Local Government Amendment Act 1981 (WA)
WESTERN AUSTRALIA.
LOCAL GOVERNMENT.
No. 27 of 1981.
AN ACT to amend the Local Government Act
1960-1980.
[Assented to 26 May 1981.]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I-PRELIMINARY.
Short title
| 1. (1) This Act may be cited as the Local | and citation. |
Government Amendment Act 1981.
(2) In this Act the Local Government Act 1960- 1980 is referred to as the principal Act.
| No. 27.] | Local Government. | [1981. |
(3) The principal Act as amended by this Act may be cited as the Local Government Act 1960-1981.
Commence-
| ment. | 2. |
This Act shall come into operation on a day to be fixed by proclamation.
PART II—AMENDMENTS TO PRINCIPAL ACT.
| Section 3 | 3. |
Section 3 of the principal Act is amended by deleting the passage commencing "PART IV.—THE MUNICIPAL COUNCIL, ss. 35 to 154." and ending "Division 5.—Electoral Offences, ss. 138 to 154." and substituting the following
amended.
"PART IV.—THE MUNICIPAL COUNCIL, ss. 35 to 154N.
Division 1.—The Electoral Roll, ss. 35 to 64.
Subdivision A.—Persons Eligible to be
Registered as Electors, s. 35.
Subdivision B.—Application for Regis- tration on Electoral Roll, ss. 36 and 37.
Subdivision C.—Compilation of Annual
Electoral Roll, ss. 38 to 43.
Subdivision D.—Revision of Annual
Electoral Roll, ss. 44 to 49.
Subdivision E.—Supplementary Elec-
toral Roll, ss. 50 to 54.
Subdivision F.—General, ss. 55 to 64.
Division 2.—Qualification of Mayor or President and Councillors, ss. 65 to 71.
Division 3.—Election of Council, ss. 72 to 154N.
Subdivision A.--Times Appointed for
Election, ss. 72 to 75.
Subdivision B.—Preliminaries to an
Election, ss. 76 to 80.
Subdivision C.—Nomination of Candi-
dates, ss. 81 to 90.
Subdivision D.—Vacancies Remaining after Nomination Procedures Com- pleted, ss. 91 and 92.
Subdivision E.—Ballot Papers, s. 93.
| 1981.] | Local Government. | [No. 27. |
Subdivision F.—Number of Votes an
Elector May Cast, s. 94.
Subdivision G.—System of Voting, ss.
95 to 97.
Subdivision H.—The Polling Procedures,
ss. 98 to 110.
Subdivision I.—Entitlement to Vote of Person Whose Name does not Appear on Electoral Roll, ss. 111 to 113.
Subdivision J.—Voting Other Than on
Election Day, ss. 114 to 126.
Subdivision K.—Voting Other Than on Election Day—General Provisions, ss. 127 to 130.
Subdivision L.—Ascertaining the Result
of the Poll, ss. 131 to 136.
Subdivision M.—Declaration of Result of Election and Consequential Pro- cedures, ss. 137 and 138.
Subdivision N.—Terms of Office of Mayors, Presidents and Councillors, ss. 139 and 140.
Subdivision 0.—Election of Mayor or President or Deputy Mayor or Deputy President by Council, ss. 141 to 144.
Subdivision P.—Miscellaneous Matters
Arising from Election, ss. 145 to 149.
Subdivision Q.—Disputed Returns, s.
150.
Subdivision R.—Electoral Offences, ss.
151 to 154N." .
| 4. Section 6 of the principal Act is amended in subsection (1)— | amended. |
| Section 6 |
| (a) | in the definition "electoral officer", by deleting "and person authorised to witness applications for absent voting certificates and absent voting papers" and substituting the following- |
" and officers appointed to issue early, absent and postal voting papers "; and
| (b) | by deleting the definition "returning officer". |
| No. 27.] | Local Government. | [1981. |
Section 7
| repealed. | 5. | Section 7 of the principal Act is repealed. |
| Section 10A | 6. |
Section 10A of the principal Act is amended by repealing subsection (6).
amended.
Section 20
Section 20 of the principal Act is amended in
subsection (2) by deleting "after the thirteenth day
of January in any year".
| amended. | 7. |
Section 28
Section 28 of the principal Act is amended in
paragraph (b) by inserting before "shall prepare for"
the following-
| amended. | 8. |
" the returning officer " .
Section 30
| amended. | 9. | Section 30 of the principal Act is amended in |
subsection (1)-
| (a) | by deleting paragraphs (a) and (c); and |
| (b) | by deleting paragraph (b) and substituting the following paragraph- |
" (b) a person who is registered on the electoral roll of the municipality in the district of which the poll is being taken and who-
(i) where the petition prays for the constitution of a muni- cipality, is registered in respect of rateable property in such portion of the district as is proposed in the petition to form or be included in the district of the new municipality; or
(ii) where the petition prays for the exercise of any other power, is registered in respect of any rateable property in the district in which the poll is being taken,
is entitled to vote at the poll; " .
| 1981.] | Local Government. | [No. 27. |
Section 30A
| 10. in paragraph (b) of subsection (6) by inserting before "shall prepare for" the following- | Section 30A of the principal Act is amended | amended. |
" the returning officer " .
| 11. the following Part is substituted | Part IV of the principal Act is repealed and Zilistallituted. |
PART IV.—THE MUNICIPAL COUNCIL.
Division 1.—The Electoral Roll.
Subdivision A.—Persons Eligible to be Registered as
Electors.
35. (1) Subject to this section, a person is eligible ggfallEggar
to be registered as an elector on the electoral roll of as an elector.
a municipality, if
| (a) | he has attained the age of 18 years; |
| (b) | he is a natural-born or naturalized British subject or is ordinarily resident in the State; and |
| (c) | he is the owner or occupier of rateable property in the district of the municipality. |
(2) Where the district is divided into wards, the person eligible to be registered as an elector shall be eligible to be registered in respect of the ward in which the property by virtue of which he is eligible to be registered is situated.
(3) Where rateable property, held as one holding, is situated partly in one ward and partly in another ward or other wards, the person eligible to be registered as an elector shall be eligible to be registered in respect of only one of those wards, being the ward
| (a) | nominated by the person so eligible; or |
| (b) | selected by the clerk if the person so eligible does not so nominate. |
| No. 27.] | Local Government. | [1981. |
(4) Except where the provisions of subsection (3) of this section are applicable, where the district is divided into wards, and a person who is eligible to be registered as an elector owns or occupies rateable property in 2 or more of the wards, that person is entitled to be registered on the ward rolls or roll as an elector in respect of each of the wards in which the property is situated.
(5) Where 2 or more persons in conjunction own, or wholly occupy, rateable property
| (a) | each, if there are only 2 of those persons; or |
| (b) | if there are more than 2 of those persons, each of 2 only of them, being the 2 from time to time selected or deemed to be selected under subsection (8) of this section, |
shall, for the purposes of this Part, be deemed to be an owner or occupier, as the case may be, of the property.
(6) Where one person occupies a separate and distinguishable portion of rateable property, whether the occupancy is of a separate portion of a building on the property, or is of any other portion, he shall, for the purposes of this Part, be deemed to be an occupier of rateable property being the portion so occupied.
(7) Where 2 or more persons in conjunction occupy a separate and distinguishable portion of rateable property
| (a) | each, if there are only 2 of those persons; or |
| (b) | if there are more than 2 of those persons, each of 2 only of them, being the 2 from time to time selected or deemed to be selected under subsection (8) of this section, |
shall, for the purposes of this Part, be deemed to be an occupier of rateable property being the portion so occupied.
| 1981.] | Local Government. | [No. 27. |
(8) The 2 persons referred to in paragraph (b)
of subsection (5) and paragraph (b) of subsection (7) of this section may be selected by all or a majority of all of the persons so owning or occupying the property or portion thereof, but if for any reason a selection is not so made, or if, having been made, both or either of the persons selected cease or ceases to have an interest in the property or portion thereof as conjoint owner or occupier and the continuing owners or occupiers being 3 or more in number fail to make a further selection, then the 2 persons whose names are first and second in alphabetical order of the names of all the continuing owners or occupiers and who are otherwise eligible to be registered as electors shall be deemed to be so selected.
(9) Where rateable property is owned or occupied
by a body corporate, each of 2 persons nominated by it shall be eligible to be registered on behalf of the body corporate as an elector.
(10) A nomination or selection mentioned in subsection (3), (8) or (9) of this section
| (a) | shall be in writing served upon the clerk; and |
| (b) | may be made from time to time and shall remain in force until it is withdrawn by notice in writing, served upon the clerk, by the persons eligible at that time to make a further nomination or selection or until the property ceases to be held, owned or occupied as referred to in subsection (3), |
(8) or (9) of this section, as the case may
be.
(11) Where a person occupies property which is owned by the Crown in right of the Commonwealth or State or by any agency or instrumentality of the Crown in right of the Commonwealth or State, if in respect of the property the Crown or the agency or instrumentality pays to the municipality in the district of which the property is situated an ex gratia
| No. 27.] | Local Government. | [1981. |
payment in lieu of rates, the property shall for the purposes of this Part, be deemed to be rateable property.
(12) The husband or wife, as the case may be, of the owner or occupier of rateable property, if residing on the property, shall be deemed to be an occupier for the purposes of this Part.
Subdivision B.—Application for Registration on
Electoral Roll.
Application
| for registra- | 36. A person eligible to be registered as an elector |
| tion. | may apply to the clerk in the prescribed form at any time to be so registered. |
| Acknowledg- | meat of37. (1) The clerk shall, if he is satisfied that a |
| application, person who has applied to be registered as an elector |
is eligible to be registered, send to that person by
post an acknowledgment in the prescribed form.
(2) The clerk shall, if he is not satisfied that a person who has applied to be registered as an elector is eligible to be registered, reject the application and send to that person by post a notice in the prescribed form giving the grounds for the rejection of the application.
Subdivision C.—Compilation of Annual Electoral Roll.
Annual
Once in each year the clerk of the council of each municipality shall, in accordance with this Subdivision, compile an annual electoral roll in the prescribed form.
| preparation | 38. |
of roll.
Clerk to give
| notice that | 39. For the purpose of compiling the annual November and not later than 15 December in each year, by notice published al least once in a news- paper circulating in the district of the municipality, |
| applications | |
| for registra- | electoral roll the clerk shall, not earlier than 15 |
| tion may | |
| be made. |
| 1981.] | Local Government. | [No. 27. |
and by exhibiting a copy of the notice on the official notice board of the council, give notice that persons who are eligible to be registered as electors who require to be so registered may, on or before the ninety-second day prior to the annual election day, apply to the clerk in the prescribed form to be so registered.
Clerk to
| 40. The clerk shall, if he is satisfied that the | include names on |
| person is eligible to be registered, include on the | roll. |
| annual electoral roll |
| (a) | the name of each person on the most recent previous electoral roll; |
| (b) | the name of each person whose name was omitted in error from the most recent previous electoral roll; |
| (c) | the name of each person who has become entitled to be registered in the capacity of an owner of rateable property within the district on or before the ninety-second day prior to the annual election day; |
| (d) | the name of each occupier of rateable property within the district who has applied to the clerk to be registered as an elector on or before the ninety-second day prior to the annual election day; |
| (e) | the name of each person last selected or deemed to be selected or last nominated under subsection (8) or (9) of section 35 on or before the ninety-second day prior to the annual election day. |
41. The clerk shall
Particulars
| (a) |
cause the names on the annual electoral on roll. and
| (b) | cause the prescribed particulars for each elector to be included on the roll. |
| No. 27.] | Local Government. | [1981. |
Form of
| electoral roll. | 42. (1) Subject to subsection (2) of this section |
the annual electoral roll shall comprise
| (a) | where the district is not divided into wards—a district roll; |
| (b) | where the district is divided into wards and the mode of election to the office of mayor or president is by the electors of the municipality- |
(i) a district roll; and
(ii) ward rolls for each of the wards of the district or a combined ward roll that sufficiently identifies the ward in relation to which each elector is entitled to be registered;
| (c) | where the district is divided into wards and the mode of election to the office of mayor or president is by the council |
(i) ward rolls for each of the wards of the district; or
(ii) a combined ward roll that sufficiently identifies the ward in relation to which each elector is entitled to be registered.
(2) In a case to which paragraph (b) of subsection (1) of this section applies it shall not be necessary for a district roll to be compiled if a combined ward roll is compiled and that roll is suitable for use as a district roll.
Date for
| compilation | 43. The clerk shall compile the annual electoral roll not later than 71 days prior to the annual election day and upon completion of the roll the clerk and the mayor or the president, as the case may be, shall sign and date the roll on the last page thereof. |
| of roll. |
| 1981.] | Local Government. | [No. 27. |
Subdivision D.—Revision of Annual Electoral Roll.
Notice that
| The clerk shall, at least once prior to 71 days in a newspaper circulating in the district of the municipality, give notice that the annual electoral roll will be open for public inspection. | roll open for |
| inspection. | |
| Inspection of |
44. prior to the annual election day, by notice published
| A copy of the annual electoral roll shall be made available for inspection by the public, without charge, at the office of the council and at such other place or places as the council may determine, during the ordinary hours of business, for the period of 7 days subsequent to 71 days prior to the annual election day. | roll. |
45.
| 46. on or before 64 days prior to the annual election day, went of roll. a person- | (1) Subject to subsection (2) of this section, toPiPa= |
| (a) | who is eligible to be registered as an elector but whose name has been omitted from the roll; |
| (b) | who, being registered as an elector, objects to the retention of a name on the roll, on the ground of ineligibility for registration as an elector; |
| (c) | who is eligible to be registered as an electorin respect of rateable property but whose |
name has been omitted from the roll and in respect of which property the name of another person is shown as owner or occupier; or
| (d) | who, being registered as an elector, objects to any of the particulars recorded against his name or against the name of any other elector on the roll, |
may apply to the clerk in the prescribed form to have the annual electoral roll amended accordingly.
| No. 27.] | Local Government. | [1981. |
(2) Nothing contained in subsection (1) of this
section shall entitle an occupier of rateable property who has failed to apply for registration within the time limited by paragraph (d) of section 40 to apply to have his name included on the annual electoral roll.
Notification
| to person in | 47. (1) Subject to subsection (2) of this section, |
| relation to |
| whom | when the clerk receives an application pursuant to |
| amendment | |
| to roll | section 46 for the amendment of the roll in relation |
| sought. | to a person other than the applicant, the clerk shall send by post a copy of the application to the person to whom the amendment being sought relates, together with a notice from the clerk in the pre- scribed form advising that he has 7 days from the date of the notice within which to deliver a reply in writing to the clerk setting out his comments as to the matter or matters raised in the application. |
| (2) If the clerk is satisfied that the grounds of an application are frivolous or that the application discloses no reasonable cause for amending the annual electoral roll, he may reject the application without sending either a copy of the application or the notice referred to in subsection (1) of this section to the person to whom the amendment being sought relates. |
As soon as practicable after rejecting an application pursuant to subsection (2) of this section, the clerk shall serve on the applicant notice of his determination in the prescribed form.
(3)
Considera-
| tion of | 48. (1) Subject to subsection (2) of section 47, |
| application |
| for amend- | the clerk shall consider each application for amend- |
| ment of roll. | ment of the roll received by him pursuant to section |
| 46 and any written reply delivered to him pursuant | |
| to subsection (1) of section 47 and he shall, as soon as practicable, but in any case not later than 14 days after the last day for applying for the amend- ment of the annual electoral roll, determine whether to amend the annual electoral roll. |
| 1981. | Local Government. | [No. 27. |
(2) As soon as practicable after making a determination under subsection (1) of this section, the clerk shall serve notice of his determination in the prescribed form on the applicant and on any other person who is named in the application.
Appeal
| 49. (1) A person receiving a notice pursuant to | against de- |
| subsection (3) of section 47 or subsection (2) of | termination. |
| section 48, may appeal against the determination to a court of summary jurisdiction. | |
| (2) The appeal shall be instituted by complaint under the Justices Act 1902 and shall be determined only by a stipendiary magistrate. | |
| (3) The time limited for the making of a complaint under this section is 3 months from the date of service of notice of the determination. |
The court shall consider and determine the appeal and shall give such directions to the clerk as are necessary to give effect to its determination.
(4)
Subdivision E.—Supplementary Electoral Roll.
| The clerk shall compile a supplementary roll for the annual election. | of supple- |
| Compilation | |
| mentary roll | |
| for annual | |
| election. |
50. prior to the first day for the receipt of nominations
| 51. roll referred to in section 50— | The clerk shall include on the supplementary Ceh rnngeusdteod |
on supple-
mentary roll.
| (a) | the name of each person who has, during the period commencing on the ninety- second day and terminating on the fiftieth day prior to the annual election day, become eligible to be registered; |
| (b) | the name of each person who has become eligible to be registered as the result of the determination, on or before the fiftieth day |
| No. 27.] | Local Government. | [1981. |
prior to the annual election day, of an application made under section 46 or of an appeal under section 49;
| (c) | any amendment to the particulars recorded on the electoral roll required as the result of the determination, on or before the fiftieth day prior to the annual election day, of an application made under section 46 or of an appeal under section 49; and |
| (d) | the name of each person who is eligible to be registered and whose name was omitted in error from the most recent previous electoral roll, |
and shall record on the supplementary roll the deletion of the name of any person coming to his notice who has ceased to be eligible to be registered since the compilation of the most recent previous annual electoral roll.
Date for
compilation52. The clerk shall compile a supplementary roll
| mentary roll | of supple- prior to the first day for the receipt of nominations | |
| for extra- | ||
| ||
| election. | ||
| Compilation | ||
| ||
| mentary roll | ||
| ||
| ordinary elections. |
| (a) | the name of each person who has, during the period commencing on the ninety- second day prior to the most recent annual election day and terminating on the fiftieth day prior to the day appointed for the extraordinary election, become eligible to be registered; |
| (b) | the name of each person who has become eligible to be registered as the result of the determination, on or before the fiftieth day prior to the day appointed for the extra- ordinary election of an application made under section 46 or of an appeal under section 49; |
| 1981.] | Local Government. | [No. 27. |
| (c) | any amendment to the particulars recorded on the electoral roll required as the result of the determination, on or before the fiftieth day prior to the day appointed for the extraordinary election, of an application made under section 46 or of an appeal under section 49; and |
| (d) | the name of each person who is eligible to be registered and whose name has been omitted in error from the most recent previous electoral roll, |
but
| (e) | it shall not be necessary to include in any such supplementary roll any amendments already included in a previous supple- mentary roll compiled since the compila- tion of the last annual electoral roll; and |
| (0 where a district is divided into wards, the supplementary roll in relation to the particular ward in which the extraordinary vacancy occurs. | clerk shall only be required to compile a |
| 54. case may be, shall sign and date the supplementary | The clerk and the mayor or president, as the garggand |
| smo..vo;ir roll. | .11:2"? |
roll on the last page thereof.
Subdivision F.—General.
| A person shall not amend an electoral roll except as provided in Subdivision E of this Division. | Amendment of roll. |
55.
| 56. Subject to section 63, the annual electoral municipality. | Roll of the |
roll, together with the supplementary roll or rolls compiled in accordance with this Division, shall be the electoral roll of the municipality until super- seded by the subsequent annual electoral roll.
57. The clerk shall cause an adequate number of IZZ:V.05.
copies of the annual electoral roll and of the supplementary roll or rolls to be prepared and may
| No. 27.] | Local Government. | [1981. |
at his discretion consolidate the annual electoral roll and the supplementary roll or rolls and cause an adequate number of copies of the roll so consolidated to be prepared.
Clerk to
| furnish | 58. (1) The clerk shall furnish copies of the annual electoral roll or of the supplementary roll or rolls or, as the case may be, of any consolidated roll, to persons requiring them, on payment of the fee determined by the council for each copy, not exceeding the maximum fee prescribed. |
| copies of | |
| roll. | |
| (2) The council may determine different fees for different rolls provided that those fees do not exceed the maximum fee prescribed under subsection (1) of this section. |
(3) The clerk shall supply free of charge to
| (a) | each member of the council a copy of the current electoral roll for the district, or at the option of the member, a copy of any current electoral roll which may have been compiled for the ward that he represents; |
| (b) | each candidate to fill a vacancy in an office of member of the council, a copy of the current electoral roll for the district, or at the option of the candidate, a copy of any current electoral roll which may have been compiled for the ward in respect of which he is a candidate for election. |
Clerk to
| supply copy | 59. In each year, not later than 31 May, the clerk |
| of roll to |
| Chief Elec- | shall deliver a copy of the annual electoral roll to |
| toral Officer. | the Chief Electoral Officer of the State. |
| Certified |
| copy of roll | 60. A copy certified by the clerk to be a copy of |
| to be evi- |
| dence. | the electoral roll is evidence that it is a copy of the original of which it is certified to be a copy. |
| Minister may |
| appoint time | 61. If anything required by this Act to be done |
| for doing |
| anything | in connection with the compilation of the annual |
| connected | |
| with rolls | electoral roll or of a supplementary roll has not been |
| not done | |
| within time | done within the time appointed or limited for that |
| prescribed. |
| 1981.] | Local Government. | [No. 27. |
purpose, the Minister may, by one or more public notices, direct it to be done, and may appoint the several times or intervals of time, as the case requires, at or within which anything required to be done in connection with the compilation of the annual electoral roll or supplementary roll shall or may be done, and the omission or non-compliance shall be rectified accordingly and the roll validated according to the tenor of the public notice or notices.
62. Where the Minister is satisfied that an i'dtrigstt:grY
annual electoral roll or a supplementary roll, having
been compiled, has not been duly and regularly certain eases.
compiled in accordance with this Division, he may,
by one or more public notices, direct the compilation
of a fresh annual electoral roll or supplementary
roll and that the annual electoral roll or supple-
mentary roll be compiled in accordance with those
directions which have effect according to their tenor,
and an annual electoral roll or supplementary roll
so compiled supersedes a prior annual electoral roll
or supplementary roll, as the case may be.
Compilation
| 63. (1) Where | of roll on division of municipal |
| (a) | a district is divided so as to constitute 2 | districts. |
| or more districts, or is divided into wards; | ||
| (b) | there is an adjustment of a ward or wards; | |
| (c) | 2 or more municipalities are united; or | |
| (d) | an annexation to a district includes part of another district, |
the clerk of the council of the municipality or the clerks of the respective councils of the municipalities created or affected, as the case may be, shall divide the electoral roll or rolls of the municipality or those municipalities into separate electoral rolls of electors of the resulting districts or wards or shall make up the rolls into new rolls of the new districts or of the adjusted ward or wards, or into an electoral roll or rolls of the district of the united municipality, as
| No. 27.] | Local Government. | [1981. |
the case requires, but shall make only such changes in the particulars set against the names of electors and only such transpositions of those names from the roll of one district or ward to that of another district or ward, as the case requires.
(2) In carrying out the duties imposed upon him or them by subsection (1) of this section, the clerk or clerks of the respective councils shall observe the provisions of section 41 in respect of the rolls resulting from the carrying out of those duties, and shall sign and date the rolls on the last page thereof.
(3) In subsections (4) and (5) of this section
"new roll" means a roll resulting from the carry- ing out by the clerk or clerks of the duties imposed by subsection (1) of this section;
Where a new roll is compiled for a district, or a ward of a district, the mayor or president of the municipality shall satisfy himself that the new roll is correctly compiled and if so satisfied he shall at the end of the new roll sign and date a certificate to that effect.
(4)
(5) Sections 55 to 62 inclusive shall apply mutatis mutandis to a new roll or the compilation of a new roll.
Governor
| may validate | 64. (1) Where a provision of this Division has not been complied with, the Governor may, by Order, declare that an electoral roll is valid notwithstand- ing the non-compliance. |
| irregular roll. | |
| (2) Where an Order is made under this section in respect of an electoral roll, the Minister shall not, in respect of that roll, exercise the powers conferred upon him by section 62, and if the Minister has, before the making of the Order, already issued a direction under section 62 to which effect has not been completely given, he shall cancel the direction on the making of the Order. |
| 1981.] | Local Government. | [No. 27. |
Division 2.—Qualification of Mayor or President and
Councillors.
65. (1) A person is eligible to be elected as a nii=11
| member of the council of a municipality, whether ==- | cMors. |
| as mayor, president or councillor, if |
| (a) | he has attained the age of 18 years; |
| (b) | he is a natural-born or naturalized British subject; |
| (c) | he is the owner or occupier of rateable property in the district of the municipality; |
| (d) | he is registered as an elector on the electoral roll of the municipality; and |
| (e) | he is not disqualified from being elected as a member under section 66 or 67. |
(2) Where a district is divided into wards, a person shall be eligible to be elected as a councillor notwithstanding that the property of which he is the owner or occupier is not within the ward for which he has nominated for election as a councillor.
(3) The Governor may, by Order, at the request of the council thereof direct that subsection (4) of this section shall apply to a district.
(4) Where, in a district in which the Governor has directed that this subsection applies,
| (a) | the owner of rateable property in that district who does not reside in the district; or |
| (b) | a corporation that is the owner of rateable property in that district which is a farming property or that is the holder of a pastoral lease in that district under the Land Act 1933 or under any Act repealed by that Act, |
may, by notice in writing to the clerk, nominate a person who resides in the district, who has attained the age of 18 years, who is a natural-born or naturalized British subject and who is not disquali- fied from being elected as a member under section 66 or 67, and the person so nominated is qualified to
| No. 27.] | Local Government. | [1981. |
be elected and act as a member, notwithstanding that he does not have the qualification set out in paragraph (c) or (d) of subsection (1) of this section, for so long as the owner or corporation referred to herein is the owner of that rateable property or the holder of that lease.
(5) A nomination made under subsection (4) of this section may be withdrawn by notice in writing to the clerk but any withdrawal of the nomination shall not disqualify the person whose nomination has been withdrawn from continuing to act as a member for the balance of any term for which he has been elected prior to the withdrawal of the nomination.
Disqualifica-
| tion for un- | 66. (1) Subject to this section, a person is disqualified from being elected as mayor, president or councillor of a municipality and from acting as such if, at the date of his nomination for election to the office, or if, while holding the office, he owes to the municipality in respect of rateable property |
| paid rates. |
| (a) | owned by him in his personal capacity; or |
| (b) | owned by him in the capacity of a trustee for any other person, |
rates imposed by the municipality on the property which have been due and payable by him at the relevant time for more than 6 months.
(2)
Where a person owns or occupies rateable property in his personal capacity and also owns other rateable property in the capacity of a trustee for any other person, he shall not be disqualified by reason only of the fact that he so owes in his capacity as trustee rates if no such rates are so owed for more than 6 months in respect of property owned by him in his personal capacity.
A person shall not be disqualified by reason only of the fact that he owes to the municipality rates in respect of which he is entitled to a rebate or
(3)
| 1981.] | Local Government. | [No. 27. |
deferment pursuant to the Pensioners (Rates
Rebates and Deferments) Act 1966.
(4) Where the Governor is of the opinion that on account of economic or seasonal conditions it is desirable that the operation of subsection (1) of this section should be suspended, he may, from time to time, by Order, suspend the operation of that subsection in such districts and for such periods as are specified in the Order and may by subsequent Order revoke or vary the Order.
Disqualifica-
| 67. (1) A person who- | tion trout being elected or acting. |
| (a) | is an undischarged bankrupt or is under any composition with his creditors by any deed of assignment or arrangement made by virtue of the Bankruptcy Act 1966, as amended, of the Parliament of the Com- monwealth or any Act amending that Act or enacted in substitution for that Act; |
| (b) | is a person convicted of and under sentence for a crime; |
| (c) | is of unsound mind; |
| (d) | is the holder of an office of profit of the municipality; |
| (e) | has a direct or indirect pecuniary interest in an agreement to which the municipality is a party; or |
| (f) |
is not qualified to be elected as a member, is, except where subsection (3), (4) or (5) of this section provides otherwise, disqualified from being elected or acting as mayor, president or councillor of a municipality.
(2) A person is disqualified from acting as mayor, president or councillor of a municipality if during the term for which he is elected he is convicted of
(a) a misdemeanour under this Part; or
| No. 27.] | Local Government. | [1981. |
(b) an offence under section 154C, 154D or 154E or paragraph (d), (g) or (m) of section 154G,
in relation to his election to that office.
(3) A person is not disqualified under subsection (1) of this section
| (a) | on the ground that he is the holder of an office of profit of the municipality by reason only that- |
(i) he receives a mayoral or presidential allowance or travelling allowance;
(ii) he acts as an electoral officer, whether or not he receives remuneration for so acting;
(iii) he receives payment under para- graph (g), (h) or (ha) of subsection (1) of section 513; or
(iv) he is or may be entitled to any remuneration pursuant to section 38 or 40 of the Bush Fires Act 1954, but the exemption provided under this subparagraph continues so long only as the remuneration is not paid to him or, at his request or direction, to any other person;
| (b) | on the ground that he has a direct or indirect pecuniary interest in an agreement to which the municipality is a party by reason only that- |
(i) he has the interest as a director, manager or secretary of or as a member of and in common with other members of an incorporated company which has at least 20 members and which is a party to the agreement;
(ii) in the ordinary course of business and in good faith, he, or a company of which he is a director, manager, secretary or member, or a firm in
| 1981.] | Local Government. | [No. 27. |
which he is a partner, sells goods to, supplies services to, or does work for, the municipality, or for any person who has entered into an agreement with the municipality;
(iii) he is the lessee, licensee or occupier of land from the municipality;
(iv) he lends to the municipality money lawfully borrowed by the municipality in accordance with this Act;
(v) he purchases or hires chattels or engages servants from the muni- cipality, where the purchases are made or the hiring or engaging is effected on the same terms and conditions as are available to other persons who are not members of the council or he agrees with the muni- cipality for the council thereof to carry out work for him under subsection (2) of section 520;
(vi) he transfers to the municipality land acquired by it under its powers for the compulsory acquisition of land, or claims or receives compensation from the municipality in respect of the acquisition if the amount of com- pensation is determined by a court pursuant to the provisions of the Public Works Act 1902, or by an agreement of which the Minister approves;
(vii) he has the interest in a contract of insurance effected by the council under subparagraph (v) or (va) of paragraph (b) of subsection (1) of section 513 or he is insured against personal injury pursuant to section 37 of the Bush Fires Act 1954;
(viii) he receives financial assistance from
| No. 27.] | Local Government. | 11981. |
the municipality under this or any
other Act;
(ix) he has the interest as a member of an association, which interest arises out of an agreement made or purporting to be made by or on behalf of the association with the municipality, being an interest which is held in common with all other members of the association;
(x) he purchases land or chattels sold for or on behalf of the municipality by public auction;
(xi) he supplies to the municipality, at a price and under conditions substan- tially the same as those usually paid and applied and accepted by the municipality, materials which a municipality may lawfully take under subsection (1) of section 281; or
(xii) he accepts compensation made under section 281 at the rate or rates usually paid by the municipality.
(4) A person is not disqualified from being elected or acting as mayor, president or councillor of a municipality on the ground that he has a direct or indirect pecuniary interest in an agree- ment to which the municipality is a party if, prior to his nomination as a candidate for election, the Minister determines in writing that having the interest shall not so disqualify that person.
(5) A person acting as mayor, president or councillor of a municipality is not disqualified from continuing so to act on the ground that he has a direct or indirect pecuniary interest in an agree- ment to which the municipality is a party, if, prior to his having the interest, the Minister determines in writing that having the interest shall not so disqualify that person.
| 1981.] | Local Government. | [No. 27. |
(6) For the purposes of this section "association" means a body of persons, whether incorporated or not, consisting of not less than 10 members which is not formed for the purpose of securing pecuniary profit to its members from the transactions thereof and having for its object social, sporting, religious, educational, literary, musical, scientific, agricul- tural, horticultural or other like activities or the welfare and recreation of its members.
Disqualifica-
| 68. (1) A member of a council who— | tion from acting. |
| (a) | does not within 2 months after the day on which he has been declared elected as mayor, president or councillor, as the case may be, make and subscribe the oath or affirmation and declaration required by section 140; or |
| (b) is disqualified from acting as mayor, president or councillor of the muncipality. | subject to subsection (2) of this section, is absent without leave of the council, granted by resolution thereof and recorded in the minute book, throughout 3 consecutive ordinary meetings, |
(2) The non-attendance of a member of a council at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council
| (a) | unless a meeting of the council at which a quorum is present is actually held on that day; or |
| (b) | if the non-attendance occurs while the member has ceased to act as a member after written notice has been served upon him by the clerk under subsection (2) of section 70 and prior to service of written notice upon him under subsection (3) of section 70 or while proceedings in connection with the qualification of the member have been commenced and are pending or while the election of the member is disputed and |
| No. 27.] | Local Government. | [1981. |
proceedings relating to the disputed election have been commenced and are pending.
Extraordin-
| ary | vacan- | 69. (1) Subject to subsection (2) of this section, where a member of a council |
| cies. |
(a) dies;
| (b) | by written notice, signed and dated by him and delivered to the clerk of the council, resigns from his office; or |
| (c) his office of member becomes vacant and the vacancy is an extraordinary vacancy. | is ousted from office by a Court of Disputed Returns under section 150, |
(2) A resignation from office pursuant to subsection (1) of this section shall take effect from the date of the notice unless a later date is specified therein, in which event the resignation shall take effect and the office shall become vacant on the later date therein specified.
(3) Where a councillor is elected by the electors to fill the office of mayor or president of the municipality, his office of councillor shall become vacant and the vacancy is an extraordinary vacancy which shall be deemed to have occurred on the date of his election as mayor or president.
Where a person is elected by the electors to fill the office of mayor or president of a municipality and at an election held on the same day or subsequent thereto, during the term of his office, he is elected to an office of councillor of the muni- cipality, his office of councillor shall become vacant and the vacancy is an extraordinary vacancy which shall be deemed to have occurred on the date of his election as councillor.
(4)
Procedure to
| determine | 70. (1) Where a member of a council considers |
| disqualifi- |
| cation. | that he is disqualified he shall forthwith give written notice to the clerk. |
| 1981.] | Local Government. | [No. 27. |
(2)
Where the clerk has reason to believe that a member is disqualified, he shall forthwith serve written notice upon the member indicating the reasons why he believes the member to be disquali- fied and informing the member that, if he believes that he is not so disqualified, he may advise the clerk in writing within 28 days from the date of service of the notice or, if he accepts that he is disqualified in accordance with the terms of the notice, he shall so advise the clerk in writing.
(3) Where a member satisfies the clerk within 28 days from the date of service upon him of written notice under subsection (2) of this section that he is not so disqualified, the clerk shall notify the member in writing accordingly.
Where within 28 days from the date of service upon him of a written notice under subsection (2) of this section a member does not advise the clerk in writing that he accepts that he is disqualified in accordance with the terms of the notice and fails to satisfy the clerk that he is not so disqualified, the clerk shall apply to a court of summary jurisdiction seeking a declaration as to the qualifica- tion of that member to act.
(4)
(5) Any person other than the clerk may at any time apply to a court of summary jurisdiction for a declaration as to a member's qualification to act.
(6) An application to a court of summary juris- diction under this section shall be instituted by complaint under the Justices Act 1902 and shall be determined only by a stipendiary magistrate.
(7) Where
| (a) | a member gives written notice to the clerk under subsection (1) of this section; |
| (b) | a member advises the clerk in writing that he accepts that he is disqualified in accordance with the terms of a notice served upon him under subsection (2) of this section; or |
| No. 27.] | Local Government. | [1981. |
| (c) the office of the member shall become vacant and the vacancy is an extraordinary vacancy. | a court of summary jurisdiction declares, pursuant to an application under subsection (4) or (5) of this section that a member is disqualified, |
| Validation of | 71. (1) The proceedings of a council are, notwithstanding any defect in the election or appointment of a person acting as a member of the council or that at a material time a person elected and acting as a member of the council was or is not qualified to do so, as valid as if there were no defect in the election or appointment and the person were or is so qualified. |
| and acts. | |
| (2) The acts of a person acting as a member of a council are, notwithstanding any defect in his election or appointment or that at a material time the person was or is not qualified to act as a member of the council, as valid as if there were no defect in the election or appointment and he were or is so qualified. |
Proceedings
Division 3.—Election of Council.
Subdivision A.—Times Appointed for Election.
| First elec- | 72. Where a municipality is newly constituted |
| tions in |
| newly con- | the Governor may, by Order, appoint for the holding |
| stituted | |
| municipali- | of an election to elect the members of the first |
| ties. | council such day after the constitution of the muni- cipality as allows sufficient time for compliance with the provisions of this Act relating to the nomination of candidates and to the other prerequisites for the holding of the election. |
(1) Vacancies in offices of member of the council of each municipality which occur through effluxion of time shall be filled by the election by the electors of the municipality of persons to the
| Annual | 73. |
elections.
| 1981.] | Local Government. | [No. 27. |
vacancies on the first Saturday in May of each year, which day is, unless some other day is appointed in pursuance of subsection (2) of this section, appointed for the holding of the annual elections.
(2) Where the first Saturday in May of a year is
| (a) | a day appointed as polling day for an election of either House of the Parliament of the State or for a referendum conducted by the State; |
| (b) | a day appointed as polling day for an election of the Senate or a general election of the House of Representatives of the Parliament of the Commonwealth; |
| (c) | a day fixed for the taking of the votes of electors upon a proposed law for the alteration of the Commonwealth of Australia Constitution Act; or |
(d) a public holiday,
the Governor may, by Order, appoint another Saturday in May of that year to be the day for the holding of the annual elections in that year.
(3) Where another day is appointed for the holding of the annual elections under this section, the Governor may, by the same or another Order give such directions for extending, shortening or otherwise altering or adjusting any time or period fixed by the Act for the implementation of any procedure in connection with the holding of the elections and that Order shall have effect according to its tenor.
| 74. (1) The day for the holding of an election by the electors to fill an extraordinary vacancy in an | Election by |
| electors to | |
| nil extra-ordinary | |
| office of member of the council of a municipality is | vacancy. |
| the day appointed for the purpose |
(a) by the mayor or president in writing prior to the first meeting of the council after the vacancy occurs;
| No. 27.] | Local Government. | [1981. |
| (b) | by the council by resolution at its first meeting after the vacancy occurs, if a day has not previously been appointed under paragraph (a) of this subsection; or |
| (c) | by the Minister in writing, if a day has not previously been appointed under either paragraph (a) or paragraph (b) of this subsection, |
being such day as soon after the vacancy occurs as is reasonably practicable and which allows sufficient time for compliance with the provisions of this Act relating to the nomination of candidates and to the other prerequisites for the holding of the election and not being a day referred to in subsection (2) of section 73.
(2)
If the council fails to appoint a day for the holding of an election under paragraph (b) of subsection (1) of this section the clerk shall forthwith advise the Minister accordingly.
(3)
If the day appointed for the holding of an election under subsection (1) of this section is a day referred to in subsection (2) of section 73, the Governor may, by Order, appoint another day for the holding of the election and subsection (3) of section 73 shall apply mutatis mutandis.
(4) Notwithstanding subsection (1) of this section, a day may be appointed for the holding of an election to fill an extraordinary vacancy resulting from the resignation of a member of the council not earlier than one month prior to the date on which the resignation of the member takes effect and for the purposes of that subsection the vacancy shall be deemed to have occurred on the receipt by the clerk of the notice of resignation.
Vacancy to
| remain un- | 75. (1) Notwithstanding section 74, where there (a) that vacancy occurs during the period of 105 days next preceding the first Saturday |
| filled in |
| certain cir- | is an extraordinary vacancy in an office of member |
| cumstances. | of a council and |
| 1981.] | Local Government. | [No. 27. |
in May in a year and at a time which allows compliance with the provisions of this Act relating to the nomination of candidates and to the other prerequisites for the holding of an election; or
| (b) | the Minister, at the request of the council, so directs, notwithstanding that the vacancy occurs more than 105 days prior to the first Saturday in May in a year, |
the day for the holding of the election to fill the vacancy shall be the annual election day next following the occurrence of the vacancy and in the meantime the vacancy shall remain unfilled.
(2) Notwithstanding section 74 or subsection (1) of this section where there is an extraordinary vacancy in an office of member of a council and
| (a) | that vacancy occurs during the period of 105 days next preceeding the first Saturday in May in the year in which the term of the person who held the office would have expired; |
| (b) | the Minister at the request of the council so directs, notwithstanding that the vacancy occurs more than 105 days prior to the first Saturday in May in the year in which the term of the person who held the office would have expired, |
the vacancy shall remain unfilled and a vacancy in the office shall be deemed to occur by effiuxion of time on the day on which the term of the person who held the office would have expired.
Subdivision B.—Preliminaries to an Election.
76. The chief electoral office of a municipality Office
officer.
that of returning officer.
77. (1) Subject to this section, the clerk of the ac:11,1Vol
| council is the returning officer of a municipality. | fig |
(2) The Minister may, whether or not the clerk
| No. 27.] | Local Government. | [1981. |
has acted in the office, appoint some other person to be the returning officer of a municipality where he is of the opinion that it is necessary or desirable to ensure the proper conduct of an election.
(3) A council may, with the approval of the Minister, appoint as returning officer an officer of the municipality other than the clerk for a poll or referendum of electors or ratepayers, other than an election, under this Act.
Duties of the
| office of re- | 78. The returning officer shall |
| turning officer. |
| (a) | ensure that the necessary preparations are made for the holding of elections, polls and referenda as and when required by this Act; |
| (b) | appoint a deputy returning officer, presiding officers and poll clerks; |
| (c) | appoint officers to issue early, absent and postal voting papers; |
| (d) | ensure that the elections, polls and referenda are held and conducted in accordance with the provisions of this Act; |
| (e) | ascertain the result of the elections, polls and referenda; and |
| (f) | discharge the obligations imposed upon the occupant of the office by this Act. |
Duties of the
| office of | 79. The deputy returning officer shall |
| deputy re- | |
| turning |
| officer. | (a) | discharge such particular duties as may be delegated to his office by the returning officer; and |
| (b) | if the returning officer is for any reason unable to act, discharge such of the duties of the office of returning officer as the circumstances require. |
| Ejections in | 80. The provisions of this Act relating to |
| in wards• | preparing for, conducting and ascertaining the |
| 1981.] | Local Government. | [No. 27. |
results of elections to fill vacancies in the offices
of members of a council of
| (a) | a municipality whose district is not divided into wards, apply to the whole of the district; |
| (b) | a municipality whose district is divided into wards- |
(i) apply where the vacancy is in the office of mayor or president and the mode of election to that office is by the electors, to the whole of the district; and
(ii) apply where the vacancy is in the office of councillor representing a ward, to that ward.
Subdivision C.—Nomination of Candidates.
Interpreta-
| 81. In this Subdivision | tion. |
"nomination day" means the last day upon which the nomination of a person as a candidate at an election to fill the office of member of the council of a municipality may be delivered by, or on behalf of, the person to the returning officer of the municipality.
| 82. thirtieth day last preceding the day appointed for the holding of the election. | The nomination day for an election is the | Nomination day. |
83. Where a date has been appointed for an y,ftiecc5,„e
election to fill a vacancy in an office of member of u=f.
a council of a municipality, which vacancy may be
filled by the election of a candidate by the electors,
the returning officer shall appoint a nomination
place and shall cause notice of the vacancy and of
the nomination day and nomination place for the
election to be published at least once in a newspaper
circulating in the district not more than 42 days
and not less than 28 days before the nomination
day.
| No. 27.] | Local Government. | [1981. |
Candidates
| for election. | 84. A person may be a candidate for election to fill an office of member only |
| (a) | if at the time of his nomination as a candidate he is qualified to hold the office if elected to it; |
| (b) | if at the time of his nomination as a candidate he is not a candidate at the same election or at any other election to fill another office of member of the council other than the office of mayor or president; |
| (c) | if he will not hold another office of member of that council after the election unless he is a candidate for the office of mayor or president; and |
| (d) | if, not earlier than 14 days before the nomination day and not later than 4 o'clock in the afternoon of the nomination day, he delivers or causes to be delivered to the returning officer at the nomination place a completed nomination paper accompanied by the deposit and accom- panied, where the nomination paper is signed by his agent, by written authoriza- tion for the agent to sign the nomination paper on his behalf. |
Form of
| nomination | 85. (1) The nomination paper shall incorporate a declaration as to the eligibility of the candidate for election and be in the form prescribed. |
| papezi. | |
| (2) A nomination paper may be signed by the candidate or by his agent authorized in writing to sign on his behalf. |
The amount of the deposit is the sum of $40
and may be paid in legal tender, or by cheque, bank
draft or postal money order.
(3)
(4) Where
| (a) | a nomination paper is not properly com- pleted, is not accompanied by the deposit, is not, where the nomination paper is |
| 1981.] | Local Government. | [No. 27. |
signed by an agent, accompanied by written authorization for the agent to sign the nomination paper on behalf of the candidate, or is not received by the return- ing officer within the time limited in para- graph (d) of section 84; or
| (b) | the person nominated as a candidate is not eligible to be a candidate by reason of paragraph (b) or (c) of section 84; or |
| (c) the returning officer shall reject the nomination as invalid. | the person nominated as a candidate is not registered as an elector on the electoral roll of the municipality, |
(5)
Subject to subsection (4) of this section, the returning officer shall not reject a person's nomination on the ground that he has not the necessary qualification to hold the office of member of the council.
If the returning officer rejects a nomination pursuant to subsection (4) of this section, he shall forthwith give notice in writing to that effect to the person nominating setting out his reason for rejecting the nomination.
(6)
| (7) of the municipality. | The deposit shall be paid into the trust fund |
| The returning officer shall exhibit or cause council on the day on which he accepts a nomination, a notice setting out the name of the candidate and the office to which he is a candidate, and shall cause it to continue to be so exhibited until 4 o'clock in the afternoon of the nomination day. | to be |
| Nominations | |
| exhibited. |
86. to be exhibited on the official notice board of the
| 87. cancelled by his death or by the withdrawal of his tion. nomination in accordance with this section. | (1) The nomination of a candidate is Cancellation |
| No. 27.] | Local Government. | [1981. |
A candidate may withdraw his nomination, if he has not previously been declared elected, not later than 4 o'clock in the afternoon of the fourth day after the nomination day by signing and delivering or causing to be delivered to the returning officer a written notice of withdrawal.
(2)
Where a candidate withdraws his nomination not later than 4 o'clock in the afternoon of the day preceding the nomination day, he is entitled to a refund of his deposit and the council shall refund the deposit as soon as practicable, but if a candidate withdraws his nomination after that time the deposit is forfeited to the municipality and shall be paid into the municipal fund.
(3)
Cag:ellations 88. The returning officer shall exhibit or causeo exhibited. to be exhibited on the official notice board of the
council
| (a) | notice of the withdrawal of a candidate, on the day on which he receives the notice; |
| (b) | if the death of a candidate occurs, notice of the death, on the day on which he becomes aware that the death has occurred; and |
| (c) | if he rejects a nomination, notice of the |
reasons for the rejection on the day on
which he rejects the nomination,
and shall cause the notice to continue to be so exhibited until 4 o'clock in the afternoon of the nomination day.
| Proceedings | 89. (1) Forthwith after 4 o'clock in the afternoon |
| on and |
subsequent of the nomination day, at the nomination place, the
to
nomination returning officer shall read aloud, in the presence of
day.
the persons then in attendance, the names of the candidates, the office to which each is a candidate, and, where a candidate is nominated by his agent, the name of the agent and the written authorization of the candidate for the agent to act on his behalf.
(2) If the number of candidates for election to the
respective vacancies in the offices of member of the
| 1981.] | Local Government. | [No. 27. |
council is equal to or less than the number of vacancies, the returning officer shall declare the respective candidates elected to the respective offices.
(3) Where, at the time of the reading of the candidates' names on nomination day, there are more candidates for election to the respective vacancies in the offices of member of the council than there are vacancies but, by reason of the subsequent withdrawal of a nomination or nomina- tions, the number of candidates remaining for election to the respective vacancies becomes equal to or less than the number of vacancies, the returning officer shall, on the expiration of the period during which nominations may be withdrawn under section 87, declare the respective candidates elected to the respective offices.
If after the expiration of the period during which nominations may be withdrawn under section 87 there remain more candidates for election to the respective vacancies in the offices of member of the council than there are vacancies, the returning officer shall cause to be published in a newspaper circulating in the district a notice showing
(4)
| (a) | the names of the candidates and the respective offices to which each is a candidate for election; |
| (b) | the day appointed for holding the election; and |
| (c) | the polling place or places appointed for the election including the place or places appointed for the casting of early votes, |
and may cause such other notice to be given as he thinks fit, and shall, in accordance with this Act, prepare for, conduct and ascertain the result of the election.
Death of
| 90. (1) Where a candidate for election to fill a vacancy in the office of member of a council dies after 4 o'clock in the afternoon of the nomination day and before a declaration has been made under section 89 or the close of the poll, as the case may be, the election is void and the vacancy in the office of | candidate. |
| No. 27.] | Local Government. | [1981. |
member shall, for the purposes of section 74, be deemed to be an extraordinary vacancy in that office occurring on the date of the death of the candidate.
(2) Where a successful candidate for election to fill a vacancy in the office of member of a council dies before the commencement of his term of office, there shall, for the purposes of section 74, be deemed to be an extraordinary vacancy in that office occurring on the date of the death of the successful candidate.
Subdivision D.—Vacancies Remaining After Nomination
Procedures Completed.
Insufficient
If, by the close of nominations, no nomination has been received or there are insufficient nominations to fill the vacancies or if at the expiration of the period during which nominations may be withdrawn nominations have been withdrawn, thereby reducing the number of candidates to less than the number of vacancies, the returning officer shall recommence the procedures for the filling of the remaining vacancy or vacancies which shall, for the purposes of section 74, be deemed to be an extraordinary vacancy or vacancies occurring on the fifth day following nomination day.
| nominations. | 91. |
Appoint-
(1) If, at the expiration of the period during which nominations may be withdrawn following the recommencement of the procedures for the filling of the remaining vacancy or vacancies pursuant to section 91, there is no candidate or there are insufficient candidates to fill the vacancy or vacancies, the Minister may, on the recommendation of the council, appoint to the vacant office or offices a person who is, or persons who are, qualified and willing to act as a member or members.
| ments to | 92. |
vacant
offices.
(2) If the council fails for any reason to make a recommendation or sufficient recommendations to fill the vacancy or vacancies under subsection (1) of this section within the period of 2 months after becoming entitled to do so, the Minister may appoint to the vacant office or offices a person who is, or persons who are, qualified and willing to act as a member or members.
| 1981.] | Local Government. | [No. 27. |
(3) Subject to subsection (9) of section 139, a person appointed under this section shall be deemed to have been elected at the election for which there were no or insufficient nominations.
Subdivision E.—Ballot Papers.
Ballot
93. (1) The returning officer shall cause to be papers.
provided ballot papers in the prescribed form and of a number sufficient for the purposes of the election.
(2)
Where at the time of the reading out of the candidates' names on nomination day there are more candidates for election to the respective vacancies in the offices of member of the council than there are vacancies, the returning officer shall draw lots to determine the order of appearance of the candidates' names on the ballot paper.
The candidates and other persons who desire (4) At the drawing of lots under subsection (2) of this section and in the presence of the persons then in attendance the returning officer shall
(3)
to do so may attend at the drawing of lots under
subsection (2) of this section.
| (a) | exhibit a list of the names of the candidates; |
| (b) | exhibit as many papers as there are candidates, each paper being of the same size, shape and colour and having the name of a different candidate written upon it; |
(c) exhibit an empty receptacle;
| (d) | place the papers in the receptacle and agitate them; and |
| (e) | in such manner that he is unable to see into it, draw the papers one at a time from the receptacle and record in a list the names appearing on the papers in the order in which they are drawn and sign and date the list, exhibit it to persons in attendance and retain it until the election can no longer be questioned. |
| No. 27.] | Local Government. | [1981. |
In the event of the withdrawal of a candidate or candidates under section 87 following the close of nominations, the name of that candidate or the names of those candidates shall be deleted from the list referred to in paragraph (e) of subsection (4) of this section and the order of the names of the remaining candidates shall be retained without redrawing lots.
(5)
The returning officer shall cause the ballot papers to be printed so that the names of the candidates appear thereon in the same order as that in which they appear in the list referred to hi paragraph (e) of subsection (4) of this section.
(6)
Subdivision F.—Number of Votes an Elector May Cast.
Limitation
| on number of | 94. Nothing in this Act shall be construed so as |
| votes. | to confer on an elector the right to cast when voting at an election |
| (a) | solely in a personal capacity, more than one vote; |
| (b) | solely as a person registered on behalf of a body corporate under subsection (9) of section 35, more than one vote; |
| (c) | in both a personal capacity and as a person registered on behalf of one or more bodies corporate, or as a person so registered on behalf of 2 or more bodies corporate, more than 2 votes. |
Subdivision G.—System of Voting.
System of
| voting. | 95. (1) The system of voting at elections held |
under this Act, is that prescribed in this Division as
the preferential system.
(2) Without affecting the generality of subsection (1) of this section, that subsection is expressly declared to apply to elections conducted pursuant to sections 141 and 143 and subsection (3) of section 182, provided however that subsection (6) of section 136 shall not apply to any such election.
| 1981.] | Local Government. | [No. 27. |
96. Under the preferential system of voting at an grim
election held to fill a vacancy in the office of member of a council, an elector votes effectively if he indicates in accordance with section 97 the order of preference in which he desires candidates whose names appear on the ballot paper to be elected.
97. (1) The elector shall indicate the order of 1‘.1=.2fitiVor
preference in which he desires the candidates whose vote.
names appear on the ballot paper to be elected, by
marking against each name a numeral commencing
with the numeral, "1" to indicate his first preference,
and continuing in numerical sequence by marking
the numeral, "2" against the name of the candidate
whom he desires elected if his first preference is
not elected, and the numeral, "3" against the name
of the candidate whom he desires elected if his first
and second preferences are not elected, and so on
until he has marked a numeral of the sequence
against each of the names.
(2) An elector shall be deemed to comply with
subsection (1) of this section if he marks the numeral, "1" against the name of one candidate and omits to mark the numeral, "2" against the name of the other candidate where the names of only two candidates appear on the ballot paper, or if he marks the numerals in sequence in order of preference commencing with the numeral, "1" as required by that subsection against the names of all candidates whose names so appear except the final numeral where the names of more than two candidates appear on the ballot paper, in either of which events the candidate against whose name a numeral is not marked shall be deemed to rank last in the elector's order of preference.
Subdivision 11.—The Polling Procedures.
98. (1) The council may appoint polling places ;nig
and additional places for the casting of early votes, or may direct the returning officer, who shall give
| No. 27.] | Local Government. | [1981. |
effect to the direction, to appoint those places or may appoint some places and direct the returning officer, who shall give effect to the direction, to appoint such other places as he considers necessary and those places so appointed are the polling places and additional places for the casting of early votes for the election but this subsection does not preclude the returning officer from appointing such places as he thinks are necessary.
(2) Where the council or the returning officer considers it desirable, polling places for the election may be appointed at places outside the district of the municipality.
(3) Where the district of the municipality is divided into wards, polling places may be appointed for one or more of the wards.
At a polling place appointed for one or more wards, an elector qualified to do so, may vote only in respect of an election for a ward for which the polling place is appointed.
(4)
(5) The returning officer may appoint additional polling places under subsection (1) of this section subsequent to the publication of the notice under subsection (4) of section 89 but if he does so appoint additional polling places he shall cause to be published a further notice in a newspaper circulating in the district showing those additional polling places as having been appointed for the
election.
Polling
| places and | 99. (1) Where only one polling place is appointed it is the chief polling place and the returning officer or another electoral officer appointed by the returning officer for the purpose shall preside there as the presiding officer. |
| presiding | |
| officers. |
(2) Where more polling places than one are
appointed
| (a) | one of them, nominated as such by the returning officer, is the chief polling place; |
| 1981.1 | Local Government. | [No. 27. |
| (b) | the returning officer or a presiding officer appointed by the returning officer for the purpose shall preside at the chief polling place; and |
| (c) | a presiding officer appointed by the returning officer for the purpose shall preside at each of the other polling places. |
(3) The presiding officer at any polling place may appoint another electoral officer to act as his substitute during his temporary absence from the polling place.
Voting in
| 100. At an election held to fill a vacancy in an office of member of a council, an elector may | person or In absence. |
| (a) | vote in person by attending at the appropriate polling place between 8 o'clock in the forenoon and 8 o'clock in the afternoon of the polling day, recording his vote on the ballot paper supplied to him, and placing it in the appropriate ballot box provided at the polling place; |
| (b) | cast an early or postal vote in accordance with the provisions of Subdivision J of this Division; or |
| (c) | cast an absent vote in accordance with the provisions of Subdivision J of this Division if the election is an annual election. |
Secrecy In
| 101. The returning officer, either by causing separate voting compartments to be provided, or in such other manner as he thinks fit, shall ensure that at each polling place, the council office and any additional place appointed for the casting of early votes, an elector may mark his ballot paper so that the marking cannot be seen by a person other than the elector, subject however to paragraph (b) of subsection (1) of section 108. | voting. |
| No. 27.] | Local Government. | [1981. |
| Scrutineer*. | 102. (1) A candidate may, by notice in writing signed by him and served upon the returning officer, appoint as his scrutineers, such number of persons as he thinks fit and nominates, to attend during an election at the polling place specified in the notice. |
A person who is so appointed and who makes and subscribes the declaration mentioned in section 103, may attend the polling place so specified during the election and act as scrutineer for the candidate by whom he is appointed, but shall not remain in the polling place while another person so appointed by the candidate as his scrutineer is in the polling place.
(2)
A candidate shall not act as a scrutineer at a polling place during the hours of polling and during those hours he may only enter or remain in a polling place for the purpose of casting his own vote.
(3)
(4)
A scrutineer may observe the conduct of the election to ascertain that this Act is being complied with but subject to this Act he shall take no other part in the conduct of the poll and whilst in a polling place he shall have no communication with any elector attending to vote and he shall not engage in any form of canvassing but shall at all times observe the reasonable requests of any electoral officer.
Declaration
| by returning | 103. (1) A person appointed to carry out the for an election, shall not commence to carry out the duties of the office until he has made and signed a declaration in the prescribed form, provided that a clerk shall only be required to make and subscribe a declaration once after he has taken up the appointment of clerk of the council of the municipality in which the election is to be held. |
| officer and | |
| other elec- | duties of an office of electoral officer or of scrutineer |
| toral officers. |
(2) The returning officer shall make and
subscribe the declaration before a justice.
| 1981.] | Local Government. | [No. 27. |
| (3) subscribe the declaration before either a justice or the returning officer. | The deputy returning officer shall make and |
A presiding officer or an officer appointed to issue early, absent or postal voting papers shall make and subscribe the declaration before a justice, the returning officer or the deputy returning officer.
(4)
(5) A poll clerk or scrutineer shall make and subscribe the declaration before a justice, the returning officer, the deputy returning officer or a presiding officer.
Powers of
104. (1) A person occupying the office of returning
| officer, deputy returning officer, presiding eputy re- | deputy re- |
| officer or the substitute for a presiding officer, has officer and | officer |
| presiding | |
| power and authority— | officers. |
(a) to maintain and enforce order and keep the peace in or about a polling place;
| (b) | without other warrant than this Act, to arrest or cause to be arrested and take or cause to be taken before a justice, and charged with having done any of the following acts, a person reasonably suspected by him of- |
(i) knowingly and wilfully making a false answer to a question put to him under subsection (2) of section 107;
(ii) knowingly and wilfully casting or attempting to cast at an election a number of votes greater than the number which he is entitled to cast at the election; or
| (iii) | personating or attempting to person- ate an elector; and |
| (c) | without other warrant than this Act, tocause to be removed a person who obstructs |
the approaches to a polling place or who at a polling place conducts himself in a disorderly manner or misconducts himself
| No. 27.] | Local Government. | [1981. |
or does not obey the reasonable requests of the returning officer, deputy returning officer, presiding officer or the substitute for the presiding officer.
A person so removed shall not again enter the polling place during the time the election is being held without the permission of the returning officer, deputy returning officer, presiding officer or the substitute for the presiding officer.
(2)
Members of the Police Force of the State shall aid and assist the returning officer, deputy return- ing officer, presiding officer and the substitute for the presiding officer in exercising the powers and authorities conferred upon them by this section.
(3)
| Ballot boxes. | 105. (1) The returning officer shall cause to be provided at each polling place a sufficient number of ballot boxes for the receipt of ballot papers at the polling place in the course of the election or elections for which the polling place is appointed and shall also cause to be provided a sufficient number of ballot boxes for the receipt of early, absent and postal voting papers. |
A ballot box shall have 2 locks, being respect- ively an inner lock which shall secure the lid of the box and an outer lock which shall secure a cover over the opening provided for the insertion of ballot papers.
(2)
(3) A ballot box shall have a narrow opening sufficient to allow the insertion of a ballot paper into the box and shall effectively contain and conceal its contents.
As soon as is reasonably practicable before a ballot box is used for receiving early, absent or postal voting papers, the returning officer shall satisfy himself that it is empty, and shall then secure the inner lock, retain the key to that lock and so seal the box that on its being opened the seal will break.
(4)
| 1981.] | Local Government. | [No. 27. |
As soon as is reasonably practicable before a ballot box is used for receiving ballot papers at a polling place, the presiding officer shall open the ballot box, satisfy himself that it is empty and exhibit it to the poll clerks and scrutineers, if any, then present, and shall then secure the inner lock and so seal the box that on its being opened the seal will break, and either deliver the key to the return- ing officer, or, at the returning officer's discretion, retain the key in accordance with the directions of the returning officer.
(5)
(6)
The presiding officer shall place the ballot box at the polling place where it will, while the poll is being conducted, be constantly in his view or in the view of another electoral officer.
| 106. presiding officer appointed for a polling place shall places open. ensure that it is open for receiving votes between 8 o'clock in the forenoon and 8 o'clock in the after- noon, when the poll closes, on the polling day, but may in case of riot or violence or other sufficient cause, close the polling place for such period as he shall consider necessary. | Subject to the provisions of section 110, the TgA,d;,2gg |
107. (1) A person who attends a polling place to fettgaapers
vote in person shall present himself to an electoral fpoerigitii."in
officer.
(2) The electoral officer may, but if requested to
do so by a scrutineer shall, ask the person all or
any of the following questions:
| (a) | What is your name and address? |
| (b) | Are you the person whose name appears as (here state the name) on the electoral roll of the (here state the name of the district or ward as the case requires)? |
| (c) | Have you attained the age of 18 years? |
| (d) | Have you already voted at this election? |
(3) Where
| (a) | there is only one vacancy to be filled the council shall repay the amount so deposited to a candidate who has not been elected if the number of votes counted in his favour on the first progressive count is at least one-fifth of the votes counted in favour of the candidate then having the greater, if only 2, or the greatest, if more than 2, number of votes counted in his favour, as the case may be; |
| (b) | there are more vacancies than one to be filled the council shall repay the amount so deposited to a candidate who has not been elected if the number of votes counted in his favour as first preference is at least one-fifth of the number of votes counted as first preference in favour of the elected candidate in whose favour the least number of votes were counted as first preference; |
| (c) | a candidate dies prior to the close of the poll, the council shall repay the amounts so deposited to the personal representative of that candidate and to the other candidates. |
(4) Where a candidate or his personal representa- tive is not entitled under subsection (2) or (3) of this section to repayment of the amount so deposited, that amount is forfeited to the municipality and shall be paid into the municipal fund.
| No. 27.] | Local Government. | [1981. |
(5) Where a candidate is entitled to repayment of the amount so deposited the council shall pay that amount
| (a) | to the candidate so entitled to repayment; |
| (b) | to a person to whom the candidate so entitled, by written authority signed by the candidate, directs the council to pay it; |
| (c) | to the personal representative of a candidate who dies after having become entitled to payment under this section and before the payment is made to him; or |
| (d) | to the person lawfully entitled to receive it, if before payment is made the candidate becomes of unsound mind or bankrupt, |
and if the council does not repay the amount, the person entitled to payment may recover it in a court of competent jurisdiction.
Payment of
| expenses of | 149. The council shall pay out of the municipal fund to the returning officer the expenses incurred by him in or in connection with the preparation for, conduct of, ascertainment of the result of, and declaration and publication of the result of, an election. |
| returning | |
| officer. |
Subdivision Q.—Disputed Returns.
Invalid
| elections | 150. (1) Where a complaint is made within the time prescribed by subsection (2) of this section to a stipendiary magistrate by a person who was a candidate at an election by the electors held to fill a vacancy in the office of member of a council, or by not less than 6 persons registered as electors and entitled to vote in an election held for that purpose, that an election so held was invalid, or that a person ought to be declared elected as a member |
| how | |
| remedied. |
| 1981.] | Local Government. | [No. 27. |
of the council in preference to the person actually declared elected or as to the order of retirement of councillors
| (a) | the magistrate may issue a summons summoning- |
(i) the returning officer at the election;
(ii) a person declared elected at the election; and
such other persons as he thinks fit,
to appear before him on a day and at a time
and place specified in the summons;
(iii)
| (b) | the magistrate, when the matter is called on for hearing, is constituted a Court of Disputed Returns for the purposes of this Act, and on the parties appearing or, in default of their appearance, on it being shown that the summons was duly served, the Court may inquire into and adjudicate upon the matter of the complaint, and for the purpose may exercise any of the powers conferred upon justices by the Justices Act 1902; |
| (c) | the election was invalid, or that a person ought to have been declared elected in preference to the person declared elected, or that the returning officer has incorrectly determined the order of retirement of councillors, the Court may declare accordingly and, where appropriate, may amend the order of retirement; |
| (d) | if the Court declares the election to have been invalid, it is null and void, and unless the Governor appoints a commissioner, the returning officer shall prepare for, conduct, ascertain and declare the result of a fresh election to be held on a day fixed by the Court, which fresh election shall, for the purpose of section 139, be deemed to be the election which has been declared invalid; |
if on inquiry it appears to the Court that
| No. 27.] | Local Government. | [1981. |
(e) if the Court declares that a person ought to have been declared elected in place of another person, the latter shall not act as a member of the council, and the person whom the Court declares ought to have been elected is deemed to have been elected.
A complaint may be made only within 21 days
of the day of the election out of which the complaint
arises.
(2)
The Court may make such order as to costs as it thinks just and an order so made may be enforced as an order of a court of summary jurisdiction, but an order shall not be made for the payment of costs by a candidate other than the complainant, unless it is proved to the Court that the candidate has by himself or his agent contravened the provisions of this Part.
(3)
There is no appeal from a decision of a Court of Disputed Returns.
(4)
Subdivision R.—Electoral Offences.
Breach or
| neglect by | 151. (1) An electoral officer who- |
| officers. |
| (a) | attempts to influence the vote of an elector, or, except by recording that vote, the result of an election; |
| (b) | discloses, except under compulsion of law, knowledge officially acquired by him concerning the vote of an elector; or |
| (c) | neglects or refuses to discharge an official duty or contravenes any provision of this Part, |
commits an offence.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $2 000 or imprisonment not exceeding 2 years.
| 1981.] 152. (1) A person who- | Local Government. | [No. 27. |
Bribery.
| (a) | promises, offers or suggests valuable consideration, advantage, recompense, reward or benefit for, or on account of, or to induce- |
(i) candidature at an election;
| (ii) | withdrawal of candidature from an election; |
(iii) a vote, or an omission to vote, at an election;
(iv) support of, or opposition to, a candidate for election; or
(v) a promise of a vote, omission, support, or opposition mentioned in this paragraph; or
| (b) | gives or takes valuable consideration, advantage, recompense, reward or benefit for, or on account of, a candidature, withdrawal, vote, omission, support, opposition or promise mentioned in paragraph (a) of this subsection, |
commits an offence.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $2 000 or imprisonment not exceeding 2 years.
| 153. (1) A person who— | 'Undue |
| Influence. |
| (a) | threatens, offers or suggests violence, injury, punishment, damage, loss or disadvantage for, or on account of, or to induce- |
(i) candidature at an election;
| (ii) | withdrawal of candidature from an election; |
(iii) a vote, or an omission to vote, at an election;
| No. 27.] | Local Government. | [1981. |
(iv) support of, or opposition to, a candidate for election; or
(v) a promise of a vote, omission, support or opposition mentioned in this paragraph; or
| (b) | uses, causes, inflicts or procures, violence, punishment, damage, loss or disadvantage for, or on account of, a candidature, withdrawal, vote, omission, support or opposition mentioned in paragraph (a) of this subsection; or |
| (c) | interferes or attempts to interfere with the free exercise of the franchise of an elector, |
commits an offence.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $2 000 or imprisonment not exceeding 2 years.
Illegal
| practices. | 154. (1) A person who, within the period from the first day for the receipt of nominations until the close of the poll |
| (a) | publishes any electoral advertisement, or any handbill, pamphlet, notice, letter, article, or other material concerning an election, without the name and address of the person authorizing it being shown at the end of it; or |
| (b) | prints any electoral advertisement, or any handbill, pamphlet, notice, letter, article, or other material concerning an election, or publishes any printed electoral advertisement, or any printed handbill, pamphlet, notice, letter or article, or any other printed material, concerning an election, without the name and place of business of the printer being printed at the end of it, |
commits an offence.
| 1981.] | Local Government. | [No. 27. |
(2) Where any electoral advertisement, or any notice, letter, article or other material concerning an election, forms part of a newspaper or other publication it shall be sufficient compliance with paragraph (b) of subsection (1) of this section if the name and place of business of the printer are shown at some place in the publication.
| (3) section is liable to a penalty not exceeding $500. | A person convicted of an offence under this |
enalties
| 154A. (1) A person who— | in case of nomination |
| (a) | nominates himself or procures or permits grigeap: |
| himself to be nominated as a candidate for of acting. the office of member of a council knowing that under this Act he is disqualified from being elected to or acting in the office; or | |
| (b) | signs a nomination paper nominating or purporting to nominate as a candidate for the office of member of a council another person, knowing that under this Act the person nominated is disqualified from being elected to or acting in the office, |
commits an offence.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $500.
Prohibition
| 154B. A person who, on polling day, or on a day to which the polling is adjourned, in a polling place | of canvassing |
| near polling | |
| or within a distance of 6 metres of a polling place | places. |
(a) canvasses for votes;
| (b) | solicits the vote of an elector; |
| (c) | induces or attempts to induce an elector not to vote for a particular candidate; or |
| (d) | induces or attempts to induce an elector not to vote at the election, |
commits an offence.
| No. 27.] | Local Government. | [1981. |
Non-
(1) A person who, in relation to the election for which he is a candidate, in any way assists, communicates with or interferes with an elector whilst he is applying for or casting an early, absent or postal vote or looks at the vote of an elector or posts or delivers to the returning officer an application for a postal vote or delivers postal voting papers to an elector or to the returning officer, commits an offence.
| participation | 154C. |
of candidates
for election.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $1 000 or imprisonment not exceeding one year.
| Improperly | 154D. |
(1) Where a ballot paper has been issued to an elector any person other than
voting.
| (a) | the elector; or |
| (b) | a person appointed by the elector, or acting at the elector's request, to assist the elector who by reason of the impairment of his sight, or his inability to read or to write, is unable to vote without assistance, |
who marks a vote upon a ballot paper, commits an
offence.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $1 000 or imprisonment not exceeding one year.
| Improperly | 154E. |
(1) A person, other than an electoral officer, who opens an envelope in which an early, absent or postal vote has been placed, commits an offence.
interfering with ballot papers.
(2) A person convicted of an offence under this section is liable to a penalty not exceeding $500.
| Penalty for | 154F. |
(1) A person who, being disqualified member of a council acts as such, or so acts before he has made and subscribed the oath or
| acting when disqualified or before | by this Act from being or continuing as a |
| subscribing | |
| oath etc. |
| 19811 | Local Government. | [No. 27. |
affirmation and declaration required by section 140, commits an offence, except when the disqualification is unsoundness of mind.
(2) A person convicted of an offence under this
section is liable to a penalty not exceeding $1 000.
154G. Any person who, by act or omission, 5=.1
conducts himself in a manner described in the first column of the table hereunder, commits an offence and is liable to the penalty shown in the second column of the table opposite the statement of the offence.
TABLE OF ELECTORAL OFFENCES AND PENALTIES.
| First Column. | Second Column. |
| Offence. | Penalty. |
| (a) Personating a person whether living or dead for the purpose | Fine not exceeding |
| $2 000 or imprison- |
| of obtaining a ballot paper to | ment not exceeding |
| which the personator is not | 2 years. |
| entitled or personating another person whether living or dead for the purpose of voting. |
| (b) Fraudulently destroying or defacing a nomination or ballot | Fine not exceeding |
| $2 000 or imprison- |
| paper. | ment not exceeding 2 years. |
| (c) Fraudulently putting a ballot paper or other paper into a | Fine not exceeding |
| $2 000 or imprison- |
| ballot box. | ment not exceeding 2 years. |
| (d) Fraudulently taking possession of a ballot paper. | Fine not exceeding |
| $500 or imprison- ment not exceeding 6 months. | |
| (e) Forging or, knowing it to be forged, uttering, a nomination | Fine not exceeding |
| $2 000 or imprison- |
| or ballot paper. | ment not exceeding 2 years. |
| (f) | In a polling place on polling | Fine not exceeding |
| day misconducting himself or | $400. | |
| failing to obey the reasonable directions of an electoral officer. |
| No. 27.] | Local Government. | [1981. |
| (g) Supplying a ballot paper | Fine not exceeding |
without authority. $500 or imprison- ment not exceeding 6 months.
| (h) Voting or obtaining a ballot paper for the purpose of voting | Fine not exceeding |
| $400. |
at an election more often than entitled to vote, or if not entitled to vote at all.
| (i) Unlawfully destroying, taking, opening or otherwise interfer- | Fine not exceeding |
| $500 or imprison- |
| ing with a ballot box or a | ment not exceeding |
| ballot paper. | 6 months. |
| (j) | Wagering on the result of an | Fine not exceeding |
| election. | $400. |
| (k) Wilfully defacing, mutilating, destroying or removing a | Fine not exceeding |
| $200. |
notice, list or other document exhibited by or by the authority of an electoral officer without his authorization.
| (1) Making or inducing a person to make a false statement in an | Fine not exceeding |
| $400. |
application, return, declaration or certificate or in answer to a question authorized by this Act to be asked.
| (m) Wilfully making or inducing a person to make a false | Fine not exceeding |
| $1 000 or imprison- |
| statement mentioned in para- | ment not exceeding |
| graph (1) of this table. | one year. |
| (n) Distributing an advertisement, handbill, pamphlet, notice, | Fine not exceeding |
| $200. |
letter, article or material published in contravention of section 154.
| (o) Canvassing by an officer or employee of the council at an | Fine not exceeding |
| $400. |
election in relation to that
council.
| (p) Re-entering or attempting to re-enter a polling place without | Fine not exceeding |
| $400. |
permission after being removed therefrom pursuant to the provisions of subsection (1) of section 104.
| 1981.] 15411. (1) The returning officer may take action Prosecutions. | Local Government. | [No. 27. |
against a person for a contravention of this Part, and the council shall pay out of the municipal fund the expenses incurred by the returning officer in so acting.
The council shall pay out of the municipal fund any costs which may be awarded against the returning officer in connection with any action taken by him against a person for a contravention of this Part.
(2)
(3) The returning officer shall pay into the municipal fund any fees or costs paid to him in respect of any action so taken by him.
(4) Notwithstanding subsection (1) of this section, any person, including a candidate, may take action against a person for a contravention of this Part.
1541. A person commits an offence under this Liabilityacts.
Part if he commits the offence himself or if he procures another person to commit the offence.
154J. An attempt to commit an offence against tottee:a t t
this Part is an offence punishable as if the offence offence.
had been committed.
154K. In proceedings relating to an offence,ncigge
under this Part, a certificate purporting to have been signed by the returning officer and stating that the election mentioned in the certificate was duly held and that the person named in the certificate was a candidate at the election is evidence of the matter stated.
| 154L. | Offences which are mentioned in this Part Weiggle |
and which are punishable by imprisonment
exceeding one year are misdemeanors.
| No. 27.] | Local Government. | [1981. |
Summary
| offences. | 154M. | Offences which are mentioned in this Part |
and which are not misdeamours are punishable on
summary conviction.
Criminal
Chapter XIV of The Criminal Code does not apply in respect of elections held under this Act, but this section does not affect the application of The Criminal Code to offences which are misdemeanours under section 154L of this Act. " .
| Code not | 154N. |
to apply.
Section 155
| amended. | 12. Section 155 of the principal Act is amended by repealing subsections (3) and (4). |
| Section 174A | |
| amended. | 13. Section 174A of the principal Act is amended in subsection (1)- |
| (a) | by deleting "and" after paragraph (c) ; and |
| (b) | by deleting "jurisdiction." at the end of paragraph (d) and inserting the following- |
" jurisdiction; and
| (e) | a person shall not be regarded as having an interest in his election to the office of mayor or president by reason only that the mayor or president is or might in the future be in receipt of a mayoral or presidential allowance. " . |
| Section 184 | 14. Section 184 of the principal Act is amended by deleting "council, a committee," and substituting the following |
amended.
"committee" .
Section 513
| amended. | 15. Section 513 of the principal Act is amended in subsection (1)- |
| (a) | by deleting "a revision court," in paragraph (k); and |
(b) by deleting paragraph (1).
| 1981.] | Local Government. | [No. 27. |
| 16. Section 533 is amended by repealing | amended. |
| Section 533 |
subsection (13) and substituting the following
subsection-
" (13) If a poll is demanded under subsection (12) of this section the returning officer shall prepare for, conduct and ascertain the result of the poll. " .
| 17. Section 611 of the principal Act is amended | Section 611 |
| amended. |
| (a) | by repealing subsection (3) and substitut- ing the following subsection- |
" (3) The returning officer shall prepare for conduct and ascertain the result of the poll. ";
(b) by repealing subsection (4);
| (c) | in subsection (5) by deleting "registered as ratepayers on the roll and who pay rates in respect of land in that portion or those portions are entitled to vote at the poll, but otherwise all persons who are so registered" and substituting the following- |
" eligible to be registered as electors of the municipality in the capacity of owner, or nominee of the owner, of rateable property in that portion or those portions are entitled to vote at the poll, but otherwise all persons who are eligible to be registered as electors of the municipality in the capacity of owner, or nominee of the owner, of rateable property "; and
| (d) | by repealing subsection (6) . |
| in subsection (2) by deleting "one hundred and amended. | 18. Section 646 of the principal Act is amended Section 646 |
fifty-two" and substituting the following—.
" one hundred and fifty-four L " .
| No. 27.] | Local Government. | [1981. |
Section 692
Section 692 of the principal Act is amended
in subsection (1) by inserting before "loans" the
following-
| amended. | 19. |
" the mode of election to the office of mayor or president of a municipality, petitions mentioned in section 12, the system of valuation of rateable land, " .
Certain
| Schedules | 20. The Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and Twenty-sixth Schedules to the principal Act are deleted. |
| deleted. | |
| PART III.-SAVING AND TRANSITIONAL PROVISIONS. | |
| Interpreta- |
| tion. | 21. In this Part |
"the amended provisions" means the provisions
of the principal Act as amended by this Act;
"the previous provisions" means the provisions
of the principal Act as in force before the
coming into operation of this Act.
Elections
| and polls. | 22. (1) If |
| (a) | an election to fill a vacancy in the office of member of a council; or |
(b) a poll,
is held before the first annual election after the coming into operation of this Act it shall be conducted in accordance with the previous provi- sions and, to that extent those provisions shall be deemed to remain in force.
(2) Notwithstanding subsection (1) of this section if an annual electoral roll has been prepared under the amended provisions that roll shall be used for an election or poll referred to in that subsection.
Electoral
| roll. | 23. For the purposes of the amended provisions |
the electoral roll of a municipality as in existence
| 1981..] | Local Government. | [No. 27. | 349 |
immediately before the coming into operation of this Act shall be regarded as an annual electoral roll prepared under Division 1 of Part IV of the amended provisions.
| 24. Any order or nomination in force under section 35 of the previous provisions immediately before the coming into operation of this Act shall subsist and enure for the purposes of section 65 of the amended provisions. | Qualification |
| of nominees. | |
| person elected or appointed to the office of a member |
25. (1) Subject to the amended provisions a =or
of the council of a municipality under the previous provisions (including a person so elected or appointed after the coming into operation of this Act) shall hold office for the term for which he would have held office under the previous provisions but expiring on the first Saturday in May of the relevant year.
(2) Notwithstanding section 65 of the amended provisions a person referred to in subsection (1) of this section shall not be disqualified from acting or continuing to act in his office for the remainder of his term, as preserved by that subsection, on the grounds that he is not registered as an elector on the electoral roll of the municipality so long as he is an owner of rateable property within the district.
| 26. provisions to a person elected or appointed to the | (1) A reference in section 141 of the amended office of mayor or president in accordance with that | References |
| to mayor, | ||
| presidentand | ||
| deputies. | ||
| section includes a reference to a person so elected or appointed in accordance with section 73 of the previous provisions. | ||
| (2) A reference in section 143 of the amended provisions to the deputy mayor or deputy president or to a person elected or appointed to that office in accordance with that section includes a reference to a person so elected or appointed in accordance with section 75 of the previous provisions. |
| No. 27J | Local Government. | [1981. |
Interpreta-
| tion Act | 27. The provisions of this Part do not prejudice or affect the application of the Interpretation Act 1918 to and in relation to the amendments and repeals effected by this Act. |
| 1918 not | |
| affected. |
0
0
0