Local Government (Community Government Areas) Regulation 2004 (QLD)

Queensland Local Government (Community Government Areas) Act 2004 Local Government (Community Government Areas) Regulation 2004 Reprinted as in force on 9 February 2008 Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 17 s 291

Information about this reprint This regulation is reprinted as at 9 February 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Local Government (Community Government Areas) Regulation 2004 Contents Part 1 1 2 3 Part 2 Division 1 4 Division 2 5 6 7 8 9 10 Division 3 11 12 13 Division 4 13A 13B 13C 13D Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Community governments Number of councillors Minimum number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Qualifications and disqualifications General qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 General disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Disqualification and vacation of office for certain offences. . . . . . 13 Review of lawfulness of membership of community government . 13 Councillor ceases to be councillor on becoming candidate for the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Termination of community government employment on becoming councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Vacancies in office When councillor’s office becomes vacant. . . . . . . . . . . . . . . . . . . 14 Filling of earlier vacancies by by-election . . . . . . . . . . . . . . . . . . . 15 Filling of later vacancies by appointment . . . . . . . . . . . . . . . . . . . 16 Appointment of financial controllers—Act, section 22 Appointment of financial controller—Doomadgee Shire Council . 17 Appointment of financial controllers—Pormpuraaw Shire Council 17 Appointment of financial controllers—Napranum Shire Council. . 17 Appointment of financial controllers—Lockhart River Shire Council ....................................... 17

2 Local Government (Community Government Areas)Regulation 2004 Part 3 14 15 16 17 18 Part 4 18A 19 Part 5 20 21 Part 6 22 Schedule 2 Part 1 266 267 268 269 270 271 Part 2 272 273 274 Part 3 275 276 277 278 279 280 281 Appointment of community government’s mayor Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of appointment of mayor . . . . . . . . . . . . . . . . . . . . . . . . Vacating office of mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office of mayor may be declared vacant . . . . . . . . . . . . . . . . . . . Elections for community governments Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election of councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reviewable community government matters Issues identified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed issues—Act, s 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Working out quota for divided community government areas Working out quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections to be held on a Saturday. . . . . . . . . . . . . . . . . . . . . . . . Date of quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community governments responsible for expenditure for conducting elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officers Chief executive officer is returning officer. . . . . . . . . . . . . . . . . . . Appointment of returning officer in place of the chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . Voters roll Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . Cut off day for voters roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of electoral roll when practicable. . . . . . . . . . . . . . . . . . . . . . Requirements of voters roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voters roll to be open to inspection and purchase . . . . . . . . . . . . Electoral registrars to help returning officers . . . . . . . . . . . . . . . . 18 18 18 19 19 19 20 20 21 22 23 23 23 24 24 24 24 25 25 26 27 27 28 28 28 29 29

3 Local Government (Community Government Areas)Regulation 2004 Part 4 282 283 Part 5 Part 6 Division 1 289 Division 2 290 291 292 293 294 295 296 297 Division 3 298 299 300 Division 4 301 302 303 304 305 306 307 308 309 310 311 312 313 314 Voting Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Conduct of elections Preliminary Conduct of elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electoral officers Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officer may act through other officers . . . . . . . . . . . . . Assistant returning officer may act through certain authorised officers ......................................... Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . Candidates for election or appointment Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition of dual candidature. . . . . . . . . . . . . . . . . . . . . . . . . . . Leave to community government employee to contest election . . Nominations of candidates for election Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may nominate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . Deposit to accompany nomination . . . . . . . . . . . . . . . . . . . . . . . . Special grounds for deciding a person is not properly nominated Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of candidature before noon on nomination day. . . . . Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure if number of candidates not more than number required ....................................... Procedure if number of candidates exceeds number required. . . Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on death of candidate when poll to be conducted . . . Disposal of deposits generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 30 30 31 31 31 32 32 33 33 33 34 35 35 36 36 37 37 37 38 38 39 39 40 41 41 42

4 Local Government (Community Government Areas) Regulation 2004 315 316 Division 5 317 318 Division 6 319 320 321 322 323 Division 7 324 325 326 327 328 329 Division 8 330 331 332 333 Division 9 334 335 336 337 338 339 340 341 342 Division 10 343 If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballots Poll by ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction that poll be conducted by postal ballot . . . . . . . . . . . . . Polling booths Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot boxes, papers and other documents Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . Separate ballot papers for separate polls. . . . . . . . . . . . . . . . . . . Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers Candidates’ entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . Appointment of scrutineers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting generally Who may vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for voting at a polling booth. . . . . . . . . . . . . . . . . . . . . Duties of issuing officer for returned papers. . . . . . . . . . . . . . . . . Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration voting Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . 42 43 43 43 44 45 45 46 47 47 47 48 49 50 51 51 51 52 52 53 53 53 54 55 56 57 58 59 59

5 Local Government (Community Government Areas) Regulation 2004 344 345 346 346A 347 348 349 350 351 352 353 Division 11 354 355 Division 12 356 Division 13 357 358 359 360 361 Division 14 362 363 363A 364 365 366 367 368 369 370 Who must cast a declaration vote in ordinary elections . . . . . . . . Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . How declaration vote is cast. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers to certain electors who may cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers to other electors who may or must cast declaration vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How declaration vote may be cast at a polling booth . . . . . . . . . . Distribution of ballot papers to electors for postal ballot election . Record of ballot papers given to postal voters . . . . . . . . . . . . . . . Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking of ballot papers Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement ballot papers Use of replacement ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Effect of ballot papers Effect of ballot papers—optional-preferential voting . . . . . . . . . . . Effect of ballot papers—first-past-the-post voting. . . . . . . . . . . . . Posted vote presumed valid until contrary proved . . . . . . . . . . . . Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . Ballot paper partly formal and partly informal. . . . . . . . . . . . . . . . Counting of votes Votes to be counted in accordance with this division . . . . . . . . . . Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . Preliminary processing of declaration votes by returning officer—postal ballot election . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary processing of declaration votes by returning officer—other elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for processing declaration envelopes . . . . . . . . . . . . . Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treatment of ballot paper to which objection is made . . . . . . . . . Counting of votes for optional-preferential system . . . . . . . . . . . . Counting of votes for first-past-the-post system . . . . . . . . . . . . . . Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . 60 61 61 61 62 63 64 65 66 66 67 68 69 70 72 73 74 75 75 75 75 78 78 79 80 82 82 84 86

6 Local Government (Community Government Areas)Regulation 2004 Division 15 371 372 373 374 375 376 377 378 379 380 381 382 Division 16 Subdivision 1 383 384 385 386 387 388 389 390 391 Subdivision 2 392 392A 393 394 Subdivision 3 395 396 397 398 399 400 Actions following poll Declaration of poll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording response to notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary value of list under s 374. . . . . . . . . . . . . . . . . . . . . . . Disposal of material resulting from election . . . . . . . . . . . . . . . . . Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to electors whose ballot papers are not accepted. . . . . . . Notice to electoral commission of certain declaration votes. . . . . Enforcement Offences in general False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False, misleading or incomplete electoral documents . . . . . . . . . Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . Offences about electoral advertising and information Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences about voting Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Party badges not to be worn in polling booths . . . . . . . . . . . . . . . 87 87 88 88 88 90 90 91 91 92 92 92 93 93 94 94 95 95 95 95 95 96 96 98 98 99 99 100 101 101 101

7 Local Government (Community Government Areas) Regulation 2004 401 402 403 404 405 406 Subdivision 4 407 Part 7 408 409 410 411 412 413 Part 8 Schedule 3 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences relating to ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Failure to deliver or post documents for someone else . . . . . . . . Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness to signing of declaration voting papers . . . . . . . . Injunctions Injunctions to restrain contravention of schedule . . . . . . . . . . . . . Fresh elections Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 102 102 103 103 103 104 106 107 107 107 107 107 108 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 109 110 110 111 111

s1 9 s4 Local Government (Community Government Areas) Regulation 2004 Local Government (Community Government Areas) Regulation 2004 [as amended by all amendments that commenced on or before 9 February 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Local Government (Community Government Areas) Regulation 2004 . 2 Commencement This regulation commences on 1 January 2005. 3 Dictionary The dictionary in schedule 3 defines particular words used in this regulation. Part 2 Community governments Division 1 Number of councillors 4 Minimum number A community government consists of at least 5 councillors, including the mayor.

s 5 10 s 5 Local Government (Community Government Areas)Regulation 2004 Division 2 Qualifications and disqualifications 5 General qualifications (1) A person is qualified to become a community government’s councillor if the person is an Australian citizen who— (a) lives in the community government area of the community government; and (b) is, under the ElectoralAct1992 , an elector for an electoral district, or a part of an electoral district, included in the community government area of the community government— (i) for the person’s election as a councillor of the community government—when the voters roll for the election is compiled under schedule 2, section 277 or 411; 1 or (ii) for the person’s appointment as a councillor of the community government under section 13 2 —for at least 30 days before the appointment. (2) A person who is a community government’s councillor, whether elected or appointed, is qualified to be a councillor of the community government only while the person— (a) lives in the community government area of the community government; and (b) is, under the ElectoralAct1992 , an elector for an electoral district, or a part of an electoral district, included in the community government area of the community government. (3) This section is subject to sections 6 and 7. 1 Schedule 2 (Elections), section 277 (Cut off day for voters roll) or 411 (Voters roll for fresh election) 2 Section 13 (Filling of later vacancies by appointment)

s 6 11 s 6 Local Government (Community Government Areas) Regulation 2004 6 General disqualifications (1) A person is not qualified to be or become a community government’s councillor if— (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or a corresponding law of another jurisdiction; or (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and a final payment has not been made under the composition; or (d) the person is subject to a term of imprisonment or detention, periodic or otherwise; or (e) the person has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or (f) for a candidate for an election of councillors, or of a councillor, of the community government, the person— (i) has, within 2 years before the day of nomination, been convicted of an offence against the law of Queensland, another State or the Commonwealth, and been sentenced to more than 1 year’s imprisonment; or (ii) has, within 7 years before the day of nomination, been convicted of an offence against schedule 2, section 385; 3 or (iii) has, within 10 years before the day of nomination, been convicted of— (A) a disqualifying electoral offence; or 3 Schedule 2 (Elections), section 385 (Bribery)

s 6 12 s 6 Local Government (Community Government Areas) Regulation 2004 (B) an offence that would be a disqualifying electoral offence, except that the conviction was recorded before the commencement of the Electoral and Other Acts Amendment Act2002 ; or (g) for a councillor of the community government, the person is convicted of— (i) an offence against schedule 2, section 385; or (ii) a disqualifying electoral offence; or (h) the person is a member of an Australian Parliament; or (i) the person is elected or appointed as mayor or a councillor of a local government of another State. (2) For subsection (1)(d), the circumstances in which a person is subject to a term of imprisonment or detention— (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, home detention, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended. (3) For subsection (1)(f)(i)— (a) the provision does not apply if the sentence of imprisonment is suspended; but (b) the provision applies if the sentence of imprisonment is suspended and the person is ordered at any time to actually serve more than 1 year of the term of imprisonment. (4) In this section— corresponding law of another jurisdiction means a corresponding law of another jurisdiction, whether inside or outside Australia. disqualifying electoral offence see the ElectoralAct1992 , section 3.

s 7 13 s 8 Local Government (Community Government Areas) Regulation 2004 7 Disqualification and vacation of office for certain offences (1) This section applies if a person is convicted of an offence against the LocalGovernmentAct1993 , section 244, 4 or schedule 2, section 384, 399 or 401(a) or (b). 5 (2) The person is not qualified to become a community government’s councillor for 4 years after the conviction. (3) If the person is a community government’s councillor, the person vacates the office— (a) if the person appeals against the conviction—on the appeal being dismissed, struck out or discontinued; or (b) if the person does not appeal against the conviction—at the end of the time fixed by law within which an appeal must be started. (4) A court may, by order, direct that this section does not apply to a person if the court is satisfied it would be just to give the direction. 8 Review of lawfulness of membership of community government (1) This section applies to an application for review under the Judicial Review Act 1991 of— (a) the lawfulness of the election or appointment of a community government’s councillor; or (b) the continued eligibility of a person to act as a community government’s councillor. (2) For the purposes of the Judicial Review Act 1991 , any elector of the community government is a person who may make the application. 4 Local Government Act 1993 , section 244 (Exclusion from meeting of councillor with material personal interest) 5 Schedule 2 (Elections), section 384 (False, misleading or incomplete electoral documents), 399 (Influencing voting) or 401 (Voting if not entitled)

s 9 14 s 11 Local Government (Community Government Areas) Regulation 2004 (3) However, subsection (2) does not limit the persons who may make the application. 9 Councillor ceases to be councillor on becoming candidate for the Legislative Assembly A person who is a community government’s councillor ceases to be a councillor if under the ElectoralAct1992 , section 88(3), the person becomes a candidate for an election as a member of the Legislative Assembly. 10 Termination of community government employment on becoming councillor (1) This section applies to the following employees of a community government— (a) the chief executive officer, or acting chief executive officer, of the community government; (b) a finance officer, financial controller, accountant, or holder of another position, whose primary responsibility is the administration of the community government’s finances; (c) the holder of a position with the community government that reports directly to a position mentioned in paragraph (a) or (b). (2) If the employee is elected or appointed as a councillor of the community government, the person is taken to have resigned as an employee on the day the person becomes a councillor. Division 3 Vacancies in office 11 When councillor’s office becomes vacant (1) A person’s office as a community government’s councillor becomes vacant if the person— (a) resigns as a councillor; or

s 12 15 s 12 Local Government (Community Government Areas) Regulation 2004 (b) ceases to be qualified to be or become a councillor under division 2; or (c) without the community government’s leave, is absent from 3 or more consecutive ordinary meetings of the community government over at least 3 months; or (d) is found to be unlawfully elected or appointed, or ineligible to continue to act, as a councillor, on a review under the Judicial Review Act 1991 ; or (e) becomes the chief executive officer, or acting chief executive officer, of the community government; or (f) becomes a finance officer, financial controller, accountant, or holder of another position, whose primary responsibility is the administration of the community government’s finances; or (g) becomes the holder of a position with the community government that reports directly to a position mentioned in paragraph (e) or (f); or (h) is elected to another office of the community government at a by-election; or (i) otherwise ceases to hold the office before the end of the councillor’s term of office. (2) This section does not apply if— (a) the office is the office of mayor of the community government; and (b) the person was appointed to the office, other than under section 13. 12 Filling of earlier vacancies by by-election (1) This section applies if a person’s office as a community government’s councillor becomes vacant before 1 March (the cut-off date ) in the year before the year in which the next quadrennial elections for the community government are to be held. (2) The vacancy must be filled by a by-election. (3) This section does not apply if—

s 13 16 s 13 Local Government (Community Government Areas) Regulation 2004 (a) the office is the office of mayor of the community government; and (b) the person was appointed to the office. 13 Filling of later vacancies by appointment (1) This section applies if a person’s office as a community government’s councillor becomes vacant on or after the cut-off date. (2) Within 14 days after the vacancy happens, the chief executive officer must— (a) by notice displayed in a conspicuous position in the community government area of the community government and in other ways the community government considers appropriate, invite written nominations for appointment to the office from qualified persons; and (b) by notice to each person who was a candidate for the office at the last quadrennial elections for the community government— (i) inform the person of the vacancy; and (ii) ask the person to give notice to the chief executive about whether the person is willing to accept the office if appointed. (3) If qualified persons nominate for appointment or notify a willingness to accept the office if appointed, the community government must fill the vacancy by appointment from among the persons. (4) If the vacancy is not properly filled within 2 months after the vacancy happens, the Governor in Council may appoint a qualified person to fill the vacancy. (5) This section does not apply if— (a) the office is the office of mayor of the community government; and (b) the person was appointed to the office, other than under this section.

s 13A 17 Local Government (Community Government Areas)Regulation 2004 s 13D (6) In this section— qualified person means a person who is qualified to become a councillor of the community government. Division 4 Appointment of financial controllers—Act, section 22 13A Appointment of financial controller—Doomadgee Shire Council (1) Graeme Pearson is appointed as a financial controller for the Doomadgee Shire Council. (2) The appointment is for the period starting on 27 July 2007 and ending on 18 March 2008. 13B Appointment of financial controllers—Pormpuraaw Shire Council (1) Graeme Pearson and Janelle Menzies are each appointed as a financial controller for the Pormpuraaw Shire Council. (2) The appointment is for the period starting on 9 February 2008 and ending on 30 June 2008. 13C Appointment of financial controllers—Napranum Shire Council (1) Andrew Muir and Lisa Niven are each appointed as a financial controller for the Napranum Shire Council. (2) The appointment is for the period starting on 9 November 2007 and ending on 18 March 2008. 13D Appointment of financial controllers—Lockhart River Shire Council (1) Andrew Muir and James Evans are each appointed as a financial controller for the Lockhart River Shire Council.

s 14 18 s 16 Local Government (Community Government Areas) Regulation 2004 (2) The appointment is for the period starting on 7 December 2007 and ending on 18 March 2008. Part 3 Appointment of community government’s mayor 14 Application of pt 3 (1) This part applies to a community government whose mayor is not permitted, under the Act, to be directly elected. (2) However, this part has no application in relation to the 2008 quadrennial elections. 15 Appointment of mayor (1) A community government must appoint a mayor from its councillors, by resolution, at— (a) its first meeting after the conclusion of each quadrennial election; or (b) its first meeting after the conclusion of a fresh election of all of its councillors; or (c) any meeting at which it declares the mayor’s office vacant under section 18; or (d) its first meeting after the mayor’s office otherwise becomes vacant. (2) If, within 21 days after the post-election meeting or the mayor’s office otherwise becomes vacant, the community government has not appointed a mayor, the Minister may, by notice to the community government, appoint a councillor as mayor. 16 Duration of appointment of mayor The mayor’s term of office begins on the day on which the mayor is appointed and ends on the day—

s 17 19 s 18A Local Government (Community Government Areas) Regulation 2004 (a) the next quadrennial election concludes; or (b) the community government is dissolved; or (c) the mayor’s office otherwise becomes vacant. 17 Vacating office of mayor A person’s office as a community government’s mayor becomes vacant if— (a) the person resigns as mayor; or (b) the person’s office as a councillor of the community government becomes vacant under section 11; or (c) the person’s office as mayor is declared vacant under section 18. 18 Office of mayor may be declared vacant (1) A community government, by resolution, may declare the office of mayor is vacant. (2) The resolution may be passed only if notice of the resolution has been given to the members of the community government at least 14 days before the meeting. (3) Subsection (2) has effect despite the LocalGovernmentAct1993 , section 450(1). 6 Part 4 Elections for community governments 18A Application of pt 4 This part has no application in relation to the 2008 quadrennial elections. 6 Local Government Act 1993 , section 450 (Notice of meetings)

s 19 20 s 20 Local Government (Community Government Areas) Regulation 2004 19 Election of councillors The Local Government Act 1993 , chapter 5, as in force at the commencement of this section, applies to elections for community governments with the changes shown in schedule 2. Part 5 Reviewable community government matters 20 Issues identified (1) Subsections (2) and (3) identify issues that may be prescribed under section 18 7 of the Act. (2) The issue of community of interest is that the external boundaries of a community government area should be drawn in a way that has regard to community of interest, including that the community government area should generally— (a) reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and (b) have a centre, or centres, of administration and service easily accessible to its population; and (c) ensure effective elected representation for residents and ratepayers; and (d) have external boundaries that— (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies (including, for example, economic, cultural and ethnic interests or interdependencies); and 7 Section 18 (Commissions must have regard to prescribed issues) of the Act

s 21 21 s 21 Local Government (Community Government Areas) Regulation 2004 (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and (iii) do not dissect properties. (3) The issue of internal boundaries is that the boundaries of the divisions of a community government area should be drawn in a way that has regard to the following— (a) community and diversity of interest; (b) ways of communication; (c) physical features; (d) population density; (e) demographic trends; (f) development trends. (4) In this section— water catchment principle means the principle that water catchment areas should generally be included in the community government area they service. 21 Prescribed issues—Act, s 18 (1) This section prescribes issues to which a commission must have regard under section 18 of the Act when considering a reviewable community government matter. (2) If the reviewable community government matter is a reviewable community government matter mentioned in section 14(1)(a) or (b) 8 of the Act (other than abolishing divisions of a community government area), the commission must have regard to the issue of internal boundaries. 8 Section 14 (Meaning of reviewable community government matter ) of the Act

s 22 22 s 22 Local Government (Community Government Areas)Regulation 2004 Part 6 Working out quota for divided community government areas 22 Working out quota In applying the LocalGovernmentAct1993 , section 285, under section 20 of the Act, the quota is worked out by dividing the total number of electors, as nearly as can be found out— (a) if the relevant community government’s mayor is permitted, under the Act, to be directly elected—by the number of councillors (other than the mayor) of the community government; or (b) if the relevant community government’s mayor is not permitted, under the Act, to be directly elected—by the number of councillors of the community government.

23 Local Government (Community Government Areas)Regulation 2004 Schedule 2 Elections section 19 (The LocalGovernmentAct1993, chapter 5 applied to community governments) 9 Part 1 General 266 Quadrennial elections Councillors of a community government are to be elected once every 4 years. 267 Types of elections (1) If a community government’s mayor is permitted under the Act to be directly elected, a quadrennial or fresh election of the mayor ( words omitted ) is an election for the whole of the community government area for the community government . (2) A quadrennial or fresh election for another councillor of a community government is— (a) if the community government area for the community government does not have divisions—an election for the whole of the area; or (b) if the community government area for the community government has divisions—an election for each division of the area. (3) A by-election to fill a vacancy in the office of a community government councillor is an election for the community government area for the community government , or the division of the community government area for the community government , for which the councillor was elected. 9 Textual changes are indicated by italic script (other than the citations of Acts, definitions and examples).

24 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (4) Elections for an ISG community government are based on the recognised indigenous social groupings of the community government area of the ISG community government, despite subsections (2) and (3). 268 Elections to be held on a Saturday Every community government election must be held on a Saturday. 269 Date of quadrennial elections (1) Quadrennial elections must be held on the same day as quadrennial elections under the Local Government Act 1993 . (2) ( omitted ) (3) ( omitted ) 270 Date of by-elections (1) A by-election to fill a vacancy in the office of a community government councillor is to be held on the date fixed by the returning officer for the election. (2) The date fixed must be within 10 weeks after the vacancy happens. 271 Community governments responsible for expenditure for conducting elections A community government is responsible for expenditure incurred for the conduct of an election in its community government area.

25 Local Government (Community Government Areas)Regulation 2004 Part 2 Schedule 2 (continued) Returning officers 272 Chief executive officer is returning officer (1) The chief executive officer of a community government is the returning officer for every election of a councillor of the community government. (2) This section is subject to section 273. 273 Appointment of returning officer in place of the chief executive officer (1) If the chief executive officer considers on reasonable grounds that it is appropriate to appoint another individual as returning officer for an election, the chief executive officer may make the appointment in the approved form. (2) An individual who is not a current employee of the community government can not be appointed as returning officer for an election unless the chief executive officer— (a) has, by notice displayed in a conspicuous position in the community government area of the community government and in other ways the chief executive officer considers appropriate, invited expressions of interest from individuals who are suitably qualified to conduct elections; and (b) if the chief executive officer considers it appropriate—has invited submissions for appointment as returning officer from any individual the chief executive officer considers may be suitably qualified to conduct elections; and (c) has taken into account— (i) the individual’s qualifications to be a returning officer; and (ii) information supplied by the individual and any referees; and

26 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (iii) the cost of the individual providing the services required. (3) Subsections (4) to (6) apply if a returning officer appointed by the chief executive officer is, for any reason, unable to perform the duties of the returning officer. (4) If possible, the returning officer must immediately inform the chief executive officer. (5) The chief executive officer may become the returning officer or appoint another individual to be the returning officer for the election. (6) To the extent practicable, subsection (2) applies to the appointment of a returning officer under subsection (5) who is not a current employee of the community government. (7) If the chief executive officer believes he or she can not properly perform the duties of returning officer for an election because of a possible conflict of interest, the chief executive officer must ask the Minister to appoint another individual as returning officer for the election. (8) The Minister may appoint another individual as returning officer for the election. 274 Returning officer’s duty for by-election As soon as practicable after fixing the day for holding a by-election, the returning officer must— (a) display in a conspicuous position in the community government area of the community government and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut off day for the voters roll for the by-election; and (b) take the steps required by this regulation for holding the by-election.

27 Local Government (Community Government Areas)Regulation 2004 Part 3 Schedule 2 (continued) Voters roll 275 Returning officer must compile voters roll (1) The returning officer for a community government election must compile the roll of persons entitled to vote at the election (the voters roll ). (2) However, in compiling the voters roll for an election for an ISG community government, the returning officer for the election must— (a) compile the voters roll based on the recognised indigenous social groupings of the community government area of the ISG community government, to the extent necessary for the election; and (b) if a person is not a member of a recognised indigenous social grouping of the community government area of the ISG community government—consult with the elders of the recognised indigenous social groupings of the community government area of the ISG community government about the way in which the person’s name should appear in the voters roll. 276 Qualification for enrolment on voters roll A person is entitled to vote at a community government election if the person is an elector under the ElectoralAct1992 for an electoral district, or a part of an electoral district, included— (a) for an election for the whole of the community government area for the community government —in the area; or (b) for an election for a division of the community government area for the community government —in the division.

28 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 277 Cut off day for voters roll A voters roll must be compiled to 1 of the following dates— (a) for a quadrennial election—31 January in the year of the election; (b) for a by-election to fill a vacancy in the office of a community government councillor—at least 5 days, and not more than 7 days, after the display , under section 274, of notice of the day of the by-election. 278 Use of electoral roll when practicable (1) The voters roll for an election for a community government must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— (a) for an election for the whole of the community government area for the community government —in the area; or (b) for an election for a division of the community government area for the community government —in the division. (2) However, the returning officer may make the changes to the electoral roll, compiled to the cut off day for the voters roll, that are necessary because the boundaries of the area or its divisions are not identical with the boundaries of the electoral district. 279 Requirements of voters roll (1) A voters roll for an election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (1A) Subsection (1)(b) applies to the voters roll for an election for an ISG community government only to the extent that it is

29 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) consistent with a voters roll based on the recognised indigenous social groupings of the community government area of the ISG community government. (2) The returning officer must not include in a voters roll an elector’s address that, under the ElectoralAct1992 , is excluded from the publicly available part of an electoral roll. 280 Voters roll to be open to inspection and purchase (1) A voters roll for an election is open to inspection. (2) Copies of the voters roll must be available for purchase at the community government’s public office. (3) The price of a copy of the voters roll must be no more than the cost to the community government of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. 281 Electoral registrars to help returning officers An electoral registrar under the Electoral Act 1992 must give a returning officer the assistance that the returning officer reasonably requires to compile a voters roll for a community government election. Part 4 Voting 282 Compulsory voting Voting at an election for a community government is compulsory and each elector is entitled to 1 vote only. 283 System of voting (1) The system of voting at an election for a councillor is—

30 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (a) for a community government area divided into single-member divisions—optional-preferential voting; and (b) in any other case—first-past-the-post voting. (2) For an ISG community government, subsection (1)(a) applies as if a reference in that paragraph to divisions were a reference to the recognised indigenous social groupings of the community government area of the ISG community government. Part 5 ( omitted ) Part 6 Conduct of elections Division 1 Preliminary 289 Conduct of elections An election must be conducted under this part. Division 2 Electoral officers 290 Returning officer The returning officer for an election is responsible for its proper conduct.

31 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 291 Assistant returning officers (1) The returning officer for an election may appoint 1 or more assistant returning officers for the election. (2) An appointment under subsection (1) must be in the approved form. 292 Presiding officers (1) The returning officer— (a) may be presiding officer at a polling booth; and (b) must appoint an adult as presiding officer at each polling booth other than the booth where the returning officer is the presiding officer. (2) A presiding officer at a polling booth is responsible for the proper conduct of the poll at the booth and for carrying out the other duties for the election that are required by the returning officer. (3) If a person is unable to act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint an adult as presiding officer at the booth while the person is unable to act. (4) An appointment under subsection (1) or (3) must be in the approved form. 293 Issuing officers (1) The returning officer, or a presiding officer with the returning officer’s approval, may appoint adults ( issuing officers ) to— (a) give ballot papers, declaration envelopes and declaration forms to electors; and (b) perform the other duties for the election that are required by the presiding officer. (2) The appointment must be in the approved form.

32 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (3) Anything done by an issuing officer under subsection (1)(b) is taken to be done by the returning officer or the presiding officer. 294 Declaration by issuing officers An issuing officer must make a declaration in the approved form before acting as an issuing officer. 295 Returning officer may act through other officers If— (a) the returning officer may, under this part, do anything; and (b) the returning officer authorises an assistant returning officer, presiding officer or issuing officer (the authorised officer ) to do the thing; and (c) the authorised officer does the thing; the thing is taken to have been done by the returning officer. Examples — 1 For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division. 2 For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 366, 10 the returning officer is taken to have carried out those functions. 3 Under section 351, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. 10 Section 366 (Official counting of votes)

33 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 296 Assistant returning officer may act through certain authorised officers If— (a) an assistant returning officer may, under this part, do anything; and (b) the assistant returning officer authorises a presiding officer or issuing officer to do the thing; and (c) the presiding officer or issuing officer does the thing; the thing is taken to have been done by the assistant returning officer. 297 Supply and use of voters rolls (1) The returning officer must give to the presiding officer at each polling booth enough copies of the voters roll certified in the approved form by the returning officer. (2) An issuing officer must use a certified copy of the voters roll for taking the ballot in the election. Division 3 Candidates for election or appointment 298 Qualification for nomination (1) Subject to subsection (3), a person who is qualified under part 2, division 2 of this regulation , to become a councillor of a community government may nominate for election or appointment to the community government. (2) A person is not disqualified from nominating because the person is a member of the Legislative Assembly or a community government employee. (3) A person who is a candidate for election as a member of an Australian Parliament, is not qualified to be nominated for

34 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) election or appointed as a councillor of a community government until— (a) for an election under the ElectoralAct1992 —the day the Electoral Commission is notified, under section 122(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)— (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act. 11 (4) ( omitted ) 299 Prohibition of dual candidature (1) A person can not, at the same time, be a candidate— (a) if a community government’s mayor is permitted, under the Act, to be directly elected— for election as mayor of the community government and as another councillor of the community government; or (b) for election as a councillor of a community government for more than 1 division of the community government area of the community government. (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. (3) ( omitted ) 11 Commonwealth Electoral Act 1918 (Cwlth), sections 283 (Return of writ for election of Senators) and 284 (Declaration of poll and return of writs for House of Representatives)

35 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (4) For an ISG community government, subsection (1)(b) applies as if a reference to a division of a community government area were a reference to a recognised indigenous social grouping of the community government area of the ISG community government. 300 Leave to community government employee to contest election (1) A community government employee who nominates as a candidate for election as a community government councillor is entitled to leave of absence for a period of not more than 2 months to contest the election. (2) A community government employee may use any entitlement to accrued leave with pay as leave to which the employee is entitled under subsection (1). (3) Unless leave is taken under subsection (2), the community government employee is not entitled to payment of salary or wages for any period of leave taken under subsection (1). (4) ( omitted ) Division 4 Nominations of candidates for election 301 Calling for nominations (1) The returning officer must publish, by displaying a notice in a conspicuous position in the community government area or division of the community government area, and in other ways the returning officer considers appropriate , notice of the election ( words omitted ). (2) The notice must— (a) be in the approved form; and (b) specify a day as the nomination day—

36 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (i) not less than 10, or more than 21, days after the day of publication of the notice; and (ii) not less than 21, or more than 42, days before the day on which the election is to be held; and (c) specify a place of nomination; and (d) invite nominations of candidates for the election. (3) The place of nomination must be— (a) the community government’s public office; or (b) a place in its area convenient generally to persons in its area. 302 Who may nominate (1) A candidate for election as a councillor of a community government must be a person who is qualified under section 298 to nominate for the election. (2) ( omitted ) 303 How and when nomination is given (1) A person who wishes to be a candidate for election must be nominated by— (a) ( omitted ) (aa) for an ISG community government—at least 2 electors for the recognised indigenous social grouping of the community government area of the ISG community government for which the election is to be held; or (b) for a community government that is not an ISG community government— at least 2 electors for the community government area, or division of the community government area, for which the election is to be held. (2) A nomination must be— (a) in the approved form; and

37 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (b) given to the returning officer after the nominations are invited for the election but before noon on the nomination day. 304 Deposit to accompany nomination (1) Before noon on the nomination day, the person nominating as a candidate must deposit, in cash or by a cheque drawn by a financial institution, with the returning officer— (a) $150; or (b) ( omitted ) (2) The deposit must be held in the trust fund of the community government until it is refunded, or becomes the property of the community government, under this part. 305 Special grounds for deciding a person is not properly nominated ( omitted ) 306 Certificate of returning officer (1) If the returning officer is satisfied a person has been properly nominated for election, the returning officer must— (a) certify the nomination, in the approved form; and (b) give a copy of the certificate to the candidate. (2) The certificate must specify the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper. (3) A person is properly nominated for election if— (a) sections 302 to 304 have been complied with, or have been substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 299 does not apply to the person’s nomination; and

38 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (c) the nomination has not been withdrawn. (4) The returning officer is not obliged to look beyond— (a) the form of nomination and payment of the deposit; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election ( words omitted ); or (ii) the nominee is, under the ElectoralAct1992 , an elector for an electoral district, or part of an electoral district, included in the community government area of the community government. (5) If a nomination is wrongly certified by the returning officer, the certification, or the issue of a copy of the certificate, does not validate the nomination. 307 Display of nominations As soon as practicable after receipt of a nomination, the returning officer must display a copy of the nomination in a conspicuous position at the place of nomination and, if that place is not the community government’s public office, at the public office. 308 Termination of candidature before noon on nomination day (1) A person nominated as a candidate for election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. (2) If this happens— (a) the nomination is of no effect; and (b) the person’s deposit must be refunded to the person.

39 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 309 Death of candidate If a person nominated as a candidate for election dies before noon on the nomination day— (a) the nomination is of no effect; and (b) the person’s deposit must be refunded to the person’s personal representative. 310 Procedure if number of candidates not more than number required (1) If the number of candidates properly nominated for election does not exceed the number required to be elected— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day , display a notice in the approved form in a conspicuous position in the community government area, or division of the community government area, for which the election was to be held, that the nominees are taken to have been elected. (2) If— (a) no-one is nominated as a candidate for an election; or (b) the number of candidates nominated is less than the number required to be elected; the Governor in Council may, by gazette notice, appoint as councillors of the community government, the number of persons necessary to constitute fully the community government. (3) Each person appointed as a councillor must be qualified to be elected as a councillor of the community government for the community government area, or division of the community government area, for which the election was to be held. (4) The persons appointed are taken to have been properly elected as councillors of the community government.

40 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (5) For an ISG community government, subsections (1) and (2) apply as if references in those subsections to an election were a reference to an election relating to a recognised indigenous social grouping of the community government area of the ISG community government. 311 Procedure if number of candidates exceeds number required (1) If the number of candidates properly nominated for election exceeds the number required to be elected, a poll must be conducted under this part. (2) The returning officer must give public notice that a poll will be conducted. (3) The notice must— (a) be in the approved form; and (b) specify— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 327; and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and (c) be displayed in a conspicuous position at the place of nomination and, if that place is not the community government’s public office, displayed at the public office; and (d) ( omitted ) (4) Display of a notice under subsection (3)(c) must—

41 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll. 312 Supply of voters roll (1) If a poll is to be conducted in the election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. (2) The copy of the roll must be certified by the returning officer in the approved form. 313 Procedure on death of candidate when poll to be conducted (1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day— (a) for a candidate as mayor—the proceedings for the election of the mayor must start again; and (b) for a candidate as councillor (other than mayor) if the community government area of the community government is undivided—the proceedings for the election of the councillors must start again; and (c) for a candidate as a councillor for a division of the community government area of the community government—the proceedings for the election of councillors for the division must start again; and (d) for a candidate as a councillor for a recognised indigenous social grouping of the community government area of an ISG community government—the proceedings for the election of councillors for the indigenous social grouping must start again. (2) The deceased candidate’s deposit must be refunded to the candidate’s personal representative. (3) The deposits of other candidates must be refunded to the candidates.

42 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (4) Despite subsection (1), the Governor in Council may, by gazette notice, direct that proceedings for holding an election of all councillors of the community government start again. (5) If proceedings are started again, the Governor in Council must, by gazette notice, fix a new polling day for the election. 314 Disposal of deposits generally (1) As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the candidate if— (a) the candidate is elected; or (b) if the system of voting at the election is optional-preferential voting—the number of first preference votes received by the candidate is more than 4% of the total number of formal first preference votes cast in the election for the division or indigenous social grouping for which the candidate nominated ; or (c) if the system of voting at the election is first-past-the-post voting—the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (2) ( omitted ) (3) All other candidates’ deposits become the property of the community government and must be paid into its operating fund. (4) ( omitted ) 315 If successful candidate dies If a candidate who is successful at the election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate.

43 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 316 Extension of times (1) This section applies if— (a) a nomination day is specified under section 301 for the election; or (b) a polling day is specified under section 311 for the election. (2) The Governor in Council may, by gazette notice, fix a later day as the nomination or polling day. (3) The returning officer must display a notice in a conspicuous position in the community government area, or division of the community government area, for which the election is to be held giving any necessary directions to candidates for election, and to electors, about the procedures to be followed. Division 5 Ballots 317 Poll by ballot A poll must be conducted by ballot taken under this part. 318 Direction that poll be conducted by postal ballot (1) If the community government area of the community government includes a large rural sector, the Governor in Council may, by gazette notice, direct that a poll be conducted by postal ballot. (2) The direction may be given for— (a) the whole of its area; or (b) 1 or more divisions of its area; or (c) a part of its area marked on a map. (3) The map is open to inspection at the public office of the community government.

44 Local Government (Community Government Areas)Regulation 2004 Division 6 Schedule 2 (continued) Polling booths 319 Polling booths—general (1) A place on or from which liquor may lawfully be sold can not be used as a polling booth. (2) However, a civic or cultural centre, community hall or similar place under the community government’s control, may be used as a polling booth if— (a) the floor area for taking the ballot is designated in the notice of the conduct of the poll under section 311; and (b) the community government ensures that no liquor will be sold or supplied in that area during the taking of the ballot. (3) The returning officer— (a) may arrange for a polling booth within or outside the community government area, or division of the community government area, to be used in an election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. (4) The returning officer may arrange for all polling booths or specified polling booths for an election in a division of the community government area to also be used for any other election conducted at the same time for, or for a division of, the community government area.

45 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 320 Provision of ordinary polling booths (1) For the purpose of taking a ballot in the election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote. (2) The returning officer may— (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer’s control. (3) If, after publication of the notice under section 311, the returning officer arranges for the use of an ordinary polling booth, the officer must give public notice— (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8a.m. to 6p.m. (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must give public notice of the cancellation. (5) Notice under subsection (3) or (4) must be given in the way that the returning officer considers is the best way to inform electors generally. 321 Declaration of mobile polling booths (1) If the returning officer is satisfied residents in an institution should be able to vote at the institution in a poll, the returning officer may arrange for the whole or a part of the institution to be available as a mobile polling booth to enable residents in the institution to vote there in the poll. (2) If the returning officer is satisfied a part of the community government area or division of the community government

46 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) area does not have enough electors to justify the use of an ordinary polling booth in the part, the returning officer may arrange for the whole or part of any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll. (3) If the returning officer acts under subsection (1) or (2), the officer must fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting. (4) The returning officer must, by displaying a notice in a conspicuous position in the relevant part of the community government area— (a) declare the whole or part of the relevant institution or place as a mobile polling booth for the election; and (b) specify the times at which votes may be cast at the booth. (5) The notice must be in the approved form. (6) The returning officer also must give written notice to the candidates for election of the declaration of the mobile polling booth and the times at which votes may be cast at the booth. (7) On the declaration of a mobile polling booth for an election, the electors resident in the relevant institution or the electors resident in the part of the community government area in which the booth is situated, may vote in the election at the booth during the times specified for the booth in the notice published under subsection (4). 322 Duty of person in charge of institution (1) If the returning officer arranges for the whole or part of an institution to be used as an ordinary polling booth, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth. (2) If the returning officer declares the whole or part of an institution as a mobile polling booth, the person in charge of

47 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) the institution must allow residents in the institution and issuing officers to have access to the booth whenever votes may be cast at the booth. 323 Privacy of voting The returning officer must ensure that each polling booth is provided with enough voting compartments, or other adequate facilities, to allow the casting of votes in private. Division 7 Ballot boxes, papers and other documents 324 Ballot boxes generally (1) A ballot box used in a poll must be under the scrutiny and effective control of an issuing officer. (2) A ballot box must— (a) have an opening of a size sufficient to allow folded ballot papers and declaration envelopes to be put in the box; and (b) be open to inspection by issuing officers, candidates for election at the poll, and scrutineers properly appointed for the poll, before the box is locked or sealed for receipt of ballot papers. 325 Requirements of ballot papers (1) If a poll is to be conducted, the returning officer must arrange for the printing of all ballot papers to be used in taking the ballot in the poll. (2) A ballot paper must— (a) be in the approved form; and (b) be of material that, when folded, the vote cast by the elector on the paper is effectively concealed; and

48 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (c) be attached to a butt that— (i) is not part of the ballot paper; and (ii) is perforated to allow the ballot paper to be easily detached from the butt; and (iii) is numbered in regular arithmetical sequence, starting with the numeral 1 and proceeding by intervals of one whole numeral, so that each butt for the community government area, or division of the community government area, for which the poll is conducted has a unique number; and (d) show the name of each candidate for election as required by subsection (3); and (e) if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and (f) ( omitted ) (2A) Subsection (2)(c)(iii) applies to the butts for the ballot papers for a poll for the community government area of an ISG community government as if, for each recognised indigenous social grouping of the community government area of the ISG community government, the poll were a separate poll. (3) A ballot paper must— (a) contain the name of each candidate once only by showing first the surname followed by the given name or names; and (b) show the names of the candidates in the order decided under section 327. (4) A ballot paper must not contain anyone else’s name. 326 Separate ballot papers for separate polls (1) This section applies if a community government’s mayor is permitted, under the Act, to be directly elected .

49 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (2) If a poll for election of the mayor is to be conducted when a poll for election of another councillor of the community government is conducted , separate ballot papers must be used for the polls unless the returning officer decides to use a combined ballot paper. 327 Order of listing of candidates’ names (1) The order in which names of candidates for election are to be listed on ballot papers and notices under section 311 is to be decided under this section. (2) The order must be decided by the returning officer as soon as practicable after noon on the nomination day. (3) The returning officer must, in the presence of 2 witnesses— (a) write the name of each candidate on a separate sheet of paper; and (b) ensure that each piece of paper is of the same kind, shape, size and colour; and (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and (e) after each piece of paper has been placed in an envelope, seal the envelope; and (f) put all the envelopes in a container and shuffle them; and (g) draw out the envelopes, 1 at a time; and (h) as each envelope is drawn out, open it and record the name of the candidate shown on the piece of paper in the envelope.

50 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (4) The order in which the names are recorded is the order in which the names are to appear on the ballot paper and notices under section 311. (5) The returning officer must allow each candidate, or the candidate’s representative, to be present when the order of candidates’ names is decided. 328 Distribution of ballot papers (1) The returning officer must ensure a sufficient number of ballot papers is available at all polling booths. (2) The returning officer must prepare a delivery note in the approved form in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths. (3) The approved form must— (a) show details of the number of ballot papers supplied; and (b) show the range of numbers of the ballot papers; and (c) include a form of acknowledgment of receipt of the ballot papers. (4) Two copies of the delivery note must be included in the parcel of ballot papers. (5) As soon as practicable after a presiding officer receives a parcel of ballot papers, the presiding officer must— (a) check the contents against the details shown in the delivery note; and (b) complete the particulars prescribed by the delivery note; and (c) sign the form of acknowledgment included in the delivery note. (6) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by—

51 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (a) if another presiding officer is available—the other presiding officer; or (b) if another presiding officer is not available—a responsible person. (7) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgment and the form must be signed by the presiding officer and the person who made the countercheck. (8) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 363. 329 Correction of errors etc. Any error, omission or delay in respect of any voters roll, ballot papers or other document to be used in a poll may be corrected by procedures directed by the Governor in Council, by gazette notice. Division 8 Scrutineers 330 Candidates’ entitlement to scrutineers A candidate for election is entitled to have 1 scrutineer present for each issuing officer at a polling booth or at a place for examination of declaration envelopes or counting of votes— (a) before and at all times when electors may vote in the booth; and (b) at all times during the examination or counting. 331 Appointment of scrutineers (1) A candidate for election may, in the approved form, appoint adults as scrutineers for the candidate.

52 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (2) On appointment, a scrutineer must make a declaration in the approved form before the returning officer or a presiding officer. 332 Proof of identification A scrutineer must— (a) carry evidence of identification and of the person’s appointment as a scrutineer; and (b) on demand, produce the evidence to an issuing officer. 333 Powers of scrutineers (1) A scrutineer for a candidate for election is entitled to be present— (a) in a polling booth—before taking the ballot in the poll starts to inspect ballot boxes; and (b) in a polling booth and any office of the presiding officer at the booth—when electors may vote in the booth; and (c) in a polling booth or other place—to watch the examination of declaration envelopes and counting of votes. (2) A scrutineer may— (a) object to an issuing officer’s decision on a person’s entitlement to vote at the election; and (b) object to the acceptance or rejection of a ballot paper by the returning or presiding officer; and (c) record details of persons who vote at the election at a polling booth and remove the record from the booth.

53 Local Government (Community Government Areas)Regulation 2004 Division 9 Schedule 2 (continued) Voting generally 334 Who may vote Only electors may vote in a ballot taken in a poll. 335 When votes may be cast at an ordinary polling booth or mobile polling booth (1) Voting at an ordinary polling booth must take place between 8a.m. and 6p.m. on polling day. (2) However, an elector who is in an ordinary polling booth at 6p.m. on polling day, for the purpose of voting in the poll, must be allowed to vote. (3) Voting at a mobile polling booth must take place during the times fixed for the booth by the returning officer. (4) However, an elector who is in a mobile polling booth at the time of the close of voting at the booth, for the purpose of voting in the poll, must be allowed to vote. 336 Procedure for voting at a polling booth (1) Subject to sections 338 and 340, an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section. (2) The elector must enter a polling booth for the community government area, or division of the community government area, during voting hours at the booth. (3) In the polling booth, the elector must give the elector’s full name and address to an issuing officer. (4) If the elector— (a) has a ballot paper and declaration envelope for the election; and (b) does not intend to cast a declaration vote;

93 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992 . Division 16 Enforcement Subdivision 1 Offences in general 383 False or misleading statements (1) A person must not— (a) state something under this schedule that the person knows is false or misleading in a material particular; or (b) omit from a statement made under this schedule anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—20 penalty units ( words omitted ). (2) A complaint against a person for a contravention of subsection (1) is sufficient if it states that the statement was false or misleading to the person’s knowledge. 384 False, misleading or incomplete electoral documents A person must not give a document under this schedule containing information that the person knows is false, misleading or incomplete in a material particular without— (a) indicating that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (b) giving the correct information if the person has, or can reasonably obtain, the correct information. Maximum penalty—20 penalty units ( words omitted ).

94 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 385 Bribery (1) In this section— election conduct of a person means— (a) the way in which the person votes at an election; or (b) the person’s nominating as a candidate for an election; or (c) the person’s support of, or opposition to, a candidate ( words omitted ) at an election. (2) A person must not— (a) ask for or receive; or (b) offer, or agree, to ask for or receive; property or a benefit of any kind (whether for the person or someone else) on the understanding that the person’s election conduct will be influenced or affected. (3) A person must not, in order to influence or affect another person’s election conduct, give, or promise or offer to give, property or a benefit of any kind to anyone else. Maximum penalty— 20 penalty units ( words omitted ). 386 Providing money for illegal payments A person must not knowingly give money for— (a) any payment that is contrary to law relating to elections; or (b) replacing any money that has been spent in making a payment mentioned in paragraph (a). Maximum penalty— 20 penalty units ( words omitted ).

95 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 387 Improperly influencing electoral officers A person must not improperly influence an electoral officer in the performance of the officer’s duties under this regulation . Maximum penalty— 20 penalty units ( words omitted ). 388 Interfering with election right or duty A person must not hinder or interfere with the free exercise or performance, by another person, of another right or duty under this regulation that relates to an election. Maximum penalty—20 penalty units ( words omitted ). 389 Forging or uttering electoral papers (1) A person must not— (a) forge an electoral paper; or (b) utter a forged electoral paper knowing it to be forged. Maximum penalty—20 penalty units ( words omitted ). (2) A person must not make someone else’s signature on an electoral paper. Maximum penalty for subsection (2)—20 penalty units. 390 Wilful neglect etc. of electoral officers An electoral officer must not wilfully neglect or fail to perform a duty under this regulation . Maximum penalty—20 penalty units. 391 No record to be made of vote cast An electoral officer, or scrutineer, must not make a mark, memorandum or note on a voters roll or other list of voters or otherwise— (a) that indicates for whom a person has cast a vote; or

96 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (b) that would enable the officer or scrutineer to know or remember for whom a person has cast a vote. Maximum penalty—10 penalty units. Subdivision 2 Offences about electoral advertising and information 392 Responsibility for election matter (1) A person must not, during the election period for an election— (a) print, publish, distribute or broadcast; or (b) permit or authorise someone else to print, publish, distribute or broadcast; any advertisement, handbill, pamphlet or notice containing election matter unless there appears, or is stated, at its end the particulars required by subsection (2). Maximum penalty—20 penalty units. (2) The particulars are the name and address, other than a post office box or facility, of the person who authorised the advertisement, handbill, pamphlet or notice. (3) Subsection (1) does not apply to an advertisement that— (a) is printed, published or distributed on a car sticker, T-shirt, lapel badge, pen, pencil or balloon; or (b) ( omitted ) (4) Also, subsection (1) does not apply to distributing, or permitting or authorising someone else to distribute, a how-to-vote card. 392A Distribution of how-to-vote cards (1) During the election period for an election, a person must not distribute, or permit or authorise someone else to distribute, a

97 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) how-to-vote card that does not comply with subsections (2) to (5). Maximum penalty— (a) for an individual—20 penalty units; or (b) for a corporation— 20 penalty units. (2) A how-to-vote card must state the name and address of the person who authorised the card. (3) For subsection (2)— (a) the address must not be a post office box; and (b) if the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates, the authorising person must be a member of the group. (4) A how-to-vote card must also state— (a) ( omitted ) (b) ( omitted ) (c) otherwise—the candidate’s name and the word ‘candidate’. ( words omitted ) Example for paragraph (c) — ‘Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)’. (5) The particulars mentioned in subsections (2) and (4) must appear— (a) at the end of each printed face of the how-to-vote card; and (b) in prominent and legible characters in print no smaller than— (i) if the card is not larger than A6—10 point; or (ii) if the card is larger than A6 but not larger than A3—14 point; or (iii) if the card is larger than A3—20 point.

98 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (6) During the election period for an election, a person must not distribute, or permit or authorise someone else to distribute, a how-to-vote card if the person knows, or ought reasonably to know, that the particulars, or any of the particulars, mentioned in subsections (2) and (4) on the card are false. Maximum penalty— (a) for an individual—20 penalty units; or (b) for a corporation— 20 penalty units. (7) ( omitted ) 393 Headline to electoral advertisements The proprietor of a newspaper commits an offence if— (a) an article, or a paragraph, containing matter about an election is printed in the newspaper; and (b) either— (i) the insertion of the article or paragraph is, or is to be, paid for; or (ii) any reward or compensation, or promise of reward or compensation, is, or is to be, made for the insertion of the article or paragraph; and (c) the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer. Maximum penalty—10 penalty units. 394 Misleading voters (1) During an election period, a person must not print, publish, distribute or broadcast anything that is intended or likely to mislead an elector about the way of voting at the election. (2) A person must not, for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact about the personal character or conduct of the candidate.

99 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (3) During an election period, a person must not print, publish, distribute or broadcast by television anything that purports to be a representation of a ballot paper for use in the election, if it is likely to induce an elector to vote other than in accordance with this part. Maximum penalty— 20 penalty units. Subdivision 3 Offences about voting 395 Failure to vote (1) An elector must not— (a) fail to vote at an election without valid and sufficient reason; or (b) fail to comply with the requirements of a notice given to the elector under section 375; or (c) in purporting to comply with the requirements of a notice given to the elector under section 375, make a statement the elector knows to be false or misleading in a material particular. Maximum penalty—1 penalty unit. (2) An elector’s belief that it is part of the elector’s religious duty not to vote at elections is valid and sufficient reason for the elector’s failure to vote in a particular election. (3) A complaint against a person for a contravention of subsection (1)(c) is sufficient if it states that the statement was false or misleading to the person’s knowledge. 396 Leave to vote (1) This section applies if— (a) an employee who is an elector asks his or her employer, before polling day for an election, for leave of absence to vote at the election; and

100 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (b) the absence is necessary to enable the employee to vote at the election. (2) The employer must allow the employee leave of absence for a reasonable period (not more than 2 hours) to enable the employee to vote at the election, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned. (3) The employer must not impose any penalty or disproportionate deduction of pay for the leave of absence. (4) An employee must not ask for leave of absence under subsection (1) to vote at an election unless the employee genuinely intends to vote at the election. Maximum penalty—10 penalty units. 397 Canvassing in or near polling booths (1) During an election period, a person must not do any of the things mentioned in subsection (2)— (a) inside a polling booth; or (b) within 6m of an entrance to a building if— (i) the building is, or is part of, a polling booth; and (ii) either a ballot box is in the building for use in the election, or a person is in the building for the purpose of casting a vote in the election. (2) The things are— (a) canvassing for votes; or (b) inducing an elector not to— (i) vote in a particular way; or (ii) vote at all in the election; or (c) loitering; or (d) obstructing the free passage of a person seeking to vote. Maximum penalty—10 penalty units.

101 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 398 Interrupting voting etc. A person must not— (a) enter or remain in a polling booth other than under this regulation ; or (b) wilfully interrupt, obstruct or disturb any proceeding at an election; or (c) enter a voting compartment other than under this regulation ; or (d) prevent a scrutineer from entering or leaving a polling place— (i) during voting hours for the polling place; or (ii) while votes are being counted at the polling place; or (e) obstruct or wilfully mislead an electoral officer in the performance of a duty. Maximum penalty—10 penalty units. 399 Influencing voting A person must not, by violence or intimidation, influence a person’s vote at an election. Maximum penalty— 20 penalty units ( words omitted ). 400 Party badges not to be worn in polling booths ( omitted ) 401 Voting if not entitled A person must not, at an election— (a) vote in someone else’s name (including a dead or fictitious person); or (b) vote more than once; or

102 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (c) cast a vote that the person knows the person is not entitled to cast; or (d) if the person knows someone else is not entitled to vote at the election—procure the other person to vote. Maximum penalty—20 penalty units ( words omitted ). 402 Offences relating to ballot papers (1) A person must not— (a) wilfully fail to comply with section 336 or 351; or (b) take a ballot paper out of a polling booth other than under this part; or (c) place in a ballot box a ballot paper that has not been— (i) given to an elector under this part; or (ii) marked by the elector. (2) A person must not, without lawful excuse, obtain possession of or have in the person’s possession— (a) a ballot paper that has been marked by anyone else; or (b) a declaration form or envelope that has been signed by anyone else. Maximum penalty—20 penalty units ( words omitted ). 403 Failure to deliver or post documents for someone else (1) If a person is given, for delivery or posting to the returning officer— (a) an application by someone else to be treated as a declaration voter; or (b) a declaration form that appears to be completed; the person must promptly deliver or post it to the returning officer.

103 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (2) If a person is given, for delivery or posting to the returning officer, a declaration envelope that appears to be completed, the person must give or post it to the returning officer before 6p.m. on polling day. Maximum penalty—20 penalty units ( words omitted ). 404 Breach of confidentiality of vote (1) A person must not examine a ballot paper used in the election to ascertain the candidates for whom an elector has voted. (2) Subsection (1) does not apply to a proceeding in a court or a person in the performance of functions under this regulation . (3) If, in performing a function for an election, a person has ascertained the candidates for whom an elector has cast a vote, the person must not disclose, or assist in disclosing, that fact, unless the person is required by law to make the disclosure. Maximum penalty—20 penalty units ( words omitted ). 405 Breaking seals on parcels A person must not wilfully open or break the seal of a parcel or packet sealed under this part unless the person is authorised under this regulation or ordered by a court to open or break the seal. Maximum penalty—20 penalty units ( words omitted ). 406 Duty of witness to signing of declaration voting papers A person (the witness ) must not sign a declaration envelope as witness under section 351 unless— (a) the witness is satisfied of the identity of the elector who signs the declaration before the witness; and (b) the witness has seen the elector sign the declaration; and (c) either—

104 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (i) the witness knows that the declaration made by the elector is true; or (ii) the witness is satisfied that the declaration is true because of inquiries of the elector or otherwise. Maximum penalty—20 penalty units ( words omitted ). Subdivision 4 Injunctions 407 Injunctions to restrain contravention of schedule (1) An application may be made to the Supreme Court for an injunction if— (a) either— (i) a person (the offending party ) has engaged, is engaging or proposes to engage in conduct; or (ii) a person (also the offending party ) has failed, is failing or proposes to fail to do anything; and (b) the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this schedule . (2) Without limiting the operation of subsection (1), an application may also be made to the Supreme Court for an injunction if a returning officer for an election decides a person is not properly nominated for the election. (3) The application may be made by the returning officer or a candidate, or nominee as a candidate, for election. (4) The court may grant an interim injunction pending determination of the application. (5) If a returning officer makes the application, the court must not require the officer or anyone else to give an undertaking about damages as a condition of granting an interim injunction. (6) On consideration of the application, the court may— (a) if subsection (1)(a)(i) applies—

105 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (i) grant an injunction restraining the offending party from engaging in the conduct concerned; and (ii) also require the offending party to do anything to prevent or remedy the contravention; or (b) if subsection (1)(a)(ii) applies—grant an injunction requiring the offending party to do the thing in question; or (c) if subsection (2) applies—grant an injunction requiring the returning officer to accept the person’s nomination for the election. (7) The court may grant the injunction— (a) if the court is satisfied the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1)—whether or not it appears to the court that the offending party intends— (i) to engage again or continue to engage in the conduct; or (ii) to fail or continue to fail to do the thing; or (b) if it appears to the court that, if the injunction is not granted, it is likely the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1), whether or not— (i) the offending party has previously engaged in the conduct or failed to do the thing; or (ii) there is imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing. (8) The court may refuse to grant an injunction if it appears to the court that application was not made to the court at the earliest possible opportunity. (9) The court may discharge or vary the injunction or an interim injunction.

106 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) (10) The powers conferred on the court by this section are in addition to, and do not limit, other powers of the court. Part 7 Fresh elections 408 Requirements for fresh election (1) A regulation may direct that a fresh election of councillors of a community government be held if the Legislative Assembly ratifies the dissolution of the community government under the Local Government Act 1993 , section 164(1). (2) A regulation may direct that a fresh election of councillors of a community government, or a division of a community government area , be held if — (a) action is taken to implement a reviewable local government matter under the LocalGovernmentAct1993, chapter 3, part 1; or (b) action is taken to implement a reviewable community government matter under the LocalGovernmentAct1993, chapter 3, part 1, as applied by section 15(1) of the Act. (3) ( omitted ) (4) A direction under subsection (1) may be given only after the ratification of the dissolution. (5) A direction under subsection (2) may be given at the time the action mentioned in that subsection is taken or at a later time. (6) For an ISG community government, subsection (2) applies as if a reference to a division of a community government area were a reference to a recognised indigenous social grouping of the community government area of the ISG community government.

107 Local Government (Community Government Areas)Regulation 2004 Schedule 2 (continued) 409 Time for fresh election The day on which a fresh election is to be held is a Saturday fixed by regulation made under section 408. 410 Returning officer for fresh election The returning officer for a fresh election of councillors of a community government is the community government’s chief executive officer or, if there is no chief executive officer, a person appointed by the Minister. 411 Voters roll for fresh election A voters roll for a fresh election must be compiled under the regulation directing the holding of the fresh election. 412 Other provisions of schedule apply The provisions of this schedule (other than this part) apply, with all necessary changes and any changes prescribed by regulation, to a fresh election as if the election were a quadrennial election. 413 Extension of term of councillors In directing a fresh election, a regulation may declare that the councillors elected at the fresh election are elected for a term ending at the conclusion of the quadrennial elections after the next quadrennial elections. Part 8 ( omitted )

108 Local Government (Community Government Areas)Regulation 2004 Schedule 3 Dictionary section 3 cut-off date see section 12(1). directly elected , for a community government’s mayor, means directly elected by the electors of the community government area of the community government. indigenous social grouping means a group of indigenous persons sharing a common basis of social affiliation, including family relationship, language, traditional land ownership and historical association. ISG community government means a community government for a community government area that has recognised indigenous social groupings. recognised indigenous social grouping , of the community government area of a community government, means an indigenous social grouping of the community government area that is recognised for elections for the community government under the Local Government Act 1993 , chapter 3, part 1, as applied by section 15(1) of the Act.

109 Local Government (Community Government Areas) Regulation 2004 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 9 February 2008. Future amendments of the Local Government (Community Government Areas) Regulation 2004 may be made in accordance with this reprint under the Reprints Act1992, section 49.

110 Local Government (Community Government Areas) Regulation 2004 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 1E 2 2A Amendments included none 2007 SL No. 72 2007 SL No. 181 2007 SL No. 195 2007 SL No. 272 2007 SL No. 311 — 2008 SL No. 10 Effective 1 January 2005 27 April 2007 27 July 2007 10 August 2007 9 November 2007 7 December 2007 7 December 2007 9 February 2008 Notes R1E withdrawn, see R2

111 Local Government (Community Government Areas) Regulation 2004 5 List of legislation Local Government (Community Government Areas) Regulation 2004 SL No. 319 made by the Governor in Council on 16 December 2004 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) exp 1 September 2015 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Local Government (Community Government Areas) Amendment Regulation (No. 1)2007 SL No. 72 notfd gaz 27 April 2007 pp 1887–90 commenced on date of notification Local Government (Community Government Areas) Amendment Regulation (No. 2)2007 SL No. 181 notfd gaz 27 July 2007 pp 1645–6 commenced on date of notification Local Government (Community Government Areas) Amendment Regulation (No. 3)2007 SL No. 195 notfd gaz 10 August 2007 pp 1901–2 commenced on date of notification Local Government (Community Government Areas) Amendment Regulation (No. 4)2007 SL No. 272 notfd gaz 9 November 2007 pp 1355–7 commenced on date of notification Local Government (Community Government Areas) Amendment Regulation (No. 5)2007 SL No. 311 notfd gaz 7 December 2007 pp 1978–82 commenced on date of notification Local Government (Community Government Areas) Amendment Regulation (No. 1)2008 SL No. 10 notfd gaz 1 February 2008 pp 465–7 ss 1–2 commenced on date of notification remaining provisions commenced 9 February 2008 (see s 2) 6 List of annotations Division 4—Appointment of financial controllers—Act, section 22 div hdg ins 2007 SL No. 72 s 3 sub 2007 SL No. 195 s 3

112 Local Government (Community Government Areas) Regulation 2004 Appointment of financial controller—Doomadgee Shire Council s 13A ins 2007 SL No. 72 s 3 sub 2007 SL No. 181 s 3 Appointment of financial controllers—Pormpuraaw Shire Council s 13B ins 2007 SL No. 195 s 4 sub 2008 SL No. 10 s 4 Appointment of financial controllers—Napranum Shire Council s 13C ins 2007 SL No. 272 s 3 Appointment of financial controllers—Lockhart River Shire Council s 13D ins 2007 SL No. 311 s 3 Application of pt 3 s 14 amd 2007 SL No. 311 s 4 Application of pt 4 s 18A ins 2007 SL No. 311 s 5 PART 7—AMENDMENT OF REGULATIONS pt 7 (s 23) om R1 (see RA ss 7(1)(k) and 40) SCHEDULE 1—CONSEQUENTIAL AND OTHER AMENDMENTS OF REGULATIONS om R1 (see RA s 40) © State of Queensland 2010