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SR 1993 No. 379 Regulations as made
Principal Regulations; Repeals the Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations.
Administered by: Families, Housing, Community Services and Indigenous Affairs
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR01-Feb-1994
Tabled Senate01-Feb-1994
Gazetted 31 Dec 1993
Date of repeal 15 Sep 2012
Repealed by ATSIC (Regional Councils - Election of Officeholders) Repeal Regulation 2012

Statutory Rules 1993   No. 379

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ATSIC (Regional Councils—Election of Officeholders) Regulations

TABLE OF PROVISIONS

 

Regulation

PART 1—PRELIMINARY

               1.   Citation

               2.   Commencement

               3.   Repeal of Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations

               4.   Interpretation

               5.   Regional Manager

               6.   Election not to be held before zone election

 

PART 2—ELECTIONS AT THE FIRST MEETINGS OF REGIONAL COUNCILS AFTER THEIR ELECTION

 

Division 1—Nominations

 

               7.   Calling for nominations

               8.   Manner of nomination

               9.   Declaration of nominations

 

 

 

Division 2—Polling

 

             10.   Order of polls

             11.   Determination of order of candidates on ballot-papers

             12.   Ballot-papers

             13.   Polling procedure

             14.   Manner of voting

 

Division 3—Counting of votes

 

             15.   Scrutineers

             16.   Conduct of the count

             17.   Informal ballot-papers

             18.   Completion of the count

 

Division 4—Other matters

 

             19.   Declaration

             20.   Request for recount

 

PART 3—OTHER ELECTIONS

 

 

             21.   Election of new Chairperson or Deputy Chairperson

             22.   Election of new alternate Deputy Chairperson

 

PART 4—MISCELLANEOUS

 

             23.   Recording of result of election

             24.   Advice to the Commission

             25.   Destruction of election materials

 

SCHEDULE

Method of determining the election of a candidate


 

Statutory Rules 1993   No. 3791

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ATSIC (Regional Councils—Election of Officeholders) Regulations

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 22 December 1993.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

 

ROBERT TICKNER

Minister for Aboriginal and Torres Strait Islander Affairs

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PART 1—PRELIMINARY

Citation

               1.   These Regulations may be cited as the ATSIC (Regional Councils—Election of Officeholders) Regulations.

Commencement

               2.   These Regulations commence on 31 January 1994.

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

               3.   Statutory Rules 1990 No. 399, 1991 No. 256 and 1992 No. 393 are repealed.

Interpretation

               4.   In these Regulations, unless the contrary intention appears:

“Act” means the Aboriginal and Torres Strait Islander Commission Act 1989;

“alternate Deputy Chairperson”, in relation to a Regional Council, means the person elected under subsection 127J (1) of the Act to be the alternate of the Deputy Chairperson;

“approved”:

             (a)   in relation to an election for the Chairperson or Deputy Chairperson of a Regional Council—means approved by the Electoral Commissioner; and

             (b)   in relation to an election for the alternate Deputy Chairperson of a Regional Council—means approved by the Chief Executive Officer;

“candidate” means a candidate in an election to which these Regulations apply;

“Chairperson”, in relation to a Regional Council, means the person elected under paragraph 127 (1) (a) of the Act to be the Chairperson;

“Deputy Chairperson”, in relation to a Regional Council, means person elected under paragraph 127 (1) (b) of the Act to be the Deputy Chairperson;

“Regional Manager” means:

             (a)   the member of the staff of the Commission who performs the duties of the office of Regional Manager in relation to the region for which a Regional Council is established; or

             (b)   if subregulation 5 (2) applies—the person nominated under that subregulation;

“returning officer”:

             (a)   in relation to an election for the Chairperson or Deputy Chairperson of a Regional Council—means a member of the staff of the Australian Electoral Commission who is nominated by the Electoral Commissioner for the purposes of the election; and

             (b)   in relation to an election for the alternate Deputy Chairperson of a Regional Council—means the Regional Manager for the region for which the Regional Council is established;

“voter” means a person who is eligible to vote in an election to which these Regulations apply.

Regional Manager

               5.   (1)    The Regional Manager must attend the first meeting of a Regional Council after it is elected.

             (2)   If the Regional Manager is unable to attend the meeting, the Chief Executive Officer must nominate a member of the staff of the Commission to attend the meeting in the place of the Regional Manager.

Election not to be held before zone election

               6.   The first meeting of a Regional Council after it is elected must not begin before the declaration of the poll for the zone election relating to the region for which the Regional Council is established.

PART 2—ELECTIONS AT THE FIRST MEETINGS OF REGIONAL COUNCILS AFTER THEIR ELECTION

Division 1—Nominations

Calling for nominations

               7.   At least 7 days before the first meeting of a Regional Council after it is elected, a returning officer must send to each member of the Regional Council an approved form for the nomination of a candidate for:

             (a)   the office of Chairperson or Deputy Chairperson; and

             (b)   the office of alternate Deputy Chairperson.

Manner of nomination

               8.   (1)    A nomination must:

             (a)   be in the approved form for the nomination of a candidate:

                          (i)   for the office of Chairperson or Deputy Chairperson; or

                         (ii)   for the office of alternate Deputy Chairperson; and

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

             (c)   specify the office, or offices, for which the candidate is nominated; and

             (d)   be signed by another member of the Regional Council; and

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

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

                          (i)   is a member of the Regional Council; and

                         (ii)   consents to act if elected.

             (2)   Subject to subregulation (3), a nomination must be given to the returning officer not later than 15 minutes after the beginning of the first meeting of the Regional Council after it is elected.

             (3)   If the returning officer announces to the meeting that:

             (a)   there is no candidate for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson; or

             (b)   if, after the election of the Chairperson, there is no candidate remaining for the office of Deputy Chairperson; or

             (c)   if, after the election of the Deputy Chairperson, there is no candidate remaining for the office of alternate Deputy Chairperson;

a nomination for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson, as the case requires, may be given to the returning officer within a period of 15 minutes following the announcement.

             (4)   A nomination that is not made in accordance with this regulation is invalid.

             (5)   Not later than the time specified in subregulation (2) or (3), as the case requires, a candidate may withdraw his or her candidacy by giving to the returning officer a written notice to that effect that is signed by the candidate.

Declaration of nominations

               9.   (1)    As soon as practicable after the time specified in subregulation 8 (2) or (3), as the case requires, the returning officer must produce for inspection by the members of the Regional Council present at the meeting all nominations received by him or her and declare the names of the candidates.

             (2)   If only 1 candidate is nominated for the office of Chairperson, the returning officer must declare that candidate to be elected.

             (3)   If only 1 candidate is nominated for the office of Deputy Chairperson and that candidate is not also a candidate for the office of Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.

             (4)   If only 1 candidate is nominated for the office of alternate Deputy Chairperson and that candidate is not also a candidate for the office of Chairperson or Deputy Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.

             (5)   If, after the election of the Chairperson has been declared, there is only 1 remaining candidate for the office of Deputy Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.

             (6)   If, after the election of the Deputy Chairperson has been declared, there is only 1 remaining candidate for the office of alternate Deputy Chairperson, the returning officer must declare the candidate to be elected as alternate Deputy Chairperson.

             (7)   If there is more than 1 remaining candidate nominated for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson, the returning officer must conduct a poll of the members of the Regional Council to decide the election.

             (8)   If, after the time specified in subregulation 8 (2) or (3), as the case requires, there is no remaining candidate nominated for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson, the returning officer must notify the Commission that the election cannot take place.

Division 2—Polling

Order of polls

             10.   (1)    The election for the Chairperson must be concluded before the election for the Deputy Chairperson commences.

             (2)   The election for the Deputy Chairperson must be concluded before the election for the alternate Deputy Chairperson commences.

Determination of order of candidates on ballot-papers

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

             (2)   In this regulation, “a public draw” means a drawing of the names of candidates that is open to members of the Regional Council in attendance.

Ballot-papers

             12.   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 11; and

             (c)   set out voting instructions that are consistent with  regulation 14.

Polling procedure

             13.   (1)    Before an election, the returning officer must exhibit to the members of the Regional Council the empty ballot-box and then securely fasten the cover of the ballot-box.

             (2)   The returning officer must give to each member at the meeting a ballot-paper for the election that is initialled by the returning officer.

Manner of voting

             14.   (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 one 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 one 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)   After marking his or her preference, or preferences, on a ballot-paper, a voter must, before the end of a period of 10 minutes after he or she has received the ballot-paper from the returning officer:

             (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 returning officer; and

             (c)   requests a further ballot-paper;

the returning officer must:

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

             (e)   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 subregulation (3) must be disregarded.

Division 3—Counting votes

Scrutineers

             15.   (1)    Each candidate in an election may appoint in writing 1 scrutineer to represent him or her at the count of votes in the election.

             (2)   An appointment must be:

             (a)   in the approved form; and

             (b)   given to the returning officer before the count begins.

Conduct of the count

             16.   As soon as practicable after the end of the period specified in subregulation 14 (3), the returning officer must, in the presence of the scrutineers who attend:

             (a)   open the ballot-box; and

             (b)   take out the ballot-papers; and

             (c)   deal with the ballot-papers in accordance with the Schedule.

Informal ballot-papers

             17.   (1)    A ballot-paper is informal if:

             (a)   it is not initialled by the returning officer; or

             (b)   it has no vote marked on it; or

             (c)   it does not indicate the voter’s first preference for 1, and only 1, candidate; or

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

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

Completion of the count

             18.   (1)    After the counting of votes in accordance with this Division has been completed, the returning 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 as formal; and

                       (iii)   ballot-papers endorsed under subregulation 14 (4); and

             (c)   endorse each parcel 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).

Division 4—Other matters

Declaration

             19.   As soon as practicable after the completion of the count, the returning officer must declare to the Regional Council the name of the candidate who is elected.

Request for recount

             20.   (1)    Subject to subregulation (3), the returning officer must conduct a recount of the ballot-papers received in an election if a candidate requests the returning officer to do so at any time before a declaration is made under regulation 19.

             (2)   A request for a recount may be made orally or in writing.

             (3)   A returning officer is not obliged to conduct more than 1 recount.

             (4)   In conducting a recount in relation to an election, the returning officer:

             (a)   has the same powers for the purposes of the recount as he or she had in respect of the counting of votes in the election; and

             (b)   may make any decision about the allowance and admission, or disallowance and rejection, of a ballot-paper that he or she could have made in the count.

PART 3—OTHER ELECTIONS

Election of new Chairperson or Deputy Chairperson

             21.   The election of a new Chairperson or Deputy Chairperson of a Regional Council under subsection 127 (3) of the Act must be conducted in accordance with Part 2 as if the election were conducted for the purposes of paragraph 127 (1) (a) or (b) of the Act.

Election of new alternate Deputy Chairperson

             22.   (1)    At any meeting of a Regional Council that follows the first meeting of that Regional Council after its election, if the office of alternate Deputy Chairperson of that Regional Council is vacant, the Regional Council must elect an alternate Deputy Chairperson.

             (2)   The election must be conducted in accordance with Part 2 as if the meeting at which the election is conducted were the first meeting of the Regional Council after its election.

PART 4—MISCELLANEOUS

Recording of result of election

             23.   There must be recorded in the minutes of the meeting of the Regional Council at which an election is held:

             (a)   the results of the election; and

             (b)   the statement prepared by the returning officer under paragraph 17 (1) (a).

Advice to the Commission

             24.   As soon as practicable after the completion of an election, the returning officer must advise the Commission in writing of the results of the election.

Destruction of election materials

             25.   At the end of 3 months after an election, the returning officer must destroy any nomination, ballot-paper or appointment of a scrutineer for the election that is in his or her possession.

 

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                                                SCHEDULE                       Paragraph 16 (c)

METHOD OF DETERMINING THE ELECTION OF A CANDIDATE

 

Interpretation

               1.   (1)    For the purposes of a count, a candidate is taken to have an absolute majority of votes if:

             (a)   the number of first preference votes given to the 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.

             (2)   For the purposes of a count, a ballot-paper must be set aside as exhausted if, at any stage during the count, the ballot-paper expresses no preference for an unexcluded candidate.

Votes to be counted

               2.   The returning officer must count the first preference votes given to each candidate on ballot-papers that are not rejected as informal.

Candidate with absolute majority of first preference votes elected

               3.   If a candidate has an absolute majority of first preference votes, the candidate is elected.

Distribution of preferences

               4.   (1)    If there is no candidate who receives an absolute majority of first preference votes, the candidate who has received the fewest first preference votes must be excluded, and each of that candidate’s ballot-papers must be transferred to the unexcluded candidate for whom the next available preference is expressed.

             (2)   If there is then no candidate who has an absolute majority of votes, 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 1 candidate receives an absolute majority of votes.

             (3)   A candidate who receives an absolute majority of votes at any stage described in this clause is elected.

Method of choosing between candidates with the same number of votes

               5.   If, for the purposes of clause 4:

             (a)   a candidate is required to be identified for exclusion or election; and

             (b)   2 or more candidates have the same number of votes;

the returning officer is to decide by lot which candidate is to be excluded or elected.

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on  31 December 1993.