Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations (Cth)
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE COMMITTEES) REGULATIONS
(#DATE 09:12:1993)
(#DATE 09:12:1993)
- In force under the Aboriginal and Torres Strait Islander Commission Act 1989
*1* The Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations (in force under the Aboriginal and Torres Strait Islander Commission Act 1989) as shown in this reprint comprise Statutory Rules 1990 No. 399 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1990 No. 399 6 Dec 1990 6 Dec 1990
1991 No. 256 30 Aug 1991 30 Aug 1991 -
1992 No. 393 16 Dec 1992 16 Dec 1992 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 3 am. 1991 No. 256
R. 18 am. 1991 No. 256; 1992 No. 393
R. 30 am. 1991 No. 256; 1992 No. 393
Part 4A (rr. 30A, 30B) ad. 1991 No. 256
Rr. 30A, 30B ad. 1991 No. 256
Schedule 2 am. 1991 No. 256
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - TABLE OF PROVISIONSTABLE
TABLE OF PROVISIONS
Regulation
PART 1 - PRELIMINARY
1. Citation
2. Interpretation
3. Attendance by Regional Manager of the Commission
4. Chairperson to be elected first
PART 2 - NOMINATIONS FOR POSITIONS ON THE EXECUTIVE COMMITTEE
5. Calling of nominations
6. Manner of nominations
PART 3 - ELECTION OF CHAIRPERSON
Division 1 - Declaration of Nominations
7. Declaration of nominations for Chairperson
Division 2 - The poll
8. Determination of order of candidates on the
ballot-paper
9. Ballot-paper
10. Election procedure
11. Manner of voting
Division 3 - Scrutiny and declaration of result
12. Scrutineers
13. Scrutiny
14. Conduct of the scrutiny
15. Informal ballot-papers
16. Completion of scrutiny
17. Declaration
18. Request for recount
PART 4 - ELECTION OF COUNCIL EXECUTIVES
Division 1 - Declaration of nominations
19. Declaration of nominations
Division 2 - The poll
20. Determination of order of candidates on the
ballot-paper
21. Ballot-paper
22. Voting procedure
23. Manner of voting
Division 3 - Scrutiny and declaration of result
24. Scrutineers
25. Scrutiny
26. Conduct of the scrutiny
27. Informal ballot-papers
28. Completion of scrutiny
29. Declaration
30. Request for recount
PART 4A - ELECTIONS UNDER OF SUBSECTION 127 (3) OF THE ACT
30A. Election of a new Chairperson of a Regional Council
30B. Election of new council executives
PART 5 - MISCELLANEOUS
31. Recording of result of election
32. Advice to the Commission
33. Destruction of election material
SCHEDULE 1
METHOD OF DETERMINING SUCCESSFUL CANDIDATE FOR THE
POSITION OF CHAIRPERSON
SCHEDULE 2
METHOD OF DETERMINING SUCCESSFUL CANDIDATES FOR
POSITIONS OF EXECUTIVE MEMBERS
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - PART 1
PART 1 - PRELIMINARY
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 2
Interpretation
2. (1) In these Regulations, unless the contrary intention appears:
"approved" means approved by the Commission;
"council executives" means the 4 persons referred to in paragraph 127 (1) (b) of the Act;
"the Act" means the Aboriginal and Torres Strait Islander Commission Act 1989;
"the Regional Manager" means the officer of the Commission appointed by the Commission to be the Regional Manager for the region for which the Regional Council is elected.(2) In these Regulations a reference to the Regional Manager includes a reference to a person appointed by the Commission under subregulation 3 (2).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 3
Attendance by Regional Manager of the Commission
3. (1) The Regional Manager must attend:
(a) the first meeting of a Regional Council after it is elected; and
(b) at the next meeting of the Regional Council held after each anniversary of that first meeting; and
(c) at any other meeting of a Regional Council at which an election for a member of the Executive Committee of the Regional Council is to take place.(2) If the Regional Manager is unable to attend a meeting of a Regional Council referred to in subregulation (1), the Commission must appoint an officer of the Commission to attend in his or her place.
(3) Where an officer attends a Regional Council meeting in place of the Regional Manager under subregulation (2), the provisions of these Regulations relating to the powers and functions of the Regional Manager apply to the officer as if he or she is the Regional Manager.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 4
Chairperson to be elected first
4. The election for a Chairperson must be concluded before the election for the council executives commences.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - PART 2
PART 2 - NOMINATIONS FOR POSITIONS ON THE EXECUTIVE COMMITTEE
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 5
Calling of nominations
5. (1) The Regional Manager must, as soon as practicable and in any event no later than 14 days before a meeting of the Regional Council referred to in subregulation 3 (1), write to each member of the Regional Council:
(a) seeking nominations for the position of Chairperson of the Regional Council; and
(b) seeking nominations for the positions of council executives of the Regional Council; and
(c) attach 2 copies of each of the forms approved for the lodgement of nominations; and
(d) specifying:
(i) the manner in which nominations are to be made; and
(ii) the address to which nominations are to be sent.
(2) A nomination must be in the approved form.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 6
Manner of nominations
6. (1) A nomination must:
(a) set out the name, place of residence and occupation of the candidate; and
(b) be signed by a member of the Regional Council other than the candidate; and
the candidate must endorse the nomination to the effect that he or she:
(c) is a member of the Regional Council; and
(d) consents to act if elected.(2) A nomination must include a statement of the form in which the candidate's name is to be presented on the ballot-paper.
(3) A nomination of a member of the Regional Council under subregulation (1) must be received by the Regional Manager in the approved form not later than 2 hours before the meeting of the Regional Council referred to in subregulation 3 (1).
(4) A nomination received after the time specified in subregulation (3) must be disregarded.
(5) A member nominated as a candidate for a position on the Executive Committee may:
(a) in writing signed by the member; and
(b) given to the Regional Manager;
withdraw as a candidate not later than the time specified in subregulation (3).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - PART 3
PART 3 - ELECTION OF CHAIRPERSON
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - DIVISION 1
Division 1 - Declaration of Nominations
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 7
Declaration of nominations for Chairperson
7. (1) As soon as practicable after the time specified in subregulation 6 (3), the Regional Manager must publicly produce all nomination forms for the position of Chairperson received by him or her and declare the names of the candidates for the position of Chairperson. (2) If only one candidate is nominated for the position of Chairperson, the Regional Manager must declare that candidate to be elected.
(3) If more than one candidate is nominated for the position of Chairperson, the Regional Manager must conduct a poll of the members of the Regional Council to decide the election.
(4) If no candidate is nominated for the position of Chairperson, the Regional Manager must notify the Commission accordingly and the election is not to take place.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - DIVISION 2
Division 2 - The poll
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 8
Determination of order of candidates on the ballot-paper
8. (1) For the purposes of determining the order in which the names of the candidates appear on the ballot-paper, the Regional Manager must conduct a public draw at which the order is to be determined by lot. (2) In this regulation, "a public draw" means a drawing of the names of candidates that is open to the public.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 9
Ballot-paper
9. A ballot-paper must:
(a) be in the approved form; and
(b) set out the names of the candidates in the order determined under regulation 8; and
(c) set out voting instructions to enable a member to comply with subregulation 11 (1).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 10
Election procedure
10. (1) At the meeting of the Regional Council referred to in subregulation 3 (1), the Regional Manager must exhibit the ballot-box empty and must then securely fasten its cover. (2) The Regional Manager must distribute to each member of the Regional Council in attendance at the meeting a ballot-paper initialled by the Regional Manager.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 11
Manner of voting
11. (1) A member of the Regional Council is to indicate his or her preference, or the order of his or her preference, on the ballot-paper by placing the number "1" opposite the name of the candidate for whom the member wishes to vote as his or her first preference or, if the member so desires, by placing a series of consecutive numbers, beginning with the number "1", opposite the names of all or some only of the candidates so as to indicate the order of the member's preference, one number being placed opposite the name of each candidate. (2) After marking his or her preference on a ballot-paper, the member is to:
(a) fold the ballot-paper so as to conceal the vote; and
(b) place the ballot-paper in the ballot-box.(3) A member must place his or her ballot-paper in the ballot-box in accordance with paragraph (2) (b) not later than 30 minutes after he or she has received the ballot-paper from the Regional Manager.
(4) If, before depositing his or her ballot-paper in the ballot-box, a member:
(a) claims that he or she has spoiled his or her ballot-paper; and
(b) returns his or her ballot-paper to the Regional Manager; and
(c) requests a further ballot-paper;
the Regional Manager must:
(d) give the member a fresh ballot-paper; and
(e) endorse the returned ballot-paper by writing the word "spoilt" across the ballot-paper and sign and date the endorsement.(5) A ballot-paper not placed in the ballot-box within the time specified in subregulation (3) must be disregarded.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - DIVISION 3
Division 3 - Scrutiny and declaration of result
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 12
Scrutineers
12. (1) Each candidate for the position of Chairperson may appoint not more than 2 scrutineers to represent him or her at the scrutiny. (2) A candidate must notify the Regional Manager of the name of his or her scrutineers (if any) before the commencement of the scrutiny.
(3) A notification under subregulation (2) may be communicated orally to the Regional Manager by the candidate.
(4) In spite of subregulation (1), a candidate is not entitled to be represented at the scrutiny by a number of scrutineers that is greater than the number of officers engaged in the scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 13
Scrutiny
13. The result of the poll must be ascertained by scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 14
Conduct of the scrutiny
14. As soon as practicable after the time specified in subregulation 11 (3), the Regional Manager must, in the presence of such scrutineers as attend:
(a) open the ballot-box referred to in subregulation 10 (1); and
(b) take out the ballot-papers; and
(c) deal with the ballot-papers in accordance with Schedule 1.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 15
Informal ballot-papers
15. A ballot-paper is informal if:
(a) it is not initialled by the Regional Manager; or
(b) it has no vote marked on it; or
(c) it does not indicate the member's first preference for a candidate; or
(d) it has any mark or writing on it by which the member can be identified.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 16
Completion of scrutiny
16. (1) After the scrutiny conducted in respect of an election has been completed, the Regional Manager must:
(a) prepare and sign a statement setting out:
(i) the number of votes given to each candidate; and
(ii) the number of informal ballot-papers; and
(b) place in separate parcels:
(i) ballot-papers rejected as informal; and
(ii) ballot-papers accepted for scrutiny; and
(iii) ballot-papers endorsed under subregulation 11 (4); and
(c) endorse each parcel to indicate clearly both its contents and the election to which it relates and sign and date the endorsement; and
(d) keep the parcels in a secure place.(2) A scrutineer may countersign a statement referred to in paragraph (1) (a) or an endorsement referred to in paragraph (1) (c).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 17
Declaration
17. As soon as practicable after the completion of the scrutiny under regulation 16, the Regional Manager must publicly declare to the Regional Council the name of the candidate declared to be elected as Chairperson of the Regional Council.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 18
Request for recount
18. (1A) The Regional Manager must conduct a recount of the ballot-papers received in an election if a candidate requests the Regional Manager to do so at any time before a declaration is made under regulation 17.
(1B) A request may be made orally or in writing.
(2) In conducting a recount in relation to an election, the Regional Manager:
(a) has the same powers for the purposes of the recount as the Regional Manager had in the scrutiny in respect of the election; and
(b) may make any decision in respect of the allowance and admission, or disallowance and rejection, of a ballot-paper;
that the Regional Manager could have made in the course of the scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - PART 4
PART 4 - ELECTION OF COUNCIL EXECUTIVES
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - DIVISION 1
Division 1 - Declaration of nominations
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 19
Declaration of nominations
19. (1) The Regional Manager must, as soon as practicable after the completion of the election of the Chairperson under Part 3, publicly produce all nomination forms received by him or her and declare the names of the candidates for the positions of council executives. (2) If the person elected as Chairperson under Part 3 has been nominated for a position of council executive, that nomination must be disregarded.
(3) If only 4 candidates are nominated for the positions of council executives, the Regional Manager must declare those candidates to be elected.
(4) If more than 4 candidates are nominated for the positions of council executives, the Regional Manager must conduct a poll of the members of the Regional Council to decide the election.
(5) If fewer than 4 candidates have been nominated for the positions of council executives, the Regional Manager must notify the Commission accordingly and the election is not to take place.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - DIVISION 2
Division 2 - The poll
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 20
Determination of order of candidates on the ballot-paper
20. (1) For the purposes of determining the order in which the names of the candidates for the positions of council executives appear on the ballot-paper, the Regional Manager must conduct a public draw at which the order is to be determined by lot. (2) In this regulation, "a public draw" means a drawing of the names of candidates that is open to the public.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 21
Ballot-paper
21. A ballot-paper must:
(a) be in the approved form; and
(b) set out the names of the candidates in the order determined under regulation 20; and
(c) set out voting instructions to enable a member to comply with subregulation 23 (1).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 22
Voting procedure
22. (1) The Regional Manager must exhibit the ballot-box empty and must then securely fasten its cover. (2) The Regional Manager must distribute to each member of the Regional Council in attendance at the meeting a ballot-paper initialled by the Regional Manager.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 23
Manner of voting
23. (1) A member of the Regional Council is to indicate his or her preference, or the order of his or her preference, on the ballot-paper by placing the number "1" opposite the name of the candidate for whom the member wishes to vote as his or her first preference or, if the voter so desires, by placing a series of consecutive numbers, beginning with the number "1", opposite the names of all or some only of the candidates so as to indicate the order of the member's preference, one number being placed opposite the name of each candidate. (2) After marking his or her preference on a ballot-paper, the member is to:
(a) fold the ballot-paper so as to conceal the vote; and
(b) place the ballot-paper in the ballot-box.(3) A member must place his or her ballot-paper in the ballot-box in accordance with paragraph (2) (b) no later than 30 minutes after he or she has received the ballot-paper from the Regional Manager.
(4) If, before depositing his or her ballot-paper in the ballot-box, a member:
(a) claims that he or she has spoiled his or her ballot-paper; and
(b) returns his or her ballot-paper to the Regional Manager; and
(c) requests a further ballot-paper;
the Regional Manager must:
(d) give the member a fresh ballot-paper; and
(e) endorse the returned ballot-paper by writing the word "spoilt" across the ballot-paper and sign and date the endorsement.(5) A ballot-paper not placed in the ballot-box within the time specified in subregulation (3) must be disregarded.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - DIVISION 3
Division 3 - Scrutiny and declaration of result
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 24
Scrutineers
24. (1) Each candidate for the position of council executive may appoint not more than 2 scrutineers to represent him or her at the scrutiny. (2) A candidate must notify the Regional Manager of the name of his or her scrutineers (if any) before the commencement of the scrutiny.
(3) A notification under subregulation (2) may be communicated orally to the Regional Manager by the candidate.
(4) In spite of subregulation (1), a candidate is not entitled to be represented at the scrutiny by a number of scrutineers that is greater than the number of officers engaged in the scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 25
Scrutiny
25. The result of the poll must be ascertained by scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 26
Conduct of the scrutiny
26. As soon as practicable after the time specified in subregulation 23 (3), the Regional Manager must, in the presence of such scrutineers as attend:
(a) open the ballot-box referred to in subregulation 22 (1); and
(b) take out the ballot-papers; and
(c) deal with the ballot-papers in accordance with Schedule 2.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 27
Informal ballot-papers
27. A ballot-paper is informal if:
(a) it is not initialled by the Regional Manager; or
(b) it has no vote marked on it; or
(c) it does not indicate the member's first preference for a candidate; or
(d) it has any mark or writing on it by which the member can be identified.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 28
Completion of scrutiny
28. (1) After the scrutiny conducted in respect of an election has been completed, the Regional Manager must:
(a) prepare and sign a statement setting out:
(i) the number of votes given to each candidate; and
(ii) the number of informal ballot-papers; and
(b) place in separate parcels:
(i) ballot-papers rejected as informal; and
(ii) ballot-papers accepted for scrutiny; and
(iii) ballot-papers endorsed under subregulation 23 (4); and
(c) endorse each parcel to indicate clearly both its contents and the election to which it relates and sign and date the endorsement; and
(d) keep the parcels in a secure place.(2) A scrutineer may countersign a statement referred to in paragraph (1) (a) or an endorsement referred to in paragraph (1) (c).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 29
Declaration
29. As soon as practicable after the completion of the scrutiny under regulation 28, the Regional Manager must publicly declare to the Regional Council the name of the candidates declared to be elected as executive members of the Regional Council.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 30
Request for recount
30. (1A) The Regional Manager must conduct a recount of the ballot-papers received in an election if a candidate requests the Regional Manager to do so at any time before a declaration is made under regulation 29.
(1B) A request may be made orally or in writing.
(2) In conducting a recount in relation to an election, the Regional Manager:
(a) has the same powers for the purposes of the recount as the Regional Manager had in the scrutiny in respect of the election; and
(b) may make any decision in respect of the allowance and admission, or disallowance and rejection, of a ballot-paper;
that the Regional Manager could have made in the course of the scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - PART 4A
PART 4A - ELECTIONS UNDER OF SUBSECTION 127 (3) OF THE ACT
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 30A
Election of a new Chairperson of a Regional Council
30A. For the purposes of subsection 127 (4) of the Act, an election of a new Chairperson of a Regional Council under paragraph 127 (3) (a) of the Act must be conducted in accordance with the provisions of Parts 2 and 3 that are applicable to the election.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 30B
Election of new council executives
30B. (1) For the purposes of subsection 127 (4) of the Act, an election of a council executive for the purposes of paragraph 127 (3) (b) of the Act must be conducted in accordance with:
(a) the provisions of Parts 2 and 4 that are applicable to the election; and
(b) whichever of subregulations (2), (3) and (4) is applicable to the election.(2) If 4 council executives are to be elected, the method of determining successful candidates prescribed in Schedule 2 applies to the scrutiny.
(3) If 2 or 3 council executives are to be elected, the method of determining successful candidates prescribed in Schedule 2 applies to the scrutiny as if, in the definition of "primary vote", "4" was omitted and "2" or "3" was substituted, as the case requires.
(4) If 1 council executive is to be elected, the method of determining successful candidates prescribed in Schedule 1 applies to the scrutiny.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - PART 5
PART 5 - MISCELLANEOUS
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 31
Recording of result of election
31. The results of the elections and the statements prepared by the Regional Manager under paragraphs 16 (1) (a) and 28 (1) (a) must be recorded in the minutes relating to the meeting of the Regional Council at which the elections were held.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 32
Advice to the Commission
32. The Regional Manager must advise the Commission in writing of the results of the elections as soon as practicable.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - REG 33
Destruction of election material
33. At the end of 3 months after the elections held under Parts 3 and 4, the Regional Manager must destroy the following election material:
(a) the ballot-papers relating to an election referred to in paragraph 16 (1) (b);
(b) the ballot-papers relating to an election referred to in paragraph 28 (1) (b).
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - SCHEDULE 1SCH
SCHEDULE 1 Paragraph 14 (c)
METHOD OF DETERMINING SUCCESSFUL CANDIDATE FOR THE
POSITION OF CHAIRPERSON
1. For the purposes of the scrutiny a number marked on a
ballot-paper is to be taken to express a preference for a
candidate if it is part of a sequence of consecutive unrepeated
numbers beginning with "1" marked on the ballot-paper.
2. The Regional manager must count the first preference votes
given for each candidate on the ballot-papers referred to in
paragraph 14 (b) not rejected as informal.
3. If a candidate has an absolute majority of first preference
votes, that candidate must be declared to be elected.
4. If no candidate has an absolute majority after the process
referred to in clause 2:
(a) the unsuccessful candidate with the fewest first preference
votes must be excluded; and
(b) all ballot-papers recording a first preference for that
excluded candidate must be scrutinised and, where any such
ballot-paper records a second preference for another candidate,
that second preference vote must be given to that other candidate
and is deemed to be a first preference vote for that other
candidate; and
(c) if, after the count referred to in paragraph (b), a
candidate has an absolute majority of first preference votes,
that candidate must be declared to be elected.
5. If, after the process referred to in clause 4, no continuing
unsuccessful candidate has received an absolute majority, the
process described in clause 4 is to be repeated until:
(a) a candidate has received an absolute majority of votes; or
(b) there are only 2 continuing candidates.
6. If, at any stage of the count, the next available preference
expressed on a ballot-paper is for a candidate who has previously
been excluded, then that preference is to be disregarded and the
next available preference for a continuing candidate must be
added to the votes credited to that continuing candidate.
7. If there are only 2 continuing candidates:
(a) the continuing candidate with the most votes must be
declared to be elected; or
(b) if the continuing candidates have an equal number of votes
the Regional Manager is to decide by lot which candidate is to be
elected.
8. If, on any count:
(a) 2 or more continuing candidates have an equal number of
votes; and
(b) one of those candidates must be excluded;
the Regional Manager is to decide by lot which candidate is to be
excluded.
9. A ballot-paper must be set aside as exhausted if, at any
stage during the count, it is found that the ballot-paper
expresses no preference for a continuing candidate.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE
COMMITTEES) REGULATIONS - SCHEDULE 2SCH
SCHEDULE 2 Paragraph 26 (c)
METHOD OF DETERMINING SUCCESSFUL CANDIDATES FOR POSITIONS
OF EXECUTIVE MEMBERS
1. In this Schedule, unless the contrary intention appears:
"primary vote" means a vote included in the first 4 preferences
for candidates expressed on a ballotpaper;
"secondary vote" means a preference for a candidate expressed
on a ballot-paper after the primary votes.
2. For the purposes of the scrutiny a number marked on a
ballot-paper is to be taken to express a preference for a
candidate if it is part of a sequence of consecutive unrepeated
numbers beginning with "1" marked on the ballot-paper.
3. The Regional Manager must:
(a) count the primary votes given for each candidate on the
ballot-papers referred to in paragraph 26 (b) not rejected as
informal; and
(b) prepare a list of the candidates in the order of the number
of primary votes given for the candidates.
4. The candidate with the lowest number of primary votes is to be
excluded from the count.
5. The ballot-papers on which the excluded candidate received a
primary vote must be scrutinised to determine the secondary vote
and the next preference found (if any):
(a) is to be allotted to the appropriate unexcluded candidate
on the list referred to in paragraph 3 (b); and
(b) is regarded as a primary vote for that unexcluded
candidate.
6. The process referred to in clauses 4 and 5 is to be repeated
until only 4 unexcluded candidates remain on the list referred to
in paragraph 3 (b).
7. If only 4 unexcluded candidates remain on the list referred to
in paragraph 3 (b), these candidates must be declared to be
elected.
8. If, at any stage of the count, the next available preference
expressed on a ballot-paper is for an excluded candidate, then
that preference is to be disregarded and the next available
preference for an unexcluded candidate must be added to the votes
credited to that continuing candidate.
9. If, on any count:
(a) 2 or more unexcluded candidates have an equal number of
votes; and
(b) one of those candidates must be excluded;
the Regional Manager is to decide by lot which candidate is to be
excluded.
10. A ballot-paper must be set aside as exhausted if, at any
stage during the count, it is found that the ballot-paper
expresses no preference for an unexcluded candidate.
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