Community Services (Torres Strait) Regulation 1998 (QLD)
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Queensland Community Services (Torres Strait) Act 1984 Community Services (Torres Strait) Regulation 1998 Reprinted as in force on 14 December 2007 Reprint No. 4 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2007 Act No. 59 s 150
Information about this reprint This regulation is reprinted as at 14 December 2007. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Community Services (Torres Strait) Regulation 1998 Contents Part 1 1 2 Part 2 Division 1 4 4A 5 6 7 8 9 Division 2 10 11 Division 3 12 13 14 15 Part 3 Division 1 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Island councils Membership Membership of Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Saibai Island council to have 7 councillors . . . . . . . . . . . . . . . . . . 12 Proposal to decide other number of councillors . . . . . . . . . . . . . . 12 Resolution of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Petition by electors of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Minister to make decision about resolution or petition . . . . . . . . . 14 Change in membership takes effect at next quadrennial election 14 Qualifications and disqualifications for membership of Island council Qualifications for councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Disqualification of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Term of office and vacancies in office Term of office as appointed councillor . . . . . . . . . . . . . . . . . . . . . 17 When councillor’s office becomes vacant. . . . . . . . . . . . . . . . . . . 17 Filling of earlier vacancies by by-election . . . . . . . . . . . . . . . . . . . 18 Filling of later vacancies by appointment . . . . . . . . . . . . . . . . . . . 18 Chairperson of Island council Appointment of chairperson and related matters Membership of Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Duration of appointment of chairperson . . . . . . . . . . . . . . . . . . . . 19 Vacating office of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2 Community Services (Torres Strait) Regulation 1998 19 Division 2 20 21 22 23 24 25 Part 4 26 Part 5 Division 1 27 28 29 Division 2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Part 6 Division 1 44 45 46 47 48 Office of chairperson may be declared vacant . . . . . . . . . . . . . . . Direct election of chairperson Process for direct election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposal for direct election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition by electors of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister to make decision about resolution or petition . . . . . . . . . Direct election of chairperson takes effect at next election . . . . . Elections for Island councils Election of councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island council meetings Post-election meetings Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . Clerk to preside at post-election meetings . . . . . . . . . . . . . . . . . . Meetings generally Other meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . Minutes to be kept and confirmed . . . . . . . . . . . . . . . . . . . . . . . . Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . Meetings may be closed for limited reasons . . . . . . . . . . . . . . . . Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notice of resolution authorising remuneration . . . . . . . . . . Inspection of minutes of meetings and their purchase . . . . . . . . . Financial administration Financial management of Island councils Community funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General fund of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . Trust fund of Island council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration and financial procedures manual . . . . . . . . . . . . . Financial information to be presented to post-election meeting . . 20 20 20 21 21 22 22 23 23 23 24 24 24 24 24 25 25 25 26 27 27 27 28 28 29 30 30 31 31 32
3 Community Services (Torres Strait) Regulation 1998 49 Division 2 50 Part 7 51 52 53 Part 8 54 55 56 57 Part 9 Division 1 58 59 60 61 Division 2 62 63 64 Part 10 64A Part 10A 64B 64C Part 11 65 65A 65B 65C 65D Part 12 66 Approved forms for annual financial statements. . . . . . . . . . . . . . Register of councillor’s pecuniary interests Register of pecuniary interest disclosures . . . . . . . . . . . . . . . . . . Clerk of Island council Employment of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island Courts Procedures and enforcement of decisions of Island Courts. . . . . Jurisdiction of court includes power to make fine option order. . . Clerk of Island Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record of court proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island Coordinating Council Chairperson and deputy chairperson of Island Coordinating Council Appointment of chairperson and deputy chairperson. . . . . . . . . . Vacating office of chairperson or deputy chairperson . . . . . . . . . Office of chairperson or deputy chairperson may be declared vacant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum for meetings of executive committee . . . . . . . . . . . . . . . Financial administration of Island Coordinating Council Community funds of Island Coordinating Council . . . . . . . . . . . . General fund of Island Coordinating Council . . . . . . . . . . . . . . . . Trust fund of Island Coordinating Council. . . . . . . . . . . . . . . . . . . Island council areas Declaration of council areas—Act, s 14 . . . . . . . . . . . . . . . . . . . . Community justice groups Establishment of community justice groups—Act, s 84(1) . . . . . . Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of financial controller—Mer Island council. . . . . . . . Appointment of financial controller—Badu Island council . . . . . . Appointment of financial controller—Saibai Island council. . . . . . Appointment of financial controllers—Dauan Island council . . . . Transitional provisions Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . 32 32 33 33 34 34 35 35 35 35 36 36 36 37 37 37 38 38 38 39 39 39 39 39 40
4 Community Services (Torres Strait) Regulation 1998 67 68 Schedule 1 Part 1 266 267 268 269 270 271 Part 2 272 273 274 Part 3 275 276 277 278 279 280 281 Part 4 282 283 Part 5 Part 6 Division 1 289 Division 2 290 291 292 293 294 Transitional provision for Saibai Island council . . . . . . . . . . . . . . . Transitional provision for Community Services (Torres Strait)Amendment Regulation (No. 1) 2003 . . . . . . . . . . . . . . . . . . . . . . Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections to be held on a Saturday. . . . . . . . . . . . . . . . . . . . . . . . Date of quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island councils responsible for expenditure for conducting elections ....................................... Returning officers Clerk is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of returning officer in place of the clerk . . . . . . . . . . Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . Voters roll Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of electoral roll when practicable. . . . . . . . . . . . . . . . . . . . . . Requirements of voters roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voters roll to be open to inspection and purchase . . . . . . . . . . . . Electoral registrars to help returning officers . . . . . . . . . . . . . . . . Voting Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Conduct of elections Preliminary Conduct of elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electoral officers Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 40 41 41 41 42 42 42 42 43 43 44 45 45 45 46 46 46 47 47 47 48 48 48 48 49 49
5 Community Services (Torres Strait) Regulation 1998 295 296 297 Division 3 298 299 300 Division 4 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 Division 5 Division 6 319 320 321 322 323 Division 7 324 325 326 Returning officer may act through other officers . . . . . . . . . . . . . Assistant returning officer may act through certain authorised officers ........................................ Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . Candidates for election or appointment Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition of dual candidature. . . . . . . . . . . . . . . . . . . . . . . . . . . Leave to Island council employee to contest election. . . . . . . . . . Nominations of candidates for election Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may nominate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . Nomination fee to accompany nomination . . . . . . . . . . . . . . . . . . Special grounds for deciding a person is not properly nominated Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of candidature before noon on nomination day. . . . . Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure if number of candidates not more than number required ....................................... Procedure if number of candidates exceeds number required. . . Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on death of candidate when poll to be conducted . . . Disposal of nomination fees generally . . . . . . . . . . . . . . . . . . . . . If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Polling booths Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot boxes, papers and other documents Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . Separate ballot papers for separate polls. . . . . . . . . . . . . . . . . . . 49 50 50 50 51 51 52 53 53 53 54 54 55 55 55 55 56 57 58 58 59 59 59 60 61 62 62 62 63 64
6 Community Services (Torres Strait) Regulation 1998 327 328 329 Division 8 330 331 332 333 Division 9 334 335 336 337 338 339 340 341 342 Division 10 343 344 345 346 346A 347 348 349 350 351 352 353 Division 11 354 355 Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers Candidates’ entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . Appointment of scrutineers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting generally Who may vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for voting at a polling booth. . . . . . . . . . . . . . . . . . . . . Duties of issuing officer for returned papers. . . . . . . . . . . . . . . . . Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration voting Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . Who must cast a declaration vote in ordinary elections . . . . . . . . Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . How declaration vote is cast. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers to certain electors who may cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers to other electors who may or must cast declaration vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How declaration vote may be cast at a polling booth . . . . . . . . . . Distribution of ballot papers to electors for postal ballot election . Record of ballot papers given to postal voters . . . . . . . . . . . . . . . Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking of ballot papers Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 65 66 67 67 67 67 68 68 68 70 70 71 72 72 73 73 74 75 75 75 76 77 78 78 78 79 80 81 81
7 Community Services (Torres Strait) Regulation 1998 Division 12 356 Division 13 357 358 359 360 361 Division 14 362 363 363A 364 365 366 367 368 369 370 Division 15 371 372 373 374 375 376 377 378 379 380 381 382 Division 16 Subdivision 1 383 Replacement ballot papers Use of replacement ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Effect of ballot papers Effect of ballot papers—optional-preferential voting . . . . . . . . . . . Effect of ballot papers—first-past-the-post voting. . . . . . . . . . . . . Posted vote presumed valid until contrary proved . . . . . . . . . . . . Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . Ballot paper partly formal and partly informal. . . . . . . . . . . . . . . . Counting of votes Votes to be counted in accordance with this division . . . . . . . . . . Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . Preliminary processing of declaration votes by returning officer—postal ballot election) . . . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary processing of declaration votes by returning officer (words omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for processing declaration envelopes . . . . . . . . . . . . . Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treatment of ballot paper to which objection is made . . . . . . . . . Counting of votes for optional-preferential system . . . . . . . . . . . . Counting of votes for first-past-the-post system . . . . . . . . . . . . . . Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . Actions following poll Declaration of poll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording response to notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary value of list under s 374. . . . . . . . . . . . . . . . . . . . . . . Disposal of material resulting from election . . . . . . . . . . . . . . . . . Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to electors whose ballot papers are not accepted. . . . . . . Notice to electoral commission of certain declaration votes. . . . . Enforcement Offences in general False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 81 83 83 85 85 85 85 86 88 88 88 89 91 91 91 93 93 94 94 94 95 96 97 97 97 98 98 99 99
8 Community Services (Torres Strait) Regulation 1998 384 385 386 387 388 389 390 391 Subdivision 2 392 392A 393 394 Subdivision 3 395 396 397 398 399 400 401 402 403 404 405 406 Subdivision 4 Part 7 408 409 410 411 412 413 Part 8 Schedule 1A Schedule 1B False, misleading or incomplete electoral documents . . . . . . . . . Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . Offences about electoral advertising and information Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences about voting Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Party badges not to be worn in polling booths . . . . . . . . . . . . . . . Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences relating to ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Failure to deliver or post documents for someone else . . . . . . . . Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness to signing of declaration voting papers . . . . . . . . (omitted) Fresh elections Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Declaration of council areas . . . . . . . . . . . . . . . . . . . . . . . . . . Seisia community justice group . . . . . . . . . . . . . . . . . . . . . . . 99 100 100 101 101 101 101 101 102 102 105 105 106 106 107 107 108 108 108 109 109 110 110 110 111 111 111 111 111 111 112 114
9 Community Services (Torres Strait) Regulation 1998 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 1C Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Preliminary Definitions for sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 84(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bamaga community justice group . . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 84(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 114 115 115 115 116 116 117 117 117 118 118 118 119 120 120 121 121 121 121 122 122 123 123 123 124 124 124 125
10 Community Services (Torres Strait) Regulation 1998 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 128 128 129 129 131
s 1 11 s 4 Community Services (Torres Strait) Regulation 1998 Community Services (Torres Strait) Regulation 1998 [as amended by all amendments that commenced on or before 14 December 2007] Part 1 Preliminary 1 Short title This regulation may be cited as the Community Services (Torres Strait) Regulation 1998 . 2 Dictionary (1) The dictionary in schedule 2 defines particular words used in this regulation. (2) Definitions used elsewhere in the regulation are signposted in the dictionary. Part 2 Island councils Division 1 Membership 4 Membership of Island councils (1) An Island council consists of 3 councillors, including the chairperson. (2) Subsection (1) is subject to an approval, under this division, of another number of councillors. (3) This section is subject to section 4A.
s 4A 12 Community Services (Torres Strait) Regulation 1998 s6 4A Saibai Island council to have 7 councillors (1) The purpose of this section is to provide for the composition of the Saibai Island council in a way that reflects— (a) the 2 buways on Saibai Island; and (b) the 7 clans, each of which belongs to a buway. 1 (2) The Saibai Island council consists of 7 councillors, including the chairperson. (3) There must be 1 councillor from each of the 7 clans. 5 Proposal to decide other number of councillors (1) A proposal to decide the number of councillors for an Island council, other than 3, may be made by— (a) the Island council, by resolution, asking the Minister to approve a stated number of councillors for the council; or (b) the electors in the council’s area giving the Minister a petition asking the Minister to approve a stated number of councillors for the council. (2) This section does not apply to Saibai Island council. 6 Resolution of Island council (1) If an Island council, by resolution, decides to ask the Minister to approve a stated number of councillors for the council, the council must consult with the electors of the council’s area for at least 14 days. (2) The consultation period must begin within 14 days after the date of the resolution. (3) A notice about the resolution must be displayed in a conspicuous position in the council’s area and in other ways the council considers appropriate. 1 Provisions in schedule 1 that change the way in which the Local Government Act1993 , chapter 5, applies to elections for Island councils also provide for the 2 buways and 7 clans on Saibai Island.
s 7 13 s 7 Community Services (Torres Strait) Regulation 1998 (4) The notice must state the following— (a) the council has, by resolution, decided to ask the Minister to approve a stated number of councillors for the council’s area; (b) the length of the consultation period and the first and last days of the consultation period; (c) an invitation for any person to give to the council’s clerk, on or before the last day of the consultation period, a written submission about the resolution. (5) After considering submissions made about the resolution, the council must give a copy of the resolution to the Minister. (6) The copy of the resolution must— (a) be given to the Minister at least 60 days before the next quadrennial election of the council; and (b) be accompanied by— (i) a statement signed by the chairperson and the clerk certifying this section has been complied with; and (ii) submissions received about the resolution; and (iii) the council’s response to the submissions. 7 Petition by electors of area (1) A person may give a petition to the Minister asking the Minister to approve a stated number of councillors for an Island council only if— (a) it has been signed by a majority of the electors of the council’s area; and (b) the name and address of each of the electors who signed the petition is clearly set out next to the signature. (2) The petition must be given to the Minister at least 60 days before the next quadrennial election of the council.
s 8 14 s 9 Community Services (Torres Strait) Regulation 1998 8 Minister to make decision about resolution or petition (1) This section applies if, no later than 60 days before the next quadrennial election of an Island council, the Minister is given— (a) under section 6—a copy of the council’s resolution; or (b) under section 7—a petition about the membership of the council. (2) The Minister must decide whether to approve the number of councillors for the Island council stated in the resolution or petition. (3) The Minister may refuse to approve a resolution or petition only if the Minister is satisfied, on reasonable grounds, that— (a) the number of councillors stated in the resolution or petition is out of proportion to the overall population of the council’s area or is otherwise impracticable and unreasonable; or (b) for a resolution—the majority of electors in the council’s area are opposed to the resolution; or (c) the process set out in this division for the resolution or petition has not been properly complied with. (4) If the Minister approves the number of councillors stated in the resolution or petition, the Minister must, as soon as practicable, publish notice of the approval in the gazette. (5) The approval is of no effect until it has been notified in the gazette. 9 Change in membership takes effect at next quadrennial election If the Minister publishes a notice in the gazette approving a stated number of councillors for a council, the change to the number of councillors does not have effect until the next quadrennial election.
s 10 15 s 11 Community Services (Torres Strait) Regulation 1998 Division 2 Qualifications and disqualifications for membership of Island council 10 Qualifications for councillors (1) A person is qualified to become a councillor of an Island council, other than Saibai Island council, if the person— (a) is a Torres Strait Islander or Aborigine; and (b) has lived continuously in the Island council’s area for not less than 2 years before— (i) for a person who is elected as a councillor—the nomination day for the election; or (ii) for a person who is appointed as a councillor—the day the person is appointed; and (c) is entitled under this regulation to vote in the election. (2) A person is qualified to become a councillor of Saibai Island council if the person— (a) is a buway member; and (b) has lived continuously in the Saibai Island council’s area for not less than 3 months before— (i) for a person who is elected as a councillor—the nomination day for the election; or (ii) for a person who is appointed as a councillor—the day the person is appointed; and (c) is entitled under this regulation to vote in the election. (3) This section is subject to section 11. 11 Disqualification of councillors (1) A person is not qualified to become a councillor if— (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth); or
s 11 16 s 11 Community Services (Torres Strait) Regulation 1998 (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X 2 and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X and a final payment has not been made under the composition; or (d) the person is in prison. (2) Also, a person who has been convicted of an indictable offence under any of the following provisions of the CriminalCode in relation to an Island council, or a community government under the LocalGovernment(CommunityGovernmentAreas)Act2004 , is not qualified to become a councillor for 5 years after the conviction— • part 3, chapter 13 or 15 • part 6, division 1 • part 6, division 3. 3 (3) A person who has been convicted by a court of an offence against section 47 4 of the Act is not qualified to become a councillor for 3 years after the conviction, unless the court, by order, directs this subsection does not apply to the person if the court is satisfied it would be just to give the direction. (4) Subsections (2) and (3) do not apply to a person for a conviction for an offence before 1 October 1996. (5) In this section— conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. 2 Bankruptcy Act 1966 (Cwlth)— Part X (Personal insolvency agreements) 3 Criminal Code— Part 3 (Offences against the administration of law and justice and against public authority), chapter 13 (Corruption and abuse of office) or chapter 15 (Selling and trafficking in offices), part 6 (Offences relating to property and contracts), division 1 (Stealing and like offences) and division 3 (Forgery and like offences—personation) 4 Section 47 (Disclosure of interests at meetings) of the Act
s 12 17 s 13 Community Services (Torres Strait) Regulation 1998 Division 3 Term of office and vacancies in office 12 Term of office as appointed councillor (1) If a councillor (the new councillor ) is appointed to fill a vacancy in the office of a councillor (the former councillor ), the new councillor is appointed for the balance of the former councillor’s term of office. (2) The new councillor’s term of office starts on the day on which the councillor is appointed and ends on the day— (a) the next quadrennial election concludes; or (b) the Island council is dissolved; or (c) the new councillor’s office otherwise becomes vacant. 13 When councillor’s office becomes vacant A person’s office as a councillor of an Island council becomes vacant if the person— (a) dies; or (b) resigns as a councillor; or (c) ceases to be qualified to be a councillor under section 10 or 11; or (d) is absent from 3 or more consecutive meetings of the council of which notice has been duly given, without the council’s leave; or (e) is found to be unlawfully elected or appointed, or ineligible to continue to act, as a councillor, on a review under the Judicial Review Act 1991 ; or (f) becomes the clerk, or deputy clerk, of the council; or (g) becomes a finance officer, financial controller, accountant or other person (however described) whose primary responsibility is administering the council’s finances; or (h) is elected to another office at a by-election; or
s 14 18 s 16 Community Services (Torres Strait) Regulation 1998 (i) otherwise ceases to hold the office before the next quadrennial election concludes or the council is dissolved. 14 Filling of earlier vacancies by by-election (1) This section applies if a person’s office as a councillor of an Island council becomes vacant before 1 March (the cut-off date ) in the year before the year in which the next quadrennial elections for the council are to be held. (2) The vacancy must be filled by a by-election. 15 Filling of later vacancies by appointment (1) If the office of a person as a councillor of an Island council (the former councillor ) becomes vacant on or after the cut-off date, the Island council must fill the office by appointing a qualified person (the new councillor ) to the office. (2) If the vacancy is not properly filled within 2 months after the vacancy happens, the Governor in Council may appoint a person, who is qualified to become a councillor of the Island council, to fill the vacancy. Part 3 Chairperson of Island council Division 1 Appointment of chairperson and related matters 16 Membership of Island councils (1) An Island council must appoint a chairperson from its councillors, by resolution, at— (a) its first meeting after the conclusion of each quadrennial election; and (b) its first meeting after the conclusion of a fresh election of all of its councillors; and
s 17 19 s 18 Community Services (Torres Strait) Regulation 1998 (c) its first meeting after the chairperson’s office as councillor otherwise becomes vacant. (2) If, within 21 days after the post-election meeting or the chairperson’s office otherwise becomes vacant, the Island council has not appointed a chairperson, the Minister may, by written notice to the council, appoint a councillor as chairperson. (2A) For the appointment of a chairperson of Saibai Island council under subsection (1) or (2)— (a) if the appointment is after a quadrennial or fresh election—the person appointed must not be a buway member of the same buway as the person who was the previous chairperson; and (b) otherwise—the person appointed must be a buway member of the same buway as the person who was the previous chairperson. (3) Subsections (1) and (2) are subject to an approval, under division 2, of the direct election of the chairperson. 17 Duration of appointment of chairperson The chairperson’s term of office begins on the day on which the chairperson is appointed and ends on the day— (a) the next quadrennial election concludes; or (b) the Island council is dissolved; or (c) the chairperson’s office otherwise becomes vacant. 18 Vacating office of chairperson A person’s office as chairperson of an Island council becomes vacant if— (a) the person resigns as chairperson; or (b) the office of chairperson is declared vacant under section 19.
s 19 20 s 21 Community Services (Torres Strait) Regulation 1998 19 Office of chairperson may be declared vacant (1) An Island council, by resolution, may declare the office of chairperson is vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the members of the council at least 14 days before the meeting. (3) If the council declares the office of chairperson is vacant, it must immediately appoint a chairperson from its members. (3A) However, for Saibai Island council, the chairperson appointed under subsection (3) must be a member of the same buway of which the immediately preceding chairperson was a member. (4) Subsection (2) has effect despite section 36(1). 5 Division 2 Direct election of chairperson 20 Process for direct election (1) This division states the process to be used for approval of the direct election of the chairperson of an Island council. (2) The Minister may approve the direct election of an Island council’s chairperson only if the process is followed. 21 Proposal for direct election A proposal for the chairperson of an Island council to be directly elected may be made by— (a) the Island council, by resolution, asking the Minister to approve the direct election of the chairperson; or (b) the electors in the council’s area giving the Minister a petition asking the Minister to approve the direct election of the chairperson. 5 Section 36 (Notice of meetings)
s 22 21 s 23 Community Services (Torres Strait) Regulation 1998 22 Resolution of Island council (1) If an Island council, by resolution, decides to ask the Minister to approve the direct election of the council’s chairperson, the council must consult with the electors of the council’s area for at least 14 days. (2) The consultation period must begin within 14 days after the resolution is passed. (3) A notice about the resolution must be displayed in a conspicuous position in the council’s area and in other ways the council considers appropriate. (4) The notice must state the following— (a) the council has, by resolution, decided to ask the Minister to approve the direct election of the council’s chairperson by the electors of the council’s area; (b) the length of the consultation period and the first and last days of the consultation period; (c) an invitation for any person to give to the council’s clerk, on or before the last day of the consultation period, a written submission about the resolution. (5) After considering submissions made about the resolution, the Island council must give a copy of the resolution to the Minister. (6) The copy of the resolution must— (a) be given to the Minister at least 60 days before the next quadrennial election of the council; and (b) be accompanied by— (i) a statement signed by the chairperson and the clerk certifying this section has been complied with; and (ii) submissions received about the resolution; and (iii) the council’s response to the submissions. 23 Petition by electors of area (1) A petition asking the Minister to approve the direct election of the chairperson of an Island council’s area may be given to the Minister only if—
s 24 22 s 25 Community Services (Torres Strait) Regulation 1998 (a) it has been signed by a majority of the electors of the area; and (b) the name and address of each of the electors who signed the petition is clearly set out next to the signature. (2) The petition must be given to the Minister at least 60 days before the next quadrennial election of the council. 24 Minister to make decision about resolution or petition (1) If the Minister is given a copy of a resolution or a petition, the Minister must decide whether to approve the direct election of the chairperson of the Island council by the electors of the council’s area. (2) The Minister may refuse to approve a resolution or petition only if the Minister is satisfied, on reasonable grounds, that— (a) for a resolution—the majority of electors in the council’s area are opposed to the resolution; or (b) the process set out in this part for the resolution or petition has not been properly complied with. (3) If the Minister approves the direct election of the chairperson, the Minister must, as soon as practicable, publish notice of the approval in the gazette. (4) The approval is of no effect until it has been notified in the gazette. 25 Direct election of chairperson takes effect at next election If the Minister publishes a notice in the gazette approving the direct election of the chairperson of an Island council, the change to the direct election of the chairperson does not have effect until the next quadrennial election.
s 26 23 s 28 Community Services (Torres Strait) Regulation 1998 Part 4 Elections for Island councils 26 Election of councillors The Local Government Act 1993 , chapter 5 applies to elections for Island councils with the changes shown in schedule 1. Part 5 Island council meetings Division 1 Post-election meetings 27 Post-election meetings An Island council must hold a meeting of its councillors within 14 days after the conclusion of each quadrennial election. 28 Agenda of post-election meetings (1) An Island council must consider the following matters at a post-election meeting— (a) the day and time for holding other meetings; (b) if its chairperson is not directly elected—the appointment of its chairperson; (c) the appointment of its deputy chairperson; (d) the document about its financial operations, that the clerk must present to the meeting under section 48. 6 (2) If the Island council does not, within 21 days after the post-election meeting, appoint a deputy chairperson, the Minister may, by written notice to the council, appoint a councillor as deputy chairperson. 6 Section 48 (Financial information to be presented to post-election meeting)
s 29 24 s 33 Community Services (Torres Strait) Regulation 1998 29 Clerk to preside at post-election meetings (1) This section applies if the chairperson of an Island council is not directly elected. (2) The council’s clerk presides at meetings of the council until a chairperson or deputy chairperson is appointed. (3) However, the clerk must not vote on business before the council. Division 2 Meetings generally 30 Other meetings (1) Other meetings of an Island council are to be held at the times and places it decides. (2) However, the council must meet at least once in each period of 3 months. 31 Place of meetings (1) All meetings of an Island council must be held at its office. (2) However, an Island council may, by resolution, fix another place for a particular meeting. 32 Quorum at meetings (1) A quorum for a meeting of an Island council is a majority of its councillors. (2) However, if the number of councillors is an even number, one-half of the number is a quorum. 33 Procedure at meetings (1) Business may be conducted at a meeting of an Island council only if a quorum is present. (2) At a meeting— (a) voting—
s 34 25 s 36 Community Services (Torres Strait) Regulation 1998 (i) for the appointment of the chairperson or deputy chairperson may be open or by secret ballot as the councillors present may decide; and (ii) otherwise, must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. 34 Minutes must be kept (1) An Island council must keep minutes of its proceedings. (2) The minutes must be taken and confirmed under section 38. 35 Adjournment of meetings (1) The majority of councillors present at a meeting of an Island council may adjourn the meeting to a later hour of the same day or to a later day. (2) If a quorum for a meeting is not present within 30 minutes after the time appointed for the meeting, the meeting may be adjourned by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the council’s clerk. (3) The meeting may be adjourned to a later hour of the same day or another day within 14 days after the day of adjournment. 36 Notice of meetings (1) Notice of each meeting of an Island council, including an adjourned meeting, must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice.
s 37 26 s 37 Community Services (Torres Strait) Regulation 1998 (2) The notice must be given in writing, unless each councillor has agreed, in writing, that notice of meetings under subsection (1) may be given orally. (3) The notice must state— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. (4) Subsection (1) is subject to section 37. 37 Repeal or amendment of resolutions (1) A resolution of an Island council may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. (2) At the meeting, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting (the later meeting ) is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present at the later meeting; or (b) in any other case—a majority of all councillors. Example of subsection (2)(a) — At a meeting of the XYZ Island council, 5 councillors are present. At the meeting a resolution about control of dogs in the area is passed. At the next meeting of the Island council, 7 councillors are present. The council may amend the resolution about dogs passed at the last meeting if 4 of the councillors present at the meeting agree to the amendment. Example of subsection (2)(b) — The ABC Island council has 7 councillors. At a meeting of the ABC Island council at which 6 of the councillors are present, a resolution about garbage collection in the council’s area is passed. At the next meeting of the ABC Island council, 5 councillors are present. The council may amend the resolution about garbage collection only if 4 of the councillors agree to the amendment.
s 38 27 s 40 Community Services (Torres Strait) Regulation 1998 38 Minutes to be kept and confirmed (1) The clerk of an Island council must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. (2) Minutes of each meeting must include— (a) the names of councillors present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted or were taken to have voted. (3) At each meeting, the minutes of the previous meeting must be— (a) confirmed by the councillors present; and (b) signed by the councillor presiding. 39 Meetings in public unless otherwise resolved Meetings of an Island council must be open to the public unless— (a) the council has, by resolution under section 40(1), closed a meeting; or (b) the chairperson, under section 40(3), closes the meeting. 40 Meetings may be closed for limited reasons (1) An Island council may, by resolution, close a meeting to the public if the council considers it necessary to close the meeting to discuss any of the following— (a) the appointment, dismissal or discipline of a particular employee; (b) industrial matters affecting its employees; (c) its budget; (d) contracts proposed to be made by it; (e) legal proceedings involving it; (f) other business for which public discussion would be likely to prejudice the interests of the council or
s 41 28 s 42 Community Services (Torres Strait) Regulation 1998 someone else, or enable a person to gain a financial advantage. (2) A resolution closing a meeting must state the nature of the matters to be considered while the meeting is closed. (3) The chairperson of an Island council may also close a meeting to the public if the chairperson considers, on reasonable grounds, members of the public attending the meeting are unduly disrupting proceedings. (4) An Island council must not make a resolution (other than a procedural resolution) in a closed meeting. 41 Public notice of meetings (1) An Island council must display a notice of the days and times when its meetings, other than special meetings, will be held— (a) in a conspicuous place in its office; and (b) in another conspicuous place in its area. (2) The council must immediately notify a change to the days and times for meetings, other than special meetings, in the same way as the information was previously notified. (3) A list of the items to be discussed at a meeting must be open to inspection at the time the agenda for the meeting is made available to councillors. (4) Subject to sections 37 and 42, subsection (3) does not affect the right at a meeting to discuss or deal with items arising after the agenda for the meeting is made available to councillors. 42 Public notice of resolution authorising remuneration (1) A resolution authorising the payment or provision of remuneration to councillors of an Island council may be passed only if notice has been given of the proposed resolution. (2) Notice must be given by displaying, at least 21 days before the meeting—
s 43 29 s 43 Community Services (Torres Strait) Regulation 1998 (a) a notice stating the proposed resolution, and the day and time of the proposed meeting, in a conspicuous place in the council’s area; and (b) a copy of the notice in a conspicuous place in the council’s office on the day. (3) The notice and its copy must be kept on display until after the meeting. (4) In this section— remuneration , of a councillor of an Island council, includes— (a) any fees or allowances, or reimbursement of expenses, paid to the councillor by the council; (b) any benefit or entitlement provided to the councillor by the council. 43 Inspection of minutes of meetings and their purchase (1) A copy of the minutes of each meeting of an Island council— (a) must be available for inspection at the council’s office within 21 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the office. (2) The price of a copy of confirmed minutes must not be more than— (a) the cost to the Island council of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage.
s 44 30 s 45 Community Services (Torres Strait) Regulation 1998 Part 6 Financial administration Division 1 Financial management of Island councils 44 Community funds (1) An Island council must establish and keep the following community funds— (a) a general fund; (b) a trust fund. (2) An Island council may call its general fund an operating fund. (3) A payment may be made from an account with a financial institution kept by an Island council in relation to a fund only by a cheque signed, or an electronic funds transfer authorised, by any 2 of the following— (a) the clerk; (b) the chairperson of the council; (c) another councillor of the council; (d) an employee of the council authorised by resolution of the council; (e) if a financial controller is appointed for the council—the financial controller, if authorised by resolution of the council. 45 General fund of Island council (1) An Island council’s general fund must consist of all of its assets and liabilities, other than its trust assets and liabilities. (2) The council must keep an account with a financial institution for amounts it receives for its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 financial institution account within its general fund.
s 46 31 s 47 Community Services (Torres Strait) Regulation 1998 46 Trust fund of Island council (1) An Island council must credit amounts it receives on trust to its trust fund. (2) An amount credited to the trust fund must be applied— (a) in payment to or for the person entitled to the amount according to law; or (b) as required by the Act under which the amount was paid to the trust fund. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the amount was credited has ceased to exist. (4) An Island council must keep a separate account with a financial institution for its trust fund. 47 Administration and financial procedures manual (1) Each Island council must prepare a manual (an administration and financial procedures manual ) about the accounting and financial procedures for the administration of the council’s community funds. (2) Without limiting subsection (1), an Island council’s administration and financial procedures manual must include— (a) the council’s policies about financial administration; and (b) the procedures and internal controls for the council’s accounting, information and administrative systems; and (c) the corporate structure adopted by the council; and (d) position descriptions for all permanent employees employed by the council. (3) The manual— (a) must be approved by resolution of the council; and (b) does not take effect until is has been approved by the council.
s 48 32 s 50 Community Services (Torres Strait) Regulation 1998 48 Financial information to be presented to post-election meeting (1) At each post-election meeting of an Island council, the clerk must present to the council a document about the council’s financial operations. (2) The document must— (a) relate to the council’s financial operations for the previous financial year; and (b) relate to the council’s financial operations for the financial year in which the meeting is held to the latest day to which the document can reasonably be compiled; and (c) contain an estimate of the council’s financial operations from the day to which the document is prepared to the end of the financial year in which the meeting is held. 49 Approved forms for annual financial statements When approving forms under section 60 7 of the Act, the chief executive must have regard to the need to provide for full disclosure of an Island council’s financial operations during a financial year. Division 2 Register of councillor’s pecuniary interests 50 Register of pecuniary interest disclosures (1) The clerk of an Island council must keep, at the council’s office, a register of pecuniary interest disclosures. (2) If a councillor makes a pecuniary interest disclosure to a council meeting, the clerk must record particulars of the disclosure in the register within 2 days after the day the minutes of the meeting are confirmed. 7 Section 60 (Preparation of financial statements) of the Act
s 51 33 s 52 Community Services (Torres Strait) Regulation 1998 (3) The particulars recorded by the clerk must be the particulars of the disclosure recorded in the minutes of the meeting. (4) The council must— (a) keep the register open for inspection by members of the public during office hours on business days; and (b) make copies available for purchase at a price not more than the cost to the council of producing the copy and, if a copy is given to a purchaser by post, the cost of postage. Part 7 Clerk of Island council 51 Employment of clerk An Island council must appoint and employ an individual as its clerk. 52 Role of clerk (1) The clerk of an Island council has the role of implementing the council’s policies and decisions. (2) On a day-to-day basis, the clerk’s role includes managing the council’s affairs. (3) The clerk alone is responsible for— (a) organising the presentation of reports and reporting to the council; and (b) conducting correspondence between the council and other persons; and (c) managing and overseeing the administration of the council; and (d) coordinating the activities of all employees of the council. (4) The clerk has—
s 53 34 s 54 Community Services (Torres Strait) Regulation 1998 (a) all the powers necessary for performing the clerk’s role; and (b) the powers the council specifically delegates to the clerk. 53 Acting clerk An Island council may appoint an individual to act as its clerk during— (a) a vacancy, or all vacancies, in the position; or (b) a period, or all periods, when the clerk is absent from duty or can not, for any reason, perform as the clerk. Part 8 Island Courts 54 Procedures and enforcement of decisions of Island Courts (1) The procedures for, and the enforcement of decisions of, an Island Court are to be— (a) if, but for the Act, an action would be brought under the Justices Act 1886 —in accordance with the Justices Act1886 ; and (b) if, but for the Act, an action would be brought under the Penalties and Sentences Act 1992— in accordance with the Penalties and Sentences Act 1992 ; and (c) if, but for the Act, an action would be brought under the MagistratesCourtsAct1921 —in accordance with the Magistrates Courts Act 1921 . (2) For applying, under subsection (1), the JusticesAct1886 , Penalties and Sentences Act 1992 or Magistrates Courts Act1921 — (a) a reference in any of the Acts to a Magistrates Court is taken to be a reference to an Island Court; and
s 55 35 s 58 Community Services (Torres Strait) Regulation 1998 (b) a reference in any of the Acts to a magistrate is taken to be a reference to the 2 justices constituting an Island Court; and (c) a reference in any of the Acts to a clerk of the court is taken to be a reference to the clerk of an Island Court. 55 Jurisdiction of court includes power to make fine option order The jurisdiction of an Island Court includes power to make a fine option order as if the Island Court were a Magistrates Court. 56 Clerk of Island Court An Island council must appoint an individual as clerk of the Island Court for its area. 57 Record of court proceedings The clerk of an Island Court must keep all records and proceedings of the Island Court. Part 9 Island Coordinating Council Division 1 Chairperson and deputy chairperson of Island Coordinating Council 58 Appointment of chairperson and deputy chairperson (1) The Island Coordinating Council must, by resolution, appoint a chairperson and deputy chairperson from its members at its first meeting after the conclusion of each of the quadrennial elections for Island councils.
s 59 36 s 61 Community Services (Torres Strait) Regulation 1998 (2) Also the Island Coordinating Council must, by resolution, appoint a chairperson or deputy chairperson from its members at its first meeting after the chairperson’s or deputy chairperson’s office otherwise becomes vacant. (3) Subsection (2) has effect subject to section 60(3). 59 Vacating office of chairperson or deputy chairperson A person’s office as chairperson or deputy chairperson of the Island Coordinating Council becomes vacant if— (a) the person resigns as chairperson or deputy chairperson; or (b) the office of chairperson or deputy chairperson is declared vacant under section 60. 60 Office of chairperson or deputy chairperson may be declared vacant (1) The Island Coordinating Council may, by resolution, declare the office of chairperson or deputy chairperson vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the members of the council at least 14 days before the meeting. (3) If the council declares the office of chairperson or deputy chairperson is vacant, it must immediately appoint a chairperson or deputy chairperson from its members. 61 Quorum for meetings of executive committee (1) A quorum for a meeting of the executive committee of the Island Coordinating Council is 2 members of the committee. (2) Business may be conducted at a meeting of the executive committee only if a quorum is present.
s 62 37 s 64 Community Services (Torres Strait) Regulation 1998 Division 2 Financial administration of Island Coordinating Council 62 Community funds of Island Coordinating Council (1) The Island Coordinating Council must establish and keep— (a) a general fund; and (b) if the council receives amounts on trust—a trust fund. (2) The council may call its general fund an operating fund. 63 General fund of Island Coordinating Council (1) The Island Coordinating Council’s general fund must consist of all of its assets and liabilities, other than its trust assets and liabilities. (2) The council must keep an account with a financial institution for amounts it receives in its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 financial institution account within its general fund. 64 Trust fund of Island Coordinating Council (1) If the Island Coordinating Council is required to keep a trust fund under section 62(1)(b), it must credit amounts it receives on trust to the trust fund. (2) An amount credited to the trust fund must be applied in payment to or for the person entitled to the amount according to law. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the amount was credited has ceased to exist. (4) The council must keep a separate account with a financial institution for its trust fund.
s 64A 38 Community Services (Torres Strait) Regulation 1998 s 64C Part 10 Island council areas 64A Declaration of council areas—Act, s 14 The part of the State mentioned in schedule 1A, column 1, is declared to be the council area mentioned in column 2 of the schedule opposite the part. Part 10A Community justice groups 64B Establishment of community justice groups—Act, s 84(1) (1) Each community justice group named in a relevant schedule is established for the council area stated for the justice group. (2) Each relevant schedule prescribes matters about the community justice group named in the schedule. 64C Criminal history checks (1) For section 87(1) 8 of the Act, the chief executive may ask the commissioner of the police service to give the chief executive a written report about a person’s criminal history. 9 (2) The commissioner must comply with the request. (3) Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access. 8 Section 87 (Criminal history checks) of the Act 9 Section 87(3) of the Act defines criminal history for the section.
s 65 39 s 65D Community Services (Torres Strait) Regulation 1998 Part 11 Miscellaneous 65 Forms The prescribed forms under the Act are the forms approved by the chief executive. 65A Appointment of financial controller—Mer Island council (1) Janelle Menzies is appointed as a financial controller for the Island council for the Mer council area. (2) The appointment is for the period starting on 4 August 2007 and ending on 18 March 2008. 65B Appointment of financial controller—Badu Island council (1) Anne Stone is appointed as a financial controller for the Island council for the Badu council area. (2) The appointment is for the period starting on 27 July 2007 and ending on 18 March 2008. 65C Appointment of financial controller—Saibai Island council (1) Janelle Menzies is appointed as a financial controller for the Island council for the Saibai council area. (2) The appointment is for the period starting on 13 August 2007 and ending on 18 March 2008. 65D Appointment of financial controllers—Dauan Island council (1) Andrew Muir and James Evans are each appointed as a financial controller for the Island council for the Dauan council area. (2) The appointment is for the period starting on 14 December 2007 and ending on 18 March 2008.
s 66 40 s 68 Community Services (Torres Strait) Regulation 1998 Part 12 Transitional provisions 66 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 (1) A reference in this regulation to the next quadrennial election is to be read as a reference to the election under this regulation to be held on the same day as the 2000 quadrennial election to be held under the Local Government Act 1993 . (2) This section does not have effect after the quadrennial election under this regulation is held in 2000. 67 Transitional provision for Saibai Island council (1) This section applies to Saibai Island council. (2) Section 4A applies to the council for and after the 2000 quadrennial election to be held under the Local GovernmentAct 1993 . (3) Section 16(2A) does not apply to the appointment of the chairperson of Saibai Island council appointed immediately after the 2000 quadrennial election. 68 Transitional provision for Community Services (TorresStrait) Amendment Regulation (No. 1) 2003 For nominating members of a community justice group for schedule 1B or 1C, a nomination under section 5 of either schedule includes a nomination made by a nominating entity under the schedule before the commencement of this section.
41 Community Services (Torres Strait) Regulation 1998 Schedule 1 Elections section 26 (The Local Government Act 1993, chapter 5 applied to an Island council) 10 Part 1 General 266 Quadrennial elections Councillors of an Island council are to be elected once every 4 years. 267 Types of elections (1) A quadrennial or fresh election of a councillor of an Island 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 Island council is an election for its area, ( words omitted ) for which the councillor was elected. (4) Elections for Saibai Island council are based on clans, despite subsections (1) and (3). (5) For subsection (4)— (a) if an election is a quadrennial or fresh election—the election is for each of the clans; and 10 Textual changes are indicated by italic script (other than the citations of the Electoral Acts). The schedule as replaced by the CommunityServicesLegislationAmendmentRegulation (No. 1) 1998 takes account of the renumbering of the Local GovernmentAct 1993 . The schedule has not otherwise been amended.
42 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) if an election is a by-election—the election is for the clan that is not represented on the council. 268 Elections to be held on a Saturday Every election for an Island council must be held on a Saturday. 269 Date of quadrennial elections (1) Quadrennial elections must be held on the same day as quadrennial elections under the Local Government Act 1993. (2) ( omitted ) (3) ( omitted ) 270 Date of by-elections (1) A by-election to fill a vacancy in the office of a councillor of an Island council 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. 271 Island councils responsible for expenditure for conducting elections An Island council is responsible for expenditure incurred for the conduct of an election in its ( words omitted ) area.
43 Community Services (Torres Strait) Regulation 1998 Part 2 Schedule 1 (continued) Returning officers 272 Clerk is returning officer (1) The clerk of an Island council is the returning officer for every election of a councillor of the Island council . (2) This section is subject to section 273. 273 Appointment of returning officer in place of the clerk (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 Island council can not be appointed as returning officer for an election unless the clerk — (a) has , by displaying in a conspicuous position in the Island 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.
44 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 Island council . (7) If the clerk believes he or she can not 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. 274 Returning officer’s duty for by-election 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 Island 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.
45 Community Services (Torres Strait) Regulation 1998 Part 3 Schedule 1 (continued) Voters roll 275 Returning officer must compile voters roll (1) The returning officer for an election for an Island council must compile the roll of persons entitled to vote at the election (the voters roll ). (2) However, in compiling the voters roll for an election for Saibai Island council, the returning officer for the election must— (a) compile the voters roll based on the clans, to the extent necessary for the election; and (b) if, under Island custom on Saibai Island, a person is not a member of a clan—consult with the elders of the clans about the way in which the person’s name should appear in the voters roll. (3) For an election for Saibai Island council, if a person mentioned in subsection (2)(b) asks the returning officer, in writing, not to include the person’s name on the voters roll for the election, the returning officer must not include the person’s name on the voters roll for the election. 276 Qualification for enrolment on voters roll A person is entitled to vote at an election for an Island council if the person is an elector under the Electoral Act 1992 for an electoral district, or a part of an electoral district, included— (a) ( words omitted ) in the area; or (b) ( omitted ) 277 Cut-off day for voters roll A voters roll must be compiled to 1 of the following dates— (a) for a quadrennial election—31 January in the year of the election;
46 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) for a by-election to fill a vacancy in the office of a councillor of an Island council —at least 5 days, and not more than 7 days, after the display , under section 274, of notice of the day of the by-election. 278 Use of electoral roll when practicable (1) The voters roll for an election for an Island 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. 279 Requirements of voters roll (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. (1A) Subsection (1)(b) applies to the voters roll for an election for Saibai Island council only to the extent that it is consistent with a voters roll based on the clans. (2) The returning officer must not include in a voters roll an elector’s address that, under the ElectoralAct1992 , is excluded from the publicly available part of an electoral roll. 280 Voters roll to be open to inspection and purchase (1) A voters roll for an election is open to inspection.
47 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) Copies of the voters roll must be available for purchase at the Island council’s office . (3) The price of a copy of the voters roll must be no more than the cost to the Island council of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. 281 Electoral registrars to help returning officers 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 Island council . Part 4 Voting 282 Compulsory voting Voting at an election for an Island council is compulsory and each elector is entitled to 1 vote only. 283 System of voting The system of voting at an election for a councillor is— (a) ( omitted ) (b) ( words omitted ) first-past-the-post voting. Part 5 ( omitted )
48 Community Services (Torres Strait) Regulation 1998 Part 6 Schedule 1 (continued) Conduct of elections Division 1 Preliminary 289 Conduct of elections An election must be conducted under this part. Division 2 Electoral officers 290 Returning officer The returning officer for an election is responsible for its proper conduct. 291 Assistant returning officers ( omitted ) 292 Presiding officers (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, may appoint an adult as presiding officer at the booth while the person is unable to act.
49 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (4) An appointment under subsection (1) or (3) must be in the approved form. 293 Issuing officers (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. 294 Declaration by issuing officers An issuing officer must make a declaration in the approved form before acting as an issuing officer. 295 Returning officer may act through other officers 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 ) 2 ( omitted )
50 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 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. 296 Assistant returning officer may act through certain authorised officers ( omitted ) 297 Supply and use of voters rolls (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 298 Qualification for nomination (1) ( omitted ) 11 (2) A person is not disqualified from nominating for election or appointment to an Island council because the person is a member of the Legislative Assembly or an Island council employee. 12 11 See section 10 (Qualifications for councillors) of the regulation. 12 See section 13(f) and (g) of the regulation which provides that a person can not be a member of an Island 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.
51 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (3) A person who is a candidate for election as a member of an Australian Parliament, is not qualified to be nominated for election or appointment to an Island council until— (a) for an election under the ElectoralAct1992 —the day the Electoral Commission is notified, under section 122(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)— (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act. 13 (4) ( omitted ). 299 Prohibition of dual candidature (1) A person can not, at the same time, be a candidate— (a) for election as chairperson of an Island council and as another councillor of the Island 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 ) 300 Leave to Island council employee to contest election (1) An Island council employee who nominates as a candidate for election as a councillor of an Island council is entitled to leave 13 Commonwealth Electoral Act 1918 (Cwlth), section 283 (Return of writ for election of Senators) or 284 (Declaration of poll and return of writs for House of Representatives)
108 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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— 2 penalty units . 399 Influencing voting A person must not, by violence or intimidation, influence a person’s vote at an election. Maximum penalty— 2 penalty units . 400 Party badges not to be worn in polling booths ( omitted ) 401 Voting if not entitled 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— 2 penalty units .
109 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 402 Offences relating to ballot papers (1) A person must not— (a) wilfully fail to comply with section 336 or 351; 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 (b) a declaration form or envelope that has been signed by anyone else. Maximum penalty— 2 penalty units . 403 Failure to deliver or post documents for someone else (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 6p.m. on polling day. Maximum penalty— 2 penalty units.
110 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 404 Breach of confidentiality of vote (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— 2 penalty units . 405 Breaking seals on parcels 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 regulation or ordered by a court to open or break the seal. Maximum penalty— 2 penalty units . 406 Duty of witness to signing of declaration voting papers A person (the witness ) must not sign a declaration envelope as witness under section 351 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— 2 penalty units .
111 Community Services (Torres Strait) Regulation 1998 Subdivision 4 Schedule 1 (continued) ( omitted ) Part 7 Fresh elections 408 Requirements for fresh election ( omitted ) 409 Time for fresh election ( omitted ) 410 Returning officer for fresh election 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. 411 Voters roll for fresh election A voters roll for a fresh election must be compiled under the order in council directing the holding of the fresh election. 412 Other provisions of schedule apply 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 quadrennial election. 413 Extension of term of councillors ( omitted ) Part 8 ( omitted )
112 Community Services (Torres Strait) Regulation 1998 Schedule 1A Declaration of council areas section 64A Column 1 Part of the State The land mentioned in the first and second schedules of deed of grant reference number 21296126 The land mentioned in the first and second schedules of deed of grant reference number 21328057 The land mentioned in the first and second schedules of deed of grant reference number 21296127 The land mentioned in the first and second schedules of deed of grant reference number 21296130 The land mentioned in the first and second schedules of deed of grant reference number 21296129 The land mentioned in the first and second schedules of deed of grant reference number 21296131 The land mentioned in the first and second schedules of deed of grant reference number 21296138 The land mentioned in the first and second schedules of deed of grant reference number 21296132 The land mentioned in the first and second schedules of deed of grant reference number 21296133 Column 2 Council area Badu council area Bamaga council area Boigu council area Dauan council area Erub council area a Hammond council area Iama council area b Kubin council area Mabuiag council area
113 Community Services (Torres Strait) Regulation 1998 Schedule 1A (continued) Column 1 The land described as Lot 48 on crown plan TS207 and Lots 1 and 55 on crown plan 846896 The land mentioned in the first and second schedules of deed of grant reference number 21296128 The land mentioned in the first and second schedules of deed of grant reference number 21296134 The land mentioned in the first and second schedules of deed of grant reference number 21352022 The land mentioned in the first and second schedules of deed of grant reference number 21296136 The land mentioned in the first and second schedules of deed of grant reference number 21296135 The land mentioned in the first and second schedules of deed of grant reference number 21296137 The land mentioned in the first and second schedules of deed of grant reference number 21296139 Column 2 Mer council area Poruma council area c Saibai council area Seisia council area St Pauls council area Ugar council area d Warraber council area e Yorke council area a This council area was previously called Darnley Island council area. b This council area was previously called Yam Island council area. c This council area was previously called Coconut Island council area. d This council area was previously called Stephen Island council area. e This council area was previously called Sue Island council area.
114 Community Services (Torres Strait) Regulation 1998 Schedule 1B Seisia community justice group section 64B Part 1 Preliminary 1 Definitions for sch 1B In this schedule— council means the Seisia Island Council. main indigenous social grouping means the group of Torres Strait Islanders who live in the Seisia Island Council area. nominating entity means— (a) the main indigenous social grouping; or (b) the council. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 84(2) The name of the community justice group for the Seisia Island Council area is Ibopuydhan Balbygimaipa Community Justice Group.
115 Community Services (Torres Strait) Regulation 1998 Part 3 Schedule 1B (continued) Membership 3 Number of members The justice group comprises at least 5 but not more than 20 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of the main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) The main indigenous social grouping must nominate at least the following number of persons, but not more than 19 persons, to be members of the justice group— (a) if the council does not nominate a person under subsection (2)—5; (b) otherwise—4. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice.
116 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated or withdrew the nomination of the person. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing.
117 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Island custom.
118 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) (2) The justice group may only make decisions about business relating to its functions under section 85(1)(a), (c), (d) or (e) 24 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 24 Section 85(1)(a), (c), (d) or (e) of the Act— 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the IndigenousCommunitiesLiquorLicencesAct2002 , part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act.
119 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
120 Community Services (Torres Strait) Regulation 1998 Schedule 1C Bamaga community justice group section 64B Part 1 Preliminary 1 Definitions for sch 1C In this schedule— council means the Bamaga Island Council. main indigenous social grouping means each of the following groups of Torres Strait Islanders— • Badu Islanders • Darnley Islanders • Mabuiag Islanders • Mer Islanders • Saibai Islanders • the historical residents of the Bamaga Island Council area • the traditional owners of the Bamaga Island Council area. nominating entity means the following— (a) a main indigenous social grouping; (b) the council. special meeting see section 10(2).
121 Community Services (Torres Strait) Regulation 1998 Part 2 Schedule 1C (continued) Name of community justice group 2 Name—Act, s 84(2) The name of the community justice group for the Bamaga Council area is the Bamaga Mina Kodomir (Proper Voice) Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 7 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the Bamaga Council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person to be a member of the justice group. (2) Each person nominated by a main indigenous social grouping must be a member of the grouping. (3) The council may nominate 1 person to be a member of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it.
122 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated or withdrew the nomination of the person. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or
123 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom.
124 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) (2) The justice group may only make decisions about business relating to its functions under section 85(1)(a), (c), (d) or (e) 25 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 25 Section 85(1)(a), (c), (d) or (e) of the Act— 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the IndigenousCommunitiesLiquorLicencesAct2002 , part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act1992 , part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act.
125 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
126 Community Services (Torres Strait) Regulation 1998 Schedule 2 Dictionary section 2 buway means one of the following tribal groups under Island custom on Saibai Island— • Koeybuway • Moegibuway. buway member means a person who, under Island custom on Saibai Island, is a member of a buway. clans means the following— • Ait Koedal • Dhoeybaw • Saibai Koedal • Samu • Sui-Baydam • Thabu • Umay. clerk means the person appointed by an Island council, under section 51, as the clerk of the council. councillor , of an Island council, includes the chairperson. cut-off date see section 14. directly elected , for a chairperson of an Island council, means directly elected by the electors of the council’s area. elders , of the clans, means the persons who, under Island custom on Saibai Island, are the elders of the clans. elector means a person entitled to vote under this regulation.
127 Community Services (Torres Strait) Regulation 1998 Schedule 2 (continued) fine option order has the meaning given by the Penalties andSentences Act 1992 . 26 justice group , for a relevant schedule, means the community justice group named in the schedule. pecuniary interest disclosure means a disclosure made under section 47 27 of the Act. post-election meeting means a meeting held under section 27. relevant schedule means a schedule of this regulation other than schedule 1, 1A or 2. trust money , of an Island council or the Island Coordinating Council, means— (a) an amount paid to the council— (i) by way of deposit; or (ii) in trust for a person; or (b) an amount paid to the council that is required by an Act to be paid into its trust fund. 26 Under the Penalties and Sentences Act 1992 , section 4, a fine option order means a fine option order made under part 4, division 2 of the Act. Under a fine option order, an order that an offender pay a fine may be suspended to allow the offender to perform community service in place of payment of the fine. The number of hours of community service that may be required in place of a fine must not be more than 5 hours for each penalty unit, or part of a penalty unit, that was imposed as a fine under the original order. 27 Section 47 (Disclosure of interests at meetings) of the Act
128 Community Services (Torres Strait) Regulation 1998 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 December 2007. Future amendments of the Community Services (Torres Strait) Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
129 Community Services (Torres Strait) Regulation 1998 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 2 Amendments to 1998 SL No. 274 2000 SL No. 5 2000 SL No. 49 2002 SL No. 85 2002 SL No. 85 Effective 9 October 1998 21 January 2000 24 March 2000 26 April 2002 26 April 2002 Reprint date 21 October 1998 8 February 2000 6 April 2000 10 May 2002 26 April 2002 Reprint No. 2A rv 2B 2C 2D 2E 3 3A 3B 3C 3D 3E 4 Amendments included 2003 SL No. 74 2003 SL No. 198 2003 SL No. 302 2003 SL No. 384 2004 SL No. 319 — 2007 SL No. 4 2007 SL No. 71 2007 SL No. 182 2007 SL No. 183 2007 SL No. 183 2007 SL No. 335 — Effective 24 April 2003 29 August 2003 28 November 2003 23 December 2003 1 January 2005 1 January 2005 2 February 2007 27 April 2007 27 July 2007 4 August 2007 14 December 2007 14 December 2007 Notes R2E withdrawn, see R3 5 List of legislation Community Services (Torres Strait) Regulation 1998 SL No. 193 made by the Governor in Council on 23 June 1998 notfd gaz 26 June 1998 pp 1036–7 commenced on date of notification exp 1 September 2008 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Community Services Legislation Amendment Regulation (No. 1) 1998 SL No. 274 pts 1, 3 notfd gaz 9 October 1998 pp 489–91 commenced on date of notification
130 Community Services (Torres Strait) Regulation 1998 Community Services Legislation Amendment Regulation (No. 1) 2000 SL No. 5 pts 1, 3 notfd gaz 21 January 2000 pp 192–3 commenced on date of notification Community Services Legislation Amendment Regulation (No. 2) 2000 SL No. 49 pts 1, 3 notfd gaz 24 March 2000 pp 1130–1 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2002 SL No. 85 pts 1, 3 notfd gaz 26 April 2002 pp 1540–3 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2003 SL No. 74 pts 1, 3 notfd gaz 24 April 2003 pp 1436–7 commenced on date of notification Community Services Legislation Amendment Regulation (No. 2) 2003 SL No. 198 pts 1, 3 notfd gaz 29 August 2003 pp 1443–4 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 SL No. 302 notfd gaz 28 November 2003 pp 1032–5 commenced on date of notification Community Services Legislation Amendment Regulation (No. 3) 2003 SL No. 384 pts 1, 3 notfd gaz 23 December 2003 pp 1325–6 commenced on date of notification Local Government (Community Government Areas) Regulation 2004 SL No. 319 ss 1–2, 23 sch 1 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Community Services (Torres Strait) Amendment Regulation (No. 1) 2007 SL No. 4 notfd gaz 2 February 2007 pp 533–4 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 2) 2007 SL No. 71 notfd gaz 27 April 2007 pp 1887–90 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 3) 2007 SL No. 182 notfd gaz 27 July 2007 pp 1645–6 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 4) 2007 SL No. 183 notfd gaz 27 July 2007 pp 1645–6 ss 1–2 commenced on date of notification
131 Community Services (Torres Strait) Regulation 1998 s 4 commenced 4 August 2007 (see s 2) remaining provisions commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 5) 2007 SL No. 335 notfd gaz 14 December 2007 pp 2131–5 commenced on date of notification 6 List of annotations Meaning of “conclusion” of election for Island council s 3 om 2003 SL No. 384 s 10 Membership of Island councils s 4 amd 2000 SL No. 5 s 18 Saibai Island council to have 7 councillors s 4A ins 2000 SL No. 5 s 19 Proposal to decide other number of councillors s 5 amd 2000 SL No. 5 s 20 Resolution of Island council s 6 amd 2000 SL No. 5 s 21 Petition by electors of area s 7 amd 2000 SL No. 5 s 21 Minister to make decision about resolution or petition s 8 amd 2000 SL No. 5 s 21 Change in membership takes effect at next quadrennial election prov hdg amd 2000 SL No. 5 s 21 s 9 amd 2000 SL No. 5 s 21 Qualifications for councillors s 10 amd 2000 SL No. 5 s 22; 2000 SL No. 49 s 5 Disqualification of councillors s 11 amd 2000 SL No. 5 s 23; 2003 SL No. 198 s 8; 2004 SL No. 319 s 23 sch 1 Term of office as appointed councillor s 12 amd 2000 SL No. 5 s 21 When councillor’s office becomes vacant s 13 amd 2000 SL No. 5 s 21 Filling of earlier vacancies by by-election s 14 amd 2000 SL No. 5 s 21 Membership of Island councils s 16 amd 2000 SL No. 5 s 24 Duration of appointment of chairperson s 17 amd 2000 SL No. 5 s 21
132 Community Services (Torres Strait) Regulation 1998 Office of chairperson may be declared vacant s 19 amd 2000 SL No. 5 s 25 Resolution of Island council s 22 amd 2000 SL No. 5 s 21 Petition by electors of area s 23 amd 2000 SL No. 5 s 21 Direct election of chairperson takes effect at next election s 25 amd 2000 SL No. 5 s 21 Post-election meetings s 27 amd 2000 SL No. 5 s 21 Procedure at meetings s 33 amd 2000 SL No. 49 s 6 Public notice of resolution authorising remuneration s 42 amd 2003 SL No. 198 s 9 Community funds s 44 amd 2002 SL No. 85 s 27 Approved forms for annual financial statements s 49 amd 2000 SL No. 5 s 26; 2003 SL No. 198 s 10 Appointment of chairperson and deputy chairperson s 58 amd 2000 SL No. 5 s 21 PART 10—ISLAND COUNCIL AREAS pt hdg ins 2000 SL No. 5 s 28 Declaration of council areas—Act, s 14 s 64A ins 2000 SL No. 5 s 28 PART 10A—COMMUNITY JUSTICE GROUPS pt hdg ins 2003 SL No. 302 s 5 Establishment of community justice groups—Act, s 84(1) s 64B ins 2003 SL No. 302 s 5 Criminal history checks s 64C (prev s 64B) ins 2003 SL No. 74 s 5 renum 2003 SL No. 302 s 4 PART 11—MISCELLANEOUS pt hdg prev pt 11 hdg exp 26 June 1998 (see s 68) pres pt 11 hdg (prev pt 10 hdg) renum 2000 SL No. 5 s 27 reloc 2003 SL No. 302 s 3 Appointment of financial controller—Mer Island council s 65A ins 2007 SL No. 4 s 3 amd 2007 SL No. 183 s 4 Appointment of financial controller—Badu Island council s 65B ins 2007 SL No. 71 s 3 sub 2007 SL No. 182 s 3
133 Community Services (Torres Strait) Regulation 1998 Appointment of financial controller—Saibai Island council s 65C ins 2007 SL No. 183 s 5 Appointment of financial controllers—Dauan Island council s 65D ins 2007 SL No. 335 s 3 PART 12—TRANSITIONAL PROVISIONS pt hdg ins 2000 SL No. 5 s 29 amd 2003 SL No. 302 s 6 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 s 66 prev s 66 exp 26 June 1998 (see s 68) pres s 66 ins 2000 SL No. 5 s 29 Transitional provision for Saibai Island council s 67 prev s 67 exp 26 June 1998 (see s 68) pres s 67 ins 2000 SL No. 5 s 29 Transitional provision for CommunityServices(TorresStrait)AmendmentRegulation (No. 1) 2003 s 68 prev s 68 exp 26 June 1998 (see s 68) pres s 68 ins 2003 SL No. 302 s 7 SCHEDULE 1—ELECTIONS sub 1998 SL No. 274 s 5 PART 1—GENERAL Quadrennial elections prov hdg sub 2000 SL No. 5 s 30(1) s 266 amd 2000 SL No. 5 s 30(2) Types of elections s 267 amd 2000 SL No. 5 s 31 Date of quadrennial elections prov hdg sub 2000 SL No. 5 s 32(1) s 269 amd 2000 SL No. 5 s 32(2) Date of by-elections s 270 amd 2002 SL No. 85 s 29 Clerk is returning officer s 272 amd 2002 SL No. 85 s 28 PART 3—VOTERS ROLL Returning officer must compile voters roll s 275 amd 2000 SL No. 5 s 33 Cut-off day for voters roll s 277 amd 2000 SL No. 5 ss 28, 34 Requirements of voters roll s 279 amd 2000 SL No. 5 s 35
134 Community Services (Torres Strait) Regulation 1998 PART 6—CONDUCT OF ELECTIONS Qualification for nomination s 298 amd 2002 SL No. 85 s 30 Division 4—Nominations of candidates for election div hdg amd 2000 SL No. 5 s 36 Who may nominate s 302 amd 2002 SL No. 85 ss 28, 31 How and when nomination is given s 303 amd 2000 SL No. 5 s 37 Certificate of returning officer s 306 amd 2002 SL No. 85 s 28 Display of nominations s 307 amd 2002 SL No. 85 s 32 Procedure if number of candidates not more than number required s 310 amd 2000 SL No. 5 s 38 Procedure if number of candidates exceeds number required s 311 amd 2002 SL No. 85 s 28 Disposal of nomination fees generally s 314 amd 2000 SL No. 5 s 39 Extension of times s 316 amd 2002 SL No. 85 s 28 Polling booths—general s 319 amd 2002 SL No. 85 s 28 Provision of ordinary polling booths s 320 amd 2002 SL No. 85 s 28 Requirements of ballot papers s 325 amd 2000 SL No. 5 s 40; 2002 SL No. 85 ss 28, 33 Separate ballot papers for separate polls s 326 amd 2000 SL No. 5 s 41; 2002 SL No. 85 s 34 Order of listing of candidates’ names s 327 amd 2002 SL No. 85 s 28 Distribution of ballot papers s 328 amd 2002 SL No. 85 s 28 Who may vote s 334 amd 2003 SL No. 198 s 11 Procedure for voting at a polling booth s 336 amd 2002 SL No. 85 s 28 Duties of issuing officer for returned papers s 337 amd 2002 SL No. 85 s 28
135 Community Services (Torres Strait) Regulation 1998 Arrangements for electors with disability s 338 amd 2002 SL No. 85 ss 28, 35 Arrangements for electors at institutions s 339 amd 2002 SL No. 85 s 28 Help for electors in voting s 341 amd 2002 SL No. 85 s 28 Who may cast a declaration vote s 343 amd 2002 SL No. 85 s 36 How declaration vote is cast s 346 amd 2002 SL No. 85 s 28 Distribution of ballot papers to certain electors who may cast declaration vote s 346A ins 2000 SL No. 5 s 42 Distribution of ballot papers to other electors who may or must cast declaration vote prov hdg amd 2002 SL No. 85 s 37(1) s 347 amd 2002 SL No. 85 ss 28, 37(2)–(3) How declaration vote may be cast at a polling booth s 348 amd 2002 SL No. 85 s 28 Record of ballot papers given to postal voters s 350 amd 2002 SL No. 85 s 28 Casting a declaration vote by post s 351 amd 2002 SL No. 85 ss 28, 38 Declaration voting before polling day s 352 amd 2002 SL No. 85 ss 28, 39; 2003 SL No. 198 s 12 Distribution of declaration envelopes when separate ballot papers or polls on same day s 353 amd 2000 SL No. 5 s 43 Use of replacement ballot papers s 356 amd 2002 SL No. 85 s 28 Effect of ballot papers—first-past-the-post voting s 358 amd 2002 SL No. 85 ss 28, 40 Posted vote presumed valid until contrary proved s 359 amd 2002 SL No. 85 s 28 Ballot paper partly formal and partly informal s 361 amd 2002 SL No. 85 s 28 Preliminary counting by presiding officer s 363 amd 2002 SL No. 85 ss 28, 41 Preliminary processing of declaration votes by returning officer—postal ballot election) s 363A ins 2002 SL No. 85 s 42
136 Community Services (Torres Strait) Regulation 1998 Preliminary processing of declaration votes by returning officer ( words omitted ) prov hdg amd 2002 SL No. 85 s 43(1) s 364 amd 2002 SL No. 85 s 43(2)–(3) Procedure for processing declaration envelopes s 365 amd 2002 SL No. 85 ss 28, 44 Official counting of votes s 366 amd 2002 SL No. 85 s 28 Treatment of ballot paper to which objection is made s 367 amd 2002 SL No. 85 s 28 Counting of votes for first-past-the-post system s 369 amd 2002 SL No. 85 s 28; 2003 SL No. 198 s 13 List of electors failing to vote s 374 amd 2002 SL No. 85 s 28 Recording response to notice s 377 amd 2002 SL No. 85 s 28 Evidentiary value of list under s 374 s 378 amd 2002 SL No. 85 s 28 Disposal of material resulting from election s 379 amd 2002 SL No. 85 s 28 Ballot papers as evidence s 380 amd 2002 SL No. 85 s 28 False or misleading statements s 383 amd 2002 SL No. 85 s 45 False, misleading or incomplete electoral documents s 384 amd 2002 SL No. 85 s 45 Bribery s 385 amd 2002 SL No. 85 s 45 Providing money for illegal payments s 386 amd 2002 SL No. 85 s 45 Improperly influencing electoral officers s 387 amd 2002 SL No. 85 s 45 Interfering with election right or duty s 388 amd 2002 SL No. 85 ss 45–46 Forging or uttering electoral papers s 389 amd 2002 SL No. 85 s 45 Wilful neglect etc. of electoral officers s 390 amd 2002 SL No. 85 s 45 No record to be made of vote cast s 391 amd 2002 SL No. 85 s 45
137 Community Services (Torres Strait) Regulation 1998 Responsibility for election matter s 392 amd 2002 SL No. 85 ss 45, 47; 2003 SL No. 384 s 11 Distribution of how-to-vote cards s 392A ins 2002 SL No. 85 s 48 Headline to electoral advertisements s 393 amd 2002 SL No. 85 s 45 Misleading voters s 394 amd 2002 SL No. 85 s 45 Failure to vote s 395 amd 2002 SL No. 85 s 28 Leave to vote s 396 amd 2002 SL No. 85 s 45 Canvassing in or near polling booths s 397 amd 2002 SL No. 85 s 45 Interrupting voting etc. s 398 amd 2002 SL No. 85 s 45 Influencing voting s 399 amd 2002 SL No. 85 s 45 Voting if not entitled s 401 amd 2002 SL No. 85 s 45 Offences relating to ballot papers s 402 amd 2002 SL No. 85 ss 28, 45 Failure to deliver or post documents for someone else s 403 amd 2002 SL No. 85 s 45 Breach of confidentiality of vote s 404 amd 2002 SL No. 85 s 45 Breaking seals on parcels s 405 amd 2002 SL No. 85 ss 45, 49 Duty of witness to signing of declaration voting papers s 406 amd 2002 SL No. 85 ss 28, 46 PART 7—FRESH ELECTIONS Other provisions of schedule apply s 412 amd 2000 SL No. 5 s 21 SCHEDULE 1A—DECLARATION OF COUNCIL AREAS ins 2000 SL No. 5 s 44 sub 2002 SL No. 85 s 50 SCHEDULE 1B—SEISIA COMMUNITY JUSTICE GROUP ins 2003 SL No. 302 s 8 SCHEDULE 1C—BAMAGA COMMUNITY JUSTICE GROUP ins 2003 SL No. 302 s 8
138 Community Services (Torres Strait) Regulation 1998 SCHEDULE 2—DICTIONARY def “buway” ins 2000 SL No. 5 s 45(1) def “buway member” ins 2000 SL No. 5 s 45(1) def “clans” ins 2000 SL No. 5 s 45(1) def “conclusion” om 2003 SL No. 384 s 12 def “elders” ins 2000 SL No. 5 s 45(1) def “justice group” ins 2003 SL No. 203 s 9 def “pecuniary interest disclosure” amd 2000 SL No. 5 s 45(2); 2003 SL No. 198 s 14 def “relevant schedule” ins 2003 SL No. 203 s 9 © State of Queensland 2008
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