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Legislative Assembly Regulations 1983 (NI)

Reg No. 1 of 1983
Other document - Other as made
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure and Regional Development
Registered 21 Dec 2015
Date of repeal 18 Jun 2015
Repealed by Norfolk Island Continued Laws Amendment Ordinance 2015

 

NORFOLK                            ISLAND

 

 

LEGISLATIVE ASSEMBLY REGULATIONS

 

[Consolidated as at 16 February 2007

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

________

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Interpretation

         3.      Forms

 

                     First Schedule

                     Second Schedule  


 

NORFOLK                            ISLAND

 

 

Legislative Assembly Regulations

 

 

Short title

      1.         These Regulations may be cited as the Legislative Assembly Regulations.

Interpretation

      2.         In these regulations “the Act” means the Legislative Assembly Act 1979.

Forms

      3.         Where a section of the Act is specified in Column 2 of the First Schedule in an Item in that Schedule, the form in the Second Schedule specified in Column 4 of the First Schedule in that Item is the form to be used for the purpose of that section in relation to the matter described in Column 3 of the First Schedule in that Item.

 

                                              FIRST SCHEDULE                                      Regulation 3

LIST OF FORMS

Column 1

Item

Column 2

Section of the Act

Column 3

Description

Column 4

Form in the Second Schedule

  1

13

Nomination of candidate for election as a member of the Norfolk Island Legislative Assembly

1

  2

19

Ballot-paper (1 vacancy)

2

  3

19

Ballot-paper (2 vacancies)

3

….

  7

 

22

 

Application for absentee vote certificate and absentee ballot-paper

 

7


Column 1

Item

Column 2

Section of the Act

Column 3

Description

Column 4

Form in the Second Schedule

 

  8

23

Absentee vote certificate

8

 

  9

23

Absentee ballot-paper (1 vacancy)

9

 

10

23

Absentee ballot-paper (2 vacancies)

10

 

….

 

 

 

 

14

47

Notice to elector who appears to have failed to vote

14

 

15

47

Form of declaration to be completed and returned to Returning Officer

15

 

________

 

                                                                               

 

SECOND SCHEDULE          Regulation 3

FORM 1

NORFOLK ISLAND

Legislative Assembly Act 1979

NOMINATION OF CANDIDATE FOR ELECTION AS A MEMBER OF THE NORFOLK ISLAND LEGISLATIVE ASSEMBLY

 

We hereby nominate *                    of +                     for election as a member of the Legislative Assembly.

 

Dated this              day of                        20  .

 

(Name of nominator)                                         (Signature of nominator)++

 

(Name of nominator)                                         (Signature of nominator)++

 

I hereby consent to the foregoing nomination.

 

Dated this              day of                        20  .

 

                                                                                                                    (Signature of candidate)

________

 

*              Here insert in full the Christian names and surname of the candidate.

+              Here insert the candidate’s place of residence and occupation.

++           Any elector may nominate a candidate.


 

 

FORM 2

NORFOLK ISLAND

Legislative Assembly Act 1979

BALLOT-PAPER (1 VACANCY)

 

Poll to elect one member of the Legislative Assembly  held on the                  day of                         20  .

CANDIDATES*

DIRECTIONS TO VOTER

This election is held to elect one member of the Legislative Assembly.  You have one vote.  A vote is indicated by placing a cross in a box.  You vote for a candidate by placing a cross in the box opposite his name.

_______________________________________________________________________

 

*              Set out the names of the candidates with 1 box opposite each name.

________

 

FORM 3

NORFOLK ISLAND

Legislative Assembly Act 1979

BALLOT-PAPER (2 OR MORE VACANCIES)

Poll to elect + members of the Legislative Assembly  held on the       day of             20  .

CANDIDATES*

DIRECTIONS TO VOTER

This election is held to elect+       members of the Legislative Assembly.  You have +       votes.  A vote is indicated by placing a cross in a box.  You must use all the votes you have been given.  You vote for a candidate by placing one or more crosses in the boxes opposite his name, but must not give any one candidate more than 2 votes.

_______________________________________________________________________

*              Set out the names of the candidates with 2 boxes opposite each name.

+              Insert 2, 3, 4, 5, 6, 7, 8 or 9, as the case may be, being the number that corresponds to the number of members to be elected.

 

________

 


….

 

FORM 7

NORFOLK ISLAND

Legislative Assembly Act 1979

APPLICATION FOR ABSENTEE VOTE CERTIFICATE AND ABSENTEE BALLOT-PAPER

To the Returning Officer

Norfolk Island

 

I, *                        of                         , hereby apply for an absentee certificate and an absentee ballot-paper to enable me to vote at the next election of members of the Legislative Assembly.

I declare that I am an elector and that on polling day —

        (a)           I shall be unable to attend at a polling place by reason of serious illness or infirmity.+

        (b)           I shall be unable to attend at a polling place by reason of my approaching maternity.+

        (c)           I shall be absent from Norfolk Island.+

+ I hereby authorise                                      , whose signature appears below, to accept the delivery of an absentee vote certificate and an absentee ballot-paper, on my behalf, at the office of the Returning Officer, Norfolk Island.

                                                                                               ++ ..........………………………..........

+ I hereby request that an absentee vote certificate and an absentee ballot-paper be posted to me at my address as shown above.

        Signed by the elector in his                            )

        own handwriting in my presence —             )       ..................………………

Signature of elector

        ..............……….............

        **  Signature of witness

        .................………........

           Address

Dated this                    day of                       20  .

_______________________________________________________________________

        *          Insert Christian names, surname, address and occupation of applicant as appearing on the electoral roll.

        +          Strike out whichever is inapplicable.

        ++       Signature of person authorised to accept delivery of an absentee vote certificate and an absentee ballot-paper.

        **       If this form is signed in Norfolk Island, an elector, a Justice of the Peace or a notary public is an authorised witness.

                    If this form is signed in a place outside Norfolk Island, a person before whom, under the Affidavits Act 1956, an affidavit may be sworn in that place is an authorised witness.

A candidate at the election may not be an authorised witness.

NOTE:          An application for an absentee vote certificate and an absentee ballot-paper must be received by the Returning Officer not later than 5 p.m. on the day before polling day.

________

 


 

FORM 8

NORFOLK ISLAND

Legislative Assembly Act 1979

ABSENTEE VOTE CERTIFICATE

 

I hereby certify that                                             of                                            is entitled (subject to the provisions of the Legislative Assembly Act 1979) to exercise an absentee vote at the election to be held on the             day of                    20  .

Dated this                 day of                           20  .

 

                                                                                                                 …………….........................

                                                                                                              Returning Officer

Signed by the voter in his own

handwriting in my presence —

                                                                                                                  ...................…………….....

                                                                                                              Signature of voter

……………................................

Signature of authorised witness*

...................……………….........

Address

_______________________________________________________________________

*              If this form is signed in Norfolk Island, an elector, a Justice of the Peace or a notary public is an authorised witness. 

                If this form is signed in a place outside Norfolk Island, a person before whom, under the Affidavits Act 1956, an affidavit may be sworn in that place is an authorised witness.

A candidate at the election may not be an authorised witness.

________

 


 

FORM 9

NORFOLK ISLAND

Legislative Assembly Act 1979

ABSENTEE BALLOT-PAPER (1 VACANCY)

 

Poll to elect one member of the Legislative Assembly held on the                  day of                                20  .

CANDIDATES*

DIRECTIONS TO VOTER

This election is held to elect one member of the Legislative Assembly.  You have one vote.  A vote is indicated by placing a cross in a box.  You vote for a candidate by placing a cross in the box opposite his name.

The voter must exhibit this UNMARKED absentee ballot-paper and an absentee vote certificate to an authorised witness ++ to his vote.

The voter must, then and there in the presence of the authorised witness, sign his name in his own handwriting on the absentee vote certificate in the place provided for the signature of the voter.

The authorised witness must, then and there, sign his name in his own handwriting on the absentee vote certificate in the place provided for the signature of the authorised witness and must fill in the date.

The voter must then and there, in the presence of the witness, but so that the witness does not see the votes, mark his ballot-paper in the manner directed above and fold the ballot-paper so that the votes cannot be seen.

If the voter is unable to read or his sight is so impaired that he is unable to vote without assistance, a person appointed by the voter or the authorised witness may mark the ballot-paper on behalf of the voter.

The authorised witness or the voter must then and there, place the ballot-paper in the envelope addressed to the Returning Officer, fasten the envelope and forthwith post or deliver it, or cause it to be posted or delivered, so as to reach the Returning Officer not later than 5 p.m. on polling day.

_______________________________________________________________________

*              Set out the names of the candidates with 1 box opposite each name.

++           If this form is signed in Norfolk Island, an elector, a Justice of the Peace or a notary public is an authorised witness.

                If this form is signed in a place outside Norfolk Island, a person before whom, under the Affidavits Act 1956, an affidavit may be sworn in that place is an authorised witness.

                A candidate at the election may not be an authorised witness.

NOTE:          An absentee ballot-paper not received by the Returning Officer before 5 p.m. of the polling day is informal and will be rejected when the votes are counted.  Accordingly, this ballot-paper should be posted so as to reach the Returning Officer in time.

________

 


 

FORM 10

NORFOLK ISLAND

Legislative Assembly Act 1979

ABSENTEE BALLOT-PAPER (2 OR MORE VACANCIES)

 

Poll to elect+                  members of the Legislative Assembly held on the            day of 20  .

CANDIDATES*

DIRECTIONS TO VOTER

This election is held to elect*        members of the Legislative Assembly.  You have+       votes.  A vote is indicated by placing a cross in a box.  You must use all the votes you have been given.  You vote for a candidate by placing one or more crosses in the boxes opposite his name, but must not give any one candidate more than 2 votes.

The voter must exhibit this UNMARKED absentee ballot-paper and an absentee vote certificate to an authorised witness++ to his vote.

The voter must, then and there, in the presence of the authorised witness, sign his name in his own handwriting on the absentee vote certificate in the place provided for the signature of the voter.

The authorised witness must, then and there, sign his name in his own handwriting on the absentee vote certificate in the place provided for the signature of the authorised witness and must fill in the date.

The voter must then and there, in the presence of the witness, but so that the witness does not see the votes, mark his ballot-paper in the manner directed above and fold the ballot-paper so that the votes cannot be seen.

If the voter is unable to read or his sight is so impaired that he is unable to vote without assistance, a person appointed by the voter or the authorised witness may mark the ballot-paper on behalf of the voter.

The authorised witness or the voter must then and there, place the ballot-paper in the envelope addressed to the Returning Officer, fasten the envelope and forthwith post or deliver it, or cause it to be posted or delivered, so as to reach the Returning Officer not later than 5 p.m. on polling day.

_______________________________________________________________________

*              Set out the names of the candidates with 2 boxes opposite each name.

+              Insert 2, 3, 4, 5, 6, 7, 8 or 9, as the case may be, being the number that corresponds to the number of members to be elected.

++           If this form is signed in Norfolk Island, an elector, a Justice of the Peace or a notary public is an authorised witness.

                                If this form is signed in a place outside Norfolk Island, a person before whom, under the Affidavits Act 1956, an affidavit may be sworn in that place is an authorised witness.

                A candidate at the election may not be an authorised witness.

________

 


 

 

….

 

FORM 14

NORFOLK ISLAND

Legislative Assembly Act 1979

NOTICE TO ELECTOR WHO APPEARS TO HAVE FAILED TO VOTE

To:

You are hereby notified that you appear to have failed to vote at the poll held under the Legislative Assembly Act 1979 on the               of                         20  , and are hereby called upon, in pursuance of section 47 of that Act, to give a valid, truthful and sufficient reason why you failed to vote.

You are required to —

        (a)                   state, on the form enclosed with this notice, the true reason why you failed to vote;

        (b)                   complete and personally sign the form and have your signature witnessed by an elector; and

        (c)                   post the form on or before                     20  .

Dated this              day of                             20  .

                                                                                                                              (Returning Officer)

_______________________________________________________________________

 

NOTE:  If the elector to whom this notice is addressed is unable, by reason of absence from his place of living or physical incapacity, to complete, sign and post the enclosed form on or before the date specified in the form, any other elector who has personal knowledge of the facts may complete, sign and post the form, duly witnessed, on or before that date.  The completion, signing and posting of the form by that other elector will be deemed to be compliance by the first-mentioned elector with the requirements of this notice.

________

 


 

FORM 15

NORFOLK ISLAND

Legislative Assembly Act 1979

FORM OF DECLARATION TO BE COMPLETED AND RETURNED TO RETURNING OFFICER

I,                                       , hereby declare that the following is the true reason why I*                          failed to vote at the poll held under the Legislative Assembly Act 1979 on the            day of                   20  .

+

                                                                            (Personal signature of elector completing form)

I, the undersigned, being an authorised witness, certify that I saw the abovenamed elector sign the above declaration.

(Signature of witness)++

(Address)

(Date)

NOTE:          An elector who —

        (a)       fails to vote at a poll without a valid and sufficient reason for the failure;

        (b)       on receipt of a notice under section 47 of the Legislative Assembly Act 1979 fails to complete, sign and post, within the time specified in the notice, the form enclosed with the notice; or

        (c)       states on the form a false reason for not having voted or, in the case of an elector completing or purporting to complete a form on behalf of another elector, states on the form a false reason why that other elector did not vote,

is guilty of an offence punishable upon conviction by a fine not exceeding .50 of a penalty unit.

_______________________________________________________________________

*              Where the form is completed on behalf of an absent or physically incapacitated elector, the word “I” must be struck out and the name of the elector inserted.

+              Here set out the true reason for the failure to vote.

++           If this form is signed in Norfolk Island, an elector, a Justice of the Peace of a notary public is an authorised witness.

If this form is signed in a place outside Norfolk Island, a person before whom, under the Affidavits Act 1956, an affidavit may be sworn in that place, is an authorised witness.

A candidate at the election may not be an authorised witness.


 

 

_______________________________________________________________________

NOTES

The Legislative Assembly Regulations as shown in this consolidation comprises Regulations No. 1 of 1983 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Legislative Assembly Regulations

1, 1983

18.4.83

 

 

 

 

 

 

 

Legislative Assembly (Amendment) Regulations 2007

1, 2007

16.2.07

 

 

 

 

 

 

 

 

 

 

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected                           How affected

First Schedule

 

 

 

Items 4, 5, 6, 11, 12 and 13

rep

1, 2007

 

Second Schedule

Forms 4, 5, 6, 11, 12 and 13

 

rep

 

      1, 2007

 

 

Form 3

rs

1, 2007

 

Form 10

rs

1, 2007

 

 

 

 

© Norfolk Island Government 2007

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.