Amendment of the Advisory Council Election Regulations (ACT)

Regulations under the Advisory Council Ordinance

1930-1935.

I T H O M A S , pursuance of the powers conferred by the Advisory Council

P A T E R S O N , Minister of State for the Interior, in

Ordinance 1930-1935, hereby make the following Regulations.

Dated this seventeenth day of March, 1936.

T. PATER-SON

Minister of State for the Interior.

A M E N D M E N T O F T H E A D V I S O R Y C O U N C I L E L E C T I O N

R E G U L A T I O N S .

Regulation 63 of the Advisory Council Election Regulations is repealed and the following Regulations are inserted in its stead:—

Preservation of " 6 3 - The Returning Officer shall preserve all the ballot-papers

baiiot-papas. until the next succeeding election, when they shall be destroyed.

Method of	" 63A.—(1 . ) A vacancy occurring in the office of an elected member preceding election of members of the Council ( in this regulation referred to as ' t h e last election') was greater than three, and at least one of the candidates not elected at that election is available for appoint- ment, be filled by the appointment of a person in accordance with this regulation.".
filling vacancies.	0f t ^ e Council shall, where the number of candidates at the last

(2.) "Where only one person who was a candidate at the last election, but was not elected, is available for appointment, the Minister shall appoint that person to the vacancy.

(3.) Where two or more persons who were candidates at the last
election, but were not elected, are available for appointment, the
Minister shall appoint a person determined in the following manner:—
(a ) The Returning Officer shall re-arrange all the ballot-papers
under the names of the respective candidates in accord-
ance with the first preference indicated thereon, except
that each ballot-paper on which a first preference for any
elected candidate or a candidate not available for appoint-

ment is indicated, shall be placed in the parcel of the

candidate next; in order of the voter's preference.

(6) The Returning Officer shall then count the ballot-papers in the parcel of each candidate and ascertain the total number of votes given for each candidate.

(c) I f a candidate then has an absolute majority of votes the Returning Officer shall transmit the name of that candidate to the Minister and the Minister shall appoint that person to the vacancy, but if no candidate then has an absolute majority of votes the scrutiny shall proceed as provided in paragraphs (&), (c) and (rZ) of sub- regulation (1.) of regulation 5S of these Regulations until one candidate has received an absolute majority of votes:

Authorised by the ACT Parliamentary Counsel—also accessible at

Provided that, in the application of paragraphs (b) and (c) of that sub-regulation, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this sub- regulation.

(d) The Returning Officer shall transmit to the Minister the name of the candidate who has received an absolute majority of votes and the Minister shall appoint that person to the vacancy.

(4.) For the purposes of this regulation, a. person who was a candidate at the last election but was not elected and has not been subsequently appointed as a member of the Council shall be deemed to be available for appointment if—

(a ) he is qualified for election as a member of the Council; and (b) the Returning Officer is satisfied that he is available fori

appointment and will act if appointed to the vacancy.".