Local Government Act 1993 - Local Government (Elections) Amendment (Political Parties and County Councils) Regulation 2000 (2000-438) [GG No 103 of 11.8.2000, p 7547] (NSW)

2000 No 438

Local Government (Elections) New South Wales

Amendment (Political Parties and

County Councils) Regulation 2000

under the

Local Government Act 1993

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993.

HARRY WOODS, M.P.,

Minister for Local Government

Explanatory note
Section 320 (2) of the Local Government Act 1993 provides that political parties may be registered for the purposes of that Act in accordance with the procedure applicable under Part 4A of the Parliamentary Electorates and Elections Act 1912 subject to certain modifications set out in that subsection and such other modifications as may be prescribed by the regulations.
Clause 1 (a) of Schedule 4 to the Local Government (Elections) Regulation 1998 requires an election for chairperson of a county council to be held at the first meeting of the county council after an ordinary election for members of the county council. Clause 1 (2) of Schedule 5 to that Regulation requires elections of members to county councils to be held within two months of the ordinary election of councillors under Chapter 10 of the Local Government Act 1993.
The object of this Regulation is to amend the Local Government (Elections)

Regulation 1998:

(a)	to modify certain provisions of Part 4A of the Parliamentary Electorates and Elections Act 1912 (namely sections 66D (1) and 66H (2) (b)) to allow a member of a political party who is a member of a council to make an
Published in Gazette No 103 of 11 August 2000, page 7547	Page 1
[4]
2000 No 438
Local Government (Elections) Amendment (Political Parties and County Councils) Regulation 2000
Explanatory note

application to register the political party or to change the political party’s registered officer as recorded in the Local Government Register of Political Parties, and

(b)

to clarify that a new election for the chairperson of a county council is not required to be held:

(i)	following the first election of councillors for a newly amalgamated local government area (where that election is taken to be an ordinary election of councillors), and
(ii)	where a constituent council of that county council has held an election for councillors that has been postponed in accordance with Division 2C of Part 1 of Chapter 9 of the Local Government Act 1993.

This Regulation also makes a law revision amendment to update a cross-reference
to the Election Funding Regulation 1999.
This Regulation is made under the Local Government Act 1993, including sections
320 (2) (h) and 748 (the general regulation-making power).

2000 No 438

Local Government (Elections) Amendment (Political Parties and County	Clause 1
Councils) Regulation 2000

Local Government (Elections) Amendment (Political
Parties and County Councils) Regulation 2000

1     Name of Regulation

This Regulation is the Local Government (Elections) Amendment
(Political Parties and County Councils) Regulation 2000.

2 Amendment of Local Government (Elections) Regulation 1998

The Local Government (Elections) Regulation 1998 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2000 No 438

Local Government (Elections) Amendment (Political Parties and County

Councils) Regulation 2000

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 2)

[1]     Clause 123A

Insert after clause 123:

123A Modification of Parliamentary Electorates and Elections Act

1912—registration of political parties

Pursuant to section 320 (2) (h) of the Act, Part 4A of the Parliamentary Electorates and Elections Act 1912 is modified by reading the references to the secretary of the party in sections 66D (1) and 66H (2) (b) as including references to a member of the party who is a member of a council.

[2]     Schedule 4 Election of chairpersons of county councils

Insert at the end of clause 1:

(2) In subclause (1) (a), ordinary election of members of the county council does not include an election held in accordance with clause 1 (2) of Schedule 5 to this Regulation:

(a)

after the first election of councillors for a newly amalgamated area that is:

(i)	held in accordance with a proclamation made for the purposes of Division 2A of Part 1 of Chapter 9 of the Act, and
(ii)	taken by that proclamation to be an ordinary election of councillors, or

(b)

after an ordinary election of councillors for an area that has been postponed in accordance with the provisions of Division 2C of Part 1 of Chapter 9 of the Act.

[3] Schedule 7 Application of Election Funding Act 1981

Omit “clauses 28–32 of the Election Funding Regulation 1994” from
clause 3.
Insert instead “clauses 30–34 of the Election Funding Regulation 1999”.

BY AUTHORITY