ATSIC (Regional Councils--Election of Officeholders) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 390 1

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ATSIC (Regional Councils—Election of Officeholders) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aboriginal and Torres Strait Islander Commission Act 1989.

Dated 18 November 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

ROBERT TICKNER

Minister for Aboriginal and Torres Strait Islander Affairs

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1.   Amendment

1.1   The ATSIC (Regional Councils—Election of Officeholders) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 9 (Declaration of nominations)

2.1   Subregulation 9 (4):

After “elected as”, insert “alternate”.

3.   Schedule (Method of determining the election of a candidate)

3.1   Clause 5 (Method of choosing between candidates with the same number of votes):

Omit the clause, substitute:

Determining the excluded candidate if candidates receive the same number of votes

“5.

(1) If:

• (a)

  2 or more unexcluded candidates receive the same number of votes; and

• (b)

  one of those candidates is required to be identified for exclusion for the purposes of clause 4;

the returning officer must conduct an intermediate poll, involving only those candidates, to determine which of the candidates is excluded.

“(2)

An intermediate poll must be conducted in accordance with Divisions 2, 3, and 4 of Part 2 of these Regulations.

“(3)

If, in the intermediate poll, a candidate receives fewer votes than any other candidate, the first-mentioned candidate is excluded.

“(4)

If, in the intermediate poll:

• (a)

  2 or more candidates receive the same number of votes; and

• (b)

  either:

  • (i)

    there are no other candidates; or

  • (ii)

    each of those candidates has received fewer votes than any other candidate;

the returning officer must conduct a public draw of lots to determine which of those candidates is excluded.

Determining the elected candidate if candidates receive the same number of votes

“6.

(1) If:

• (a)

  2 unexcluded candidates receive the same number of votes; and

• (b)

  there are no other unexcluded candidates;

the returning officer must conduct an intermediate poll, involving only those candidates, to determine which of the candidates is elected.

“(2)

An intermediate poll must be conducted in accordance with Divisions 2, 3 and 4 of Part 2 of these Regulations.

“(3)

In the intermediate poll, the candidate who receives the greatest number of votes is elected.

“(4)

If, in the intermediate poll, each of the candidates receives the same number of votes, the returning officer must conduct a public draw of lots to determine which of the candidates is elected.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1994.

2. Statutory Rules 1993 No. 379.