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Local Government (Transition) Ordinance 1992 (CI)

Authoritative Version
Ordinances/Christmas Island as amended, taking into account amendments up to Ordinance No. 2 of 1993
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 27 Oct 2006
Start Date 16 Apr 1993

Territory of Christmas Island

Local Government (Transition) Ordinance 1992

Ordinance No. 6 of 1992 as amended

made under the

This compilation was prepared on 14 December 2001
taking into account amendments up to Ordinance No. 2 of 1993

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra


Contents

Part 1                    Preliminary                                                                 

                        1     Short title [see Note 1]                                                     3

                        2     Commencement                                                              3

                        3     Interpretation                                                                   3

Part 2                    Establishment of Shire council                             

                        4     The Christmas Island Shire                                               4

                        5     The Shire council — interim membership                           4

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

                      6A     Audit of CISC for financial year ending on 30 June 1992       5

                      6B     Auditor’s powers                                                              6

                      6C     Annual report and financial statements on CISC activities    6

                        7     Employees of the former Assembly or CISC                       7

                      7A     Council trading undertakings                                             7

                        8     Suspension of operation of provisions of the Local Government Act [see Note 2]           7

                        9     References to the former Assembly or CISC                       8

Part 3                    Shire council election in 1992                               

                       10     Amendments of the Local Government Act                         9

Schedule 1             Amendments of the Local Government Act 1960 (W.A.)(C.I.) for Shire council elections in 1992                                                                                    10

Schedule 2             Regulations not suspended under paragraph 8 (b)      43

Notes                                                                                                          44

 

 


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

  

Part 1                 Preliminary

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 Christmas Island Act 1958.

CISC means the Christmas Island Services Corporation established under section 3 of the Services Corporation Ordinance 1984 as in force immediately before the commencement day.

commencement day means the day on which section 6 of the Territories Law Reform Act 1992 commences.

former Assembly means the Christmas Island Assembly, constituted under the Christmas Island Assembly Ordinance 1985 as in force immediately before the commencement day.

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

Shire means the Christmas Island Shire.

Part 2                 Establishment of Shire council

  

4              The Christmas Island Shire

         (1)   For the purposes of the Local Government Act, the Territory is a shire, named the Christmas Island Shire.

         (2)   For the purposes of subsection 9 (2) of the Local Government Act, the seal as in use by CISC 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 member of the former Assembly immediately before the commencement day is taken to be a Shire councillor; and

               (b)    the person who was the Chairman of the former Assembly 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.

         (4)   This section expires at the end of the day fixed under section 72 of the Local Government Act for the inaugural election.

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

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

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

               (b)    all liabilities to which the former Assembly or CISC 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:

                (a)    the Services Corporation Ordinance 1984 had not been repealed; and

               (b)    the Christmas Island Assembly Ordinance 1985 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.

6A           Audit of CISC for financial year ending on 30 June 1992

         (1)   An audit of the operations of the CISC in the financial year that ended at the end of 30 June 1992 must be conducted.

         (2)   The Minister, or a delegate appointed by an instrument signed by the Minister, must, by notice published in the Gazette, appoint a person as auditor.

         (3)   The auditor must inspect and audit the accounts and records of financial transactions of the CISC and records relating to assets of the CISC.

         (4)   After the inspection and audit, the auditor must report to the Minister.

         (5)   The report may advise the Minister of any irregularity, wastage of resources or inefficiency that:

                (a)    was disclosed by the inspection and audit; and

               (b)    is in the auditor’s opinion sufficiently important to justify advising the Minister.

         (6)   The Minister must publish the report in the Gazette.

6B           Auditor’s powers

         (1)   The auditor or a person authorised by the auditor is entitled to full and free access, at all reasonable times and without notice, to all accounts and records of the CISC or the Shire council relating directly or indirectly to the receipt or payment of money by the CISC or the acquisition, receipt, custody or disposal of assets by the CISC.

         (2)   The auditor or authorised person may make copies of, or take extracts from, the accounts or records.

         (3)   A person who was an employee of CISC or is an employee of the Shire council must give the auditor or authorised person information that:

                (a)    the auditor or authorised person considers necessary for the audit; and

               (b)    is in the possession of, or accessible to, the person.

Penalty for an offence against subregulation (3):   $1,000.

6C           Annual report and financial statements on CISC activities

         (1)   The Shire council must prepare:

                (a)    a report on the operations of the CISC during the financial year ending at the end of 30 June 1992; and

               (b)    financial statements for the financial year ending at the end of 30 June 1992 in a form approved by the Minister of State for Finance.

         (2)   The Shire council must give the report and financial statements to the Minister on or before 31 December 1992.

         (3)   The Minister must lay a copy of the report and financial statements before each House of the Parliament within 15 sitting days of that House after the Minister has received them.

7              Employees of the former Assembly or CISC

                For the purposes of Part VI of the Local Government Act, a person who was an employee of the former Assembly or CISC 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 Assembly or CISC; 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 Assembly or CISC, immediately before the commencement day.

7A           Council trading undertakings

                Subsection 503 (1) of the Local Government Act is amended by omitting paragraph (1) and substituting:

               ‘(l)    the selling of the residual products of abattoirs;

               (la)    the business of a supermarket before 9 September 1992;

               (lb)    the business of a laundry before 9 September 1992;

               (lc)    the business of a bakery before 9 September 1992; and’.

8              Suspension of operation of provisions of the Local Government Act [see Note 2]

                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)    sections 47 and 54, subsections 73 (2) and (3) and sections 80A, 96, 117 to 126 (inclusive) and 128;

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

                         (iii)    subsection 533 (2);

                        (iv)    Division 4 of Part XXV;

                         (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); and

                         (ii)    Division 4 of Part XXV.

                (c)    the operation of subsection 73 (1) and section 75 of the Local Government Act is suspended until the end of 30 June 1993.

9              References to the former Assembly or CISC

         (1)   A reference to the Christmas Island Assembly 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.

         (2)   A reference to CISC in a law or an instrument referred to in subsection (1) is taken to be a reference to the Shire council.

Part 3                 Shire council election in 1992

  

10            Amendments of the Local Government Act

                For the purposes of:

                (a)    the election of councillors on the day in December 1992 appointed under section 72 of the Local Government Act; and

               (b)    the election of a president and deputy president by councillors elected on the day referred to in paragraph (a); and

                (c)    an election held before the annual election day in 1994 to fill an extraordinary vacancy;

and only for those purposes, the Local Government Act is amended as set out in Schedule 1.


Schedule 1        Amendments of the Local Government Act 1960 (W.A.)(C.I.) for Shire council elections in 1992

(section 10)

  

1.             Section 6 (Interpretation)

1.1           Subsection 6 (1) (definition of annual election day):

Omit the definition.

1.2           Subsection 6 (1) (definition of owners and occupiers roll):

Omit the definition.

1.3           Subsection 6 (1) (definition of residents’ roll):

Omit the definition, substitute:

residents’ roll means an extract from the Commonwealth electoral roll described in paragraph 41 (2) (a).

2.             New section 7 of the Local Government Act

2.1           After section 6, insert:

7              Information on forms in languages other than English

                A form is not invalid only because it contains a written translation or summary, in a language other than English, of the information written on the form in the English language.

3.             Division 1 of Part IV of the Local Government Act

3.1           Omit the heading, substitute:

Division 1                Interpretation

4.             Subdivisions A and B of Division 1 of Part IV

4.1        Omit the Subdivisions, substitute:

35            Interpretation

                In this Part, unless the contrary intention appears:

Commonwealth electoral roll means the Electoral Roll maintained under the Commonwealth Electoral Act 1918 of the Commonwealth for the Division of the Northern Territory.

election means the election on the day in December 1992 appointed under section 72 of this Act.

election day means the day in December 1992 appointed under section 72 of this Act for holding the inaugural election.

inhabitants’ roll means a roll referred to in paragraph 41 (2) (b).

Division 1A           The electoral roll

Subdivision A              Prerequisites for registration on electoral rolls

36            Eligibility for registration as an elector

                A person is eligible to be registered on the electoral roll of the Shire as an elector if:

                (a)    he or she has attained the age of 18 years; and

               (b)    either:

                          (i)    the person’s name is entered on the Commonwealth electoral roll and his or her place of living is set out in the Commonwealth electoral roll as a place on Christmas Island; or

                         (ii)    the person is ordinarily resident in Christmas Island Shire.

37            Application for registration

         (1)   A person who is eligible under paragraph 36 (a) and subparagraph 36 (b) (ii) to be registered as an elector may apply to the clerk to be registered on rolls prepared by the clerk.

         (2)   An application must be in accordance with Form A in Schedule 3A.

         (3)   An application may be made by facsimile transmission.

38            Notice of acceptance or rejection of application for registration

         (1)   If the clerk is satisfied that an applicant for registration is:

                (a)    eligible to be registered under paragraph 36 (a) and subparagraph 36 (b) (ii); and

               (b)    not eligible under paragraph 36 (a) and subparagraph 36 (b) (i) to be registered;

the clerk must send by post to the person a written notice in Form B in Schedule 3A that the application has been accepted.

         (2)   If the clerk is not satisfied that an applicant for registration is not eligible under paragraph 36 (a) and subparagraph 36 (b) (ii) to be registered, the clerk must:

                (a)    reject the application; and

               (b)    send to the person by post written notice in Form C in Schedule 3A giving the grounds for the rejection.

         (3)   The clerk must send a notice under subsection (1) to a person who, within 14 days of receiving a notice under subsection (2), satisfies the clerk that the person is eligible under subsection (1) to be sent a notice.

         (4)   If an application under section 37 provides inadequate information to allow the clerk to determine the application, he or she must seek information enabling him or her to do so.

39            Duration of effect of application

                Subject to this Division, a person whose application under section 37 is accepted under subsection 38 (1) or (3) is qualified to be registered on a roll as an elector while he or she remains eligible under paragraph 36 (a) and subparagraph 36 (b) (ii) to be registered.

Subdivision B                  Compilation of electoral rolls

40            Advertisement seeking enrolment

         (1)   The clerk must publish in a newspaper circulating in the Shire at least 56 days before the election day a notice to persons who are eligible and wish to be registered as electors on the electoral roll of the municipality.

         (2)   The notice must advise:

                (a)    a person who resides in the Shire and is eligible to be enrolled on the Electoral Roll maintained under the Commonwealth Electoral Act 1918 of the Commonwealth for the Division of the Northern Territory that he or she may apply to be enrolled under that Act; and

               (b)    a person who is eligible under paragraph 36 (a) and subparagraph 36 (b) (ii) to be registered as an elector that he or she may make an application under section 37; and

                (c)    a person of the last day on which he or she may apply to be registered as an elector before the election.

40            Form of electoral roll

         (1)   Subject to subsection (5), the clerk must compile a consolidated roll for the municipality for the election day.

         (2)   The consolidated roll must be compiled from:

                (a)    an extract from the Commonwealth electoral roll that:

                          (i)    shows the name and place of living of each elector whose place of living is shown on the roll as a place on Christmas Island; and

                         (ii)    in response to a request made by the clerk under section 43 — is supplied by the Australian Electoral Commission not more than 34 days before the election day; and

               (b)    a roll of persons who have each been sent a notice under subsection 38 (1).

         (3)   A person who is registered on both the residents’ roll and the inhabitants’ roll must be registered only once on the consolidated roll that supersedes the residents’ roll and inhabitants’ roll.

         (4)   The clerk must sign and date the last page of the consolidated roll after it has been compiled.

         (5)   If the Minister is satisfied that it is not reasonably practicable for the clerk to compile a consolidated roll for the election day, the Minister may, by written notice given to the Council, authorise the use of:

                (a)    the residents’ roll; and

               (b)    the inhabitants’ roll.

42            Preparation of residents’ roll

         (1)   At least 56 days before the election day, the clerk must request the Australian Electoral Commission to provide a residents’ roll for the election day.

         (2)   The request must ask that the residents’ roll:

                (a)    be prepared by the Commission between 34 and 25 days before the election day; and

               (b)    include each person who, when the roll is certified, is eligible to be registered as an elector under paragraph 36 (a) and subparagraph 36 (b) (i) as a result of an application for enrolment on the Commonwealth electoral roll made at least 50 days before the election day; and

                (c)    be certified by a member of staff of the Commission as correct; and

               (d)    be given to the clerk at least 25 days before the election day.

43            Preparation of inhabitants’ roll

         (1)   The clerk must compile an inhabitants’ roll 24 days before the election day.

         (2)   If the clerk is satisfied that a person is eligible under paragraph 36 (b) to be registered as an elector and is not on the residents’ roll, the clerk must include the person on the inhabitants’ roll.

         (3)   The clerk must sign and date the last page of the inhabitants’ roll after it is prepared.

44            Marking rolls

         (1)   For the purposes of subsection 107 (4) or 115 (3), when a residents’ roll and an inhabitants’ roll are being used for an election, the electoral officer must:

                (a)    if the person’s name is on the residents’ roll — mark the indication required by paragraph 107 (4) (a) or 115 (3) (a) against the person’s name on the residents' roll; and

               (b)    if the person’s name is not on the residents’ roll but is on the inhabitants’ roll — mark the indication required by paragraph 107 (4) (a) or 115 (3) (a) against the person’s name on the inhabitants’ roll.

         (2)   If:

                (a)    a mark has been made under subsection (1) against a name on the residents’ roll or inhabitants’ roll; and

               (b)    the roll is superseded before the election by a consolidated roll;

the returning officer must ensure that the same indication is marked against the name on the consolidated roll as soon as possible and in any case before polling begins on the election day.

45            Particulars on rolls

                A consolidated roll, residents’ roll or inhabitants’ roll must indicate the surname or family name, other names and address of each elector on the roll.

         (2)   The roll must be arranged in alphabetical order of surnames or family names of electors.

         (3)   For the purposes of subsection (2), if there is more than one elector with the same surname or family name, the names of the electors with the same surname or family name should be arranged in alphabetical order according to their other names.

5.             Section 51 (Clerk to supply information)

5.1           Omit the section, substitute:

51            Co‑operation with Australian Electoral Commission

                The clerk must comply with any request by the Australian Electoral Commission for information the Commission requires in connection with this Division.

6.             Section 65 (Qualification of mayor or president and councillors)

6.1           Paragraph 65 (1) (c):

Omit the paragraph.

7.             Section 67 (Disqualification generally)

7.1           After subsection 67 (3), insert:

      (3A)   A person is not disqualified from being elected as president or councillor of the municipality on the ground that he or she is a member of the Union of Christmas Island Workers.

8.             Section 78 (Duties of returning officer)

8.1           Paragraph 78 (c):

Omit “, absent and postal”.

9.             Section 82 (Nomination day)

9.1           Omit the section, substitute:

82            Nomination day

                The nomination day for the election is the day 15 days before the election day.

10.           Section 84 (Candidates for election)

10.1         Paragraph 84 (d):

Omit “14”, substitute “7”.

11.           Section 85 (Form of nomination papers)

11.1         Subsection 85 (1):

Omit “in the form prescribed”, substitute “in Form D or E in Schedule 3A”.

12.           New section 85A

12.1         After section 85, insert:

85A         Lodgment of nomination forms by facsimile transmission

         (1)   For the purposes of paragraph 84 (d), a nomination form may be delivered to the returning officer by facsimile transmission.

         (2)   For the purposes of paragraphs 84 (d) and 85 (4) (a), a nomination form delivered to the returning officer by facsimile transmission is taken to be accompanied by a deposit if the facsimile of the form and the deposit relating to the nomination of the person named on the form as the candidate are delivered to the returning officer within the period described in paragraph 84 (d).

13.           Section 93 (Ballot papers)

13.1         Subsection 93 (1):

Omit “in the prescribed form”, substitute “in Form F in Schedule 3A”.

14.           Section 95 (System of voting)

14.1         Omit the section, substitute:

95            Voting system

         (1)   The Hare‑Clark system of voting described in Subdivision LA must be used to elect councillors on the election day.

         (2)   Councillors elected on the election day must use the preferential system of voting described in Subdivision LB to elect a president under section 141 and a deputy president under section 143.

15.           Section 100 (Voting in person or in absence)

15.1         Paragraph 100 (b):

Omit “absent or postal”.

16.           Section 103 (Declaration by electoral officers and scrutineers)

16.1         Subsection 103 (1):

Omit the subsection, substitute:

         (1)   Subject to subsection (1A), a person appointed as an electoral officer must not begin to carry out the duties of the office until:

                (a)    in the case of a returning officer — he or she has made a declaration in Form G in Schedule 3A; and

               (b)    in the case of an officer appointed to issue early voting papers, or a deputy returning officer, presiding officer or poll clerk — he or she has made a declaration in Form H in Schedule 3A.

      (1A)   The clerk need make a declaration only once after taking office as the clerk.

      (1B)   A person appointed as a scrutineer must not begin to perform the functions of a scrutineer until he or she has completed a declaration in Form I in Schedule 3A.

16.2         Subsection 103 (4):

Omit “, absent or postal”.

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

17.1         Paragraph 107 (4) (a):

Omit “43A”, substitute “44”.

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

18.1         Subsection 111 (2):

Omit “the prescribed form”, substitute “Form J in Schedule 3A”.

18.2         Paragraph 111 (2a) (c):

Omit the paragraph, substitute:

                (c)    the Commonwealth electoral roll or another document prepared under the Commonwealth Electoral Act 1918 of the Commonwealth; or

              (ca)    an extract referred to in paragraph 41 (2) (a); or

19.           Section 115 (Casting an early vote)

19.1A      Subsection 115 (1):

Omit “eleventh day”, substitute “fifth day”.

19.1         Subsection 115 (2):

Omit “the prescribed form”, substitute “Form K in Schedule 3A”.

19.2         Paragraph 115 (3) (a):

Omit “43A”, substitute “44”.

20.           Section 127 (Persons present to obey directions)

20.1         Omit “or absent”.

21.           Section 129 (Time and place for checking early votes)

21.1         Subsection 129 (1):

Omit “, absent and postal”.

21.2         Subsection 129 (2):

Omit “, absent and postal”.

22.           Section 130 (Checking early, absent and postal votes and votes recorded under Subdivision I)

22.1         Omit the section, substitute:

130          Checking early votes and votes recorded under Subdivision I

         (1)   The returning officer must follow the procedure set out in this section in checking an early vote or a vote recorded under Subdivision I.

         (2)   The returning officer must produce the unopened envelope bearing a declaration that he or she received before the close of the poll.

         (3)   The returning officer must accept for further scrutiny the ballot paper in the envelope if he or she is satisfied that:

                (a)    the declaration on the envelope is completed in accordance with the Act; and

               (b)    subject to section 111, the name of the elector is registered on the electoral roll.

         (4)   If the returning officer is not satisfied in accordance with subsection (3), he or she must reject the ballot paper without opening the envelope containing the paper.

         (5)   If the returning officer accepts the ballot paper for further scrutiny, he or she must remove the ballot paper envelope from the declaration envelope and, without opening the ballot paper envelope, place it in a ballot box.

23.           Subdivision L (Ascertaining the result of the poll)

23.1         Omit the heading, substitute:

Subdivision L                  Preliminaries to counting votes

24.           Section 135 (Decisions as to rejection)

24.1         Omit “but nothing herein contained shall prevent the returning officer from reviewing his own decision if he sees fit to do so under subsection (8) of section 136”.

25.           New Subdivision LA of the Local Government Act

25.1         After section 135, insert:

Subdivision LA               Counting votes under the Hare‑Clark system

135A       Interpretation

         (1)   In this Subdivision continuing candidate means a candidate not already elected or excluded from the count.

         (2)   In this Subdivision, a reference to a vote of or obtained or received by a candidate includes a vote obtained or received by the candidate on any transfer under this regulation.

         (3)   For the purposes of this Subdivision, each of the following transfers constitutes a separate transfer:

                (a)    a transfer under subsection 135C (1) or (2) or subsection 135D (2) of all the surplus votes of an elected candidate;

               (b)    a transfer in accordance with paragraph 135D (1) (a) of all first preference votes of an excluded candidate;

                (c)    a transfer in accordance with paragraph 135D (1) (b) of all the votes of an excluded candidate that were transferred to that candidate from a particular candidate.

135B       Counting first preferences

                The Returning Officer shall ascertain the number of first preference votes given for each candidate and the total number of all such votes and a quota shall be determined by dividing the total number of first preference votes by one more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by one, and any candidate who has received a number of first preference votes equal to or greater than the quota shall be elected.

135C       Transfer of surplus votes

         (1)   Unless all the vacancies have been filled, the number (if any) of votes in excess of the quota (in this section referred to as surplus votes) of each elected candidate shall be transferred to the continuing candidates as follows:

                (a)    the number of surplus votes of the elected candidate shall be divided by the number of first preference votes received by that candidate and the resulting fraction shall be the transfer value;

               (b)    the total number of ballot papers of the elected candidate that express the first preference vote for that candidate and the next available preference for a particular continuing candidate shall be multiplied by the transfer value the number so obtained (disregarding any fraction) shall be added to the number of first preference votes of the continuing candidate and all those ballot papers shall be transferred to the continuing candidate,

and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer shall be elected.

         (2)   Unless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under subsection (1), or elected subsequently under this subsection, shall be transferred to the continuing candidates in accordance with paragraphs (1) (a) and (b), and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer shall be elected.

         (3)   Where a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (1) or (2) of the surplus votes of a particular elected candidate, no votes of any other candidate shall be transferred to the continuing candidate.

         (4)   For the purposes of the application of paragraphs (1) (a) and (b) in relation to a transfer under subsection (2) or 135D (2) of the surplus votes of an elected candidate, each ballot paper of the elected candidate that was obtained by that candidate on a transfer under this regulation shall be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot paper and as if the numbers indicating subsequent preferences had been altered accordingly.

         (5)   Subject to subsections (6) and (7), where, after any count or transfer under this section, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first.

         (6)   Subject to subsection (7), where, after any count or transfer under this regulation, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates shall be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first, but if there has been no such count or transfer the returning officer shall determine by lot the order in which the surpluses shall be dealt with.

         (7)   Where, after any count or transfer under this section, a candidate obtains surplus votes, those surplus votes shall not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count or transfer.

135D       Votes for excluded candidates

         (1)   Where, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes shall be excluded and all that candidate’s votes shall be transferred to the continuing candidates as follows:

                (a)    the total number of ballot papers of the excluded candidate that express the first preference vote for that candidate and the next available preference for a particular continuing candidate shall be transferred, each ballot paper at a transfer value of one, to the continuing candidate and added to the number of votes of the continuing candidate and all those ballot papers shall be transferred to the continuing candidate;

               (b)    the total number (if any) of other votes obtained by the excluded candidate on transfers under this regulation shall be transferred from the excluded candidate in the order of the transfers on which the candidate obtained them, the votes obtained on the earliest transfer being transferred first, as follows:

                          (i)    the total number of ballot papers transferred to the excluded candidate from a particular candidate and expressing the next available preference for a particular continuing candidate shall be multiplied by the transfer value at which the votes were so transferred to the excluded candidate;

                         (ii)    the number so obtained (disregarding any fraction) shall be added to the number of votes of the continuing candidate;

                         (iii)    all those ballot papers shall be transferred to the continuing candidate.

         (2)   Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (1) or (3) of votes of an excluded candidate shall be elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected shall be transferred in accordance with paragraphs 135C (1) (a) and (b), except that, where the candidate so elected is elected before all the votes of the excluded candidate have been transferred the surplus votes (if any) of the candidate so elected shall not be transferred until the remaining votes of the excluded candidate have been transferred in accordance with paragraphs 135D (1) (a) and (b) to continuing candidates.

         (3)   Subject to subsection 135E (1), where, after the transfer of all the votes of an excluded candidate, no continuing candidate has received a number of votes greater than the quota the continuing candidate who has the fewest votes shall be excluded and that candidate's votes shall be transferred in accordance with paragraphs (1) (a) and (b).

         (4)   Where a candidate is elected as a result of a transfer of the first preference votes of an excluded candidate or a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate, no other votes of the excluded candidate shall be transferred to the candidate so elected.

         (5)   Where the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes shall be excluded, but if there has been no such count or transfer the returning officer shall determine by lot which candidate shall be excluded.

135E        Filling final vacancies

         (1)   If 2 continuing candidates remain for the last vacancy, the continuing candidate who has the larger number of votes is elected even if the number is less than the quota.

         (2)   If 2 continuing candidates with an equal number of votes remain for the last vacancy, the returning officer must, in the presence of each candidate or a representative of each candidate, determine by lot which candidate is elected.

         (3)   Notwithstanding any other provision of this Subdivision, where the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates shall be elected.

135F        Exhausted ballot papers

         (1)   Where a candidate is elected by reason that the number of first preference votes received by the candidate, or the aggregate of first preference votes received by the candidate and all other votes obtained by that candidate on transfers under this regulation, is equal to the quota, all the ballot papers expressing those votes shall be set aside as finally dealt with.

         (2)   A ballot paper shall be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.

Subdivision LB               Counting votes under the preferential system

26.           Section 136 (Method of counting votes)

26.1         Subsections 136 (5) and (6):

Omit the subsections.

26.2         Subsection 136 (7):

Omit “or (5)”.

27.           Section 136A (Returning officer may use other assistance)

27.1      After “under”, insert “Subdivisions L and LA and”.

28.           Section 137 of Local Government Act (Declaration by returning officer of result of election)

28.1         Paragraph 137 (1) (a):

Omit “the prescribed form”, substitute “Form L in Schedule 3A”.

28.2         Paragraph 137 (1) (e):

Omit “applications, declarations and certificates with respect to early, absent and postal”, substitute “declarations relating to early”.

29.           Section 138 (Returns of results to be sent to Minister)

29.1         Subsection 138 (1):

Omit “the prescribed form”, substitute “Form M in Schedule 3A”.

29.2         Subsection 138 (2):

Omit the subsection, substitute:

         (2)   As soon as reasonably practicable after receiving them, the Minister must cause to be published in the Gazette the following particulars from the return:

                (a)    the name of the municipality;

               (b)    the date of the election;

                (c)    the reason for the election;

                (c)    the name of each candidate elected.

30.           Section 139 (Terms of office)

30.1         Omit the section, substitute:

139          Term of office of a councillor

                The term of office of a councillor elected on the election day:

                (a)    begins the following day; and

               (b)    ends on:

                          (i)    the first Saturday in May 1994; or

                         (ii)    the Saturday in May 1994 (if any) appointed under subsection 73 (2) as the day for holding annual elections;

whichever is later.

31.           Section 141 (Election of mayor or president where elected by council)

31.1         Paragraph 141 (1) (a):

Omit “annual”.

31.2         Paragraph 141 (1) (b):

Omit the paragraph, substitute:

               (b)    the first meeting of the council after the election is to be held on the day, and at the time and place fixed by:

                          (i)    the outgoing council; or

                         (ii)    if the outgoing council has not fixed a day, time and place for the meeting — the Minister;

31.3      Paragraph 141 (1) (h):

Omit the paragraph, substitute:

                (h)    subject to this subsection, the president elected or appointed under this section holds office until the annual election day in May 1994;

31.4      Paragraph 141 (1) (i):

Omit “in any year”, substitute “1994”.

32.           Section 143 (Election by council of deputy president)

32.1         Subsection 143 (1):

Omit “annual election day, and in the case of a newly constituted municipality, at the first meeting of the council”, substitute “election day”.

32.2         Subsection 143 (2):

Omit the subsection, substitute:

         (2)   The deputy president holds office until the beginning of the first meeting of the council after the annual election day in 1994, whether or not he or she is re‑elected as a councillor at the election held on that day.

33.           Section 154C (Non‑participation of candidates for election)

33.1         Subsection 154C (1):

Omit the subsection, substitute:

         (1)   A candidate for the election or a person expressly authorised to act in connection with the election on behalf of a candidate commits an offence if he or she:

                (a)    assists, communicates with, or interferes with an elector while the elector is casting an early vote; or

               (b)    looks at the vote of an elector.

34.           Section 154E (Improperly interfering with ballot papers)

34.1         Subsection 154E (1):

Omit “, absent or postal”.

35.           New Schedule 3A to the Local Government Act

35.1         After the Third Schedule, insert the following Schedule:

Schedule 3A          Forms for use in Christmas Island Shire Council Election in 1992

Form A                    Application for registration on the inhabitants’ roll for Christmas Island Shire

(section 37)

 

APPLICATION FOR REGISTRATION ON THE INHABITANTS’ ROLL FOR CHRISTMAS ISLAND SHIRE

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

 

 

I apply to be registered as an elector and declare that I am a resident of:

(insert complete description of residential address in sufficient detail to enable place of residence to be located precisely).

 

Surname:

 

Given names:

 

 

Date:                            1992.   Signature:

 

Post Office Box No.                 , Christmas Island 6798.

 

Please deliver this form to the offices of the Christmas Island Shire Council or to Post Office Box 63, Christmas Island 6798.

Form B                    Advice of acceptance of application for registration on inhabitants’ roll

(subsection 38 (1))

 

ADVICE OF ACCEPTANCE OF APPLICATION FOR REGISTRATION ON INHABITANTS’ ROLL

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

 

 

To: (insert name and address of applicant)

 

Your application dated (insert date of application) for registration on the inhabitants’ roll has been accepted and you have been registered on the roll of the Shire of Christmas Island.

 

Please keep this advice as evidence of your registration.

 

Dated: (insert date of signature)

 

(insert signature of Shire Clerk)

Shire Clerk

 

Form C                   Notice of rejection of application for registration on inhabitants’ roll

(subsection 38 (2))

 

NOTICE OF REJECTION OF APPLICATION FOR REGISTRATION ON INHABITANTS’ ROLL

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

 

To: (insert name and address of applicant)

 

 

Your application dated (insert date of application) for registration on the inhabitants’ roll of the Shire of Christmas Island has been rejected for the following *reason/*reasons:

(set out reason or reasons for rejection of application)

 

 

If, within 14 days of receiving this notice, you satisfy me that you are entitled to be registered on the inhabitants’ roll you will be registered on the roll in spite of this notice.

 

Dated: (insert date of signature)

 

 

(insert signature of Shire Clerk)

Shire Clerk

 

* Delete if not applicable.

 

Form D                   Nomination of candidate for election: nomination by candidate

(subsection 85 (1))

 

NOMINATION OF CANDIDATE FOR ELECTION: NOMINATION BY CANDIDATE

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

 

To the returning officer of the Shire of Christmas Island:

 

I, (insert full name of candidate), of (insert residential address of candidate) nominate myself for election as a councillor of the Shire of Christmas Island.

 

I declare that:

(a)     I have attained the age of 18 years; and

(b)     I am an Australian citizen; and

(c)     *I am registered as an elector on the electoral roll of the Shire/*I should be registered as an elector on the electoral roll of the Shire but my name has been omitted in error; and

(d)     I am not disqualified under section 67 of the Local Government Act 1960 (W.A.) (C.I.) from being elected.

 

Dated: (insert date)

 

(insert signature of candidate)

Candidate

 

 

Witnessed by me, (insert full name of witness), on: (insert date)

 

(insert signature of witness)

Witness

 

* Delete if not applicable.

Form E                    Nomination of candidate for election: nomination by agent

(subsection 85 (1))

NOMINATION OF CANDIDATE FOR ELECTION: NOMINATION BY AGENT

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

 

To the returning officer of the Shire of Christmas Island:

 

I, (insert full name of agent), of (insert address of agent), nominate (insert full name of candidate), of (insert residential address of candidate), for election as a councillor of the Shire of Christmas Island.

 

I declare to the best of my knowledge that the person nominated:

(a)     has attained the age of 18 years; and

(b)     is an Australian citizen; and

(c)     *is registered as an elector on the electoral roll of the Shire/*should be registered as an elector on the electoral roll of the Shire but *his/*her name has been omitted in error; and

(d)     is not disqualified under section 67 of the Local Government Act 1960 (W.A.) (C.I.) from being elected.

 

I attach the candidate’s authorisation for me to nominate *him/*her.

 

Dated: (insert date).

 

(insert signature of candidate)

Agent

 

Witnessed by me, (insert full name of witness), on: (insert date)

 

 

(insert signature of witness)

Witness

 

* Delete if not applicable.

Form F                    Ballot paper for election of councillors in 1992

(subsection 93 (1))

 

BALLOT PAPER FOR ELECTION OF COUNCILLORS IN 1992

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

 

 

Shire of Christmas Island

 

INSTRUCTIONS TO ELECTORS

 

Please complete the ballot paper by placing the number 1 in the square opposite the name of the candidate for whom you vote as your first preference, the number 2 in the square opposite the name of the candidate for whom you vote as your second preference, and so on to indicate your preference for all candidates.

 

Your vote will be invalid if you place any other mark on the paper.

 

If you make a mistake in your marking your preferences, please ask the electoral officer for a fresh ballot paper.

 

 

Names of Candidates                                                                Preference

 

 

Form G                   Declaration by returning officer

(paragraph 103 (1) (a))

 

DECLARATION BY RETURNING OFFICER

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

 

 

I, (insert full name), of (insert address), Returning Officer for the Shire of Christmas Island, declare that:

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

(b)     I will not attempt improperly to discover, or directly or indirectly assist another person to discover, the vote of an elector; and

(c)     I will, unless legally bound to reveal it, keep secret any knowledge obtained in the course of my duties about an elector’s vote.

 

 

(insert signature of Returning Officer)

Returning Officer

 

 

Declared before me on (insert date)

 

(insert signature of Justice of the Peace)

Justice of the Peace

 

 

Form H                   Declaration by *Deputy Returning Officer/*Presiding Officer/*Poll Clerk/*electoral officer appointed to issue early voting papers

(paragraph 103 (1) (b))

 

DECLARATION BY *DEPUTY RETURNING OFFICER/*PRESIDING OFFICER/*POLL CLERK/*ELECTORAL OFFICER APPOINTED TO ISSUE EARLY VOTING PAPERS

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

 

 

I, (insert full name), of (insert address), *Deputy Returning Officer/ *Presiding Officer/*Poll Clerk/*officer appointed to issue early voting papers for the election to be held on (insert election date) in the Shire of Christmas Island, 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 discover, or directly or indirectly assist another person to discover, the vote of an elector; and

(c)     I will, unless legally bound to reveal it, keep secret any knowledge obtained in the course of my duties about an elector’s vote.

 

(insert signature of officer)

 

*Deputy Returning Officer/*Presiding Officer/*Poll Clerk/*officer appointed to issue early voting papers

 

Declared before me on (insert date)

 

(insert signature of witness)

*Justice of the Peace/*Returning Officer/*Deputy Returning Officer/*Presiding Officer

 

* Delete if not applicable

Form I                     Declaration by scrutineer

(subsection 103 (1B))

 

DECLARATION BY SCRUTINEER

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

 

 

I, (insert full name), of (insert address), a scrutineer appointed by (insert name of candidate) for the election being held on (insert date of election) in the Shire of Christmas Island, declare that:

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

(b)     I will not attempt improperly to discover, or directly or indirectly assist another person to discover, the vote of an elector; and

(c)     I will, unless legally bound to reveal it, keep secret any knowledge obtained in the course of my duties about an elector’s vote.

 

 

(insert signature of scrutineer)

Scrutineer

 

Declared before me on (insert date)

 

 

(insert signature of Justice of the Peace)

 

 

*Justice of the Peace/*Returning Officer/*Deputy Returning Officer/*Presiding Officer

 

* Delete if not applicable

 

 

Form J                    Application and declaration under section 111

(subsection 111 (2))

 

APPLICATION AND DECLARATION UNDER SECTION 111

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

 

 

I, (insert full name), of (insert residential address), apply for a vote at the election being held on (insert date of election) in the Shire of Christmas Island.

 

I declare that:

(a)     I am eligible to be registered on the electoral roll for the Shire because I have attained the age of 18 years and *my name is entered on the Commonwealth electoral roll and my place of living is set out in that roll as a place on Christmas Island/*I am ordinarily resident in Christmas Island Shire; and

(b)     my name has been incorrectly omitted from the current electoral roll for the Shire.

 

 

(insert signature of applicant)

 

 

Declared before me on (insert date).

 

(insert signature of electoral officer)

(insert title of electoral officer)

* Delete if inapplicable.

 

 

Form K                   Application and declaration for an early vote

(subsection 115 (2))

 

APPLICATION AND DECLARATION FOR AN EARLY VOTE

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

I, (insert full name), of (insert residential address), apply for an early vote in relation to the election being held on (insert date of election) in the Shire of Christmas Island.

 

I declare that:

(a)     I am an elector of the Shire; and

(b)     the ground on which I apply is that:

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

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

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

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

 

(insert signature of elector)

 

Declared before me on (insert date).

 

(insert signature of electoral officer)

(insert title of electoral officer)

 

* Delete if inapplicable.

Form L                    Declaration of result of poll

(paragraph 137 (1) (a))

 

DECLARATION OF RESULT OF POLL

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

 

 

Shire of Christmas Island

 

Election of Councillors on (insert date)

 

 

I declare each of the following candidates elected:

(insert full names of candidates elected)

 

 

(insert date)

 

 

(insert signature of Returning Officer)

Returning Officer

 

 

Form M                   Return of election

(subsection 138 (1))

 

RETURN OF ELECTION

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

 

 

Shire of Christmas Island

 

 

This return of the inaugural election of councillors held on (insert date of election) is submitted under subsection 138 (1) of the Local Government Act 1960 (W.A.) (C.I.).

 

 

The following candidates were elected:

(insert list of full names of candidates elected)

 

 

The following candidates were not elected:

(insert list of full names of candidates not elected)

 

 

Number of electors on roll: (insert number).

 

Percentage of electors who voted: (insert percentage).

 

 

 

(insert date)

 

 

(insert signature of Returning Officer)

Returning Officer

 

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 Christmas Island.

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

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

 


Notes to the Local Government (Transition) Ordinance 1992

Note 1

The Local Government (Transition) Ordinance 1992 (in force under the Christmas Island Act 1958) as shown in this compilation comprise Ordinance No. 6 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. 6, 1992

30 June 1992

1 July 1992

 

No. 7, 1992

2 Oct 1992

S. 8: 1 July 1992 Remainder: 2 Oct 1992

No. 9, 1992

24 Nov 1992

24 Nov 1992

No. 11, 1992

24 Dec 1992

24 Dec 1992

No. 1, 1993

29 Jan 1993

29 Jan 1993

No. 2, 1993

16 Apr 1993

16 Apr 1993

Table of Amendments

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

Provision affected

How affected

Part 1

 

Heading to Part 1.................

ad. No. 7, 1992

Part 2

 

Heading to Part 2.................

ad. No. 7, 1992

S. 5.........................................

am. No. 7, 1992

Ss. 6A, 6B and 6C...............

ad. No. 7, 1992

S. 7A.......................................

ad. No. 7, 1992

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

am. Nos. 7 and 11, 1992; No. 1, 1993

Part 3

 

Part 3 (s. 10).........................

ad. No. 7, 1992

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

ad. No. 7, 1992

 

am. Nos. 1 and 2, 1993

Schedule 1

 

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

am. No. 9, 1992

 

rs. No. 1, 1993

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

ad. No. 7, 1992

 

am. No. 9, 1992

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

No. 1, 1993

Schedule 2

 

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

ad. No. 1, 1993

Note 2

Subsection 3.1 of Ordinance No. 11 of 1992 provides as follows:

“3.1       Subparagraphs 8 (b) (iii) and (iv):

             Omit the subparagraphs.”.

The proposed amendment was misdescribed and is not incorporated in this compilation.