Electricity Commission Act 1950 Electricity Commission (Elections) Regulation 1994 (1994-462) [GG No 111 of 31.8.1994] (NSW)
1994—No. 462
ELECTRICITY COMMISSION ACT 1950—REGULATION
(Electricity Commission (Elections) Regulation 1994)
NEW SOUTH WALES
[Published in Gazette No. 111 of 31 August 1994]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Electricity Commission Act 1950, has been pleased to make the Regulation set forth hereunder.
TED PICKERING
Minister for Energy.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Electricity Commission
(Elections) Regulation 1994.
Commencement
2. This Regulation commences on 1 September 1994.
Definitions
3. (1) In this Regulation:
“close of nominations”, in relation to an election, means the final
time and date fixed by the returning officer for the close of
nominations in the election;
“close of the ballot”, in relation to an election, means the final time and date fixed by the returning officer for the close of the ballot in the election;
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“General Manager” means the General Manager of the Electricity
Commission;
“election” means an election of a person to hold office as the commissioner referred to in clause 2 (1) (c) of Schedule 6 to the Act;
“the Act” means the Electricity Commission Act 1950.
(2) In this Regulation, a reference to a Form is a reference to a Form
set out in Schedule 1.
PART 2—CALLING OF ELECTION
Notice of election
4. (1) As soon as practicable after being notified by the Minister that an election is required to be held, the returning officer:
(a)
must cause to be published in the Gazette, and in at least 1 daily newspaper circulating throughout New South Wales, a notice calling for the nomination of candidates for the election; and
(b)
must notify the General Manager in writing that an election is to be held and of the times and dates for the close of nominations and the close of the ballot, as stated in the notice published under paragraph (a).
(2) The notice referred to in subclause (1) (a):
(a) must state that an election is to be held; and
(b) must call for the nomination of candidates; and
(c)
must fix the times and dates for the close of nominations and the close of the ballot; and
(d) must state the places where nominations may be lodged.
(3) The close of nominations is to be not earlier than 21 days, and not
later than 28 days, after the date on which the notice is first published.
(4) The close of the ballot is to be not earlier than 28 days after the
close of nominations.
Extension of time
5. (1) The returning officer may, by a notice in a form similar to, and published in the same manner as, the notice calling for the nomination of candidates, postpone (for a period not exceeding 14 days) the close of nominations or the close of the ballot.
(2) The power conferred by this clause on the returning officer may be exercised more than once in respect of an election.
1994—No. 462
PART 3—NOMINATIONS
Nomination of candidates
6. (1) A nomination of a candidate:
(a) must be in Form 1; and
(b) must contain a statement, signed by the candidate, stating that he or she consents to the nomination and will act as a commissioner of the Electricity Commission if elected; and (c) must be lodged with the returning officer before the close of nominations. (2) A nomination must contain the full name, residential address and signature of each person by whom the nomination is made.
(3) The returning officer must reject any nomination received by the returning officer after the close of nominations.
(4) For the purposes of clause 3 (5) (c) of Schedule 6 to the Act, the industrial unions or associations specified in Schedule 2 to this Regulation are prescribed as industrial unions or associations representing employees of the Electricity Commission.
Withdrawal of nomination
7. A candidate who has been nominated in an election may, by notice in writing given to the returning officer, withdraw the nomination at any time before the close of nominations.
Uncontested election
8. If, by the close of nominations, 1 person only has been duly nominated as a candidate, that person is elected.
Contested election
9. If, by the close of nominations, 2 or more persons have been duly nominated as candidates, a ballot is to be held.
Candidate information sheet
10. (1) A candidate may, at any time before the close of nominations, submit to the returning officer a statutory declaration in Form 2 containing information intended for inclusion in a candidate information sheet.
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(2) If a ballot is to be held, the returning officer is to draw up a candidate information sheet consisting of the information in the statutory declarations submitted by candidates.
(3) The returning officer may, in drawing up a candidate information sheet, omit so much of the information contained in a candidate’s statutory declaration as the returning officer considers:
(a) to be false or misleading; or
(b)
to be inappropriate for inclusion in the candidate information sheet; or
(c)
to exceed the maximum amount of information that is suitable for inclusion in the candidate information sheet.
PART 4—THE BALLOT
The electoral roll
11. (1) As soon as practicable after it becomes apparent that a ballot must be held for an election, the returning officer must notify the General Manager:
(a) that a ballot is to be held for the election; and
(b) that an electoral roll for the election is required.(2) The Secretary must provide the returning officer with:
(a) a roll containing the full names (consecutively numbered and listed in alphabetical order) and residential addresses of all of the employees of the Electricity Commission; and (b) an appropriately addressed label, or an appropriately addressed envelope, for each person whose name is included in that roll.
(3) The electoral roll must be certified by the Secretary in accordance with Form 3.
(4) This clause does not apply to an election to be held as a
consequence of an earlier election which has failed if an electoral roll for
the earlier election has already been provided to the returning officer.
Printing of ballot-papers, directions to voters etc.
12. (1) If a ballot is to be held, the returning officer:
(a)
must determine the order in which the candidates’ names are to be listed on the ballot-paper by means of a ballot held in accordance with the procedure prescribed for the purposes of section 82A of the Parliamentary Electorates and Elections Act 1912; and
1994—No. 462
(b)
must cause sufficient ballot-papers to be printed so that a ballot-paper can be sent to each employee of the Electricity Commission; and
(c)
if a candidate information sheet has been drawn up, must cause sufficient copies of it to be printed so that a copy can be sent to each employee of the Electricity Commission.
(2) The ballot-paper must contain:
(a)
the names of the candidates, arranged in the order determined in accordance with subclause (1) (a), with a small square opposite each name; and
(b)
if the returning officer considers that the names of 2 or more candidates are so similar as to cause confusion, such other matter as the returning officer considers will distinguish between the candidates; and
(c)
such directions as to the manner in which a vote is to be recorded and returned to the returning officer as are required by subclause (3); and
(d)
such further directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.
(3) The directions to voters must include the following:
that the voter must record a vote for at least 1 candidate by placing the number “1” in the square opposite the name of the candidate for whom the voter wishes to give his or her first preference; and
number "2") in the squares opposite the names of the additional candidates by placing consecutive numbers (beginning with the that the voter may, but is not required to, vote for additional candidates in the order of the voter's preferences for them. Distribution of ballot-papers
13. The returning officer must, as soon as practicable after the printing of the ballot-papers, send to each employee of the Electricity Commission:
(a)
a ballot-paper that is initialled by the returning officer (or by a person authorised by the returning officer) or that bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912; and
1994—No. 462
(b)
an unsealed envelope addressed to the returning officer and bearing on the back the words “FULL NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature; and
(c) if applicable, a candidate information sheet.
Duplicate ballot-papers
14. (1) The returning officer may, at any time before the close of the ballot, issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:
(a)
that the original ballot-paper has been spoilt, lost or destroyed; and
(b)
that the person has not already voted in the election to which the ballot-paper relates.
(2) The returning officer is to maintain a record of all duplicate
ballot-papers issued under this clause.
Recording of vote
15. In order to vote at an election, a voter:
(a)
must record a vote on the ballot-paper in accordance with the directions shown on it; and
(b)
must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer; and
(c) must seal the envelope; and
(d)
must complete the person’s full name and address on, and must sign, the back of the envelope; and
(e)
must return the envelope to the returning officer so as to be received before the close of the ballot.
PART 5—THE SCRUTINY
Receipt of ballot-papers
16. (1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.
1994—No. 462
(2) The returning officer must examine the name on the back of each remaining envelope and:
(a)
must accept the ballot-paper in the envelope, if satisfied that a person of that name is an employee of the Electricity Commission; or
(b)
must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.
(3) The returning officer may reject a ballot-paper without opening the
envelope if, after making such inquiries as the returning officer thinks fit:
(a)
the returning officer is unable to identify the signature on the back of the envelope; or
(b)
it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
Ascertaining result of ballot
17. The result of a ballot is to be ascertained by the returning officer as soon as practicable after the close of the ballot.
Scrutineers
18. (1) Each candidate is entitled to appoint a scrutineer to represent the candidate at all stages of the scrutiny.
(2) A candidate who appoints a scrutineer must cause written notice of the appointment to be given to the returning officer.
Scrutiny of votes
19. (1) The scrutiny of votes is to be conducted as follows:
containing the ballot-papers accepted for scrutiny;(a) the returning officer is to produce, unopened, the envelopes (b) the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box; (c) when the ballot-papers from all such envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot-box and remove the ballot-papers; (d)
the returning officer is then to examine each ballot-paper and reject those that are informal;
(e)
the returning officer is then to proceed to count the votes and ascertain the result of the election.
1994—No. 462
(2) At the scrutiny of votes, a ballot-paper must be rejected as informal:
(a)
if it is neither initialled by the returning officer (or a person authorised by the returning officer) nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912; or
(b)
if it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it; or
(c)
if it has not been completed in accordance with the directions shown on it.
(3) However, a ballot-paper is not to be rejected as informal:
(a) merely because of any mark or writing on it which is not authorised or required by this Regulation (unless it is a mark or writing referred to in subclause (2) (b)) if the returning officer considers that the voter’s intention is clearly indicated on the ballot-paper; or (b) if the voter has recorded a vote by placing in a square the number “1”: (i) merely because the same preference (other than a first preference) has been recorded on the ballot-paper for more than one candidate; or
(ii) merely because there is a break in the order of preferences recorded on the ballot-paper.
Counting the votes
20. (1) The method of counting the votes is to be as set out in Part 2 of the Seventh Schedule to the Constitution Act 1902.
(2) For the purpose of applying the provisions of that Part to the election, a reference in those provisions to the returning officer is taken to be a reference to the returning officer under this Regulation.
Notification of result of election
21. As soon as practicable after the votes have been counted, the returning officer:
(a)
must notify the Minister in writing of the name of the candidate elected; and
(b)
must cause notice of the election of the candidate to be published in the Gazette.
1994—No. 462
PART 6—MISCELLANEOUS
Returning officer’s decision final
22. If the returning officer is by this Regulation permitted or required to make a decision on any matter relating to the taking of a ballot, the decision of the returning officer on that matter is final.
Death of candidate
23. If a candidate dies after the close of nominations and before the close of the ballot:
(a)
the returning officer is to cause notice of the death to be published in the Gazette; and
(b)
all proceedings taken after the Minister notified the returning officer that the election was required to be held are of no effect and those proceedings must again be taken.
Offences
24. A person must not:
(a) vote, or attempt to vote, more than once in an election; or
(b)
vote, or attempt to vote, in an election in which the person is not entitled to vote.
Maximum penalty: 1 penalty unit.
Repeal
25. (1) The Electricity Commission (Elections) Regulation 1982 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Electricity Commission (Elections) Regulation 1982, had effect under that Regulation is taken to have effect under this Regulation.
1994—No. 462
SCHEDULE 1—FORMS
Form 1
(Cl. 6)
NOMINATION OF CANDIDATE
(ELECTRICITY COMMISSION ACT 1950)
| We | nominate | ................................................................................................... |
(name in full)
| of | .................................................................................................................... |
(postal address)
as a candidate for the following election ...........................................................
.......................................................................................................................
.......................................................................................................................
(specify the election to which the nomination relates)
We declare that we are each employees of the Electricity Commission.
Name in full Address Signature
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
CONSENT TO NOMINATION
| I, | ................................................................................................................... |
consent to being a candidate for the election to which this nomination relates and do
solemnly and sincerely declare that I am a member of ......................................
.......................................................................................................................
(name of industrial union or association)
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.
| Declared at | ............................... | this |
| ............... | day of | .............. | 19 | ........ |
| before me: | ........................................................ |
| ........................................................ | (Signature) |
Justice of the Peace
1994—No. 462
Form 2
(Cl. 10)
STATUTORY DECLARATION
(ELECTRICITY COMMISSION ACT 1950)
I, .................................................... of ..................................................... do solemnly and sincerely declare that:
1. My date of birth is ................................................................................. 2. I am employed by the Electricity Commission as ......................................
.......................................................................................................................
(specify nature of employment)
3. I hold the following qualifications (academic/trade/professional): ..................
.......................................................................................................................
4. I am a member of the following organisations: ..........................................
.......................................................................................................................
5. I hold the following offices (other than employment): ................................
.......................................................................................................................
6. ...............................................................................................................
.......................................................................................................... (See note) And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.
Declared at ................................ this
............... day of .............. 19 ....... , ........................................................ before me: (Signature) ........................................................
Justice of the PeaceNOTE: A candidate may include further information relating to the candidacy. The
information should not exceed 4 lines of typescript.
1994—No. 462
Form 3
(CI. 11)
CERTIFICATE
(ELECTRICITY COMMISSION ACT 1950)
I certify that this roll contains the full names (consecutively numbered and listed in
alphabetical order) and addresses of all of the employees of the Electricity Commission.
The first and last entries in the roll are as follows:
| First | entry | No.: | ......................................... | Name: | ......................................... |
| Address: | ......................................................................................................... |
| Last | entry | No.: | ......................................... | Name: | .......................................... |
| Address: | ......................................................................................................... |
| Dated: | ............................................. | Signed: | ............................................. |
...........................
General Manager.
SCHEDULE 2—INDUSTRIAL UNIONS OR ASSOCIATIONS
REPRESENTING EMPLOYEES O F THE COMMISSION (Cl. 6)
Australasian Transport Officers’ Association
Association of Railway Professional Officers of Australia
New South Wales Public Service Professional Officers’ Association
Australian Institute of Marine and Power Engineers (Employees), Sydney District
Electricity Supply Professional Officers’ Association
The Professional Officers’ Association of New South Wales
The Association of Professional Engineers, Australia
The Amalgamated Metal Workers’ and Shipwrights’ Union
Australasian Society of Engineers
Building Workers’ Industrial Union of Australia, New South Wales Branch
Electrical Trades Union of Australia, New South Wales Branch
The Federated Engine Drivers’ and Firemen’s Association of Australasia (New South
Wales)
The Federated Ironworkers’ Association of Australia. New South Wales Division Federated Liquor and Allied Industries Employees’ Union of Australia, New South
Wales Branch
The Federated Miscellaneous Workers’ Union of Australia, New South Wales Branch
1994—No. 462
Federated Municipal and Shire Council Employees, Union of Australia, New South
Wales Division
The Operative Painters and Decorators, Union of Australia, New South Wales
Branch
The New South Wales Plumbers and Gasfitters Employees' Union
Public Service Association of New South Wales
New South Wales Branch, Australian Railways, Union
The Federated Storemen and Packers' Union of Australia, New South Wales Branch
Transport Workers' Union of Australia, New South Wales Branch
The Australian Workers' Union, New South Wales BranchNational Union of Railwaymen of Australia, New South Wales Branch
NOTES
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement3. Definitions
PART 2—CALLING OF ELECTION
4. Notice of election 5. Extension of time
PART 3—NOMINATIONS
6. Nomination of candidates
7. Withdrawal of nomination
8. Uncontested election
9. Contested election10. Candidate information sheet
PART 4—THE BALLOT
11. The electoral roll
12. Printing of ballot-papers, directions to voters etc.
13. Distribution of ballot-papers
14. Duplicate ballot-papers15. Recording of vote
PART 5—THE SCRUTINY
16. Receipt of ballot-papers
17. Ascertaining result of ballot
1994—No. 462
18. Scrutineers
19. Scrutiny of votes
20. Counting the votes
21. Notification of result of election
PART 6—MISCELLANEOUS
22. Returning officer’s decision final
23. Death of candidate
24. Offences
25. Repeal
SCHEDULE 1—FORMS
SCHEDULE 2–—INDUSTRIAL UNIONS OR ASSOCIATIONS
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, without any significant changes, the provisions of the Electricity Commission (Elections) Regulation 1982. That Regulation makes provision with respect to the election of one of the members of the Electricity Commission constituted under the Electricity Commission Act 1950. The new Regulation contains provisions with respect to the following matters:
(a) the calling of elections (Part 2);
(b) the nomination of candidates for an election (Part 3);(c) the conduct of the ballot in an election (Part 4);
(d)
the counting of the votes in an election, in accordance with an optional preferential system (Part 5);
(e) other matters of a minor, consequential or ancillary nature (Parts 1 and 6).
This Regulation is made under the Electricity Commission Act 1950, including
section 87 (the general regulation making power) and clauses 2 and 3 of Schedule 6.
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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