Community Services Legislation Amendment Regulation (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 274 Community Services (Aborigines) Act 1984 Community Services (Torres Strait) Act 1984 COMMUNITY SERVICES LEGISLATION AMENDMENT REGULATION (No. 1) 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 2 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Replacement of sch 1 (Elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 1 ELECTIONS PART 1—GENERAL 266 Triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 267 Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 268 Elections to be held on a Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 269 Dates of triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 270 Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 271 Aboriginal councils responsible for expenditure for conducting elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 2—RETURNING OFFICERS 272 Clerk is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 273 Appointment of returning officer in place of the clerk . . . . . . . . . . . 16

2 Community Services Legislation Amendment (No. 1) No. 274, 1998 274 Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . . . 17 PART 3—VOTERS ROLL 275 Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . . . 17 276 Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . . . 17 277 Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 278 Use of electoral roll when practicable . . . . . . . . . . . . . . . . . . . . . . . . 18 279 Requirements of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 280 Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . 18 281 Electoral registrars to help returning officers . . . . . . . . . . . . . . . . . . . 19 PART 4—VOTING 282 Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 283 System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 5—( omitted ) PART 6—CONDUCT OF ELECTIONS Division 1—Preliminary 289 Conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2—Electoral officers 290 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 291 Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 292 Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 293 Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 294 Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 295 Returning officer may act through other officers . . . . . . . . . . . . . . . . 21 296 Assistant returning officer may act through certain authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 297 Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 3—Candidates for election or appointment 298 Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 299 Prohibition of dual candidature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 300 Leave to Aboriginal council employee to contest election . . . . . . . 23 Division 4—Nomination on candidates for election 301 Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3 Community Services Legislation Amendment (No. 1) No. 274, 1998 302 Who may nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 303 How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . . . . 24 304 Nomination fee to accompany nomination . . . . . . . . . . . . . . . . . . . . 25 305 Special grounds for deciding a person is not properly nominated . . 25 306 Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 307 Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 308 Termination of candidature before noon on nomination day . . . . . . 26 309 Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 310 Procedure if number of candidates not more than number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 311 Procedure if number of candidates exceeds number required . . . . . 27 312 Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 313 Procedure on death of candidate when poll to be conducted . . . . . . 28 314 Disposal of nomination fees generally . . . . . . . . . . . . . . . . . . . . . . . . 29 315 If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 316 Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 5—(omitted) Division 6—Polling booths 319 Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 320 Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . 31 321 Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . . . . 32 322 Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . . . . 32 323 Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 7—Ballot boxes, papers and other documents 324 Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 325 Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 326 Separate ballot papers for separate polls . . . . . . . . . . . . . . . . . . . . . . 34 327 Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . . . . 35 328 Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 329 Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 8—Scrutineers 330 Candidates’ entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . . . . 37

4 Community Services Legislation Amendment (No. 1) No. 274, 1998 331 Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 332 Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 333 Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 9—Voting generally 334 Who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 335 When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 336 Procedure for voting at a polling booth . . . . . . . . . . . . . . . . . . . . . . . 39 337 Duties of issuing officer for returned papers . . . . . . . . . . . . . . . . . . . 40 338 Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . . . 40 339 Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . . . . 41 340 Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . . . . 42 341 Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 342 Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 10—Declaration voting 343 Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 344 Who must cast a declaration vote in ordinary elections . . . . . . . . . 44 345 Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . . . 45 346 How declaration vote is cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 347 Distribution of ballot papers to electors who may or must cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 348 How declaration vote may be cast at a polling booth . . . . . . . . . . . 47 349 Distribution of ballot papers to electors for postal ballot election . . 47 350 Record of ballot papers given to postal voters . . . . . . . . . . . . . . . . . 47 351 Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 352 Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . . . 48 353 Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 11—Marking of ballot papers 354 Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 355 First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 12—Replacement ballot papers 356 Use of replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

5 Community Services Legislation Amendment (No. 1) No. 274, 1998 Division 13—Effect of ballot papers 357 Effect of ballot papers—optional-preferential voting . . . . . . . . . . . . 53 358 Effect of ballot papers—first-past-the-post voting . . . . . . . . . . . . . . . 53 359 Posted vote presumed valid until contrary proved . . . . . . . . . . . . . . 54 360 Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 361 Ballot paper partly formal and partly informal . . . . . . . . . . . . . . . . . 54 Division 14—Counting of votes 362 Votes to be counted in accordance with this division . . . . . . . . . . . 55 363 Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . . . 55 364 Preliminary processing of declaration votes by returning officer . . . 57 365 Procedure for processing declaration envelopes . . . . . . . . . . . . . . . . 57 366 Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 367 Treatment of ballot paper to which objection is made . . . . . . . . . . . 60 368 Counting of votes for optional-preferential system . . . . . . . . . . . . . . 60 369 Counting of votes for first-past-the-post system . . . . . . . . . . . . . . . . . 60 370 Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . . . . 61 Division 15—Actions following poll 371 Declaration of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 372 Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 373 Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . . . 63 374 List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 375 Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 376 Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 377 Recording response to notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 378 Evidentiary value of list under s 374 . . . . . . . . . . . . . . . . . . . . . . . . . 66 379 Disposal of material resulting from election . . . . . . . . . . . . . . . . . . . 66 380 Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 381 Notice to electors whose ballot papers are not accepted . . . . . . . . . 67 382 Notice to electoral commission of certain declaration votes . . . . . . 67 Division 16—Enforcement Subdivision 1—Offences in general 383 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

6 Community Services Legislation Amendment (No. 1) No. 274, 1998 384 False, misleading or incomplete electoral documents . . . . . . . . . . . 68 385 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 386 Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . . . 69 387 Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . . . 69 388 Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . . . . 69 389 Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . . . . 70 390 Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . . . 70 391 No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Subdivision 2—Offences about electoral advertising and information 392 Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 393 Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . . . . 71 394 Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Subdivision 3—Offences about voting 395 Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 396 Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 397 Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . . . . 73 398 Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 399 Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 400 Party badges not to be worn in polling booths . . . . . . . . . . . . . . . . . . 75 401 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 402 Offences relating to ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 403 Failure to deliver or post documents for someone else . . . . . . . . . . 76 404 Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 405 Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 406 Duty of witness to signing of declaration voting papers . . . . . . . . . . 77 Subdivision 4—(omitted) PART 7—FRESH ELECTIONS 408 Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 409 Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 410 Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 411 Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 412 Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

7 Community Services Legislation Amendment (No. 1) No. 274, 1998 413 Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 8—( omitted ) PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) REGULATION 1998 4 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 5 Replacement of sch 1 (Elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 SCHEDULE 1 ELECTIONS PART 1—GENERAL 266 Triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 267 Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 268 Elections to be held on a Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 269 Dates of triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 270 Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 271 Island councils responsible for expenditure for conducting elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 PART 2—RETURNING OFFICERS 272 Clerk is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 273 Appointment of returning officer in place of the clerk . . . . . . . . . . . 82 274 Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . . . 83 PART 3—VOTERS ROLL 275 Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . . . 83 276 Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . . . 83 277 Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 278 Use of electoral roll when practicable . . . . . . . . . . . . . . . . . . . . . . . . 84 279 Requirements of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 280 Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . 84 281 Electoral registrars to help returning officers . . . . . . . . . . . . . . . . . . . 85 PART 4—VOTING 282 Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 283 System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 PART 5—( omitted )

8 Community Services Legislation Amendment (No. 1) No. 274, 1998 PART 6—CONDUCT OF ELECTIONS Division 1—Preliminary 289 Conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 2—Electoral officers 290 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 291 Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 292 Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 293 Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 294 Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 295 Returning officer may act through other officers . . . . . . . . . . . . . . . . 87 296 Assistant returning officer may act through certain authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 297 Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 3—Candidates for election or appointment 298 Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 299 Prohibition of dual candidature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 300 Leave to Island council employee to contest election . . . . . . . . . . . 89 Division 4—Nomination on candidates for election 301 Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 302 Who may nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 303 How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . . . . 90 304 Nomination fee to accompany nomination . . . . . . . . . . . . . . . . . . . . 91 305 Special grounds for deciding a person is not properly nominated . . 91 306 Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 307 Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 308 Termination of candidature before noon on nomination day . . . . . . 92 309 Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 310 Procedure if number of candidates not more than number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 311 Procedure if number of candidates exceeds number required . . . . . 93 312 Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 313 Procedure on death of candidate when poll to be conducted . . . . . . 94

9 Community Services Legislation Amendment (No. 1) No. 274, 1998 314 Disposal of nomination fees generally . . . . . . . . . . . . . . . . . . . . . . . . 95 315 If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 316 Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Division 5—(omitted) Division 6—Polling booths 319 Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 320 Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . 97 321 Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . . . . 98 322 Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . . . . 98 323 Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 7—Ballot boxes, papers and other documents 324 Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 325 Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 326 Separate ballot papers for separate polls . . . . . . . . . . . . . . . . . . . . . 100 327 Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . . . 101 328 Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 329 Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division 8—Scrutineers 330 Candidates’ entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . . . 103 331 Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 332 Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 333 Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division 9—Voting generally 334 Who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 335 When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 336 Procedure for voting at a polling booth . . . . . . . . . . . . . . . . . . . . . . 105 337 Duties of issuing officer for returned papers . . . . . . . . . . . . . . . . . . 106 338 Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . . 106 339 Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . . . 107 340 Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . . . 108 341 Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

10 Community Services Legislation Amendment (No. 1) No. 274, 1998 342 Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 10—Declaration voting 343 Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 344 Who must cast a declaration vote in ordinary elections . . . . . . . . 110 345 Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . . 111 346 How declaration vote is cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 347 Distribution of ballot papers to electors who may or must cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 348 How declaration vote may be cast at a polling booth . . . . . . . . . . 113 349 Distribution of ballot papers to electors for postal ballot election . 113 350 Record of ballot papers given to postal voters . . . . . . . . . . . . . . . . 113 351 Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . . . 114 352 Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . . 114 353 Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Division 11—Marking of ballot papers 354 Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 355 First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 12—Replacement ballot papers 356 Use of replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 13—Effect of ballot papers 357 Effect of ballot papers—optional-preferential voting . . . . . . . . . . . 119 358 Effect of ballot papers—first-past-the-post voting . . . . . . . . . . . . . . 119 359 Posted vote presumed valid until contrary proved . . . . . . . . . . . . . 120 360 Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . 120 361 Ballot paper partly formal and partly informal . . . . . . . . . . . . . . . . 120 Division 14—Counting of votes 362 Votes to be counted in accordance with this division . . . . . . . . . . 121 363 Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . . 121 364 Preliminary processing of declaration votes by returning officer . . 123 365 Procedure for processing declaration envelopes . . . . . . . . . . . . . . . 123 366 Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

11 Community Services Legislation Amendment (No. 1) No. 274, 1998 367 Treatment of ballot paper to which objection is made . . . . . . . . . . 126 368 Counting of votes for optional-preferential system . . . . . . . . . . . . . 126 369 Counting of votes for first-past-the-post system . . . . . . . . . . . . . . . . 126 370 Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . . . 127 Division 15—Actions following poll 371 Declaration of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 372 Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 373 Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . . 129 374 List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 375 Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 376 Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 377 Recording response to notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 378 Evidentiary value of list under s 374 . . . . . . . . . . . . . . . . . . . . . . . . 132 379 Disposal of material resulting from election . . . . . . . . . . . . . . . . . . 132 380 Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 381 Notice to electors whose ballot papers are not accepted . . . . . . . . 133 382 Notice to electoral commission of certain declaration votes . . . . . 133 Division 16—Enforcement Subdivision 1—Offences in general 383 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 384 False, misleading or incomplete electoral documents . . . . . . . . . . 134 385 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 386 Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . . 135 387 Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . . 135 388 Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . . . 135 389 Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . . . 136 390 Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . . 136 391 No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Subdivision 2—Offences about electoral advertising and information 392 Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . . 137 393 Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . . . 137 394 Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

12 Community Services Legislation Amendment (No. 1) No. 274, 1998 Subdivision 3—Offences about voting 395 Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 396 Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 397 Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . . . 139 398 Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 399 Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 400 Party badges not to be worn in polling booths . . . . . . . . . . . . . . . . . 141 401 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 402 Offences relating to ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 403 Failure to deliver or post documents for someone else . . . . . . . . . 142 404 Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 405 Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 406 Duty of witness to signing of declaration voting papers . . . . . . . . . 143 Subdivision 4—(omitted) PART 7—FRESH ELECTIONS 408 Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 409 Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 410 Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . 144 411 Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 412 Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . . . . 144 413 Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 PART 8—( omitted )

s 1 13 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Community Services Legislation Amendment Regulation (No. 1) 1998 . PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 ˙ Regulation amended in pt 2 2. This part amends the CommunityServices(Aborigines)Regulation1998 . ˙ Replacement of sch 1 (Elections) 3. Schedule 1— omit, insert—

s 3 14 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ SCHEDULE 1 ‘ ELECTIONS section 26 ‘ (The Local Government Act 1993, chapter 5 applied to an Aboriginal council) 1 ‘ PART 1—GENERAL ˙ ‘ Triennial elections ‘ 266. Councillors of an Aboriginal council are to be elected once every 3 years. ˙ ‘ Types of elections ‘ 267.(1) A triennial or fresh election of a councillor of an Aboriginal council is an election for the whole of the council ’s area. ‘ (2) (omitted) ‘ (3) A by-election to fill a vacancy in the office of a councillor of an Aboriginal council is an election for its area, (words omitted) for which the councillor was elected. 1 Textual changes are indicated by italic script (other than the citations of the Electoral Acts). The schedule as replaced by the Community Services Legislation Amendment Regulation (No. ..) 1998 takes account of the renumbering of the LocalGovernment Act 1993 . The schedule has not otherwise been amended.

s 3 15 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Elections to be held on a Saturday ‘ 268. Every election for an Aboriginal council must be held on a Saturday. ˙ ‘ Dates of triennial elections ‘ 269.(1) Triennial elections are to be held on the same day as triennial elections under the Local Government Act 1993. ‘ (2) (omitted) ‘ (3) (omitted) ˙ ‘ Date of by-elections ‘ 270.(1) A by-election to fill a vacancy in the office of a councillor of an Aboriginalcouncil is to be held on the date fixed by the returning officer for the election. ‘ (2) The date fixed must be within 3 months after the vacancy happens. ˙ ‘ Aboriginal councils responsible for expenditure for conducting elections ‘ 271. An Aboriginal council is responsible for expenditure incurred for the conduct of an election in its (words omitted) area. ‘ PART 2—RETURNING OFFICERS ˙ ‘ Clerk is returning officer ‘ 272.(1) The clerk of an Aboriginal council is the returning officer for every election of a councillor of the Aboriginal council . ‘ (2) This section is subject to section 273 (Appointment of returning officer in place of the clerk ).

s 3 16 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Appointment of returning officer in place of the clerk ‘ 273.(1) If the clerk considers on reasonable grounds that it is appropriate to appoint another individual as returning officer for an election, the clerk may make the appointment in the approved form. ‘ (2) An individual who is not a current employee of the Aboriginal council cannot be appointed as returning officer for an election unless the clerk — (a) has , by displaying in a conspicuous position in the Aboriginal council’s area and in other ways the clerk considers appropriate , invited expressions of interest from individuals who are suitably qualified to conduct elections; and (b) if the clerk considers it appropriate—has invited submissions for appointment as returning officer from any individual the clerk considers may be suitably qualified to conduct elections; and (c) has taken into account— (i) the individual’s qualifications to be a returning officer; and (ii) information supplied by the individual and any referees; and (iii) the cost of the individual providing the services required. ‘ (3) Subsections (4) to (6) apply if a returning officer appointed by the clerk is, for any reason, unable to perform the duties of the returning officer. ‘ (4) If possible, the returning officer must immediately inform the clerk . ‘ (5) The clerk may become the returning officer or appoint another individual to be the returning officer for the election. ‘ (6) To the extent practicable, subsection (2) applies to the appointment of a returning officer under subsection (5) who is not a current employee of the Aboriginal council . ‘ (7) If the clerk believes he or she cannot properly perform the duties of returning officer for an election because of a possible conflict of interest, the clerk must ask the Minister to appoint another individual as returning officer for the election. ‘ (8) The Minister may appoint another individual as returning officer for the election.

s 3 17 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Returning officer’s duty for by-election ‘ 274. As soon as practicable after fixing the day for holding a by-election, the returning officer must— (a) display in a conspicuous position in the Aboriginal council’s area and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut-off day for the voters roll for the by-election; and (b) take the steps required by this regulation for holding the by-election. ‘ PART 3—VOTERS ROLL ˙ ‘ Returning officer must compile voters roll ‘ 275. The returning officer for an election for an Aboriginal council must compile the roll of persons entitled to vote at the election (the “voters roll” ). ˙ ‘ Qualification for enrolment on voters roll ‘ 276. A person is entitled to vote at an election for an Aboriginal council if the person is an elector under the ElectoralAct1992 for an electoral district, or a part of an electoral district, included— (a) (words omitted) in the area; or (b) (omitted) ˙ ‘ Cut-off day for voters roll ‘ 277. A voters roll must be compiled to 1 of the following dates— (a) (omitted) (b) for a triennial election—31 January in the year of the election;

s 3 18 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (c) for a by-election to fill a vacancy in the office of a councillor of an Aboriginal council —at least 5 days, and not more than 7 days, after the display , under section 274 (Returning officer’s duty for by-election), of notice of the day of the by-election. ˙ ‘ Use of electoral roll when practicable ‘ 278.(1) The voters roll for an election for an Aboriginal council must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— (a) (words omitted) in the area; or (b) (omitted) ‘ (2) However, the returning officer may make the changes to the electoral roll, compiled to the cut-off day for the voters roll, that are necessary because the boundaries of the area (words omitted) are not identical with the boundaries of the electoral district. ˙ ‘ Requirements of voters roll ‘ 279.(1) A voters roll for an election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. ‘ (2) The returning officer must not include in a voters roll an elector’s address that, under the Electoral Act 1992 , is excluded from the publicly available part of an electoral roll. ˙ ‘ Voters roll to be open to inspection and purchase ‘ 280.(1) A voters roll for an election is open to inspection. ‘ (2) Copies of the voters roll must be available for purchase at the Aboriginal council’s office . ‘ (3) The price of a copy of the voters roll must be no more than the cost

s 3 19 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) to the Aboriginal council of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. ˙ ‘ Electoral registrars to help returning officers ‘ 281. An electoral registrar under the Electoral Act 1992 must give a returning officer the assistance that the returning officer reasonably requires to compile a voters roll for an election for an Aboriginal council . ‘ PART 4—VOTING ˙ ‘ Compulsory voting ‘ 282. Voting at an election for an Aboriginal council is compulsory and each elector is entitled to 1 vote only. ˙ ‘ System of voting ‘ 283. The system of voting at an election for a councillor is— (a) (omitted) (b) (words omitted) first-past-the-post voting. ‘ PART 5— (omitted)

s 3 20 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ PART 6—CONDUCT OF ELECTIONS ‘ Division 1—Preliminary ˙ ‘ Conduct of elections ‘ 289. An election must be conducted under this part. ‘ Division 2—Electoral officers ˙ ‘ Returning officer ‘ 290. The returning officer for an election is responsible for its proper conduct. ˙ ‘ Assistant returning officers ‘ 291. (omitted) ˙ ‘ Presiding officers ‘ 292.(1) The returning officer— (a) may be presiding officer at a polling booth; and (b) must appoint an adult as presiding officer at each polling booth other than the booth where the returning officer is the presiding officer. ‘ (2) A presiding officer at a polling booth is responsible for the proper conduct of the poll at the booth and for carrying out the other duties for the election that are required by the returning officer. ‘ (3) If a person is unable to act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval,

s 3 21 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) may appoint an adult as presiding officer at the booth while the person is unable to act. ‘ (4) An appointment under subsection (1) or (3) must be in the approved form. ˙ ‘ Issuing officers ‘ 293.(1) The returning officer, or a presiding officer with the returning officer’s approval, may appoint adults ( “issuing officers” ) to— (a) give ballot papers, declaration envelopes and declaration forms to electors; and (b) perform the other duties for the election that are required by the presiding officer. ‘ (2) The appointment must be in the approved form. ‘ (3) Anything done by an issuing officer under subsection (1)(b) is taken to be done by the returning officer or the presiding officer. ˙ ‘ Declaration by issuing officers ‘ 294. An issuing officer must make a declaration in the approved form before acting as an issuing officer. ˙ ‘ Returning officer may act through other officers ‘ 295. If— (a) the returning officer may, under this part, do anything; and (b) the returning officer authorises (words omitted) a presiding officer or issuing officer (the “authorised officer” ) to do the thing; and (c) the authorised officer does the thing; the thing is taken to have been done by the returning officer. Examples— 1. (omitted)

s 3 22 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) 2. (omitted) 3. Under section 351, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. ˙ ‘ Assistant returning officer may act through certain authorised officers ‘ 296. (omitted) ˙ ‘ Supply and use of voters rolls ‘ 297.(1) The returning officer must give to the presiding officer at each polling booth enough copies of the voters roll certified in the approved form by the returning officer. ‘ (2) An issuing officer must use a certified copy of the voters roll for taking the ballot in the election. ‘ Division 3—Candidates for election or appointment ˙ ‘ Qualification for nomination ‘ 298.(1) (omitted) 2 ‘ (2) A person is not disqualified from nominating for election or appointment to an Aboriginal council because the person is a member of the Legislative Assembly or an Aboriginal council employee. 3 ‘ (3) (omitted) 2 See section 10 (Qualifications for councillors). 3 See section 13(g) and (h) which provides that a person can not be a member of an Aboriginal council and hold the position of clerk, deputy clerk, finance officer, financial controller, accountant or other person (however described) whose primary responsibility is administering the council’s finances.

s 3 23 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Prohibition of dual candidature ‘ 299.(1) A person cannot, at the same time, be a candidate— (a) for election as chairperson of an Aboriginal council and as another councillor of the Aboriginal council ; or (b) (omitted) ‘ (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. ‘ (3) (omitted) ˙ ‘ Leave to Aboriginal council employee to contest election ‘ 300.(1) An Aboriginal council employee who nominates as a candidate for election as a councillor of an Aboriginal council is entitled to leave of absence for a period of not more than 2 months to contest the election. ‘ (2) An employee may use any entitlement to accrued leave with pay as leave to which the employee is entitled under subsection (1). ‘ (3) Unless leave is taken under subsection (2), the employee is not entitled to payment of salary or wages for any period of leave taken under subsection (1). ‘ (4) (omitted) ‘ Division 4—Nomination on candidates for election ˙ ‘ Calling for nominations ‘ 301.(1) The returning officer must publish, by displaying a notice in a conspicuous position in the Aboriginal council’s area and in other ways the returning officer considers appropriate, notice of the election (words omitted) . ‘ (2) The notice must— (a) be in the approved form; and

s 3 24 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (b) specify a day as the nomination day— (i) not less than 10, or more than 21, days after the day of publication of the notice; and (ii) not less than 21, or more than 42, days before the day on which the election is to be held; and (c) specify a place of nomination; and (d) invite nominations of candidates for the election. ‘ (3) The place of nomination must be— (a) the Aboriginal council’s office; or (b) a place in its area convenient generally to persons in its area. ˙ ‘ Who may nominate ‘ 302.(1) A candidate for election as a councillor of a n Aboriginal council must be a person who is qualified under section s 298 (Qualification for nomination) and 10 (Qualifications for councillors) to nominate for the election. ‘ (2) ( omitted) ˙ ‘ How and when nomination is given ‘ 303.(1) A person who wishes to be a candidate for election must be nominated by— (a) (omitted) (b) at least 2 electors for the Aboriginal council’s area (words omitted) ‘ (2) A nomination must be— (a) in the approved form; and (b) given to the returning officer after the nominations are invited for the election but before noon on the nomination day.

s 3 25 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Nomination fee to accompany nomination ‘ 304.(1) Before noon on the nomination day, the person nominating as a candidate must deposit, in cash or by a cheque drawn by a financial institution, with the returning officer— (a) $25 ; or (b) ( omitted ) ‘ (2) The nomination fee must be held in the trust fund of the Aboriginal council until it is refunded, or becomes the property of the Aboriginal council , under this part. ˙ ‘ Special grounds for deciding a person is not properly nominated ‘ 305. ( omitted ) ˙ ‘ Certificate of returning officer ‘ 306.(1) If the returning officer is satisfied a person has been properly nominated for election, the returning officer must— (a) certify the nomination, in the approved form; and (b) give a copy of the certificate to the candidate. ‘ (2) The certificate must specify the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper. ‘ (3) A person is properly nominated for election if— (a) sections 302 (Who may nominate) to 304 ( Nomination fee to accompany nomination) have been complied with, or have been substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 299 (Prohibition of dual candidature) does not apply to the person’s nomination; and (c) the nomination has not been withdrawn. ‘ (4) The returning officer is not obliged to look beyond—

s 3 26 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (a) the form of nomination and payment of the nomination fee ; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election (words omitted) ; or (ii) the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the Aboriginal council ’s area. ‘ (5) If a nomination is wrongly certified by the returning officer, the certification, or the issue of a copy of the certificate, does not validate the nomination. ˙ ‘ Display of nominations ‘ 307. As soon as practicable after receipt of a nomination, the returning officer must display a copy of the nomination in a conspicuous position at the place of nomination and, if that place is not the Aboriginal council’s office , at the office. ˙ ‘ Termination of candidature before noon on nomination day ‘ 308.(1) A person nominated as a candidate for election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. ‘ (2) If this happens— (a) the nomination is of no effect; and (b) the person’s nomination fee must be refunded to the person. ˙ ‘ Death of candidate ‘ 309. If a person nominated as a candidate for election dies before noon on the nomination day— (a) the nomination is of no effect; and

s 3 27 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (b) the person’s nomination fee must be refunded to the person’s personal representative. ˙ ‘ Procedure if number of candidates not more than number required ‘ 310.(1) If the number of candidates properly nominated for election does not exceed the number required to be elected— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, display a notice in the approved form in a conspicuous position in the area of the Aboriginal council for which the election was to be held, that the nominees are taken to have been elected. ‘ (2) If— (a) no-one is nominated as a candidate for an election and the council does not make an appointment under section 15(2) of the regulation ; or (b) the number of candidates nominated is less than the number required to be elected; the Governor in Council may, by gazette notice, appoint as councillors of the Aboriginal council , the number of persons necessary to constitute fully the council . ‘ (3) Each person appointed as a councillor must be qualified to be elected as a councillor of the Aboriginal council for the council’s area for which the election was to be held. ‘ (4) The persons appointed are taken to have been properly elected as councillors of the Aboriginal council . ˙ ‘ Procedure if number of candidates exceeds number required ‘ 311.(1) If the number of candidates properly nominated for election exceeds the number required to be elected, a poll must be conducted under this part. ‘ (2) The returning officer must give public notice that a poll will be

s 3 28 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) conducted. ‘ (3) The notice must— (a) be in the approved form; and (b) specify— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 327 (Order of listing of candidates’ names); and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8 a.m. to 6 p.m.; and (c) be displayed in a conspicuous position at the place of nomination and, if that place is not the Aboriginal council’s office, at the office ; and (d) (omitted) ‘ (4) Display of a notice under subsection (3)(c) must— (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll. ˙ ‘ Supply of voters roll ‘ 312.(1) If a poll is to be conducted in the election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. ‘ (2) The copy of the roll must be certified by the returning officer in the approved form. ˙ ‘ Procedure on death of candidate when poll to be conducted ‘ 313.(1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day— (a) (words omitted) the proceedings for the election of the councillors

s 3 29 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) must start again; and (b) (omitted) (c) (omitted) ‘ (2) The deceased candidate’s nomination fee must be refunded to the candidate’s personal representative. ‘ (3) The nomination fees of other candidates must be refunded to the candidates. ‘ (4) Despite subsection (1), the Minister may, by gazette notice, direct that proceedings for holding an election of all councillors of the Aboriginal council start again. ‘ (5) If proceedings are started again, the Minister must, by gazette notice, fix a new polling day for the election. ˙ ‘ Disposal of nomination fees generally ‘ 314.(1) As soon as practicable after the declaration of the result of a poll, each candidate’s nomination fee must be refunded to the candidate if— (a) the candidate is elected; or (b) (omitted) (c) (words omitted) the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election. ‘ (2) (omitted) ‘ (3) All other candidates’ nomination fees become the property of the Aboriginal council and must be paid into its general fund. ˙ ‘ If successful candidate dies ‘ 315. If a candidate who is successful at the election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate.

s 3 30 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Extension of times ‘ 316.(1) This section applies if— (a) a nomination day is specified (words omitted) for the election; or (b) a polling day is specified under section 311 (Procedure if number of candidates exceeds number required) for the election. ‘ (2) The Minister may, by gazette notice, fix a later day as the nomination or polling day. ‘ (3) The returning officer must display a notice in a conspicuous position in the area of the Aboriginal council for which the election is to be held giving any necessary directions to candidates for election, and to electors, about the procedures to be followed. ‘ Division 5—(omitted) ‘ Division 6—Polling booths ˙ ‘ Polling booths—general ‘ 319.(1) A place on or from which liquor may lawfully be sold cannot be used as a polling booth. ‘ (2) However, a civic or cultural centre, community hall or similar place under the Aboriginal council’s control, may be used as a polling booth if— (a) the floor area for taking the ballot is designated in the notice of the conduct of the poll under section 311 (Procedure if number of candidates exceeds number required); and (b) the council ensures that no liquor will be sold or supplied in that area during the taking of the ballot. ‘ (3) The returning officer— (a) may arrange for a polling booth within or outside the council’s area to be used in an election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could

s 3 31 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. ‘ (4) (omitted) ˙ ‘ Provision of ordinary polling booths ‘ 320.(1) For the purpose of taking a ballot in the election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote. ‘ (2) The returning officer may— (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer’s control. ‘ (3) If, after publication of the notice under section 311 (Procedure if number of candidates exceeds number required), the returning officer arranges for the use of an ordinary polling booth, the officer must give public notice— (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8 a.m. to 6 p.m. ‘ (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must give public notice of the cancellation. ‘ (5) Notice under subsection (3) or (4) must be given in the way that the returning officer considers is the best way to inform electors generally.

s 3 32 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Declaration of mobile polling booths ‘ 321.(1) If the returning officer is satisfied residents in an institution should be able to vote at the institution in a poll, the returning officer may arrange for the whole or a part of the institution to be available as a mobile polling booth to enable residents in the institution to vote there in the poll. ‘ (2) If the returning officer is satisfied a part of the Aboriginal council’s area does not have enough electors to justify the use of an ordinary polling booth in the part, the returning officer may arrange for the whole or part of any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll. ‘ (3) If the returning officer acts under subsection (1) or (2), the officer must fix the times, during the period starting 11 days before the polling day and ending at 6 p.m. on the polling day, when the mobile polling booth may be used for voting. ‘ (4) The returning officer must, by displaying a notice in a conspicuous position in the relevant part of the council’s area— (a) declare the whole or part of the relevant institution or place as a mobile polling booth for the election; and (b) specify the times at which votes may be cast at the booth. ‘ (5) The notice must be in the approved form. ‘ (6) The returning officer also must give written notice to the candidates for election of the declaration of the mobile polling booth and the times at which votes may be cast at the booth. ‘ (7) On the declaration of a mobile polling booth for an election, the electors resident in the relevant institution or the electors resident in the part of the council’s area in which the booth is situated, may vote in the election at the booth during the times specified for the booth in the notice displayed under subsection (4). ˙ ‘ Duty of person in charge of institution ‘ 322.(1) If the returning officer arranges for the whole or part of an institution to be used as an ordinary polling booth, the person in charge of the institution must allow electors and issuing officers to have access to the

s 3 33 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) booth whenever votes may be cast at the booth. ‘ (2) If the returning officer declares the whole or part of an institution as a mobile polling booth, the person in charge of the institution must allow residents in the institution and issuing officers to have access to the booth whenever votes may be cast at the booth. ˙ ‘ Privacy of voting ‘ 323. The returning officer must ensure that each polling booth is provided with enough voting compartments, or other adequate facilities, to allow the casting of votes in private. ‘ Division 7—Ballot boxes, papers and other documents ˙ ‘ Ballot boxes generally ‘ 324.(1) A ballot box used in a poll must be under the scrutiny and effective control of an issuing officer. ‘ (2) A ballot box must— (a) have an opening of a size sufficient to allow folded ballot papers and declaration envelopes to be put in the box; and (b) be open to inspection by issuing officers, candidates for election at the poll, and scrutineers properly appointed for the poll, before the box is locked or sealed for receipt of ballot papers. ˙ ‘ Requirements of ballot papers ‘ 325.(1) If a poll is to be conducted, the returning officer must arrange for the printing of all ballot papers to be used in taking the ballot in the poll. ‘ (2) A ballot paper must— (a) be in the approved form; and (b) be of material that, when folded, the vote cast by the elector on the paper is effectively concealed; and (c) be attached to a butt that—

s 3 34 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (i) is not part of the ballot paper; and (ii) is perforated to allow the ballot paper to be easily detached from the butt; and (iii) is numbered in regular arithmetical sequence, starting with the numeral 1 and proceeding by intervals of one whole numeral, so that each butt for the area of the Aboriginal council for which the poll is conducted has a unique number; and (d) show the name of each candidate for election as required by subsection (3); and (e) if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—must contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and (f) (omitted) ‘ (3) A ballot paper must— (a) contain the name of each candidate once only by showing first the surname followed by the given name or names; and (b) show the names of the candidates in the order decided under section 327 (Order of listing of candidates’ names). ‘ (4) A ballot paper must not contain anyone else’s name. ˙ ‘ Separate ballot papers for separate polls ‘ 326.(1) This section applies if a poll for the election of chairperson of the Aboriginalcouncil is to be conducted when a poll for election of another councillor of the Aboriginal council is conducted. ‘ (2) One ballot paper must be used in both polls, unless the council , by resolution, instructs the returning officer that separate ballot papers be printed for use in the polls. ‘ (3) The returning officer must comply with the instruction.

s 3 35 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Order of listing of candidates’ names ‘ 327.(1) The order in which names of candidates for election are to be listed on ballot papers and notices under section 311 (Procedure if number of candidates exceeds number required) is to be decided under this section. ‘ (2) The order must be decided by the returning officer as soon as practicable after noon on the nomination day. ‘ (3) The returning officer must, in the presence of 2 witnesses— (a) write the name of each candidate on a separate sheet of paper; and (b) ensure that each piece of paper is of the same kind, shape, size and colour; and (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and (e) after each piece of paper has been placed in an envelope, seal the envelope; and (f) put all the envelopes in a container and shuffle them; and (g) draw out the envelopes, 1 at a time; and (h) as each envelope is drawn out, open it and record the name of the candidate shown on the piece of paper in the envelope. ‘ (4) The order in which the names are recorded is the order in which the names are to appear on the ballot paper and notices under section 311 (Procedure if number of candidates exceeds number required). ‘ (5) The returning officer must allow each candidate, or the candidate’s representative, to be present when the order of candidates’ names is decided. ˙ ‘ Distribution of ballot papers ‘ 328.(1) The returning officer must ensure a sufficient number of ballot

s 3 36 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) papers is available at all polling booths. ‘ (2) The returning officer must prepare a delivery note in the approved form in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths. ‘ (3) The approved form must— (a) show details of the number of ballot papers supplied; and (b) show the range of numbers of the ballot papers; and (c) include a form of acknowledgment of receipt of the ballot papers. ‘ (4) Two copies of the delivery note must be included in the parcel of ballot papers. ‘ (5) As soon as practicable after a presiding officer receives a parcel of ballot papers, the presiding officer must— (a) check the contents against the details shown in the delivery note; and (b) complete the particulars prescribed by the delivery note; and (c) sign the form of acknowledgment included in the delivery note. ‘ (6) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by— (a) if another presiding officer is available—the other presiding officer; or (b) if another presiding officer is not available—a responsible person. ‘ (7) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgment and the form must be signed by the presiding officer and the person who made the countercheck. ‘ (8) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 363 (Preliminary counting by presiding officer).

s 3 37 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Correction of errors etc. ‘ 329. Any error, omission or delay in respect of any voters roll, ballot papers or other document to be used in a poll may be corrected by procedures directed by the Minister , by gazette notice. ‘ Division 8—Scrutineers ˙ ‘ Candidates’ entitlement to scrutineers ‘ 330. A candidate for election is entitled to have 1 scrutineer present for each issuing officer at a polling booth or at a place for examination of declaration envelopes or counting of votes— (a) before and at all times when electors may vote in the booth; and (b) at all times during the examination or counting. ˙ ‘ Appointment of scrutineers ‘ 331.(1) A candidate for election may, in the approved form, appoint adults as scrutineers for the candidate. ‘ (2) On appointment, a scrutineer must make a declaration in the approved form before the returning officer or a presiding officer. ˙ ‘ Proof of identification ‘ 332. A scrutineer must— (a) carry evidence of identification and of the person’s appointment as a scrutineer; and (b) on demand, produce the evidence to an issuing officer. ˙ ‘ Powers of scrutineers ‘ 333.(1) A scrutineer for a candidate for election is entitled to be present— (a) in a polling booth—before taking the ballot in the poll starts to

s 3 38 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) inspect ballot boxes; and (b) in a polling booth and any office of the presiding officer at the booth—when electors may vote in the booth; and (c) in a polling booth or other place—to watch the examination of declaration envelopes and counting of votes. ‘ (2) A scrutineer may— (a) object to an issuing officer’s decision on a person’s entitlement to vote at the election; and (b) object to the acceptance or rejection of a ballot paper by the returning or presiding officer; and (c) record details of persons who vote at the election at a polling booth and remove the record from the booth. ‘ Division 9—Voting generally ˙ ‘ Who may vote ‘ 334.(1) Only electors may vote in a ballot taken in a poll. ‘ (2) The returning officer must not vote in the election. ˙ ‘ When votes may be cast at an ordinary polling booth or mobile polling booth ‘ 335.(1) Voting at an ordinary polling booth must take place between 8 a.m. and 6 p.m. on polling day. ‘ (2) However, an elector who is in an ordinary polling booth at 6 p.m. on polling day, for the purpose of voting in the poll, must be allowed to vote. ‘ (3) Voting at a mobile polling booth must take place during the times fixed for the booth by the returning officer. ‘ (4) However, an elector who is in a mobile polling booth at the time of the close of voting at the booth, for the purpose of voting in the poll, must be allowed to vote.

s 3 39 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Procedure for voting at a polling booth ‘ 336.(1) Subject to section 338 (Arrangements for electors with disability) (words omitted) , an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section. ‘ (2) The elector must enter a polling booth for the Aboriginal council’s area during voting hours at the booth. ‘ (3) In the polling booth, the elector must give the elector’s full name and address to an issuing officer. ‘ (4) If the elector— (a) has a ballot paper and declaration envelope for the election; and (b) does not intend to cast a declaration vote; the elector must return the ballot paper and declaration envelope to the issuing officer. ‘ (5) The issuing officer must give a ballot paper to a person asking for it if the issuing officer is satisfied the person is entitled to vote at the election. ‘ (6) The issuing officer may ask a person questions to decide whether the person is entitled to vote at the election. ‘ (7) If, because of the answers to the questions— (a) the issuing officer is satisfied the person is an elector mentioned in section 344(a), (b) or (c) (Who must cast a declaration vote in ordinary elections); or (b) the issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election; the person may only cast a declaration vote. ‘ (8) The issuing officer must place a mark, in ink, on the officer’s copy of the voters roll against the name of each person given a ballot paper by the officer. ‘ (9) An issuing officer who gives a ballot paper to a person must, if asked by a scrutineer, keep a record of the objection by the scrutineer to the entitlement of the person to vote. ‘ (10) On being given the ballot paper, the elector must, without delay—

s 3 40 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (a) go alone into an unoccupied voting compartment in the polling booth; and (b) there, in private, mark a vote on the ballot paper in accordance with division 11 (Marking of ballot papers); and (c) fold the ballot paper, concealing the vote, and put it in the appropriate ballot box in the polling booth; and (d) leave the polling booth. ˙ ‘ Duties of issuing officer for returned papers ‘ 337.(1) An issuing officer must— (a) record in the approved form the giving of a ballot paper to a person who has returned a ballot paper and declaration envelope to the officer under section 336(4) (Procedure for voting at a polling booth); and (b) attach to the form all ballot papers and declaration envelopes returned to the officer; and (c) give the form and the attached documents to the presiding officer. ‘ (2) The presiding officer must set aside the form and attached documents in the officer’s custody for separate identification under section 363(1)(g)(ii) (Preliminary counting by presiding officer). ˙ ‘ Arrangements for electors with disability ‘ 338.(1) This section applies if an elector cannot enter a polling booth because of illness, disability or advanced pregnancy, but is able to come to a place (the “voting place” ) close to the polling booth. ‘ (2) The issuing officer may perform the issuing officer’s functions, and the elector may vote at the voting place, as if it were the polling booth. ‘ (3) However, the issuing officer must— (a) before taking any action under subsection (2), inform the scrutineers present of the proposed action; and (b) allow 1 scrutineer for each candidate to be present at the voting

s 3 41 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) place; and (c) ensure that after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put in an envelope or, if the vote is a declaration vote, a declaration envelope; and (d) seal the envelope; and (e) if— (i) the vote is a declaration vote—put the sealed declaration envelope in the appropriate ballot box inside the polling booth; or (ii) if the vote is not a declaration vote—open the envelope inside the polling booth in the presence of any scrutineers, ensuring the ballot paper remains folded, and put the folded ballot paper in the appropriate ballot box. ‘ (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 348 (How declaration vote may be cast at a polling booth) is complied with when the elector votes; or (b) for another vote—section 336 (Procedure for voting at a polling booth) is complied with when the elector votes. ‘ (5) Subsections (2) and (3) apply to all types of voting under this division. ˙ ‘ Arrangements for electors at institutions ‘ 339.(1) If a polling booth is an institution or part of an institution, an issuing officer may visit electors resident in the institution, or part of the institution, for the purpose of enabling them to vote. ‘ (2) Before taking action under subsection (1), the issuing officer must inform the scrutineers present of the proposed action. ‘ (3) When visiting an elector in an institution, the issuing officer must— (a) take to the elector—

s 3 42 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. ‘ (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 348 (How declaration vote may be cast at a polling booth) is complied with when the elector votes; or (b) for another vote—section 336 (Procedure for voting at a polling booth) is complied with when the elector votes. ˙ ‘ Arrangements for electoral visitor voting ‘ 340. (omitted) ˙ ‘ Help for electors in voting ‘ 341.(1) If an elector satisfies an issuing officer that the elector cannot vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, or be otherwise helped, by someone chosen by the elector. ‘ (2) The person may help the elector in any of the following ways— (a) if asked by the elector—stating the names of candidates; (b) acting as interpreter; (c) explaining the ballot paper and the requirements of division 11 (Marking of ballot papers) about its marking; (d) marking, or helping to mark, the ballot paper in the way the elector wishes; (e) folding the ballot paper and putting it into a ballot box or a declaration envelope; (f) sealing a declaration envelope or putting it into a ballot box.

s 3 43 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ (3) Subsections (1) and (2) apply to all types of voting. ‘ (4) This section applies despite any of the following provisions— • section 336(10) (Procedure for voting at a polling booth) • section 348 (How declaration vote may be cast at a polling booth) • section 351 (Casting a declaration vote by post). ˙ ‘ Adjournment of poll ‘ 342.(1) If the conduct of a poll is, or is likely to be, obstructed or interrupted from any cause, the returning officer may adjourn the conduct of the poll generally or at a particular polling booth. ‘ (2) If the conduct of a poll at a particular polling booth is, or is likely to be, obstructed or interrupted from any cause, the presiding officer at the booth may adjourn the conduct of the poll at the booth. ‘ (3) If a poll is adjourned under subsection (1) or (2), the returning officer must fix a day (not later than 34 days after the day on which the poll is adjourned) for conducting the adjourned poll. ‘ (4) The returning officer must give public notice of the day fixed— (a) by displaying a notice in a conspicuous position in the relevant part of the Aboriginal council’s area; and (b) in other ways the returning officer considers appropriate. ‘ Division 10—Declaration voting ˙ ‘ Who may cast a declaration vote ‘ 343. The following electors may cast a declaration vote— (a) an elector who, during ordinary voting hours on polling day, will not be within 8 km, by the nearest practicable route, from a polling booth; (b) an elector who, during ordinary voting hours on polling day, will be working or travelling under conditions that prevent voting at a

s 3 44 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) polling booth; (c) an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; (d) an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth; (e) an elector who, because of membership of a religious order or because of religious beliefs, will be prevented from voting at a polling booth for all, or most, of the ordinary voting hours on polling day; (f) an elector who, on polling day, will be serving a sentence of imprisonment, or under other detention; (g) an elector whose address has been omitted from a voters roll— (i) because of the Electoral Act 1992 , section 58; or (ii) under an arrangement under the ElectoralAct1992 , section 62 because of the Electoral Act 1918 (Cwlth), section 104. ˙ ‘ Who must cast a declaration vote in ordinary elections ‘ 344. In an election (words omitted) , the following persons must cast a declaration vote— (a) an elector whose name is not on the voters roll apparently because of an official error; (b) an elector who is not enrolled on the voters roll, but is entitled to be enrolled, because of the ElectoralAct1992 , section 64(1)(a)(ii); (c) an elector who appears, from a record apparently made in error, to have already voted in the election; (d) a person who is given a ballot paper and declaration envelope for voting because an issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election.

s 3 45 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Declaration voting for postal ballot elections ‘ 345. (omitted) ˙ ‘ How declaration vote is cast ‘ 346. Subject to section 336 (Procedure for voting at a polling booth), an elector who may or must make a declaration vote must cast the vote by— (a) if the elector cannot enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting at that place; or (b) going to a polling booth in the Aboriginal council’s area during voting hours at the booth and following the procedures set out in section 348 (How declaration vote may be cast at a polling booth); or (c) going to the council’soffice before polling day and following the procedures set out in section 352 (Declaration voting before polling day); or (d) if the elector is an elector mentioned in section 343 (Who may cast a declaration vote) (words omitted) —using the ballot paper and declaration envelope given to the elector by the returning officer, and following the procedures set out in section 351 (Casting a declaration vote by post). ˙ ‘ Distribution of ballot papers to electors who may or must cast declaration vote ‘ 347.(1) An elector mentioned in section 343 (Who may cast a declaration vote) may apply to the returning officer, or a presiding officer for the election, for a ballot paper and a declaration envelope. ‘ (2) The application must be in the approved form. ‘ (3) The returning officer or presiding officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant if—

s 3 46 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) (a) the application is received by the officer not later than 6 p.m. on the Thursday before polling day; and (b) the officer is satisfied the applicant is entitled to vote and make the application. ‘ (4) If the returning officer or presiding officer is satisfied the applicant is an elector mentioned in section 344 (Who must cast a declaration vote in ordinary elections), the officer— (a) must not give a ballot paper to the applicant; but (b) must give to the applicant an approved declaration form. ‘ (5) If the returning officer or presiding officer is satisfied the applicant has properly completed the declaration form, the officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant. ‘ (6) The things given to an applicant under subsection (3) or (5) must be accompanied by an unsealed stamped or postage paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper— (words omitted) ( insert name of Aboriginal council’s area)’. ‘ (7) The returning officer may give things to be given to an applicant under subsection (3) or (5) by posting the things to the applicant’s address stated in the voters roll, an electoral roll mentioned in the Electoral Act1992 , section 58(5), 4 the application or the declaration form. Example of addresses— An applicant’s address could be stated as a residential address, post office box number, mail service number or in another appropriate way. ‘ (8) If things mentioned in subsection (6) are posted to an address outside Australia, the envelope mentioned in subsection (6) need not be stamped or postage paid. 4 An electoral roll mentioned in the Electoral Act 1992 , section 58(5) may be in a form other than a printed form .

s 3 47 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ How declaration vote may be cast at a polling booth ‘ 348.(1) An elector who must cast a declaration vote (words omitted) may cast the vote by— (a) entering a polling booth in the Aboriginal council’s area during voting hours at the booth; and (b) completing the declaration form given to the elector by an issuing officer. ‘ (2) If the issuing officer is satisfied the elector has properly completed the declaration form, the officer must give a ballot paper and the approved declaration envelope to the elector. ‘ (3) On being given the ballot paper and the declaration envelope, the elector must, without delay— (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and (b) go alone into an unoccupied voting compartment in the polling booth; and (c) there, in private, mark a vote on the ballot paper in accordance with division 11 (Marking of ballot papers); and (d) fold the ballot paper, put it in the envelope and seal the envelope; and (e) put the sealed envelope in the appropriate ballot box in the polling booth; and (f) leave the polling booth. ˙ ‘ Distribution of ballot papers to electors for postal ballot election ‘ 349. (omitted) ˙ ‘ Record of ballot papers given to postal voters ‘ 350. The issuing officer who gives a ballot paper and declaration envelope under section 347 (Distribution of ballot papers to electors who

s 3 48 s 3 Community Services Legislation Amendment No. 274, 1998 (No. 1) may or must cast declaration vote) (words omitted) must— (a) keep a record of the ballot paper and envelope given; and (b) sign the record. ˙ ‘ Casting a declaration vote by post ‘ 351.(1) An elector who has received a ballot paper and declaration envelope under section 347 (Distribution of ballot papers to electors who may or must cast declaration vote) (words omitted) must, before 6 p.m. on polling day— (a) sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness; and (b) in private, mark a vote on the ballot paper in accordance with division 11 (Marking of ballot papers); and (c) fold the ballot paper, put it in the declaration envelope and seal the envelope; and (d) put the sealed declaration envelope containing the ballot paper in the prepaid post envelope mentioned in section 347(6) (words omitted) and post or give the envelope to the returning officer for the election. ‘ (2) On receipt of the sealed envelope, the returning officer must put it in the appropriate ballot box. ˙ ‘ Declaration voting before polling day ‘ 352.(1) The returning officer must declare at least 1 of the following places as a polling booth to enable electors entitled to cast a declaration vote under section 343 (Who may cast a declaration vote) to cast a vote at the election before polling day— (a) the Aboriginal council’s office, or a part of the office ; or (b) (omitted) (c) another convenient place in the Aboriginal council’s area. ‘ (2) An elector mentioned in subsection (1) may, at any time during the

s 5 120 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) under section 347(4) 23 (words omitted), and the declaration on the envelope is witnessed by a person other than an issuing officer—the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 347 (words omitted) ; and (iii) if the declaration envelope is posted to the returning officer—it must be received by the returning officer within 10 days after polling day. ‘ (3) A ballot paper must not be rejected merely because it indicates the elector’s intention to vote for a number of candidates greater than the number to be elected. ˙ ‘ Posted vote presumed valid until contrary proved ‘ 359. If a declaration envelope and ballot paper to which section 351 (Casting a declaration vote by post) applies is received by a returning officer by post, it must be presumed the provisions of section 351(1) have been complied with in relation to the declaration on the envelope until the contrary is proved. ˙ ‘ Formal and informal ballot papers ‘ 360.(1) A ballot paper that has effect to record a vote is a formal ballot paper. ‘ (2) A ballot paper that has no effect to record a vote is an informal ballot paper. ˙ ‘ Ballot paper partly formal and partly informal ‘ 361.(1) This section applies if— (a) an election for chairperson and an election for the other councillors of the Island council are held at the same time and 1 ballot paper is used for both elections; and 23 Section 347 (Distribution of ballot papers to electors who may or must cast declaration vote)

s 5 121 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (b) the ballot paper, as completed for an election, is informal but, as completed for the other election, is formal. ‘ (2) The informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 14 (Counting of votes). ‘ Division 14—Counting of votes ˙ ‘ Votes to be counted in accordance with this division ‘ 362. Votes cast in an election are to be counted as required by this division. ˙ ‘ Preliminary counting by presiding officer ‘ 363.(1) As soon as practicable after the end of ordinary voting hours on polling day, the presiding officer for a polling booth, at a place nominated by the presiding officer, in the presence of another issuing officer and any candidates and scrutineers who wish to attend, must— (a) open all ballot boxes used at the polling booth; and (b) identify, and keep in a separate parcel, all declaration votes; and (c) examine all ballot papers that are not in declaration envelopes, and— (i) identify, and keep in a separate parcel, all informal ballot papers; and (ii) (words omitted) count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and (iii) (omitted) (d) prepare a written statement in duplicate in the approved form that— (i) sets out, in words and numerals, the number of votes for each candidate (words omitted) ; and

s 5 122 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (ii) sets out the number of declaration envelopes and informal ballot papers; and (iii) is signed by the presiding officer, and the issuing officer and any scrutineers who are present and wish to sign; and (e) seal up in separate parcels all formal and informal ballot papers, declaration envelopes and unused ballot papers; and (f) endorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement; and (g) put into separate parcels— (i) the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under paragraph (d); and (ii) all ballot papers or remains of ballot papers set aside, under section 337(2) (Duties of issuing officer for returned papers) or 356(2)(e) or (4)(d) (Use of replacement ballot papers), for separate identification; and endorse on each parcel a description of its contents; and (h) endorse on each parcel— (i) the name of the area of the Island council for which the election was held; and (ii) the name of the polling booth from which the parcel has come; and (i) sign each endorsement. ‘ (2) The presiding officer must then, if the officer is not the returning officer, give to the returning officer, or to a person nominated by the returning officer, as soon as practicable— (a) the parcels mentioned in subsection (1); and (b) the copy of the statement prepared under subsection (1)(d) (other than the copy mentioned in subsection (1)(g)); and (c) a reconciliation statement in the approved form for all ballot papers given out at the presiding officer’s polling booth and all

s 5 123 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) votes put in ballot boxes at the booth. ‘ (3) The returning officer or other person who receives things from the presiding officer under subsection (2) must give to the presiding officer a receipt for the things. ‘ (4) The presiding officer may do anything required under subsection (1) or (2) through an issuing officer authorised by the presiding officer for that purpose. Example for subsection (4)— An issuing officer could be authorised to sort and bundle ballot papers and prepare a reconciliation statement for the presiding officer. ˙ ‘ Preliminary processing of declaration votes by returning officer ‘ 364.(1) After 8 a.m. on polling day, the returning officer may open all ballot boxes containing only declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. ‘ (2) As soon as practicable after 6 p.m. on polling day, the returning officer may open all other ballot boxes containing declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. ‘ (3) As soon as practicable after receipt by the returning officer of a parcel of declaration votes from a polling booth, the returning officer may open the parcel and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. ˙ ‘ Procedure for processing declaration envelopes ‘ 365.(1) The returning officer must inform all candidates for election of the times when, and the places where, declaration envelopes will be examined by the returning officer and allow them, or their scrutineers, to attend at the processing of declaration votes. ‘ (2) On examining the declaration envelopes, if the returning officer is satisfied the declaration has been properly completed, the envelope is sealed and the declarant on the envelope is entitled to cast a declaration vote, the

s 5 124 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) returning officer must— (a) detach the elector’s declaration from the envelope; and (b) either— (i) place a mark in ink against the declarant’s name on the voters roll; or (ii) if the voters roll is kept in an electronic form—record in a way approved by the returning officer that the declarant has voted; and (c) place the envelope containing the ballot paper (the “accepted envelope” ) in a locked or sealed ballot box; and (d) keep the accepted envelope in the ballot box until dealt with under subsection (3) or section 366. 24 ‘ (3) The returning officer may take the accepted envelopes from the locked or sealed ballot box and remove the ballot papers from the envelopes, without unfolding them, or allowing anyone else to unfold them, and keep them in a locked or sealed ballot box until dealt with under section 366. ‘ (4) The returning officer must— (a) put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 364(2) (Preliminary processing of declaration votes by returning officer) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and (b) keep them there until they are dealt with in the official counting of votes. ‘ (5) If a declaration envelope is rejected, the returning officer must set it aside in the officer’s custody for separate identification. ‘ (6) The returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification, all rejected declaration envelopes, accepted envelopes from which ballot papers have been removed 24 Section 366 (Official counting of votes)

s 5 125 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) and electors’ declarations that have been removed from declaration envelopes. ˙ ‘ Official counting of votes ‘ 366.(1) As soon as practicable after close of the poll in an election, the returning officer must follow the procedures set out in this section, in the presence of candidates for election, or scrutineers, who wish to attend. ‘ (2) First, the returning officer must ascertain from the presiding officers’ statements under section 363(2) (Preliminary counting by presiding officer)— (a) ( words omitted ) the number of votes cast for each candidate; or (b) (omitted) ‘ (3) Second, the returning officer must— (a) open all sealed parcels of ballot papers given to the returning officer under section 363(2); and (b) examine all ballot papers that are not in declaration envelopes and— (i) (words omitted) count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or (ii) (omitted) ‘ (4) Third, the returning officer must— (a) open all other ballot boxes on hand; and (b) open all accepted envelopes mentioned in section 365(2)(d) 25 that have not yet been opened and remove the ballot papers; and (c) identify, and keep in a separate parcel, all informal ballot papers; and (d) examine all formal ballot papers and— (i) (words omitted) count the number of votes cast for each 25 Section 365 (Procedure for processing declaration envelopes)

s 5 126 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) candidate on the ballot papers, and keep the ballot papers in a separate parcel; or (ii) (omitted) ‘ (5) Fourth, the returning officer must add together— (a) ( words omitted) the number counted under subsections (3)(b)(i) and (4)(d)(i); or (b) (omitted) ‘ (6) Fifth, the returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 351 (Casting a declaration vote by post) after close of the poll. ˙ ‘ Treatment of ballot paper to which objection is made ‘ 367.(1) If, while a presiding officer or returning officer is complying with section 363 (Preliminary counting by presiding officer) or 366 (Official counting of votes), a candidate or scrutineer objects to treatment of a ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal. ‘ (2) If, while a presiding officer or returning officer, is complying with section 363 or 366, a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted. ˙ ‘ Counting of votes for optional-preferential system ‘ 368. (omitted) ˙ ‘ Counting of votes for first-past-the-post system ‘ 369.(1) (omitted) ‘ (2) If the election is for chairperson of the Island council , the candidate who receives the greatest number of votes is elected. ‘ (3) If the election is for councillors (other than the chairperson ) of the

s 5 127 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) Island council — (a) if 1 person only is to be elected—the candidate who receives the greatest number of votes is elected; and (b) if 2 or more persons are to be elected—the candidates elected are— (i) the candidate who receives the greatest number of votes; and (ii) the candidate who receives the next highest number of votes; and (iii) the candidate who receives the next highest number of votes; and so on, up to the number of persons to be elected. ‘ (4) If 2 or more candidates receive the same number of votes so that subsection (2) or (3)(a) or (b) cannot be applied, the returning officer must decide, by way of a casting vote, which candidate is elected. ‘ (5) In casting a vote under subsection (4), the returning officer need not complete a ballot paper. ‘ (6) Subsection (4) has effect despite section 334 (Who may vote). ˙ ‘ Returning officer’s duty after counting votes ‘ 370.(1) When the result of the poll for the election is known, the returning officer must— (a) seal up all of the formal ballot papers, informal ballot papers, rejected declaration envelopes, accepted envelopes from which ballot papers have been removed, electors’ declarations that have been removed from declaration envelopes, defaced ballot papers, remains of destroyed ballot papers, unused ballot papers, books and papers (other than the voters roll) of each presiding officer used in the poll; and (b) endorse on each parcel a description of its contents and sign the endorsement; and (c) allow any scrutineers, who wish to do so, to countersign the endorsement.

s 5 128 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ (2) The returning officer must then— (a) examine the voters rolls used in the election and marked by issuing officers to ascertain whether any elector has voted more than once; and (b) make a list in the approved form of the names and numbers on the voters roll of all electors who appear to have voted more than once in the election, enclose the original of the list with the voters rolls in a sealed up parcel, and give a copy of the list to each person who was a candidate in the election. ‘ Division 15—Actions following poll ˙ ‘ Declaration of poll ‘ 371.(1) As soon as practicable after the result of a poll for the election is known, the returning officer must, by notice in the approved form, declare— (a) the result of the poll; and (b) the names of each candidate who has been elected. ‘ (2) The returning officer must— (a) display the notice in a conspicuous place in the Island council’s office; and (b) (omitted) ‘ (3) The returning officer must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election. ˙ ‘ Notice of final result of poll ‘ 372.(1) The returning officer must give notice of the final result of the poll to each candidate as soon as practicable after— (a) all ballot papers used in the poll have been examined; and

s 5 129 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (b) all votes cast in the poll on ballot papers that appear to be formal have been counted. ‘ (2) The notice must be in the approved form. ˙ ‘ Resolution about electors who fail to vote ‘ 373. As soon as practicable after the conclusion of the election, the Island council must make a resolution deciding whether to take action under section 375 26 about electors who failed to vote in the election. ˙ ‘ List of electors failing to vote ‘ 374.(1) This section applies only if the Island council makes a resolution under section 373 27 deciding to take action under section 375 about electors who failed to vote in the election. ‘ (2) The returning officer must make a list of the names and addresses, and the numbers shown on the voters roll, of all electors who— (a) have not been issued with ballot papers for the election; or (b) in the case of electors mentioned in section 343 (Who may cast a declaration vote) (words omitted) —have not given their ballot papers to the returning officer. ‘ (3) The returning officer must— (a) certify the list by declaration in the approved form; and (b) deposit the list with the Island council . ‘ (4) The list is to be held in the Island council’s office, in the clerk’s custody. ˙ ‘ Notice of failure to vote etc. ‘ 375.(1) Subject to subsection (2), the Island council — 26 Section 375 (Notice of failure to vote etc.) 27 Section 373 (Resolution about electors who fail to vote)

s 5 130 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (a) must, as soon as practicable after a resolution by the council to take action under this section, send a notice in the approved form to each elector shown on the list deposited under section 374 28 at the elector’s address shown on the list; and (b) must record on the list, against the elector’s name, the fact that the notice has been given. ‘ (2) The notice must— (a) show the elector’s full name and address and number on the voters roll; and (b) state that— (i) the elector appears to have failed to vote at the election; and (ii) it is an offence to fail, without a valid and sufficient reason, to vote at an election; and (iii) the elector may, if the elector considers the elector has committed the offence, pay one-half of a penalty unit (the “penalty” ) to the council by a specified day, not earlier than 21 days after the elector receives the notice (the “appropriate day” ), and, if the council receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and (c) require the elector— (i) if the elector intends paying the penalty by the appropriate day—to sign the approved form about payment of the penalty included in or with the notice and post or give the form, together with the amount of the penalty, to the council so it is received by the appropriate day; or (ii) if the elector does not intend paying the penalty by the appropriate day—to state, in the approved form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote and to sign the form and post or give it to the council so it is received by the appropriate day. 28 Section 374 (List of electors failing to vote)

s 5 131 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ (3) The elector must comply with the requirements of the notice. ‘ (4) If— (a) the elector is absent, or unable, because of physical incapacity, to comply with the requirements of the notice; and (b) another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed; the first elector is taken to have complied with the notice’s requirements. ˙ ‘ Payments for failure to vote ‘ 376.(1) If the Island council sends an elector a notice under section 375(1) for an election and payment is made to the council under section 375(2) to (4), the council must— (a) accept the payment; and (b) give the person a receipt for the payment; and (c) not take any proceeding against the elector for failing to vote at the election. ‘ (2) In this section— “proceeding” includes serving an infringement notice. ˙ ‘ Recording response to notice ‘ 377. The Island council must record against the name of an elector who is given a notice under section 375 (Notice of failure to vote etc. ) on the list made under section 374 (List of electors failing to vote) whether the elector— (a) has complied with the requirements of the notice under section 375(2)(c); and (b) had a valid and sufficient reason for failing to vote at the election.

s 5 132 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Evidentiary value of list under s 374 ‘ 378. In a proceeding, a document purporting to be a list, or a copy of or extract from a list, made under section 374 (List of electors failing to vote), and to be certified by the Island council’s clerk is evidence of the matters contained in the document. ˙ ‘ Disposal of material resulting from election ‘ 379.(1) As soon as practicable after giving notice of the final result of the poll to candidates, the returning officer must— (a) destroy all unused ballot papers; and (b) seal up in packets all other parcels sealed up under section 370 (Returning officer’s duty after counting votes); and (c) endorse on each packet— (i) a description of its contents; and (ii) the name of the area of the Island council for which the election was held; and (iii) the polling day; and sign the endorsement; and (d) if the returning officer is not the council’sclerk —give each packet to the clerk. ‘ (2) The clerk must keep the packets in safe custody for 1 year. ‘ (3) At the end of the year, the clerk must— (a) destroy all ballot papers contained in the packets; and (b) dispose of the other contents of the packets in the way the clerk considers appropriate. ‘ (4) Each councillor of the Island council may attend during the destruction of ballot papers by, or at the direction of, its clerk to ensure the papers are destroyed.

s 5 133 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Ballot papers as evidence ‘ 380. In a proceeding, a ballot paper apparently used at an election and identified by evidence as 1 of the ballot papers given to, or held by, the Island council’s clerk under section 379 (Disposal of material resulting from election) is evidence of the vote or votes cast in the election as recorded on the ballot paper. ˙ ‘ Notice to electors whose ballot papers are not accepted ‘ 381.(1) Subsection (2) applies if— (a) in an election, a person makes a declaration vote under section 344(a); 29 and (b) the person’s ballot paper is not accepted for counting under section 365 30 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a declaration vote in the election. ‘ (2) As soon as practicable after an election, the Island council must send a notice in the approved form to the person advising the person why the ballot paper was not accepted for counting. ˙ ‘ Notice to electoral commission of certain declaration votes ‘ 382. As soon as practicable after the election, the returning officer must give to the electoral commission notice of the names and addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992 . 29 Section 344 (Who must cast a declaration vote in ordinary elections) 30 Section 365 (Procedure for processing declaration envelopes)

s 5 134 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ Division 16—Enforcement ‘ Subdivision 1—Offences in general ˙ ‘ False or misleading statements ‘ 383.(1) A person must not— (a) state something under this schedule that the person knows is false or misleading in a material particular; or (b) omit from a statement made under this schedule anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty— 4 penalty units . ‘ (2) A complaint against a person for a contravention of subsection (1) is sufficient if it states that the statement was false or misleading to the person’s knowledge. ˙ ‘ False, misleading or incomplete electoral documents ‘ 384. A person must not give a document under this schedule containing information that the person knows is false, misleading or incomplete in a material particular without— (a) indicating that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (b) giving the correct information if the person has, or can reasonably obtain, the correct information. Maximum penalty— 4 penalty units . ˙ ‘ Bribery ‘ 385.(1) In this section— “election conduct” , of a person, means—

s 5 135 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (a) the way in which the person votes at an election; or (b) the person’s nominating as a candidate for an election; or (c) (omitted) ‘ (2) A person must not— (a) ask for or receive; or (b) offer, or agree, to ask for or receive; property or a benefit of any kind (whether for the person or someone else) on the understanding that the person’s election conduct will be influenced or affected. ‘ (3) A person must not, in order to influence or affect another person’s election conduct, give, or promise or offer to give, property or a benefit of any kind to anyone else. Maximum penalty— 4 penalty units . ˙ ‘ Providing money for illegal payments ‘ 386. A person must not knowingly give money for— (a) any payment that is contrary to law relating to elections; or (b) replacing any money that has been spent in making a payment mentioned in paragraph (a). Maximum penalty— 4 penalty units . ˙ ‘ Improperly influencing electoral officers ‘ 387. A person must not improperly influence an electoral officer in the performance of the officer’s duties under this regulation . Maximum penalty— 4 penalty units . ˙ ‘ Interfering with election right or duty ‘ 388. A person must not hinder or interfere with the free exercise or performance, by another person, of another right or duty under this

s 5 136 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) regulation that relates to an election. Maximum penalty— 4 penalty units . ˙ ‘ Forging or uttering electoral papers ‘ 389.(1) A person must not— (a) forge an electoral paper; or (b) utter a forged electoral paper knowing it to be forged. Maximum penalty— 4 penalty units . ‘ (2) A person must not make someone else’s signature on an electoral paper. Maximum penalty— 4 penalty units . ˙ ‘ Wilful neglect etc. of electoral officers ‘ 390. An electoral officer must not wilfully neglect or fail to perform a duty under this regulation . Maximum penalty— 4 penalty units . ˙ ‘ No record to be made of vote cast ‘ 391. An electoral officer, or scrutineer, must not make a mark, memorandum or note on a voters roll or other list of voters or otherwise— (a) that indicates for whom a person has cast a vote; or (b) that would enable the officer or scrutineer to know or remember for whom a person has cast a vote. Maximum penalty— 4 penalty units .

s 5 137 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ Subdivision 2—Offences about electoral advertising and information ˙ ‘ Responsibility for election matter ‘ 392.(1) A person must not, during the election period for an election— (a) print, publish, distribute or broadcast; or (b) permit or authorise someone else to print, publish, distribute or broadcast; any advertisement, handbill, pamphlet or notice containing election matter unless there appears, or is stated, at its end the particulars required by subsection (2). Maximum penalty— 4 penalty units . ‘ (2) The particulars are— (a) in any case—the name and address (other than a post office box or facility) of the person who authorised the advertisement, handbill, pamphlet or notice; and (b) for an advertisement or notice printed except in a newspaper—the name and place of business of the printer. ‘ (3) Subsection (1) does not apply to an advertisement that— (a) is printed, published or distributed on a car sticker, T-shirt, lapel badge, pen, pencil or balloon; or (b) (omitted) ˙ ‘ Headline to electoral advertisements ‘ 393. The proprietor of a newspaper commits an offence if— (a) an article, or a paragraph, containing matter about an election is printed in the newspaper; and (b) either— (i) the insertion of the article or paragraph is, or is to be, paid for; or (ii) any reward or compensation, or promise of reward or

s 5 138 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) compensation, is, or is to be, made for the insertion of the article or paragraph; and (c) the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer. Maximum penalty— 4 penalty units . ˙ ‘ Misleading voters ‘ 394.(1) During an election period, a person must not print, publish, distribute or broadcast anything that is intended or likely to mislead an elector about the way of voting at the election. ‘ (2) A person must not, for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact about the personal character or conduct of the candidate. ‘ (3) During an election period, a person must not print, publish, distribute or broadcast by television anything that purports to be a representation of a ballot paper for use in the election, if it is likely to induce an elector to vote other than in accordance with this part. Maximum penalty— 4 penalty units . ‘ Subdivision 3—Offences about voting ˙ ‘ Failure to vote ‘ 395.(1) An elector must not— (a) fail to vote at an election without valid and sufficient reason; or (b) fail to comply with the requirements of a notice given to the elector under section 375 (Notice of failure to vote etc.); or (c) purport to comply with the requirements of a notice given to the elector under section 375, make a statement the elector knows to be false or misleading in a material particular. Maximum penalty—1 penalty unit.

s 5 139 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ‘ (2) An elector’s belief that it is part of the elector’s religious duty not to vote at elections is valid and sufficient reason for the elector’s failure to vote in a particular election. ‘ (3) A complaint against a person for a contravention of subsection (1)(c) is sufficient if it states that the statement was false or misleading to the person’s knowledge. ˙ ‘ Leave to vote ‘ 396.(1) This section applies if— (a) an employee who is an elector asks his or her employer, before polling day for an election, for leave of absence to vote at the election; and (b) the absence is necessary to enable the employee to vote at the election. ‘ (2) The employer must allow the employee leave of absence for a reasonable period (not more than 2 hours) to enable the employee to vote at the election, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned. ‘ (3) The employer must not impose any penalty or disproportionate deduction of pay for the leave of absence. ‘ (4) An employee must not ask for leave of absence under subsection (1) to vote at an election unless the employee genuinely intends to vote at the election. Maximum penalty— 4 penalty units . ˙ ‘ Canvassing in or near polling booths ‘ 397.(1) During an election period, a person must not do any of the things mentioned in subsection (2)— (a) inside a polling booth; or (b) within 6 m of an entrance to a building if— (i) the building is, or is part of, a polling booth; and

s 5 140 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (ii) either a ballot box is in the building for use in the election, or a person is in the building for the purpose of casting a vote in the election. ‘ (2) The things are— (a) canvassing for votes; or (b) inducing an elector not to— (i) vote in a particular way; or (ii) vote at all in the election; or (c) loitering; or (d) obstructing the free passage of a person seeking to vote. Maximum penalty— 4 penalty units . ˙ ‘ Interrupting voting etc. ‘ 398. A person must not— (a) enter or remain in a polling booth other than under this regulation ; or (b) wilfully interrupt, obstruct or disturb any proceeding at an election; or (c) enter a voting compartment other than under this regulation ; or (d) prevent a scrutineer from entering or leaving a polling place— (i) during voting hours for the polling place; or (ii) while votes are being counted at the polling place; or (e) obstruct or wilfully mislead an electoral officer in the performance of a duty. Maximum penalty— 4 penalty units . ˙ ‘ Influencing voting ‘ 399. A person must not, by violence or intimidation, influence a

s 5 141 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) person’s vote at an election. Maximum penalty— 4 penalty units . ˙ ‘ Party badges not to be worn in polling booths ‘ 400. (omitted) ˙ ‘ Voting if not entitled ‘ 401. A person must not, at an election— (a) vote in someone else’s name (including a dead or fictitious person); or (b) vote more than once; or (c) cast a vote that the person knows the person is not entitled to cast; or (d) if the person knows someone else is not entitled to vote at the election, procure the other person to vote. Maximum penalty— 4 penalty units . ˙ ‘ Offences relating to ballot papers ‘ 402.(1) A person must not— (a) wilfully fail to comply with section 336 (Procedure for voting at a polling booth) or 351 (Casting a declaration vote by post); or (b) take a ballot paper out of a polling booth other than under this part; or (c) place in a ballot box a ballot paper that has not been— (i) given to an elector under this part; or (ii) marked by the elector. ‘ (2) A person must not, without lawful excuse, obtain possession of or have in the person’s possession— (a) a ballot paper that has been marked by anyone else; or

s 5 142 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) (b) a declaration form or envelope that has been signed by anyone else. Maximum penalty— 4 penalty units . ˙ ‘ Failure to deliver or post documents for someone else ‘ 403.(1) If a person is given, for delivery or posting to the returning officer— (a) an application by someone else to be treated as a declaration voter; or (b) a declaration form that appears to be completed; the person must promptly deliver or post it to the returning officer. ‘ (2) If a person is given, for delivery or posting to the returning officer, a declaration envelope that appears to be completed, the person must give or post it to the returning officer before 6 p.m. on polling day. Maximum penalty— 4 penalty units. ˙ ‘ Breach of confidentiality of vote ‘ 404.(1) A person must not examine a ballot paper used in the election to ascertain the candidates for whom an elector has voted. ‘ (2) Subsection (1) does not apply to a proceeding in a court or a person in the performance of functions under this regulation . ‘ (3) If, in performing a function for an election, a person has ascertained the candidates for whom an elector has cast a vote, the person must not disclose, or assist in disclosing, that fact, unless the person is required by law to make the disclosure. Maximum penalty— 4 penalty units . ˙ ‘ Breaking seals on parcels ‘ 405. A person must not wilfully open or break the seal of a parcel or packet sealed under this part unless the person is authorised under this

s 5 143 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) regulation or ordered by a court to open or break the seal. Maximum penalty— 4 penalty units . ˙ ‘ Duty of witness to signing of declaration voting papers ‘ 406. A person (the “witness” ) must not sign a declaration envelope as witness under section 351 (Casting a declaration vote by post) unless— (a) the witness is satisfied of the identity of the elector who signs the declaration before the witness; and (b) the witness has seen the elector sign the declaration; and (c) either— (i) the witness knows that the declaration made by the elector is true; or (ii) the witness is satisfied that the declaration is true because of inquiries of the elector or otherwise. Maximum penalty— 4 penalty units . ‘ Subdivision 4—(omitted) ‘ PART 7—FRESH ELECTIONS ˙ ‘ Requirements for fresh election ‘ 408. (omitted) 31 ˙ ‘ Time for fresh election ‘ 409. (omitted) 31 31 See Community Services (Torres Strait) Act 1984 , section 22 (Order for fresh election) which provides that, if the Governor in Council has dissolved an Island council, the Governor in Council may order that a fresh election for the council be held.

s 5 144 s 5 Community Services Legislation Amendment No. 274, 1998 (No. 1) ˙ ‘ Returning officer for fresh election ‘ 410. The returning officer for a fresh election of councillors of an Island council is the council’s clerk or, if there is no clerk , a person appointed by the Minister. ˙ ‘ Voters roll for fresh election ‘ 411. A voters roll for a fresh election must be compiled under the order in council directing the holding of the fresh election. ˙ ‘ Other provisions of schedule apply ‘ 412. The provisions of this schedule (other than this part) apply, with all necessary changes (words omitted) to a fresh election as if the election were a triennial election. ˙ ‘ Extension of term of councillors ‘ 413. (omitted) ‘ PART 8— (omitted) ’. ENDNOTES 1. Made by the Governor in Council on 8 October 1998. 2. Notified in the gazette on 9 October 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Equity and Fair Trading. © State of Queensland 1998