Local Government Act Amendment Act 1984 (Qld)

437 (l ueextslanb ANNO TRICESIMO TERTIO ELIZA ET AE SECU ND AE REGINAE No0 42 of 1984 An Act to a m end the Local Government Act 1936-1983 in certain p art iculars [ASSENTED TO 9TH MAY, 1984]

438 Local Government Act Amendment Act 1984, No. 42 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. Short title and citation . This Act may be cited as the Local Government Act Amendment Act 1984. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or'days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Citation . (1) In this Act the Local Government Act 1936-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1984. 4. Amendment of s. 6. Constitution of Local Authorities. Section 6 of the Principal Act is amended by, in subsection (1)- (a) omitting from paragraph (i) all words from and including " It is declared " to and including " for each division." and substituting the following words:- " If the Town is divided into divisions for the purposes of Part IV only of this Act, the number of members excluding the chairman shall in like manner from time to time be assigned to each division. The number so assigned need not be the same for each division."; (b) omitting from paragraph (ii) all words from and including " If the Shire " to and including " for each division." and substituting the following words:- " If the Shire is divided into divisions for the purposes of Part IV only of this Act, the number of members excluding the chairman shall in like manner from time to time be assigned to each division. The number so assigned need not be the same for each division."; (c) omitting from paragraph (ii) all words from and including " The chairman-" to the end of the subsection and substituting the following words:- ,, The chairman of a Shire shall be a member and a councillor by virtue of his office.". 5. Amendment of s. 7. Qualification and election of chairman and members . Section 7 of the Principal Act is amended by- (a) omitting subsection (5) and substituting the following subsection :- " (5) Voters. The chairman shall be elected by the electors of the Area.

Local Government Act Amendment Act 1984, No. 42 439 If the Area is not divided, the other members shall be elected by the electors of the Area. If the Area is divided, the other members shall be elected for each division by the electors of that division."; (b) in subsection (7), omitting from the second proviso to paragraph (i) the words " the proviso to subsection three of section nineteen of the Elections Act " and substituting the words " section 21 (5) of the ElectionsAct1983 "; (c) in subsection (8), omitting paragraph (iii) and substituting the following paragraph:- (iii) Each triennial election shall be for the election of the chairman and the whole number of members of which the Council constituting the Local Authority is comprised."; (d) in subsection (10), omitting from paragraph (ii) the words " other than a Town in respect of which a direction of the Governor in Council pursuant to subsection (5) (b) that the chairman shall be appointed by the members from amongst their number is current ". 6. Application of ss . 4 and 5. Where, at the time of commencement of sections 4 and 5 of this Act, there exists a direction by the Governor in Council pursuant to section 7 (5) (b) of the Principal Act that the chairman of a Local Authority be appointed by the members from amongst their number, the provisions of sections 6 and 7 of the Principal Act shall apply to that Local Authority until the conclusion of- (a) the triennial election; (b) any fresh election held pursuant to a direction given under section 4 (9) of the Principal Act; or (c) any fresh election held pursuant to a direction given under section 4 (9A) or 8 of the Principal Act (which direction requires the chairman to go out of office), whichever firstly occurs, next following the commencement of sections 4 and 5 of this Act: Provided that the provisions of sections 6 and 7 of the Principal Act as amended by sections 4 and 5 of this Act shall apply to that Local Authority for the purposes of such election. 7. Amendment of s. 11. Powers and duties of chairman . Section 11 of the Principal Act is amended by, in subsection (1), omitting the words " twenty pounds " and substituting the expression " $1000 ". 8. Amendment of s. 19. Contracts. Section 19 of the Principal Act is amended by adding at the end of the section the following subsections:- " (8) If, pursuant to subsection (4), Local Authorities are required to invite tenders for contracts for the purchase by them of goods or materials, those Local Authorities may agree to jointly invite tenders for contracts for the purchase by them of those goods or materials.

440 Local Government Act Amendment Act 1984, No. 42 (9) If, pursuant to subsection (4), Local Authorities are required to invite quotations for contracts for the purchase by them of goods or materials, those Local Authorities may agree to jointly invite quotations for contracts for the purchase by them of those goods or materials. (10) The provisions of subsection (4) shall be observed by Local Authorities when inviting, considering and accepting tenders mentioned in subsection (8) or quotations mentioned in subsection (9)..". 9. Amendment of s. 23. Funds. Section 23 of the Principal Act is amended by- (a) in subsection (2), adding at the end of subparagraph (h) of paragraph (ii) after the word " sum ", the following expression and subparagraph:- 4C ; (i) In the discretion of the Local Authority, the transfer of moneys to a loan fund established for the purposes of a loan in respect of which interest and redemption payments are being defrayed from the general fund in order to meet- (A) a deficiency or part of a deficiency in the loan fund; (B) the cost of works being defrayed from the loan fund " ; (b) in subsection (7)- (i) omitting the word " and " where it occurs between subparagraphs (a) and (b) of paragraph (ii); (ii) adding at the end of subparagraph (b) of paragraph (ii) after the word " fund " the following expression and subparagraph:- " ; and (c) in the discretion of the Local Authority, to the transfer of moneys to a loan fund established in respect of a loan borrowed for the purpose of works connected with the function of sewerage in order to meet- (A) a deficiency or part of a deficiency in the loan fund; (B) the cost of works being defrayed from the loan fund "; (c) in subsection (9) omitting paragraph (i) and substituting the following paragraph:- " (i) Each loan fund shall consist of- (a) all moneys received by way of loan in respect of the particular function of local government for which the loan was borrowed and any grant or subsidy received from the Treasurer towards the cost of that function; (b) all moneys transferred from the general fund, a sewerage fund or an undertaking fund pursuant to subsection (2), (7) or (10), respectively.";

Local Government Act Amendment Act 1984, No. 42 441 (d) in subsection (10), adding at the end of subparagraph (h) of paragraph (ii) after the word " year ", the following expression and subparagraph:- 44 . (i) In the discretion of the Local Authority, the transfer of moneys to a loan fund established in respect of a loan borrowed for the purpose of the particular undertaking in order to meet- (A) a deficiency or part of a deficiency in the loan fund; (B) the cost of works being defrayed from the loan fund ". 10. Amendment of s. 30. Local Authority charged with exercise and performance of functions of Local Government . Section 30 of the Principal Act is amended by- (a) in the subparagraph commencing with the words " Roads, pedestrian malls, bridges," inserting after the words " facilities to provide water and storage of food for stock during times of drought or other natural adversity;" the words " acquiring and storing water and food for stock at any time with a view to the sale and distribution of that water and food during times of drought or other natural adversity;"; (b) in the subparagraph commencing with the words " Advertising on roads ", omitting the words " itinerant vending on roads and land under the control of the Local Authority;". 11. Amendment of s. 31B. By- laws respecting fencing swimming pools. Section 31B of the Principal Act is amended by- (a) in subsection (1), inserting after the words " class to the swimming pool " the following expression and proviso:- 16 Provided that a Local Authority shall not have power (and it is hereby declared never had power) under this section to make a by-law requiring erection of fencing or other obstruction in respect of a swimming pool on, or to be erected on, private land used, or to be used, for the purposes of a tourist resort complex when that land is situated on an island located off the coast of Queensland and specified by the Governor in Council by Order in Council (he being hereby thereunto authorized) " ; (b) in subsection (2), inserting after the words " identified therein " the following expression and words:- if (c) the expression " tourist resort complex " means a development which operates as a single integrated facility providing all or substantially all the recreational and personal needs of guests residing at the complex and visitors to the complex ". 12. Amendment of s. 33. Town planning. Section 33 of the Principal Act is amended by- (a) in subsection (1), inserting in the definition of the term " Major shopping development " after the words " purpose of shops;" the 15

442 Local Government Act Amendment Act 1984, No. 42 words " the term also includes a hypermarket within the meaning of subsection (22c) (d);"; (b) inserting after subsection (6A) the following subsection:- " (6B) Approvals under by-law to use land etc. on recommendation of Minister . (a) The Governor in Council on the recommendation of the Minister may at any time and from time to time approve the use of land for any purpose or the erection or use for any purpose of a building or other structure on land where such use, or erection or use is regulated and controlled by a by-law made by the Local Authority pursuant to subsection 21 (b) notwithstanding the provisions of that by-law. (b) Before making a recommendation mentioned in paragraph (a) the Minister- (i) shall give public notice of his intention to make the recommendation by posting a notice- (A) where the land to which the recommendation will relate or apply (which land in this subsection is referred to as " the relevant land ") has no road alignment and forms part of any allotment or allotments having road alignment, on the land comprising that allotment or those allotments; (B) where the relevant land has no road alignment and comprises any allotment or allotments, on the land comprised in each adjoining allotment that has road alignment; (C) in any other case, on the relevant land; (ii) shall serve notice of his intention to make the recommendation- (A) where the relevant land comprises any allotment or allotments, on every owner of adjoining land; (B) where the relevant land comprises part of any allotment or allotments, on every owner of allotments adjoining the allotment or allotments of which that land forms part; (C) on the owner of the relevant land; and (iii) shall give public notice of his intention to make the recommendation by advertisement in a newspaper. (c) The public notice of intention to make the recommendation posted on land pursuant to paragraph (b) (i)- (i) shall be not less than 600 millimetres in height, not less than 0.6 square metres in area, and all lettering thereof shall be not less than 25 millimetres in height, and the notice shall be posted not more than 1.5 metres from each road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of 14 days terminating upon the expiration of the date specified in the notice

Local Government Act Amendment Act 1984, No. 42 443 as the date on or before which objections may be lodged, (which date, in this subsection, is referred to as " the last day for the receipt of objections "); (ii) shall state- (A) the postal address and real property description of the relevant land; (B) the area of the relevant land; (C) the length of road frontage (frontage to each road if more than one, to be shown separately); (D) the nature of the proposed use of the relevant land or building or other structure (whether existing or proposed) to which the intended recommendation relates; (E) where the intended recommendation relates to the erection of any building or other structure, the following particulars of such building or other structure: the dimensions and gross floor area; the number of storeys; (F) the number of motor vehicles for which parking provision is to be made on the relevant land; (G) the number of employees proposed to be engaged on the relevant land; (H) the nature of any machinery proposed to be used on the relevant land; (I) that particulars of the intended recommendation are open to inspection by any person at the office of the Department of Local Government on or before the last day for the receipt of objections; (J) that objections to the intended recommendation may be lodged with the Director of Local Government on or before the last day for the receipt of objections, specifying the date thereof; and (K) the requirements with respect to objections prescribed by paragraph (i); and (iii) shall, in the case of a notice to which provision (A) or (B) of paragraph (b) (i) applies, contain a sketch of the relevant land and the land on which the notice is required to be posted. (d) The advertisement in a newspaper pursuant to paragraph (b) (iii) shall be published at the same time as or within 7 days before notice of the intended recommendation is posted on land pursuant to paragraph (b) (i) and shall state- (i) the postal address of the relevant land; (ii) the nature of the proposed use of the relevant land or building or other structure (whether existing or proposed) to which the intended recommendation relates;

444 Local Government Act Amendment Act 1984, No. 42 (iii) that particulars of the intended recommendation are open to inspection by any person at the office of the Department of Local Government; (iv) that objections to the intended recommendation may be lodged with the Director of Local Government on or before the last day for the receipt of objections, specifying the date thereof. (e) The notice of intention required to be served pursuant to paragraph (b) (ii)- (i) shall be given at the same time as or within 7 days before notice of the intended recommendation is posted on land pursuant to paragraph (b) (i); (ii) shall be sufficiently served on an owner of land if it is sent by post addressed to him at his address as shown in the records of the Local Authority relating to the levying of rates; (iii) shall contain the information specified in paragraph (c) (ii) and, where applicable, paragraph (c) (iii). (f) Where the Minister has not such rights of access or of •er rights in respect of the land whereon a notice is required to°,be posted under paragraph (b) (i) as would enable the Minister to comply with the requirements of that paragraph, the Minister may, notwithstanding the provisions of any other law, post the notice on the road abutting the land as near as practicable to the road alignment of the land and so as to be legible by members of the public from the road. Where a notice is so posted, it shall be deemed for the purpose of this subsection to have been posted on the land abutting the road whereon it is posted within 1.5 metres from the road alignment and so as to be clearly visible from the road. (g) The Minister shall not be treated as having failed to comply with the requirements of paragraph (c) (i) if the notice required to be posted is, without his fault or intention removed, obscured or defaced before the period referred to in that paragraph has elapsed, so long as the Minister has taken reasonable steps for its protection and, if need be, replacement. (h) Where the Minister gives notice of his intended recommendation under this subsection, the Director of Local Government shall thereafter and at all times during which the office of the Department of Local Government is open for the conduct of public business on or before the last day for the receipt of objections to that intended recommendation, keep open for inspection particulars of the intended recommendation. (i) A person may, on or before the last day for the receipt of objections, make and lodge an objection to the intended recommendation notified under this subsection.

Local Government Act Amendment Act 1984, No. 42 445 An objection shall- (i) be in writing and signed by each person who makes the objection; (ii) be addressed to the Director of Local Government; (iii) state- (A) the name and address of each person who makes the objection; (B) the grounds of objection and the facts and circumstances relied on by the objector or objectors in support of those grounds; and (iv) be lodged with the Director of Local Government. (j) In making his recommendation to the Governor in Council under this subsection, the Minister shall have regard to every objection made and lodged as prescribed by paragraph (i). (k) The Governor in Council shall consider every recommendation made by the Minister under this subsection and may reject the recommendation or may approve of the recommendation wholly or in part. The power of the Governor in Council to approve of a recommendation in part includes power to make any such alteration or addition to it as the Governor in Council deems fit having regard to the recommendation and to the objections to it. (1) Where the Governor in Council approves of a recommendation by the Minister, it shall be lawful, in accordance with that approval, to use the land or erect or use a building or other structure on the land, the subject of the approval. The Governor in Council shall notify his approval by Order in Council. Such Order in Council shall describe so as to identify the postal address and real property description of the relevant land and the use of that land or the erection or use of a building or other structure on that land, as the case may be, approved by the Governor in Council. (m) All costs incurred by the Minister in respect of any recommendation made by him under this subsection shall, unless the Minister otherwise directs, be borne by the Local Authority and, for the purpose of the recovery of any unpaid amount thereof by the Treasurer from the Local Authority, shall be deemed to have been incurred in respect of a function of the Local Authority."; (c) in subsection (9), adding after the word " situated " where it occurs at the end of provision (a) the words " and, where the land is subject to the provisions of a strategic plan or a development control plan prepared pursuant to subsection (2A) or subsection (4), information to that effect "; (d) in subsection (18AA)- (i) omitting provision (A) from paragraph (f) (i);

446 Local Government Act Amendment Act 1984, No. 42 (ii) omitting from paragraph (f) (i) the expressions " (B) " and " (C) " and substituting the expressions " (A) " and " (B) " respectively; (e) in subsection (22B)- (i) omitting from paragraph (b) the words " this Act " where twice occurring and substituting the words " the Local Government Act andAnother Act Amendment Act1981 " in each case; (ii) omitting paragraph (c) and substituting the following paragraph:- " (c) A use of any land, building or other structure that, by reason of paragraph (b), is not prevented by paragraph (a) shall be deemed to constitute a lawful non-conforming use of the land, building or other structure in question under the town planning scheme in force in the Area or part of the Area in which the land, building or other structure is situated."; (f) adding at the end of subsection (22B) the following subsection:- " (22C) Restriction on use of land for hypermarket . (a) Subject to paragraph (b), notwithstanding anything contained in a town planning scheme in force in an Area, or part of an Area, any land, or any building or other structure on land, in the Area or part of the Area shall not be used as a hypermarket unless that land is included in the Special Facilities Zone and designated in red lettering on the relevant scheme map with the purpose " hypermarket ". (b) The provisions of paragraph (a) shall not prevent the use of any land, building or other structure as a hypermarket where the use in question was an existing lawful use of the land, building or other structure at the commencement of section 12 (f) of the Local Government Act Amendment Act 1984 or consent for the use in question was granted before the commencement of that section and the use is effected in conformity with that consent. (c) A use of any land, building or other structure that, by reason of paragraph (b), is not prevented by paragraph (a) shall be deemed to constitute a lawful non-conforming use of the land, building or other structure in question under the town planning scheme in force in the Area or part of the Area in which the land, building or other structure is situated. (d) In the application of paragraphs (a) and (b) the term " hypermarket " means a development that is comprised of or includes any building or other structure (or part thereof) to be erected or used primarily for the purpose of shops where that building or structure (or part)- (i) has a gross floor area exceeding 7000 square metres or such other area as the Governor in Council from time to time prescribes by regulation (he being hereby thereunto authorized); and

Local Government Act Amendment Act 1984, No. 42 447 (ii) is owned or leased by an owner or lessee who principally controls merchandising in respect of at least 80 per centum of those shops therein in or from which business is conducted by persons other than that owner or lessee. For the purposes of this definition, an owner or lessee principally controls merchandising in respect of shops if he principally controls- (iii) the supply of goods to those shops for sale in or from those shops or the price at which those goods are supplied; or (iv) the price at which goods are sold or services are provided in or from those shops.". 13. Amendment of s. 34. Subdivision of land. Section 34 of the Principal Act is amended by- (a) in subsection (12), omitting subparagraph (n) and substituting the following subparagraph:- (n) whether, in accordance with a by-law of the Local Authority, the applicant- (i) should be required to provide, by arrangement with the electric authority, for the undergrounding of the electricity supply to the land to be subdivided; and (ii) where provision is made for the undergrounding of the electricity supply should be required to contribute towards the capital cost of the installation of street lighting to serve the land to be subdivided;"; (b) inserting after subsection (12G) the following subsection:- " (12GG) A Local Authority shall not approve an application for the subdivision of land (whether or not the proposed subdivision involves the opening of a road)- (a) where the application relates to the subdivision of land that is included in a Rural Residential Zone or similar zone under a town planning scheme approved by the Governor in Council under this Act, or that is being used for (or, if the application is approved, is intended to be used for) a purpose normally associated with land included in such a zone, unless- (i) electricity is available at the time of the making of the application to serve the several parcels of land resulting from the subdivision; or (ii) where electricity is not available as mentioned in subparagraph (i), an agreement has been made by the applicant with the electric authority to make electricity available to serve the several parcels of land resulting from the subdivision within 6 months after the date when the plan of subdivision is approved by the Local Authority under its seal;

448 Local Government Act Amendment Act 1984, No. 42 (b) where any rates or charges made and levied under this Act or any other Act in respect of the land the subject of the application are in arrears, or any expenses remain a charge over that land under this Act or any other Act, until those rates, charges or expenses have been paid in full.". 14. Amendment of Third Schedule . The Third Schedule to the Principal Act is amended by- (a) in rule 4, omitting paragraph (b) and substituting the following paragraph:- (b) Any person whose name appears on the roll at the time of an election and who is then subject to any of the disqualifications mentioned in section 23 of the Elections Act1983 shall be disqualified from voting."; (b) inserting after rule 5 the following rule:- " 5A Printing, publishing, etc., material intended or likely to mislead. (1) Any person who- (i) prints, publishes or distributes any electoral advertisement, notice, handbill, pamphlet or card containing any representation of a ballot-paper or any representation apparently intended to represent a ballot-paper, and having thereon any directions intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote; or (ii) prints, publishes or distributes any electoral advertisement, notice, handbill, pamphlet or card containing any untrue or incorrect statement intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote, is guilty of an offence. Penalty: $100. (2) Nothing contained in sub-rule (1) prevents the printing, publishing or distributing of any card, not otherwise illegal, that contains instructions on how to vote for any particular candidate, provided those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote."; (c) in rule 6- (i) omitting from subrule (1) the words " six electors " and substituting the words " six persons, excluding himself, each of whom is an elector "; (ii) omitting from subrule (1) the words " as consenting to the nomination " and substituting the words " certifying that he is duly qualified under the provisions of this Act to be nominated as a candidate and consenting to the nomination ";

Local Government Act Amendment Act 1984, No. 42 449 (iii) omitting from subrule (1) the words " forty dollars " and substituting the expression "$150 "; (d) in rule 7, inserting after subrule (2) the following subrule:- " (3) The returning officer shall give or forward a copy of the certificate to the candidate."; (e) in rule 8, omitting the words " a copy thereof outside the place of nomination " and substituting the words " up a copy thereof in some conspicuous place at the place of nomination "; (f) in rule 9, omitting the words " fifty pounds " and substituting the expression " $500 "; (g) in rule 39- (i) omitting from subrule (1) the first paragraph and substituting the following paragraph:- " Each candidate, by writing under his hand in the prescribed form, may appoint a scrutineer or scrutineers- (a) to attend the scrutiny; (b) at each polling booth or where there are two or more ballot-boxes provided at a polling-booth, in respect of each of those ballot-boxes."; (ii) omitting subrules (2) and (3) and substituting the following subrules :- " (2) At any one and the same time during the scrutiny or during the hours of polling, a candidate is entitled to have one, and only one, scrutineer at the scrutiny or in a polling-booth unless that polling-booth is provided with two or more ballot-boxes, in which case he may have one, and only one, scrutineer in respect of each of those ballot-boxes: Provided that another scrutineer for a candidate may enter at the scrutiny or may enter a polling-booth for the purpose of taking the place of a scrutineer for the candidate in question already present thereat or therein or for the purpose of voting. (3) A person shall not, without lawful authority, prevent or attempt to prevent a scrutineer from entering or leaving the scrutiny or the polling-booth at or to which he is appointed or where there is a ballot-box in respect of which he is appointed at any time during the hours of polling."; (h) omitting rule 40 and substituting the following rule:- " 40. Returning officer to provide ballot-boxes , etc. (1) For taking the poll the returning officer shall cause to be provided at each polling-booth, a ballot-box. In any case where the number of electors likely to vote at a polling-booth is such that, in the opinion of the returning officer, more than one ballot-box should be provided, the returning officer shall cause two or more ballot-boxes to the provided at that polling-booth.

450 Local Government Act Amendment Act 1984, No. 42 (2) A ballot-box shall be a box capable of being locked by means of a key, with a cleft or opening therein capable of receiving the folded ballot-papers. (3) The relevant presiding officers shall keep keys of the ballot-boxes. (4) Each ballot-box shall be open to be inspected by the poll clerks, candidates, and scrutineers before being locked and sealed for receiving the ballot-papers, and shall stand upon a table at which a presiding officer presides."; (i) in rule 47, omitting from subrule (3) the last paragraph and substituting the following paragraph:- " The presiding officer shall, before the issue of the second or duplicate ballot-paper, place the original ballot-paper inside the envelope endorsed with the declaration, and, after securely fastening the envelope, set it aside for separate custody."; (j) in rule 49, omitting from paragraph (iii) of subrule (13) the words " less than ten shillings and not more than two pounds " and substituting the words " more than $10 "; (k) in rule 50- (i) omitting from subrule (1) the first proviso; (ii) omitting from the second proviso to subrule (1) the expression " further,"; (iii) inserting after subrule (3) the following subrule:- " (3A) In the case of a ballot-paper containing a list of the names of more than six candidates, a ballot-paper shall not be rejected by reason only of the fact that the voter has marked a square opposite the name of one of the candidates with a figure seven that contains a stroke or strokes through a part of the figure, sometimes called a continental seven, provided the figure is a reasonable representation of a figure seven."; (1) in rule 54, omitting the words " on polling day and on all days to which the polling is adjourned " and substituting the words " at any time after the giving of public notice of an election and prior to the close of the poll"; (m) in rule 57, omitting from subrule (1) all words from and including the words "An application by reason of provision (c) " to the end of the subrule; (n) in rule 58A, omitting from subrule (2) the words ", if satisfied that the applicant is entitled to vote under these rules,"; (o) omitting rule 61A and substituting the following rule:- " 61A. Second or duplicate postal ballot - paper in certain cases. (1) The returning officer or presiding officer may, if he thinks fit, issue a second or duplicate postal ballot-paper to an elector if the original postal ballot-paper issued pursuant to rule 59 has been miscarried, destroyed or accidently defaced, but in such case the elector shall first make a declaration in the prescribed form before a justice of the peace or the returning officer or presiding officer

Local Government Act Amendment Act 1984, No. 42 451 that he has not received the original postal ballot-paper, or that it has been destroyed or accidently defaced, and that he has not already voted at the election. In the case where a postal ballot-paper is accidentally defaced, the elector shall deliver the original postal ballot-paper to the returning officer or presiding officer who shall, before the issue of the second or duplicate postal ballot-paper, place the original postal ballot-paper inside the envelope endorsed with the declaration, and, after securely fastening the envelope, set it aside for separate custody. (2) An elector who is eligible to be issued with a second or duplicate postal ballot-paper pursuant to subrule (1), may, at his option- (a) be issued with a second or duplicate postal ballot-paper pursuant to this rule; or (b) vote at the office of the Local Authority in accordance with rule 62A. (3) Where a second or duplicate postal ballot-paper is issued pursuant to subrule (2) (a), the returning officer or presiding officer shall issue to the elector a fresh certificate endorsed upon an envelope (such envelope to indicate that a second or duplicate postal ballot-paper has been issued) and a fresh envelope addressed to the returning officer and thereupon the elector shall record his vote in accordance with rule 61. (4) The returning officer or presiding officer shall make, in the prescribed form, a record of the name and address of every person who is issued with a second or duplicate postal ballot-paper pursuant to subrule (2) (a) or who votes as mentioned in subrule (2) (b). (5) Forthwith upon the close of the poll, every presiding officer shall- (a) enclose in a securely fastened outer envelope all envelopes containing votes permitted under this rule, together with the record of the persons permitted those votes; (b) transmit by post or otherwise every such outer envelope, properly addressed, to the returning officer. (6) At the scrutiny, the returning officer shall produce unopened all envelopes received by him containing votes permitted under this rule and shall deal with the contents as follows- (a) without in any way unfastening, or permitting or allowing to be in any way unfastened, any envelope immediately containing a ballot-paper- (i) compare the signature of the voter upon the envelope with the signature to the application by that person for a postal vote and allow the scrutineers and

452 Local Government Act Amendment Act 1984, No. 42 candidates who are present to inspect the same and determine whether the signature on such envelope is that of the applicant; (ii) satisfy himself by examining the declaration of the voter upon that envelope and the original application by that person for a postal vote that the declaration is in order; and (iii) by inquiry as he deems necessary, satisfy himself that the voter is a person permitted to vote under this rule; (b) satisfy himself that the voter has not voted otherwise for the Area or division at the election. (7) (a) If, in respect of any vote permitted under this rule, the returning officer is not satisfied in every respect as required by the provisions of subrule (6), he shall reject that vote and shall, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. (b) Subject to rule 28, the returning officer shall also reject and set aside for separate custody every envelope purporting to contain a vote permitted under this rule which does not bear thereon the form of declaration prescribed under this rule. (c) If, in respect of any vote permitted under this rule, the returning officer is satisfied in every respect as required by the provisions of subrule (6) but not otherwise, he shall open the envelope containing the ballot-paper and, without then unfolding the ballot-paper, place it in a ballot-box and set the envelope aside for separate custody. (d) When the returning officer shall have dealt with all the envelopes containing votes permitted under this rule produced by him at the scrutiny at any one and the same time he shall open the ballot-box and count in the manner prescribed by these rules such and so many ballot-papers recording those votes as he shall have placed therein; and shall so proceed in respect of every such time until the day when all votes permitted under this rule shall have been received and dealt with by him."; (p) in rule 62A- (i) inserting in subrule (1) after the words " polling day " the words " and not later than six o'clock in the afternoon of the day immediately preceding pollii g day "; (ii) omitting from subrule (7) the third paragraph and substituting the following paragraph:- " The returning officer or presiding officer shall, before the issue of the second or duplicate postal ballot-paper, place the original postal ballot-paper inside the envelope endorsed with the declaration, and, after securely fastening the envelope, set it aside for separate custody.";

Local Government Act Amendment Act 1984, No. 42 453 (q) in rule 65, omitting subrule (la) and substituting the following subrule: " (la) The returning officer shall deal with the contents of the outer envelopes opened pursuant to subrule (1) as follows:- (a) the returning officer shall produce the postal voters' applications and, where applicable, the declarations made pursuant to rule 58A; (b) the returning officer shall- (i) without opening the envelope endorsed with the certificate, compare the signature of the voter with the signature to the application and allow the scrutineers and candidates who are present to inspect the same and determine whether the signature on that envelope is that of the applicant; and (ii) where applicable, satisfy himself that the declaration made pursuant to rule 58A complies with that rule, and by such inquiry as he deems necessary, that the voter is a person permitted to vote under that rule for the Area or division; (c) if the returning officer is satisfied pursuant to paragraph (b) that an applicant was entitled to vote at the election, he shall, before opening the envelope, place a mark against the name of the voter concerned in the roll used by him at the election in question and, after so doing, open the envelope containing the postal ballot- paper, and without then unfolding the postal ballot-paper, place it in a ballot-box; forthwith upon so doing he shall attach the said envelope by gum or otherwise to the application; (d) subject to rule 28 and subrule (lb) of this rule, no postal ballot-paper shall be allowed at the scrutiny that is not enclosed in an envelope endorsed with the certificate duly signed, attested and dated under these rules; (e) subject to paragraph (f), where a voter has been permitted to vote pursuant to rule 58A, no postal ballot-paper shall be allowed at the scrutiny where the returning officer is not satisfied as mentioned in paragraph (b) (ii) ; (f) where a voter has been permitted to vote pursuant to rule 58A and the returning officer determines that, contrary to the declaration of the voter, the voter's name is in fact upon the voters' roll for that election and for the relevant Area or division, he shall, upon satisfying himself that the voter has not otherwise voted at that election and that the voter is otherwise entitled to vote pursuant to paragraph (b), proceed in accordance with paragraph (c);

454 Local Government Act Amendment Act 1984, No. 42 (g) if the returning officer disallows a vote, then the unopened envelope endorsed with the certificate and, where applicable, the declaration pursuant to rule 58A, shall be attached to the application relating thereto by gum or otherwise and shall be set aside for separate custody. No outer envelope shall be opened at the scrutiny unless it was received by post or delivered in accordance with the provisions of subrule (1) and every envelope so unopened shall be set aside for separate custody."; (r) in rule 73- (i) omitting from subrule (7) the word " three " and substituting the word " four "; (ii) adding at the end of subrule (7), the following paragraph:- " In the case where a ballot-paper is accidentally defaced the elector shall deliver the original postal ballot-paper to the returning officer who shall, before the issue of the second or duplicate ballot-paper, place the original ballot-paper inside the envelope endorsed with the declaration, and, after securely fastening the envelope, set it aside for separate custody."; (s) in rule 78- (i) omitting from subrule (1) the first proviso; (ii) omitting from the second proviso to subrule (1) the expression " further,"; (iii) inserting after subrule (3) the following subrule:- " (3A) In the case of a ballot-paper containing a list of the names of more than six candidates, a ballot-paper shall not be rejected by reason only of the fact that the voter has marked a square opposite the name of one of the candidates with a figure seven that contains a stroke or strokes through a part of the figure, sometimes called a continental seven, provided the figure is a reasonable representation of a figure seven.".