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Local Government (Transition) Ordinance 1992 (CKI)

Authoritative Version
No. 4 of 1992 Ordinances/Cocos (Keeling) Islands as amended, taking into account amendments up to Ordinance No. 1 of 1993
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 23 May 2006
Start Date 29 Jan 1993

Territory of COCOS (KEELING) IslanDS

Local Government (Transition) Ordinance 1992

Ordinance No. 4 of 1992 as amended

made under the

Cocos (Keeling) Islands Act 1955

This compilation was prepared on 8 April 2002
taking into account amendments up to Ordinance No. 1 of 1993

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


Contents

Page

                        1  Short title [see Note 1]                                                        4

                        2  Commencement                                                                 4

                        3  Interpretation                                                                      4

                        4  The Cocos (Keeling) Islands Shire                                       4

                        5  The Shire council — interim membership                              5

                        6  Assets, liabilities, rights and obligations of the former Council 5

                        7  Employees of the former Council                                         6

                        8  Suspension of operation of provisions of the Local Government Act  6

                        9  References to the former Council                                         7

                       10  Transitional Amendments of the Local Government Act — Electoral provisions    7

                       11  Transitional Electoral Forms                                                7

Schedule 1           Amendments of the Local Government Act 1960 (W.A.) (C.K.I.) Shire Council Elections        8

Schedule 2           Regulations not suspended under paragraph 8 (b)        16

Schedule 3           List of forms                                                                   17

Schedule 4           Prescribed forms                                                            19

Form 1                  Application for registration on owners and occupiers roll       19

Form 2                  Advice on acceptance of application for registration on owners and occupiers roll         21

Form 3                  Notice of rejection of application for registration on owners and occupiers roll      22

Form 4                  Ballot paper                                                                     23

Form 5                  Declaration by returning officer                                           25

Form 6                  Declaration by Deputy Returning Officer, Presiding Officer, or other electoral officer      26

Form 7                  Declaration by scrutineer                                                   27

Form 8                  Application and declaration under section 111                     28

Form 9                  Application and declaration for an early vote                        30

Form 10                Application for postal voting papers                                    31

Form 11                Postal voting instructions to electors                                  34

Form 12                Postal Vote Certificate                                                      37

Form 13                Postal Vote Certificate envelope                                         38

Form 14                Declaration of result of election                                          39

Form 15                Return of election                                                             41

Notes                                                                                                          43

 


An Ordinance to provide for the manner in which the Local Government Act 1960 of Western Australia is to apply in the Territory and for related purposes

  

  

1              Short title [see Note 1]

                This Ordinance may be cited as the Local Government (Transition) Ordinance 1992.

2              Commencement

                This Ordinance commences on 1 July 1992.

3              Interpretation

                In this Ordinance, unless the contrary intention appears:

Act means the Cocos (Keeling) Islands Act 1955.

commencement day means the day on which section 16 of the Territories Law Reform Act 1992 commences.

former Council means the Cocos (Keeling) Islands Council, constituted under the repealed Ordinance.

Local Government Act means the Local Government Act 1960 (W.A.) (C.K.I.).

repealed Ordinance means the Local Government Ordinance 1979 as in force immediately before the commencement day.

Shire means the Cocos (Keeling) Islands Shire.

4              The Cocos (Keeling) Islands Shire

         (1)   For the purposes of the Local Government Act, the Territory is a shire, named the Cocos (Keeling) Islands Shire.

         (2)   For the purposes of subsection 9 (2) of the Local Government Act, the common seal as in use by the former Council immediately before the commencement day is the common seal of the Shire.

5              The Shire council — interim membership

         (1)   For the purposes of subparagraph 9 (5) (b) (ii) of the Local Government Act:

                (a)    each person who was a councillor of the former Council immediately before the commencement day is taken to be a Shire councillor; and

               (b)    the person who was the Chairman of the former Council immediately before the commencement day is taken to be the president of the Shire council.

         (2)   If:

                (a)    the office of a Shire councillor becomes vacant; and

               (b)    no provisions for filling a casual vacancy in the Shire council are in force under the Local Government Act;

                the Minister may appoint a person in writing as a Shire councillor.

         (3)   Paragraphs 65 (1) (c) and (d) and 67 (1) (d) and (f) of the Local Government Act do not apply to:

                (a)    a person referred to in subsection 5 (1); or

               (b)    a person appointed by the Minister.

6              Assets, liabilities, rights and obligations of the former Council

         (1)   On the commencement of the Territories Law Reform Act 1992:

                (a)    all property and rights vested in the former Council immediately before the commencement day vest in the Shire council; and

               (b)    all liabilities to which the former Council was subject immediately before the commencement day become liabilities of the Shire council.

         (2)   The Shire council may enforce any rights and deal with any liabilities as if the repealed Ordinance had not been repealed.

         (3)   The Commonwealth may assume any of the Shire council’s property, rights or liabilities with the agreement in writing of the Shire council.

7              Employees of the former Council

                For the purposes of Part VI of the Local Government Act, a person who was an employee of the former Council immediately before the commencement day is taken:

                (a)    to have been appointed by the Shire council under subsection 157 (2) of the Local Government Act as an officer of the council with effect from the commencement day; and

               (b)    to have been appointed on the same terms and conditions as those that applied to him or her, immediately before the commencement day, as an employee of the former Council; and

                (c)    to have accrued any entitlement to benefits, in connection with his or her engagement by the Shire council, that is equivalent to the entitlement that he or she had accrued, as an employee of the former Council, immediately before the commencement day.

8              Suspension of operation of provisions of the Local Government Act

                For the purposes of subsection 8A (3) of the Act:

                (a)    the operation of the following provisions of the Local Government Act is suspended until the end of 31 December 1992:

                          (i)    Part IV, except those sections referred to in subparagraph (c) (iii);

                         (ii)    Divisions 11, 12, 15, 16 and 20 of Part XV;

                         (v)    Divisions 2 and 3 of Part XXVI; and

               (b)    the operation of regulations made under the Local Government Act is suspended until the end of 30 June 1993, unless the regulations are specified in Schedule 2; and

                (c)    the operation of the following provisions of the Local Government Act is suspended until the end of 30 June 1993:

                          (i)    subsection 533 (2);

                         (ii)    Division 4 of Part XXV;

                         (iii)    sections 95, 96, 97, 117, 118, 119, 120, 132, 136 and 136A.

9              References to the former Council

                A reference to the Cocos (Keeling) Islands Council in:

                (a)    a law (other than this Ordinance) in force in the Territory on the commencement day; or

               (b)    an instrument made under a law of that kind;

                is taken to be a reference to the Shire council.

10            Transitional Amendments of the Local Government Act — Electoral provisions

         (1)   The Local Government Act 1960 (W.A.) (C.K.I.) is amended as set out in Schedule 1.

         (2)   The amendments to the Local Government Act 1960 (W.A.) (C.K.I.) set out in Schedule 1 apply only in relation to:

                (a)    an election of Shire councillors held on 1 May 1993; and

               (b)    an election to fill an extraordinary vacancy held before the annual election day in 1994.

11            Transitional Electoral Forms

         (1)   This section applies only in relation to:

                (a)    an election of Shire councillors held on 1 May 1993; and

               (b)    an election to fill an extraordinary vacancy held before the annual election day in 1994.

         (2)   A form set out in Schedule 4 that is referred to in Columns 3 and 4 of an item in Schedule 3 is prescribed for the purposes of the provisions of the Local Government Act (W.A.) (C.K.I.) specified in Column 2 of an item in Schedule 3.

 


Schedule 1        Amendments of the Local Government Act 1960 (W.A.) (C.K.I.)
Shire Council Elections

(section 10)

  

1.          New section 72A

1.1        After section 72, insert:

72A         Election on 1 May 1993

         (1)   The term of office of all persons who were Shire councillors  on 31 December 1992 ends on 1 May 1993.

         (2)   On 1 May 1993 an election must be held to elect Shire councillors to fill all vacancies on the Shire council:

                (a)    existing on 31 December 1992; or

               (b)    created under subsection (1).

2.          Section 85 (Form of nomination papers)

2.1        Subsection 85 (1):

Omit ‘and be in the form prescribed’.

3.          New section 93A

3.1        After section 93, insert:

93A         Voting stamps

                Voting stamps must be distinctive and adhesive.

4.             New section 94A

4.1           After section 94, insert:

94A         Method of voting

                A person voting at an election:

                (a)    may cast only 1 vote for each vacancy to be filled at the election; and

               (b)    may cast fewer votes than there are vacancies to be filled at the election; and

                (c)    may only cast a vote by affixing a voting stamp to the ballot paper next to the name and photograph of each candidate for whom the person wishes to vote.

5.          Section 107 (Issue of ballot papers for voting in person)

5.1        After paragraph 107 (4) (b), insert:

       ; and (c)    give that person sufficient voting stamps to allow the person to vote for each vacancy on the Shire council to be filled at the election.

6.          Section 108 (Where to mark votes on ballot paper when voting in person)

6.1        Subsection 108 (2):

Omit the subsection, substitute:

         (2)   If and as often as the presiding officer is satisfied that a ballot paper is spoilt by mistake or mishap, he or she may, on recording the facts:

                (a)    cancel the spoilt ballot paper; and

               (b)    give to the elector:

                          (i)    a replacement ballot paper marked as required by paragraph (b) of subsection (4) of section 107; and

                         (ii)    if necessary, replacement voting stamps.’.

6.2           After subsection 108 (3), insert:

         (4)   For the purposes of this section, a vote is marked upon a ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote.

         (5)   An elector may ask a presiding officer to identify by name any candidate whose photograph appears on the ballot paper and the presiding officer must comply with the request.

7.          Section 110 (Adjourning of polling in case of riot or other cause)

7.1        Subsection 110 (2) (b):

After ‘unused ballot papers’, insert ‘, unused voting stamps’.

8.          Section 111 (Vote of person not on roll)

8.1        Subsection 111 (3):

Omit the subsection, substitute:

         (3)   If the person satisfies the electoral officer that the person is entitled to vote at the election, the electoral officer must:

                (a)    take a ballot paper and mark his or her initials on the back of the ballot paper; and

               (b)    give the person:

                          (i)    the ballot paper; and

                         (ii)    sufficient voting stamps to allow the person to vote for each vacancy on the Shire council to be filled at the election; and

                         (iii)    a ballot paper envelope.

9.          Section 115 (Casting an early vote)

9.1        Subsection 115 (3):

Omit the subsection, substitute:

         (3)   If the elector satisfies the electoral officer that the elector is entitled to vote at the election, the electoral officer must:

                (a)    subject to section 43A, indicate by a mark against the name of the elector on the electoral roll being used by him or her for the purpose of the election that he or she is giving to that elector a ballot paper; and

               (b)    take a ballot paper and mark his or her initials on the back of the ballot paper; and

                (c)    give the elector:

                          (i)    the ballot paper; and

                         (ii)    sufficient voting stamps to allow the elector to vote for each vacancy on the Shire council to be filled at the election; and

                         (iii)    a ballot paper envelope.

9.2        Subsection 115 (4):

Omit the subsection, substitute:

         (4)   The elector must record his or her vote on the ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote.

         (5)   If an elector requires assistance to vote, section 108 applies with any necessary modifications.

         (6)   An elector may ask an electoral officer to identify by name any candidate whose photograph appears on the ballot paper and the electoral officer must comply with the request.

10.        Section 122 (Casting a postal vote)

10.1      Subsection 122 (4):

Omit the subsection, substitute:

         (4)   On receipt of an application for a postal vote, the returning officer or other officer appointed to issue postal voting papers must satisfy himself or herself that:

                (a)    the application has been properly completed; and

               (b)    the person claiming a postal vote is registered as an elector on the electoral roll; and

                (c)    so far as he or she can reasonably ascertain, an early vote has not already been cast by or a postal vote has not already been issued to that person.

      (4A)   If the electoral officer is satisfied on the matters referred to in subsection (4), then he or she must:

                (a)    complete a postal vote certificate in the prescribed form printed on a postage pre-paid envelope; and

               (b)    take a ballot paper and mark his or her initials on the back of the ballot paper; and

                (c)    post to the elector at the address shown on the elector’s application:

                          (i)    the ballot paper; and

                         (ii)    sufficient voting stamps to allow the elector to vote for each vacancy on the Shire council to be filled at the election; and

                         (iii)    a ballot paper envelope; and

                        (iv)    the postal vote certificate envelope; and

                         (v)    voting instructions in the prescribed form.

10.2      Paragraph 122 (7) (d):

Omit the paragraph, substitute:

               (d)    the elector must, in the presence of the authorised witness, but so that the witness cannot see the vote:

                          (i)    record his or her vote on the ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote; and

                         (ii)    insert the ballot paper in the ballot paper envelope and seal the envelope; and

                         (iii)    complete the certificate on the postal vote certificate envelope; and

                        (iv)    insert the ballot paper envelope in the postal vote certificate envelope; and

                         (v)    post or cause to be delivered to the returning officer the postal vote certificate envelope;

10.3      Paragraph 122 (7) (e):

Omit the paragraph, substitute:

                (e)    if the elector’s sight is so impaired, or through other cause his or her ability to read or to write is such that he or she cannot vote without assistance, a person appointed for that purpose by the elector may, in the presence of the authorised witness:

                          (i)    mark his or her vote on the ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote; and

                         (ii)    insert the ballot paper in the ballot paper envelope and seal the envelope; and

                         (iii)    complete the certificate on the postal vote certificate envelope; and

                        (iv)    insert the ballot paper envelope in the postal vote certificate envelope and seal that envelope; and

                         (v)    hand the postal vote certificate envelope to the elector;

              (ea)    if the elector requests the authorised witness to do so, the authorised witness must post or cause to be delivered to the returning officer the completed postal vote certificate envelope;

              (eb)    if the elector does not make a request referred to in paragraph (ea), then the elector must post or cause to be delivered to the returning officer the completed postal vote certificate envelope;

11.        Section 128 (Voting notwithstanding elector recorded as having been issued with postal vote)

11.1      After ‘for cancellation a postal vote certificate’ insert ‘, voting stamps ‘.

11.2      After ‘use the postal vote certificate’, insert ‘voting stamps’.

12.        Section 132 (Acceptance of validly marked ballot papers)

12.1      Omit ‘in accordance with the requirements of section 97’, insert ‘by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote’.

13.        Section 133 (Rejection of ballot papers)

13.1      After subsection 133 (2), insert:

         (3)   The returning officer must reject a vote if he or she is not satisfied that the intention of the voter can be clearly ascertained from the ballot paper.

         (4)   If the returning officer:

                (a)    is satisfied that the voter intended to vote for a number of candidates, not exceeding the number of vacancies to be filled at the election; and

               (b)    is not satisfied that the intention of the voter in respect of one or more of the votes cast can be clearly ascertained from the ballot paper;

                then the returning officer must admit the ballot paper to the scrutiny only in respect of those votes in respect of which he or she is satisfied that the intention of the voter can be clearly ascertained from the ballot paper.

14.        New section 136B

14.1      After section 136A, insert:

136B       Counting votes

         (1)   If an elector has placed 1 stamp next to the name and photograph of a candidate, 1 vote must be recorded in favour of that candidate for that ballot paper.

         (2)   If an elector has placed more than 1 stamp next to the name and photograph of a candidate, 1 vote only shall be recorded in favour of that candidate for that ballot paper.

         (3)   The candidate who receives the greatest number of votes shall be declared elected, then the candidate who receives the next highest number of votes shall be declared elected, and so on until all vacancies upon the Shire council to be filled at the election are filled.

         (4)   If there is an equality of votes for 2 or more candidates for a vacancy remaining on the Shire council, then:

                (a)    if the number of vacancies remaining on the Shire council for which no candidate has been declared elected equals or exceeds the number of candidates for whom there is an equality of votes, all those candidates must be declared elected; and

               (b)    if the number of vacancies remaining on the Shire council for which no candidate has been declared elected is less than the number of candidates for whom there is an equality of votes, the Returning Officer must determine by lot which of those candidates is elected.

Schedule 2        Regulations not suspended under paragraph 8 (b)

(paragraph 8 (b))

 

1.       The Building Regulations 1989 of the State of Western Australia in their application to the Territory of Cocos (Keeling) Islands.

2.       The Local Government (Appeals to Building Referees) Regulations 1961 of the State of Western Australia in their application to the Territory of Cocos (Keeling) Islands.

3.       The Local Government (Appeals to Minister) Regulations 1961 of the State of Western Australia in their application to the Territory of Cocos (Keeling) Islands.

Schedule 3        List of forms

(section 11)

 

Column 1

Column 2

Column 3

Column 4

Item No.

Provision of the Local Government Act 1960 (W.A.)(C.K.I.)

Description of Form

No. of Form

1.

Section 37

Application for Registration on Owners and Occupiers Roll

1

2.

Subsection 38 (1)

Advice of Acceptance of Application for Registration on Owners and Occupiers Roll

2

3.

Subsection 38 (2)

Notice of Rejection of Application for Registration on Owners and Occupiers Roll

3

4.

Subsections 93 (1), 111 (3), 115 (3) and 122 (4) and section 94A

Ballot Paper

4

5.

Section 103

Declaration by Returning Officer

5

6.

Section 103

Declaration by Deputy Returning Officer, Presiding Officer, or other Electoral Officer

6

7.

Section 103

Declaration by Scrutineer

7

8.

Subsection 111 (2)

Application and Declaration under section 111

8

9.

Subsection 115 (2)

Application and Declaration for an early vote

9

10.

Subsection 122 (1)

Application for Postal Voting Papers

10

11.

Subsection 122 (4A)

Postal Voting Instructions to Electors

11

12.

Subsection 122 (4A)

Postal Vote Certificate

12

13.

Subsection 122 (4A)

Postal Vote Certificate Envelope

13

14.

Subsection 137 (1)

Declaration of Result of Election

14

15.

Subsection 138 (1)

Return of Election

15

Schedule 4        Prescribed forms

(section 11)

Form 1        Application for registration on owners and occupiers roll

(section 37)

Local Government Act 1960 (W.A.)(C.K.I.)

Surname:

Other Names:

Postal Address:

 

Details of rateable property for which registration claimed:

 

LOT OR LOCATION NO.(IF KNOWN)

HOUSE

No.

STREET

SUBURB/

LOCALITY

 

To the Shire Clerk, Cocos (Keeling) Islands Shire:

I apply to be registered as an elector in respect of the rateable property described above.

[INSTRUCTIONS:  Put a tick [3] in the box next to each statement that applies to you
To be eligible to be enrolled on the owners and occupiers roll, you must tick 1 box in each of 1, 2 and 3.]

I declare that:

 

(1)     p       I have attained the age of 18 years.

 

(2)     p       I am an Australian citizen.

 

          p       I am not an Australian citizen, but I am ordinarily resident in the Territory of the Cocos (Keeling) Islands.

 

(3)     p       I am the owner of the rateable property described above.

          p       I am the occupier of the rateable property described above.

          p       I am the nominee of the corporation which is the owner of the rateable property described above.

          p       I am the nominee of the corporation which is the occupier of the rateable property described above.

 

Date:...................................

`

..........................................................................

         SIGNATURE OF APPLICANT

 

Form 2        Advice on acceptance of application for registration on owners and occupiers roll

(subsection 38 (1))

Local Government Act 1960 (W.A.)(C.K.I.)

To:   

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

(Name of Applicant in full)

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

(Address of Applicant)

Your application dated ........................................ for registration on the owners and occupiers roll of the Cocos (Keeling) Islands Shire has been accepted and you have been enrolled as an owner or occupier (as appropriate).

 

Date:....................................

 

.............................................................................

SHIRE CLERK

 

NOTE:      Keep this advice as evidence of your enrolment.

 

Form 3        Notice of rejection of application for registration on owners and occupiers roll

(subsection 38 (2))

Local Government Act 1960 (W.A.)(C.K.I.)

 

TO:  

 

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

(Name of Applicant in full)

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

(Address of Applicant)

         Your application dated .................................. for registration on the owners and occupiers roll of the Cocos (Keeling) Islands Shire has been rejected for the following reason/s:

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

 

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

 

Date:....................................

 

..............................................................................

SHIRE CLERK

Form 4        Ballot paper

(subsections 93 (1), 111 (3), 115 (3) and 122 (4) and section 94 A)

Local Government Act 1960 (W.A.)(C.K.I.)

Cocos (Keeling) Islands Shire council election on 1 May 1993

NOTE:       You must not vote for more than 7 candidates

                   You may vote for fewer than 7 candidates

                   To cast your vote, affix a voting stamp next to the photograph of each candidate for whom you wish to vote

                   Do not otherwise mark the ballot paper

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Candidate’s Name

Candidate’s Photograph

Voting Stamp

 

 

 

 

 

 

 

 

 

Form 5        Declaration by returning officer

(section 103)

Local Government Act 1960 (W.A.)(C.K.I.)

 

I, .......................................................……………......................................

(Name in full)

of ....................................……………....................................................... ,

(Address)

Returning Officer for the Cocos (Keeling) Islands Shire,

declare that:

     (a)     I will faithfully perform the duties of the office of Returning Officer to the best of my understanding and ability; and

     (b)     I will not attempt improperly to ascertain or discover, or directly or indirectly aid in discovering, the vote of any elector; and

     (c)     I will keep secret all knowledge of the vote of any elector which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer.

......................................................................

SIGNATURE OF RETURNING OFFICER

 

Declared before me,....................................................on ................... .

                                                (Name of Justice of the Peace)                               (Date)

 

......................................................................

SIGNATURE OF JUSTICE OF THE PEACE

Form 6        Declaration by Deputy Returning Officer, Presiding Officer, or other electoral officer

(section 103)

Local Government Act 1960 (W.A.)(C.K.I.)

I, ................................…………….............................................................

(Name in full)

of .........................…………….................................................................. ,

(Address)

p Returning Officer,

p Presiding Officer,

p electoral officer appointed to issue early or postal voting papers,

[NOTE:   Identify which office you will be performing by placing a tick in the appropriate box.]

for the election to be held on in the Cocos (Keeling) Islands Shire on

................................. .

            (Date)

declare that:

     (a)     I will faithfully perform the duties of my office to the best of my understanding and ability; and

     (b)     I will not attempt improperly to ascertain or discover, or directly or indirectly aid in discovering, the vote of any elector; and

     (c)     I will keep secret all knowledge of the vote of any elector which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer.

......................................................................

SIGNATURE OF ELECTORAL OFFICER

Declared before me,..................................................on ..................... .

                                                            (Name of witness)                           (Date)

......................................................................

SIGNATURE OF WITNESS

[NOTE:   If the declaration is being made by the Deputy Returning Officer, then it must be witnessed by a justice of the peace or the returning officer.

If the declaration is being made by a presiding officer or an officer appointed to issue early or postal  voting papers then it must be witnessed by a justice of the peace, the returning officer or the deputy returning officer.]

Form 7        Declaration by scrutineer

(section 103)

Local Government Act 1960 (W.A.)(C.K.I.)

I, ..............................……………...............................................................

(Name in full)

of .............................……………................................................................

(Address)

A scrutineer appointed by  ...………..............................................……….

                                                                                    (Name of candidate)

for the election to be held on .……….............................. 

                                                                                    (Date)

in the Cocos (Keeling) Islands Shire,

declare that:

     (a)     I will faithfully observe all the provisions of the Local Government Act 1960 (W.A.)(C.K.I.) which relate to the office of scrutineer; and

     (b)     I will not attempt improperly to ascertain or discover, or directly or indirectly aid in discovering, the vote of any elector; and

     (c)     I will keep secret all knowledge of the vote of any elector which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer.

......................................................................

SIGNATURE OF SCRUTINEER

 

Declared before me,..................................................on ..................... .

                                                            (Name and office of Witness)          (Date)

......................................................................

SIGNATURE OF WITNESS

[NOTE:   The declaration must be witnessed by a justice of the peace, the returning officer, the deputy returning officer or a presiding officer.]

Form 8        Application and declaration under section 111

(subsection 111 (2))

Local Government Act 1960 (W.A.) (C.K.I.)

I,..................................................................................…….........................

(Name in full)

of........................................................................……..................................

(Address)

1.      I apply to vote at the election to be held on .........................;                                                                                                              (Date)

[INSTRUCTIONS:  Pick 1 of the following choices by putting a tick [4] in the box next to the Choice which applies to you. 

If you claim the right to vote under Choice 2 or 3, you must be an Australian citizen or ordinarily resident in Australia.  If you are claiming the right to vote under Choice 2, indicate whether you are an Australian citizen or ordinarily resident in Australia by ticking the appropriate box in Choice 2(b).  If you are claiming the right to vote under Choice 3, indicate whether you are an Australian citizen or ordinarily resident in Australia by ticking the appropriate box in Choice 3(b)]

2.      I declare that:

p Choice 1

                (a)    I have applied to be enrolled on the Electoral Roll maintained under the Commonwealth Electoral Act 1918 more than 71 days before the election; and

               (b)    I have informed the Chief Electoral Officer that my place of living is the Territory of the Cocos (Keeling) Islands more than 71 days before the election; and

                (c)    I have attained the age of 18 years.

p Choice 2

                (a)    I am the owner of rateable property in the Cocos (Keeling) Islands; and

           (b)    p  I am an Australian citizen

                        p  I am not an Australian citizen, but I am ordinarily resident in Australia; and

                (c)    I have attained the age of 18 years.

p Choice 3

                (a)    I am the occupier of rateable property in the Cocos (Keeling) Islands; and

               (b)    p  I am an Australian citizen

                        p  I am not an Australian citizen, but I am ordinarily resident in Australia; and

                (c)    I have attained the age of 18 years.

 

....................................................

SIGNATURE OF CLAIMANT

Declared before me,...................................................on..................... .

                                                (Name of electoral officer)                (Date)

 

........................................................................

SIGNATURE OF ELECTORAL OFFICER

Form 9        Application and declaration for an early vote

(subsection 115 (2))

Local Government Act 1960 (W.A.) (C.K.I.)

I,..................................................................................…….........................

(Name in full)

of...............................................................................……...........................

(Address)

1.      I apply for an early vote for the election to be held on .............…….

                                                                                                                               (Date)

[INSTRUCTIONS:  Pick 1 or more of the following choices by putting a tick [4] in the box next to that choice.]

2.      I declare that:

p  Choice 1

                        I have reason to believe that I will be unable to vote on polling day because throughout the hours of the polling I will be more than 20 kilometres from any polling place.

p  Choice 2

                        I have reason to believe that I will be prevented by my employment commitments or by illness or infirmity from attending any polling place on polling day.

p  Choice 3

                        I have reason to believe that I will be prevented by my approaching maternity from attending any polling place on polling day.

p  Choice 4

                        my religious beliefs prevent me from casting a vote on polling day.

................................................

SIGNATURE OF ELECTOR

Declared before me,.....................................................…. on ...……........ .

                                                (Name of electoral officer)                                      (Date)

.......................................................................

SIGNATURE OF ELECTORAL OFFICER

Form 10      Application for postal voting papers

(subsection 122 (1))

Local Government Act 1960 (W.A.) (C.K.I.)

I,....................................................................................…….......................

(Name in full)

of................................................................................……..........................

(Address)

1.      I apply for a postal vote for the election to be held on ……............. .

                                                                                                                                    (Date)

[NOTE:  Pick 1 or more of the following choices by putting a tick [4] in the box next to that choice.]

2.      I declare that:

p Choice 1

                        I have reason to believe that I will be unable to vote on polling day because throughout the hours of the polling I will be more than 20 kilometres from any polling place.

p  Choice 2

                        I have reason to believe that I will be prevented by my employment commitments or by illness or infirmity from attending any polling place on polling day.

p  Choice 3

                        I have reason to believe that I will be prevented by my approaching maternity from attending any polling place on polling day.

p  Choice 4

                        my religious beliefs prevent me from casting a vote on polling day.

3.      I also declare that I will be unable to cast an early vote before polling day.

4.      The address to which the postal voting papers should be posted to me is:

[NOTE:   Put ‘as above’ if this is the same address as that listed at the beginning.]

......................................................

SIGNATURE OF ELECTOR

Declared before: ..............................................................…

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

                                                                                    (Name and address of authorised witness)

on:                                         ....................................…..  .

                                                                                    (Date)

 

..........................................................................

SIGNATURE OF AUTHORISED WITNESS

[NOTE:   An authorised witness is any person who has attained the age of 18 years and who is NOT a candidate for the election, nor a person expressly authorised to act on behalf of such a candidate in connection with the election.

The authorised witness must be satisfied as to the applicant’s identity and see the applicant sign the application.]

Reverse of Form 10

 

 

EARLY VOTING

 

This form of voting allows an elector who will be unable to attend a polling place on polling day to vote on a day before polling day.

 

All councils have early voting facilities.

 

To cast an early vote, an elector who is entitled to do so:

 

-    attends the council office or any other appointed place;

-   makes a declaration to explain why he or she wants to cast an early vote instead of voting on polling day; and

-    votes.

 

Early votes may be cast from the 11th day after the close of nominations to 4pm on the day prior to polling day.

 

 

IF YOU WANT MORE INFORMATION DO NOT HESITATE TO RING A COUNCIL OFFICE.

 

Form 11      Postal voting instructions to electors

(section 122 (4A))

Local Government Act 1960  (W.A.) (C.K.I.)

 

As a result of your application for postal voting papers, the following have been provided to enable you to cast your vote:

 

                            One Ballot Paper

                            One ballot paper envelope

                            One postal vote certificate envelope

                            Seven voting stamps

 

Please read the instructions provided on this leaflet before you complete your postal vote.

 

If you are unable to cast your vote on the ballot paper without assistance, please follow the instructions provided under the heading ‘How to Complete Your Assisted Postal Vote’.

 

How to Complete Your Postal Vote

 

The following steps must be completed to ensure that your vote is counted:

 

1.      Show your unmarked ballot paper and unmarked postal vote certificate envelope to an authorised witness.

         The authorised witness must have attained 18 years of age, and must not be a candidate in the election nor a person expressly authorised to act on behalf of such a candidate in connection with the election.

 

2.      Sign your name on the postal vote certificate envelope in the space provided, in the presence of the authorised witness.

 

3.      The authorised witness must now sign and date the certificate, and print their name and address in the spaces provided.

 

4.      In the presence of the authorised witness, cast your vote on the ballot paper according to the instructions provided on the ballot paper.

 

         DO NOT let the witness or any other person present see how you have voted unless you request their assistance.

 

5.      Insert your ballot paper in the ballot paper envelope, seal the envelope and insert it in the envelope upon which the postal vote certificate has been completed and seal that envelope. Either post the completed postal vote certificate envelope or arrange for it to be delivered to the Returning Officer (the envelope is already addressed) by 6pm on Polling Day.

 

To the Elector Who Requires Assistance to Vote:

 

If your sight is so impaired, or through other cause, your ability to read or write is such that you cannot vote without assistance, you may appoint another person to cast your vote on the ballot paper for you.

 

 

Who may provide assistance?

 

You may appoint any person to assist you, provided that the person is not a candidate in the election, nor a person expressly authorised to act on behalf of such a candidate in connection with the election. If you wish, you may appoint the authorised witness to assist you.

 

 

How is the privacy of your vote maintained?

 

Under the Local Government Act, an authorised witness must not look at, or make themself acquainted with your vote, or permit any other person to do so. Only the person that you have appointed to assist you may know how you have voted.

 

Unless required by law, the authorised witness or the person you appoint to assist you must not disclose your vote.

 

How to Complete Your Assisted Postal Vote

 

1.      The person appointed to assist you must cast the vote that you wish to cast on the ballot paper, in the presence of the authorised witness, unless the authorised witness is the person that you have appointed to assist you, in which case the authorised witness may cast the vote that you wish to cast in your presence alone.

 

2.      The appointed person must then insert the ballot paper in the ballot paper envelope, seal the envelope and place it inside the envelope upon which the postal vote certificate has been completed.

 

3.      The postal vote certificate envelope must then be sealed and handed to you.

 

4.      You must post the envelope or arrange for it to be delivered to the Returning Officer at the address marked on the envelope by 6pm on Polling Day.

 

Form 12      Postal Vote Certificate

(subsection 122 (4A))

Local Government Act 1960 (W.A.)(C.K.I.)

To be completed by the Electoral Officer

I, ...........................……..............................................................................

                                                                          (Name of electoral officer)

certify that ...................…….......................................................................

                                                                            (Name of elector in full)

of ........................................…….................................................................

                                                                                 (Address of elector)

is an elector registered on the electoral roll for the Cocos (Keeling) Islands Shire and is entitled to a postal vote for the election to be held on ..................................... .

                        (Date)

 

 

......................................................................

SIGNATURE OF ELECTORAL OFFICER

 

 .............................................................                    ....................... .

                        (Name of electoral officer)                                         (Date)

Form 13      Postal Vote Certificate envelope

(subsection 122 (4A))

Local Government Act 1960 (W.A.)(C.K.I.)

To be completed by the Elector

I, .................................................................................................…….........

(Full name of Elector)

certify that the postal vote in this envelope has been cast *by me/*for me.

[*NOTE:   Strike out the inappropriate words]

.......................................................................

SIGNATURE OF ELECTOR

                             _______________________________________________

To be completed by authorised witness

I,....................................................................................…….......................

      (Name of authorised witness in full)

certify that the above certificate was signed by

.............................................................

      (Name of Elector in full)

in my presence.

..................................................................................

SIGNATURE OF AUTHORISED WITNESS

 

.....................................................................

                  (Name of authorised witness)

 

.....................................................................                       ..................

                        (Address of authorised witness)                                  (Date)

[NOTE:   An authorised witness is any person who has attained the age of 18 years and who is NOT a candidate for the election.]

Form 14      Declaration of result of election

(subsection 137 (1))

Local Government Act 1960  (W.A.) (C.K.I.)

Cocos (Keeling) Islands Shire

Election on 1 May 1993

 

The number of votes received:

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

by...............................................   is............................................;

                        (Name of Candidate)                                    (Number of votes)

 

 

I therefore declare each of the following candidates elected to the office of Councillor for the Cocos (Keeling) Islands Shire:

 

1. .................................................................................

                              (Name of elected Candidate)

2. .................................................................................

                              (Name of elected Candidate)

3. .................................................................................

                              (Name of elected Candidate)

4. .................................................................................

                              (Name of elected Candidate)

5. .................................................................................

                              (Name of elected Candidate)

6. .................................................................................

                              (Name of elected Candidate)

7. .................................................................................

                              (Name of elected Candidate)

The elected candidates are listed in the order in which they are elected.

 

Date: ........................................

 .........................................................

                       RETURNING OFFICER

Form 15      Return of election

(subsection 138 (1))

Local Government Act 1960 (W.A.) (C.K.I.)

Cocos (Keeling) Islands Shire

DETAILS OF ELECTED CANDIDATES

 

Surname

Other Names

Office

Reason for Vacancy*

Year of Retirement

Number of Electors on Roll

Percentage of Electors who voted

Name of Previous Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*(a) Retirement

(b) Resignation

(c) Death

(d) Disqualification

(e) Other (state reason)

DETAILS OF CANDIDATES NOT ELECTED

 

 

 

 

This return is submitted in accordance with the provision of section 138 of the Local Government Act 1960 in respect of the Annual/Extraordinary/Inaugural (as appropriate) Election held on:

 

............................................... (Date of Election)

 

............................................... (Date)

 

...............................................

Returning Officer

 

Reverse of Form 15

(section 138 (1))

EXISTING MEMBERS

 

 

SURNAME

 

 

 

OTHER NAMES

 

 

OFFICE

 

WARD

(IF ANY)

 

YEAR OF

RETIREMENT’

 


Notes to the Local Government (Transition) Ordinance 1992

Note 1

The Local Government (Transition) Ordinance 1992 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprises Ordinance No. 4 of 1992 amended as indicated in the Tables below.

Table of Ordinances

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

No. 4, 1992

30 June 1992

1 July 1992

 

No. 7, 1992

24 Dec 1992

24 Dec 1992

No. 1, 1993

29 Jan 1993

29 Jan 1993

Table of Amendments

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

Provision affected

How affected

S. 8..........................................

am. No. 7, 1992; No. 1, 1993

S. 10........................................

ad. No. 7, 1992

 

am. No. 1, 1993

S. 11........................................

ad. No. 1, 1993

Schedule 1

 

Heading to Schedule...........

rs. No. 1, 1993

Schedule................................

ad. No. 7, 1992

... (renamed Schedule 1).....

No. 1, 1993

Schedule 2.............................

ad. No. 1, 1993

Schedule 3.............................

ad. No. 1, 1993

Schedule 4.............................

ad. No. 1, 1993