Amendments of the Advisory Council Election Regulations (ACT)

Regulations 1974 No. 10

Regulations under the Legislative Assembly Ordinance

1936-1974.*

I, .GORDON M U N R O B R Y A N T , the Minister of State for the Capital Terri tory, hereby make the following Regulations under the Legislative Assembly Ordinance 1936-1974.

Dated this seventeenth day of July, 1974.

G O R D O N M. B R Y A N T

Minister of State for the Capital Terr i tory.

A M E N D M E N T S OF THE ADVISORY COUNCIL ELECTION REGULATIONS!

1. Regulation 1 of the Advisory Council Election Regulations is repealed

and the following regulation subst i tuted:—

" 1. These Regulations may be cited as the Legislative Assembly (Elect ion)

Regulations.".

2. Regulation 3 of the Advisory Council Election Regulations is repealed and

the following regulation substi tuted:—

" 3 . (1 ) In these Regulations, unless the contrary intention appears—

' Commonweal th Electoral A c t ' means the Commonwealth Electoral Act

1918-1973;

' election ' means an election of members of the Assembly;

' O r d i n a n c e ' means the Legislative Assembly Ordinance 1936-1974;

' Returning Officer ' m e a n s —

(a) the person appointed under regulation 5 to be the Returning Officer for a Division in relation to an election; or

(b ) a person appointed under regulation 6 to be an Assistant

and 1967, N o . 8.

Returning Officer in relation to that election.

" (2) A reference in these Regulations to a form by number is a reference

to the form so numbered in the Schedule.".

3.   Regulation 4A of the Advisory Council Election Regulations is amended—

(a) by omitting from paragraph (1) (e) the word "Council" and sub­ stituting the word " Assembly ";

(b) by omitting from paragraph (2 ) ( e ) the words " t h e T e r r i t o r y " and

substituting the words " a Division "; and

(c) by omitting from each of paragraphs (2) (f), (2) (i) and (2) (1) the word " Council " and substituting the word " Assembly ".

* Notified in the Australian Government Gazette on 17 July 1974.

t Regulations notified in the Gazette on 8 June 1939, as amended by Regulations 1941, N o . 5; 1951 N o 2;

1953, N o . 7; 1955, N o . 2; 1957, No . 6; 1959, Nos. 9 and 10; 1961, Nos . 10 and 12; 1962, N o . 1; 1964, N o . 2;

4. After Regulation 4 A of the Advisory Council Election Regulations the following regulation is inser ted :—

" 5. (1) There shall be a Returning Officer for each Division in relation to an election.

" ( 2 ) It is the duty of the Returning Officer to give effect to thz provisions of the Ordinance and of the Commonweal th Electoral Act so far as they are applicable to the election in relation to which he has been appointed.

" (3) T h e Returning Officer shall be appointed by the Chief Electoral Officer. " (4 ) A person is not eligible to be appointed under sub-regulation (3 ) unless

h e is a Returning Officer within the meaning of the Austral ian Capital Terr i tory

Representat ion Regulations.".

5. Regulation 9 of the Advisory Council Election Regulations is repealed and the following regulation substi tuted:—

" 9. In relation to an election, the polling places for a Division are the places in that Division appointed by the Chief Electoral Officer under regulation 41 of the Austral ian Capital Terr i tory Representation Regulations.".

6. Regulation 25 of the Advisory Counci l Election Regulations is amended by omitting the words " the elected members of the Council " and substituting the words " members of the Assembly ".

7. Regulation 26 of the Advisory Council Election Regulations is repealed and the following regulation subs t i tu ted :—

" 26. Where a direction has been given to him under regulation 25, the

Returning Officer shall publish in the Gazette and in a newspaper circulating

in the Terr i tory a notification s ta t ing—

(a) that the direction has been given;

(b) the dates appointed for the nomination of candidates and for the

polling; and

(c ) the address of the place of nominat ion." .

8. Regulation 29 of the Advisory Counci l Election Regulations is amended by omitting from sub-regulation (2) the words " at Canberra ".

9. Regulation 30 of the Advisory Council Election Regulations is amended by omit t ing the word " eight " and substituting the figure " 9 ".

10. Regulation 31 of the Advisory Council Election Regulations is amended by omit t ing the word " eight " and substituting the figure " 9 ".

11 . Regulation 32 of the Advisory Council Election Regulations is amended by omitt ing the words " twenty-one y e a r s " and substituting the figures and word " 18 years ".

12. Regulation 44 of the Advisory Counci l Election Regulations is amended by omit t ing the words " Christian n a m e " and substituting the words " given name ".

13. Regulation 45 of the Advisory Council Election Regulations is amended by omitt ing from sub-paragraph (1) (b) (iii) the words " twenty-one years " and substituting the figures and word " 1 8 years ".

14.  The Schedule to the Advisory Council Election Regulations is amended— (a) by omitting Form 4 and substituting the following Form:—

" FORM 4 Regulation 25

AUSTRALIAN CAPITAL TERRITORY

Legislative	Assembly	(Election)	Regulations
D I R E C T I O N	TO	R E T U R N I N G	O F F I C E R

To the Returning Officer

for the Division of

I hereby direct you to cause an election to be made of 9 members of the Australian Capital Territory Legislative Assembly and I appoint the following dates for the purposes of the election:—

1. For nomination, the day of 19

2. For taking the poll in the event of the election being contested, the

day of 19 .

Dated the day of , 19

Minister of State for the

Capital Territory.";

(b)	by inserting in Form 5, after the words "Returning Officer" (where
first occurring), the words "for the Division of ";
(c)	by omitting from Form 5 the words " entitled to vote at the Election of the elected members of the Advisory Council," and substituting the words " entitled to vote at the election of members of the Australian Capital Territory Legislative Assembly for the Division of
(d)	by omitting from Form 6 the word "Canberra" (wherever occur­ ring);
(e)	by inserting in Form 6, after the words "Roll of Electors", the
words " for the Division of ";
(f)	by omitting from Form 8 the words "ELECTION OF EIGHT MEMBERS OF THE ADVISORY COUNCIL" and substituting the words "ELECTION OF NINE MEMBERS OF THE AUS­ TRALIAN CAPITAL TERRITORY LEGISLATIVE ASSEMBLY";
(g)	by omitting from Form 8 the figures " 6, 7, 8 " and substituting the figures " 6, 7, 8, 9 ";
(h)	by omitting from Form 9 the words "ELECTION OF EIGHT
the words "ELECTION OF NINE MEMBERS OF THE AUS­ MEMBERS OF THE ADVISORY COUNCIL" and substituting

TRALIAN CAPITAL TERRITORY LEGISLATIVE ASSEMBLY";

(j)	by omitting from Form 9 the figures "6, 7, 8" and substituting the figures " 6, 7, 8, 9 ";
(k)	by omitting from Form 10 the words " Roll of Electors for the Australian Capital Territory" and substituting the words " Roll of Electors for the Division of

(I) by omitting from Form 10 the words "Registrar for the Territory"

and substituting the words " Registrar for the Division

of	";
(m)	by omitting from Form 10 the words "election for the Territory" and substituting the words " election for the Division ";
(n)	by omitting from Form 10 the words " Returning Officer for the Territory" and substituting the words "Returning Officer";
(o)	by omitting from paragraph (2) of Form 10A the word "Territory" and substituting the word " Division ";

( p ) by omitting from paragraph (2 ) of the Directions in F o r m 10A the

word " T e r r i t o r y " and substituting the word " D i v i s i o n " ;

( q ) by omitt ing from paragraph (4 ) of the Directions in F o r m 10A the

words " for the Terri tory ";

( r )	by omitt ing	from	F o r m	13 the words	" F O R	T H E	A U S T R A L I A N
C A P I T A L	T E R R I T O R Y "	and	substituting	the	words	" F O R	T H E

D I V I S I O N O F ";

(s) by omitting from F o r m 13 the words " R e t u r n i n g Officer for the

Australian Capital Terr i tory " wherever they occur and substituting the words " Returning Officer for the Division of ";

(t) by omitting from Form 13 the words "Roll for the Australian

Capital Terr i tory " and substituting the words " Roll for the Division

of ";

(u ) by omitt ing from F o r m 13 the words " t h e said T e r r i t o r y " and

substituting the words " that Division ";

(v) by omitt ing from F o r m s 14, 16 and 17 the words " R e t u r n i n g

Officer for the Australian Capital Terr i tory " (wherever occurr ing) and substituting the words " Returning Officer for the Division

of	";
(w)	by omitting from Form 17 the words " Roll for the Australian Capital Terr i tory " and substituting the words " Roll for the Division
of "; and

(x)    by omitting from each of Forms 6, 15 and 17 the words "the Austral ian Capital Terri tory, for a State " and substituting the words " a Division, for a State ".

(2 ) The Schedule to the Advisory Council Regulations is further amended—

(a )	by	omitt ing	the	words	" A d v i s o ry	Council	Election	Regu la t i ons"
wherever	they	occur	and	substituting	the	words	"	Legislative

Assembly (Elect ion) Regulations ";

(b)	by omitting the words " Advisory Council " wherever they occur and substituting the words " Austral ian Capital Terr i tory Legislative Assembly ";
(c)	by omitting the word " Council " wherever it occurs and substituting
the word " A s s e m b l y " ;
(d )	by omit t ing the words " elected m e m b e r s " or " elected m e m b e r "
wherever they occur and substituting the words " m e m b e r s " and
" member " respectively;
(e)	by omitting the word " Christian " wherever it occurs and substituting the word " given ";
(f) by omitting the words "Advisory	Council Ordinance " wherever they

occur and substituting the words " Legislative Assembly Ordinance ".