulation (2), the provisions of these Regulations relating to the powers and functions of the Regional Manager apply to the officer as if he or she is the Regional Manager.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 4

4. The election for a Chairperson must be concluded before the election for the council executives commences.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - PART 2
PART 2 - NOMINATIONS FOR POSITIONS ON THE EXECUTIVE COMMITTEE

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 5

5. (1) The Regional Manager must, as soon as practicable and in any event no later than 14 days before a meeting of the Regional Council referred to in subregulation 3 (1), write to each member of the Regional Council:
(a) seeking nominations for the position of Chairperson of the Regional Council; and
(b) seeking nominations for the positions of council executives of the Regional Council; and
(c) attach 2 copies of each of the forms approved for the lodgement of nominations; and
(d) specifying:
(i) the manner in which nominations are to be made; and
(ii) the address to which nominations are to be sent.
(2) A nomination must be in the approved form.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 6

6. (1) A nomination must:
(a) set out the name, place of residence and occupation of the candidate; and
(b) be signed by a member of the Regional Council other than the candidate; and
the candidate must endorse the nomination to the effect that he or she:
(c) is a member of the Regional Council; and
(d) consents to act if elected.
(2) A nomination must include a statement of the form in which the candidate's name is to be presented on the ballot-paper.
(3) A nomination of a member of the Regional Council under subregulation (1) must be received by the Regional Manager in the approved form not later than 2 hours before the meeting of the Regional Council referred to in subregulation 3 (1).
(4) A nomination received after the time specified in subregulation (3) must be disregarded.
(5) A member nominated as a candidate for a position on the Executive Committee may:
(a) in writing signed by the member; and
(b) given to the Regional Manager;
withdraw as a candidate not later than the time specified in subregulation (3).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - PART 3
PART 3 - ELECTION OF CHAIRPERSON

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - DIVISION 1
Division 1 - Declaration of Nominations

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 7
Declaration of nominations for Chairperson

7. (1) As soon as practicable after the time specified in subregulation 6 (3), the Regional Manager must publicly produce all nomination forms for the position of Chairperson received by him or her and declare the names of the candidates for the position of Chairperson.
(2) If only one candidate is nominated for the position of Chairperson, the Regional Manager must declare that candidate to be elected.
(3) If more than one candidate is nominated for the position of Chairperson, the Regional Manager must conduct a poll of the members of the Regional Council to decide the election.
(4) If no candidate is nominated for the position of Chairperson, the Regional Manager must notify the Commission accordingly and the election is not to take place.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - DIVISION 2
Division 2 - The poll

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 8
Determination of order of candidates on the ballot-paper

8. (1) For the purposes of determining the order in which the names of the candidates appear on the ballot-paper, the Regional Manager must conduct a public draw at which the order is to be determined by lot.
(2) In this regulation, "a public draw" means a drawing of the names of candidates that is open to the public.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 9

9. A ballot-paper must:
(a) be in the approved form; and
(b) set out the names of the candidates in the order determined under regulation 8; and
(c) set out voting instructions to enable a member to comply with subregulation 11 (1).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 10

10. (1) At the meeting of the Regional Council referred to in subregulation 3 (1), the Regional Manager must exhibit the ballot-box empty and must then securely fasten its cover.
(2) The Regional Manager must distribute to each member of the Regional Council in attendance at the meeting a ballot-paper initialled by the Regional Manager.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 11

11. (1) A member of the Regional Council is to indicate his or her preference, or the order of his or her preference, on the ballot-paper by placing the number "1" opposite the name of the candidate for whom the member wishes to vote as his or her first preference or, if the member so desires, by placing a series of consecutive numbers, beginning with the number "1", opposite the names of all or some only of the candidates so as to indicate the order of the member's preference, one number being placed opposite the name of each candidate.
(2) After marking his or her preference on a ballot-paper, the member is to:
(a) fold the ballot-paper so as to conceal the vote; and
(b) place the ballot-paper in the ballot-box.
(3) A member must place his or her ballot-paper in the ballot-box in accordance with paragraph (2) (b) not later than 30 minutes after he or she has received the ballot-paper from the Regional Manager.
(4) If, before depositing his or her ballot-paper in the ballot-box, a member:
(a) claims that he or she has spoiled his or her ballot-paper; and
(b) returns his or her ballot-paper to the Regional Manager; and
(c) requests a further ballot-paper;
the Regional Manager must:
(d) give the member a fresh ballot-paper; and
(e) endorse the returned ballot-paper by writing the word "spoilt" across the ballot-paper and sign and date the endorsement.
(5) A ballot-paper not placed in the ballot-box within the time specified in subregulation (3) must be disregarded.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - DIVISION 3
Division 3 - Scrutiny and declaration of result

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 12
Scrutineers

12. (1) Each candidate for the position of Chairperson may appoint not more than 2 scrutineers to represent him or her at the scrutiny.
(2) A candidate must notify the Regional Manager of the name of his or her scrutineers (if any) before the commencement of the scrutiny.
(3) A notification under subregulation (2) may be communicated orally to the Regional Manager by the candidate.
(4) In spite of subregulation (1), a candidate is not entitled to be represented at the scrutiny by a number of scrutineers that is greater than the number of officers engaged in the scrutiny.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 13

13. The result of the poll must be ascertained by scrutiny.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 14

14. As soon as practicable after the time specified in subregulation 11 (3), the Regional Manager must, in the presence of such scrutineers as attend:
(a) open the ballot-box referred to in subregulation 10 (1); and
(b) take out the ballot-papers; and
(c) deal with the ballot-papers in accordance with Schedule 1.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 15

15. A ballot-paper is informal if:
(a) it is not initialled by the Regional Manager; or
(b) it has no vote marked on it; or
(c) it does not indicate the member's first preference for a candidate; or
(d) it has any mark or writing on it by which the member can be identified.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 16

16. (1) After the scrutiny conducted in respect of an election has been completed, the Regional Manager must:
(a) prepare and sign a statement setting out:
(i) the number of votes given to each candidate; 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 scrutiny; and
(iii) ballot-papers endorsed under subregulation 11(4); and
(c) endorse each parcel to indicate clearly both 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 referred to in paragraph (1) (a) or an endorsement referred to in paragraph (1) (c).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 17

17. As soon as practicable after the completion of the scrutiny under regulation 16, the Regional Manager must publicly declare to the Regional Council the name of the candidate declared to be elected as Chairperson of the Regional Council.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 18

18. (1) At any time before the declaration under regulation 17 is made, the Regional Manager may:
(a) if a candidate makes an oral request and gives reasons for the request; or
(b) on the Regional Manager's own motion;
conduct a recount of the ballot-papers received in respect of an election.
(2) In conducting a recount in relation to an election, the Regional Manager:

(a) has the same powers for the purposes of the recount as the Regional Manager had in the scrutiny in respect of the election; and
(b) may make any decision in respect of the allowance and admission, or disallowance and rejection, of a ballot-paper;
that the Regional Manager could have made in the course of the scrutiny.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - PART 4
PART 4 - ELECTION OF COUNCIL EXECUTIVES

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - DIVISION 1
Division 1 - Declaration of nominations

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 19
Declaration of nominations

19. (1) The Regional Manager must, as soon as practicable after the completion of the election of the Chairperson under Part 3, publicly produce all nomination forms received by him or her and declare the names of the candidates for the positions of council executives.
(2) If the person elected as Chairperson under Part 3 has been nominated for a position of council executive, that nomination must be disregarded.
(3) If only 4 candidates are nominated for the positions of council executives, the Regional Manager must declare those candidates to be elected.
(4) If more than 4 candidates are nominated for the positions of council executives, the Regional Manager must conduct a poll of the members of the Regional Council to decide the election.
(5) If fewer than 4 candidates have been nominated for the positions of council executives, the Regional Manager must notify the Commission accordingly and the election is not to take place.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - DIVISION 2
Division 2 - The poll

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 20
Determination of order of candidates on the ballot-paper

20. (1) For the purposes of determining the order in which the names of the candidates for the positions of council executives appear on the ballot-paper, the Regional Manager must conduct a public draw at which the order is to be determined by lot.
(2) In this regulation, "a public draw" means a drawing of the names of candidates that is open to the public.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 21

21. A ballot-paper must:
(a) be in the approved form; and
(b) set out the names of the candidates in the order determined under regulation 20; and
(c) set out voting instructions to enable a member to comply with subregulation 23 (1).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 22

22. (1) The Regional Manager must exhibit the ballot-box empty and must then securely fasten its cover.
(2) The Regional Manager must distribute to each member of the Regional Council in attendance at the meeting a ballot-paper initialled by the Regional Manager.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 23

23. (1) A member of the Regional Council is to indicate his or her preference, or the order of his or her preference, on the ballot-paper by placing the number "1" opposite the name of the candidate for whom the member wishes to vote as his or her first preference or, if the voter so desires, by placing a series of consecutive numbers, beginning with the number "1", opposite the names of all or some only of the candidates so as to indicate the order of the member's preference, one number being placed opposite the name of each candidate.
(2) After marking his or her preference on a ballot-paper, the member is to:
(a) fold the ballot-paper so as to conceal the vote; and
(b) place the ballot-paper in the ballot-box.
(3) A member must place his or her ballot-paper in the ballot-box in accordance with paragraph (2) (b) no later than 30 minutes after he or she has received the ballot-paper from the Regional Manager.
(4) If, before depositing his or her ballot-paper in the ballot-box, a member:
(a) claims that he or she has spoiled his or her ballot-paper; and
(b) returns his or her ballot-paper to the Regional Manager; and
(c) requests a further ballot-paper; the Regional Manager must:
(d) give the member a fresh ballot-paper; and
(e) endorse the returned ballot-paper by writing the word "spoilt" across the ballot-paper and sign and date the endorsement.
(5) A ballot-paper not placed in the ballot-box within the time specified in subregulation (3) must be disregarded.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - DIVISION 3
Division 3 - Scrutiny and declaration of result

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 24
Scrutineers

24. (1) Each candidate for the position of council executive may appoint not more than 2 scrutineers to represent him or her at the scrutiny.
(2) A candidate must notify the Regional Manager of the name of his or her scrutineers (if any) before the commencement of the scrutiny.
(3) A notification under subregulation (2) may be communicated orally to the Regional Manager by the candidate.
(4) In spite of subregulation (1), a candidate is not entitled to be represented at the scrutiny by a number of scrutineers that is greater than the number of officers engaged in the scrutiny.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 25

25. The result of the poll must be ascertained by scrutiny.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 26

26. As soon as practicable after the time specified in subregulation 23 (3), the Regional Manager must, in the presence of such scrutineers as attend:
(a) open the ballot-box referred to in subregulation 22 (1); and
(b) take out the ballot-papers; and
(c) deal with the ballot-papers in accordance with Schedule 2.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 27

27. A ballot-paper is informal if:
(a) it is not initialled by the Regional Manager; or
(b) it has no vote marked on it; or
(c) it does not indicate the member's first preference for a candidate; or
(d) it has any mark or writing on it by which the member can be identified.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 28

28. (1) After the scrutiny conducted in respect of an election has been completed, the Regional Manager must:
(a) prepare and sign a statement setting out:
(i) the number of votes given to each candidate; 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 scrutiny; and
(iii) ballot-papers endorsed under subregulation 23 (4); and
(c) endorse each parcel to indicate clearly both 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 referred to in paragraph (1) (a) or an endorsement referred to in paragraph (1) (c).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 29

29. As soon as practicable after the completion of the scrutiny under regulation 28, the Regional Manager must publicly declare to the Regional Council the name of the candidates declared to be elected as executive members of the Regional Council.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 30

30. (1) At any time before the declaration under regulation 29 is made, the Regional Manager may:
(a) if a candidate makes an oral request and gives reasons for the request; or
(b) on the Regional Manager's own motion;
conduct a recount of the ballot-papers received in respect of an election.
(2) In conducting a recount in relation to an election, the Regional Manager:
(a) has the same powers for the purposes of the recount as the Regional Manager had in the scrutiny in respect of the election; and
(b) may make any decision in respect of the allowance and admission, or disallowance and rejection, of a ballot-paper;
that the Regional Manager could have made in the course of the scrutiny.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - PART 5
PART 5 - MISCELLANEOUS

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 31

31. The results of the elections and the statements prepared by the Regional Manager under paragraphs 16 (1) (a) and 28 (1) (a) must be recorded in the minutes relating to the meeting of the Regional Council at which the elections were held.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 32

32. The Regional Manager must advise the Commission in writing of the results of the elections as soon as practicable.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - REG 33

33. At the end of 3 months after the elections held under Parts 3 and 4, the Regional Manager must destroy the following election material:
(a) the ballot-papers relating to an election referred to in paragraph 16 (1) (b);
(b) the ballot-papers relating to an election referred to in paragraph 28 (1) (b).

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Paragraph 14 (c)

METHOD OF DETERMINING SUCCESSFUL CANDIDATE FOR THE
POSITION OF CHAIRPERSON
1. For the purposes of the scrutiny a number marked on a ballot-paper is to
be taken to express a preference for a candidate if it is part of a sequence
of consecutive unrepeated numbers beginning with "1" marked on the
ballot-paper.

2. The Regional manager must count the first preference votes given for
each candidate on the ballot-papers referred to in paragraph 14 (b) not
rejected as informal.
3. If a candidate has an absolute majority of first preference votes, that
candidate must be declared to be elected.
4. If no candidate has an absolute majority after the process referred to
in clause 2:
(a) the unsuccessful candidate with the fewest first preference votes must
be excluded; and
(b) all ballot-papers recording a first preference for that excluded
candidate must be scrutinised and, where any such ballot-paper records a
second preference for another candidate, that second preference vote must be
given to that other candidate and is deemed to be a first preference vote for
that other candidate; and
(c) if, after the count referred to in paragraph (b), a candidate has an
absolute majority of first preference votes, that candidate must be declared
to be elected.
5. If, after the process referred to in clause 4, no continuing
unsuccessful candidate has received an absolute majority, the process
described in clause 4 is to be repeated until:
(a) a candidate has received an absolute majority of votes; or
(b) there are only 2 continuing candidates.
6. If, at any stage of the count, the next available preference expressed
on a ballot-paper is for a candidate who has previously been excluded, then
that preference is to be disregarded and the next available preference for a
continuing candidate must be added to the votes credited to that continuing
candidate.
7. If there are only 2 continuing candidates:
(a) the continuing candidate with the most votes must be declared to be
elected; or
(b) if the continuing candidates have an equal number of votes the
Regional Manager is to decide by lot which candidate is to be elected.
8. If, on any count:
(a) 2 or more continuing candidates have an equal number of votes; and
(b) one of those candidates must be excluded;
the Regional Manager is to decide by lot which candidate is to be excluded.
9. A ballot-paper must be set aside as exhausted if, at any stage during
the count, it is found that the ballot-paper expresses no preference for a
continuing candidate.

1990 No. 399 ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF
EXECUTIVE COMMITTEES) REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2 Paragragh 26 (c)
METHOD OF DETERMINING SUCCESSFUL CANDIDATES FOR THE
POSITIONS OF EXECUTIVE MEMBERS
1. In this Schedule, unless the contrary intention appears:
"primary vote" means a vote included in the first 4 preferences for
candidates expressed on a ballotpaper;
"secondary vote" means a preference for a candidate expressed on a
ballot-paper after the primary votes.
2. For the purposes of the scrutiny a number marked on a ballot-paper is to
be taken to express a preference for a candidate if it is part of a sequence
of consecutive unrepeated numbers beginning with "1" marked on the
ballot-paper.

3. The Regional Manager must:
(a) count the primary votes given for each candidate on the ballot-papers
referred to in paragraph 26 (b) not rejected as informal; and
(b) prepare a list of the candidates in the order of the number of primary
votes given for the candidates.
4. The candidate with the lowest number of primary votes is to be excluded
from the count.
5. The ballot-papers on which the excluded candidate received a primary
vote must be scrutinised to determine the secondary vote and the next
preference found is to be allotted to the appropriate unexcluded candidate on
the list referred to in paragraph 3 (b).
6. The process referred to in clauses 4 and 5 is to be repeated until only
4 unexcluded candidates remain on the list referred to in paragraph 3 (b).
7. If only 4 unexcluded candidates remain on the list referred to in
paragraph 3(b), these candidates must be declared to be elected.
8. If, at any stage of the count, the next available preference expressed
on a ballot-paper is for an excluded candidate, then that preference is to be
disregarded and the next available preference for an unexcluded candidate
must be added to the votes credited to that continuing candidate.
9. If, on any count:
(a) 2 or more unexcluded candidates have an equal number of votes; and
(b) one of those candidates must be excluded;
the Regional Manager is to decide by lot which candidate is to be excluded.
10. A ballot-paper must be set aside as exhausted if, at any stage during
the count, it is found that the ballot-paper expresses no preference for an
unexcluded candidate.