Amendment of the Industrial Board Election Regulations (ACT)

Regulations under the Industrial Board Ordinances 1936.

-r E O B E B T GORDON M E N Z I E S , the Attorney-General of the

1 , Commonwealth, in pursuance of the powers conferred by the

Industrial	Board	Ordinances	1936, hereby make the	following
Regulations.

Dated this fourteenth day of October, 1936.

R O B E R T G. M E N Z I E S

Attorney-General.

A M E N D M E N T OE T H E I N D U S T R I A L BOARD E L E C T I O N

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

Interpretation.	1. I u these Regulations, any reference to a regulation shall be read as a reference to a regulation contained in the Industr ia l Board Election Regulations.
Definitions.	2. Regulation 2 is amended—

(a) by inserting in the definition of " election " , after the word " members" , the words " and of deputies of those members " ; and

(b) by inserting, after the definition of " R e t u r n i n g Officer",

the following definition:—

" ' the appointed d a y ' means, in relation to any election, the day of the publication in pursuance of regulation 4 of these Regulations of the notice in the Gazette, in respect of that election.".

Preparation	3. Regulation 5 is amended by adding at the end thereof the follow- " (3 . ) Eor the purposes of any election, other than the first election, held under these Regulations, the representative of each organization shall forward to the Returning Officer—
of rolls.	ing sub-regulations:—

(a) a list of members of the organization who were financial on the appointed day, and who have been employed in the Terri tory during the period of three months immediately preceding that day, but whose names do not appear on the roll prepared in respect of the election last preceding the appointed day; and

(b) a list of members of the organization whose names appear on the roll prepared in respect of the election last preced- ing the appointed day but—

(i) who were not financial on the appointed day; or ( i i ) who were not employed in the Terri tory during

Requisites for	5. Regulation 10 is amended by omitting from paragraph ( a ) of sub-regulation (1.) the words ", if elected " and inserting in their stead the words " as a member or as a deputy of a member of the Board
nomination.
according to which office he is elected ".

the three months immediately preceding the

appointed day.

"(4 . ) Each such list shall be verified by statutory declaration.
"(5 . ) Upon receipt of the lists furnished in pursuance of sub-

regulation (3.) of this regulation, the Returning Officer shall enter on the roll prepared in respect of the election last preceding the appointed day the names of any members of organizations entitled to vote at the election nest succeeding the appointed day and remove therefrom the names of any members not so entitled to vote. The roll as so altered shall be the roll prepared in respect of the election next succeeding the appointed day.".

Candidates	4. Regulation D is amended—
must be
nominated.	(a) by inserting, after the word " m e m b e r " (first occurring),

the words " or a deputy of a member " ; and

(b) by inserting, after the word "employees" (wherever
occurring), the words ", or of a deputy of that member,".

6. Eegulation 16 is amended— voting.

(a) by omitting from sub-regulation (2.) the words " eighteenth day of February, 1936/ ' and inserting in their stead the words " appointed day " ; and

(6) by inserting, after the word " m e m b e r " (wherever

occurring), the words " or a deputy of a member " .

7. Eegulation 18 is amended by inserting in sub-regulation (1 . ) , J°"io!rm'ofI*

after the word " Board ", the words " and deputies of those members, declaration,

as the case may be " .

8. Eegulation 21 is amended by inserting, after the word "member " , JS™"0 '

the words " or of a deputy of a member " .

9. Eegulation 26 is amended by omitting from paragraphs (e) and scrutiny of
(h) the words " representative of" and inserting in their stead the declarations,
words " member (or of a deputy of a member) of the Board

representing ".

10. Eegulation 27 is amended— Further

° scrutiny.

(

(a ) by inserting in sub-regulation (1.) , immediately before the words " The Eeturning Officer" (first occurring), the words " I n an election of a member or a deputy of a member of the Board to fill a vacancy in either of those offices"; and

(&) by inserting in sub-regulation (3.), after the word

" regulat ion", the words " and the nest succeeding

regulation ".

11. After Eegulation 27, the following regulation is inserted:—

" 27A. Where an election of a member and an election of a deputy of scrutiny where

. i i i i i • - election or

that member are to be held at the same time— mcminrnnd depuLy is held

(a) The persons nominated shall be deemed to have been ^m ' e e s a m e

nominated for both offices, provided they have consented to act, if elected, in either office and at least two nominations are received;

(6 ) The scrutiny shall be conducted as if the elections were one

election to fill two vacancies;

(c) The scrutiny shall proceed in accordance with the last preceding paragraph until one candidate has an absolute majority of votes, and that candidate shall be elected as a member of the Board and, where the number of candidates does not exceed two, the other candidate shall be elected as the deputy of the member;

(d) Subject to the last preceding paragraph, the selection of the

deputy of the member shall then proceed as follows:—

( i ) The Eeturn ing Officer shall re-arrange all the ballot-papers under the names of the respective candidates in accordance with the first preference	indicated thereon, except that each ballot-paper	•on which a first preference for the elected
candidate is indicated, shall, if unexhausted, be placed in the parcel of the candidate next in order of the voter's preference, and shall then count the ballot-papers in each parcel;

( i i) I f a candidate then has a majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall preceed as provided in sub-paragraphs ( I . ) and (2.) of paragraph ( i i ) of the last preceding regulation until one candidate has received an absolute majority of votes;

Provided that, in the application of para- graph (1) of paragraph ( i i ) of the last pre- ceding regulation, any reference to first prefer- ence votes shall be read as a reference to all the votes counted to a candidate in pursuance of

this pa ragraph ; and

(iii)   That candidate who has received an absolute majority of votes shall be elected; and

(e) I f on any count two or more candidates have - an equal number of votes, and one of them has to he excluded, the Returning Officer shall decide which shall be excluded; and if, in the final count for filling any vacancy, two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.".

12. The Schedule is amended—
(a) by omitting from Form A the words " eighteenth day of

February, 1936," (wherever occurring) and inserting in their stead the words "(Here insert the date of the

appointed day) ;

(b) by inserting in that Form, after the words " election of a

member" , the words " (o r deputy of a member )" ;

(c) by inserting in the Heading to Form B, after the word

" MEMBER ", the words "(or DEPUTY OF A M E M B E R . ) " ;

(d) by inserting in that Form, after the word " M e m b e r " , the

words "(or Deputy of the Member )" ;

(e) by omitting from that Fo rm the words " if elected" and inserting in their stead the words " as a member or as a deputy of a member of the Board according to which office I am elected " ;

( / ) by inserting in Form C, after the word " member ", the

words "(or a deputy of the member ) " ;

(g) by omitting from that Form the words " eighteenth day of February, 1936," (wherever occurring) and inserting in their stead the words "(Here insert the date of the appointed day);

(h) by inserting in the Heading to Form D, after the word

" REPRESENTATIVE " , the words "(and/or DEPUTY OF

REPRESENTATIVE OF COMMONWEALTH EMPLOYEES OR OF

PRIVATE EMPLOYEES, as the case may be) ; and

(i) by inserting in that Form, after the words " private employees", the words " and/or ' one deputy of the member of the Industr ial Board representative of the Commonwealth employees' and/or ' one deputy of the member of the Industrial Board representative of the

private employees' ,".