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SR 1991 No. 256 Regulations as made
These Regulations amend the Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations.
Tabling HistoryDate
Tabled HR05-Sep-1991
Tabled Senate09-Sep-1991
Gazetted 30 Aug 1991
Date of repeal 31 Jan 1994
Repealed by ATSIC (Regional Councils—Election of Officeholders) Regulations

 

 

 

Statutory  Rules  1991   No. 2561

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Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations 2 (Amendment)

 

 

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aboriginal and Torres Strait Islander Commission Act 1989.

 

          Dated 23 August 1991.

 

                                                                                     BILL HAYDEN

                                                                                     Governor-General

          By His Excellency's Command,

 

 

ROBERT TICKNER

Minister of State for Aboriginal Affairs

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1.   Amendment

1.1   The Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations are amended as set out in these Regulations.

 

 

 

 

 

 

2.   Regulation 3 (Attendance by Regional Manager of the Commission)

2.1   Subregulation 3 (1):

Add at the end:

                     “; and

               (c)  at any other meeting of a Regional Council at which an election for a member of the Executive Committee of the Regional Council is to take place.”.

 

 

3.   Regulation 18 (Request for recount)

3.1   Subregulation 18 (1):

Omit the subregulation, substitute:

             “(1)  At any time before the declaration under regulation 17, the Regional Manager may, of his or her own motion, conduct a recount of the ballot-papers received in an election.

 

          “(1a)  The Regional Manager must conduct a recount of the ballot-papers received in an election if a candidate requests the Regional Manager to do so at any time before a declaration is made under regulation 17.

 

           “(1b)  A request may be made orally or in writing.”.

 

 

4.   Regulation 30 (Request for recount)

4.1   Subregulation 30 (1):

Omit the subregulation, substitute:

             “(1)  At any time before the declaration under regulation 29, the Regional Manager may, of his or her own motion, conduct a recount of the ballot-papers received in an election.

 

          “(1a)  The Regional Manager must conduct a recount of the ballot-papers received in an election if a candidate requests the Regional Manager to do so at any time before a declaration is made under regulation 29.

 

           “(1b)  A request may be made orally or in writing.”.

 

 

 

 

 

 

5.   New Part 4a

5.1   After Part 4 insert:

 

PART 4a—ELECTIONS UNDER OF SUBSECTION 127 (3) OF THE ACT

 

 

Election of a new Chairperson of a Regional Council

          “30a.  For the purposes of subsection 127 (4) of the Act, an election of a new Chairperson of a Regional Council under paragraph 127 (3) (a) of the Act must be conducted in accordance with the provisions of Parts 2 and 3 that are applicable to the election.

 

 

Election of new council executives

          “30b.  (1)   For the purposes of subsection 127 (4) of the Act, an election of a council executive for the purposes of paragraph 127 (3) (b) of the Act must be conducted in accordance with:

               (a)  the provisions of Parts 2 and 4 that are applicable to the election; and

               (b)  whichever of subregulations (2), (3) and (4) is applicable to the election.

 

             “(2)  If 4 council executives are to be elected, the method of determining successful candidates prescribed in Schedule 2 applies to the scrutiny.

 

             “(3)  If 2 or 3 council executives are to be elected, the method of determining successful candidates prescribed in Schedule 2 applies to the scrutiny as if, in the definition of ‘primary vote’, ‘4’ was omitted and ‘2’ or ‘3’ was substituted, as the case requires.

 

             “(4)  If 1 council executive is to be elected, the method of determining successful candidates prescribed in Schedule 1 applies to the scrutiny.”.

 

 

 

 

 

 

 

6.   Schedule 2 (Method of determining successful candidates for positions of executive members)

4.1   Omit clause 5, substitute:

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 (if any):

                     (a)   is to be allotted to the appropriate unexcluded candidate on the list referred to in paragraph 3 (b); and

                    (b)   is regarded as a primary vote for that unexcluded candidate.”.

 

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NOTES

 

1.      Notified in the Commonwealth of Australia Gazette on 30 August 1991.

 

2.      Statutory Rules 1990 No. 399.