Local Government (Forms) Regulations 1984 (SA)

(Reprint No. 2)

SOUTH AUSTRALIA

THE LOCAL GOVERNMENT (FORMS) REGULATIONS, 1984

These regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate all amendments in force as at 6 February 1997.

SUMMARY OF PROVISIONS

1.                  General provisions

2.                  Declaration votes—requirements for envelopes

SCHEDULES

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE LOCAL GOVERNMENT

ACT, 1934

THE LOCAL GOVERNMENT (FORMS) REGULATIONS, 1984

being

No. 147 of 1984: Gaz. 2 August 1984, p. 4641

as varied by

No. 254 of 1986: Gaz. 24 December 1986, p. 19522

No. 28 of 1988: Gaz. 3 March 1988, p. 525

No. 266 of 1988: Gaz. 22 December 1988, p. 21283

No. 11 of 1997: Gaz. 6 February 1997, p. 8494

1 Came into operation 16 August 1984: reg. 2.

2 Came into operation 8 January 1987: reg. 2.

3 Came into operation 1 January 1989: reg. 2.

4 Came into operation 6 February 1997: reg. 2.

NOTE:

Asterisks indicate repeal or deletion of text.

Entries appearing in bold type indicate the amendments incorporated since the last reprint.

For the legislative history of the regulations see Appendix.

General provisions

1. (1) These Regulations may be cited as The Local Government (Forms) Regulations, 1984.

(1a) In these regulations—

"Act" means the Local Government Act 1934.

(2) Pursuant to section 52 of the Act:

(a)	A member shall make a declaration in the form set out in the First Schedule; and
(b)	A declaration referred to in paragraph (a) of this subregulation shall be made before a Justice of the Peace.

(3) Pursuant to section 82(3) of the Act the identity card issued to an authorised person shall be in the form set out in the Second Schedule.

(4) Pursuant to section 91(1)(a)(ii) of the Act the declaration by a person applying to be enrolled on the voters roll shall be in the form set out in the Third Schedule.

(5) Pursuant to section 91(2) of the Act a notice in writing (together with the declaration contained therein) by a body corporate that is entitled to be enrolled on a voters’ roll pursuant to section 91(1)(b) of the Act, shall be in the form set out in the Fourth Schedule.

(6) Pursuant to section 91(2) of the Act a notice in writing (together with the declarations contained therein) by a group of persons (whether corporate or unincorporate) who are entitled to be enrolled together on a voters’ roll pursuant to section 91(1)(c) of the Act shall be in the form set out in the Fifth Schedule.

(7) Pursuant to section 96(1) of the Act:

(a)	A candidate for election to an office of a council may be nominated by delivering or causing to be delivered to a Returning Officer a duly completed nomination form referred to in paragraph (b) of this subregulation, and
(b)	A nomination referred to in paragraph (a) of this subregulation shall be in Form 1 set out in the Sixth Schedule.

(8) Pursuant to section 96(2) of the Act a declaration accompanying a nomination shall be in Form 2 set out in the Sixth Schedule.

(9) Pursuant to section 98(2) of the Act the declaration to be made by a person before being appointed to an office by a council pursuant to section 98(1) of the Act shall be in the form set out in the Seventh Schedule.

(10) For the purposes of section 106(3)(b)(i) and 106a(3)(b) of the Act, the declarations set out in Form 1 in the Eighth Schedule are prescribed.

(11) For the purposes of section 106(3)(b)(ii) and 106a(4) of the Act, the declarations set out in Form 2 in the Eighth Schedule are prescribed.

(12) For the purposes of section 111(5) of the Act, the declarations set out in Form 3 in the Eighth Schedule are prescribed.

(13) For the purposes of section 106 and 106a of the Act—

(a)	the explanatory notice under section 106a(6) must include the statements set out in Form 1 in the Ninth Schedule;
(b)	the public notice under section 106(10) must include the statements set out in Form 2 in the Ninth Schedule;
and
(c)	the public notice under section 106a(9b) must include the statements set out in Form 3 in the Ninth Schedule.

(14) Pursuant to section 149 of the Act a primary return shall be in the form set out in the Tenth

Schedule.

(15) Pursuant to section 149 of the Act an ordinary return shall be in the form set out in the Eleventh Schedule.

(16) Pursuant to section 99 of the Act—

(a)	where the method of counting votes applying at an election is the method set out in section 121(3) of the Act, the ballot paper shall be in Form 1 set out in the Twelfth Schedule;
and
(b)	where the method of counting votes applying at an election is the method set out in section 121(4) of the Act, the ballot paper shall be in Form 2 set out in the Twelfth Schedule.

* * * * * * * * * *

(18) The form of a notice under section 122(3)(d) of the Local Government Act, 1934, is set out in the fourteenth schedule.

Declaration votes—requirements for envelopes

2. (1) Pursuant to sections 106(3a), 106a(3b) and 111(8a) of the Act, an envelope issued for the purpose of making a declaration vote or votes under the Act must—

(a)	indicate, to the satisfaction of the returning officer, the number of ballot papers for each relevant election that the voter is entitled to return in the envelope; and
(b)	be authenticated by the returning officer, or to the satisfaction of the returning officer.

(2) However, an envelope need not comply with subregulation (1) if the envelope is being issued to a voter who is only entitled to vote in one capacity and to be issued with one ballot paper for each of the following elections:

(a)	the election of a mayor (if relevant);
(b)	the election of an alderman or aldermen (if relevant);
(c)	the election of one or more councillors for one ward only, or the election of one or more councillors for an area that is not divided into wards.

(3) An envelope that is coded so as to comply with the following example will be taken to comply with the requirements of subregulation (1)(a):

ELECTION BALLOT PAPERS

Mayor1.	+
Alderman2.	+

Ward3.	*	+
Ward3.	*	+
Ward3.	*	+
Ward3.	*	+
Ward3.	*	+
Ward3.	*	+
Ward3.	*	+
Ward3.	*	+

Councillor4. +

Notes:

1.     Delete this item if the council has a chairman.

2.     Delete this item if the council does not have aldermen.

3.     Delete these items if the area of the council is not divided into wards.

4.     Delete this item if the area of the council is divided into wards.

*

Insert a number or name that identifies each ward.

+

Insert the maximum number of ballot papers that may be returned in the envelope in this

category. If the number is zero, leave the space blank.

FIRST SCHEDULE

LOCAL GOVERNMENT ACT, 1934

Section 52

Declaration to be made by Mayor, Chairman, Alderman or

Councillor—Pursuant to Section 52 of the Local Government Act

I, 1 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

having been elected or appointed to the office of Mayor/Chairman/Alderman/Councillor for the

Municipality/District of2 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ,

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..	do hereby declare that I will discharge the duties
of that office conscientiously and to the best of my ability.

3.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Signature

This declaration was made before me on the 4 .. .. .. .. .. .. day of. .. .. .. .. .. .. . 19 .. .. .. .. .

5.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Justice of the Peace for South Australia

1 Insert full name of Mayor, Chairman, Alderman or Councillor.

2 Insert full name of Council.

3 Insert signature of declarant.

4 Insert date on which declaration was made.

5 Insert signature of Justice of the Peace taking declaration.

SECOND SCHEDULE

LOCAL GOVERNMENT ACT, 1934

Section 82(3)

Certificate of Identification

3PHOTOGRAPH

OF OFFICER

This is to certify that 1 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

has been appointed by 2 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

to exercise the powers of an authorised person pursuant to section 82 of the Local Government Act.

4.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Chief Executive Officer

5 Date / /19 .. .. .. .. .. .

INSTRUCTIONS

1 Insert full name of authorised person.

2 Insert full name of Council.

3 Attach a recent photograph of the officer.

4 Insert signature of Chief Executive Officer of the Council.

5 Insert date certificate signed.

THIRD SCHEDULE

LOCAL GOVERNMENT ACT, 1934

Section 91(1)(a)(ii)

Claim by Person for Inclusion on the Voters’ Roll—Pursuant to

Section 91(1)(a)(ii) of the Local Government Act, 1934

1 Please read instructions below before filling in this form.

I, 2 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Surname) (Given Name/s)

of 3 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Place of Residence)

Date of Birth .. .. .. .. .. .. .. .. .. . day .. .. .. .. .. .. .. .. month .. .. .. .. .. .. .. .. .. year

hereby claim enrolment on the voters’ roll for .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Ward/Area 4

of the 5 Municipality/District Council of 6 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

and I declare that the whole of the statements made in this claim are true to the best of my knowledge and belief.

7 .. .. .. .. .. .. .. .. .. .. .. .. .. .. Date. .. . /. .. . /. .. .

(Signature)

8  9

.. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(Witness) (Place of Residence of Witness)

Date / /19

INSTRUCTIONS

1 This form is to be completed in block letters except for signatures.

2 Insert full name of claimant.

3 Insert full residential address of the claimant here. If the place of residence of the claimant cannot be identified by reference to a street name (whether with or without a house number) the hundred and section number in which the place of residence is situated is to be inserted.

4 Strike our ward or area whichever is inapplicable and where claim for enrolment is in respect of a ward insert the full name of the ward.

5 Strike out whichever is inapplicable.

6 Insert full name of Council.

7 Insert usual signature of claimant.

8 Insert usual signature of witness.

9 Insert residential address of witness.

FOURTH SCHEDULE

LOCAL GOVERNMENT ACT, 1934

Section 91(2)

Claim by Body Corporate for Inclusion on the Voters’ Roll—Pursuant to

Section 91(1)(b) of the Local Government Act, 1934

1 Please read Instructions below before filling in this form.

I, 2 .. .. .. .. .. .. .. .. .. .. . the undersigned, on behalf of 3 .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(Full name) (Name of body corporate)

4.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Address of registered office)

a body corporate owning and/or occupying 5 rateable property being the whole or portion of 6 Section .. .. .

Allotment .. .. .. .. .. . Hundred of. .. .. .. .. . situate at .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

do hereby nominate 7 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Surname) (Given Name/s)

who resides at 8 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

who was born on 9 .. .. .. . and who is an officer of the body corporate to be enrolled on the voters’ roll for 10

the area/ward as an elector on behalf of the said body corporate.

I, the abovenamed person hereby consent to the nomination.

11  12 Date

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . / /19

(Signature of Nominee)

I declare that the said body corporate is entitled to nominate a person to act as an elector on its behalf. I have been authorised by the said body corporate to make this nomination.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

13 (Signature of Public Officer or Secretary)

Date / /19

This form should be completed and returned to:

15.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Name of Council)

INSTRUCTIONS

1 This form is to be completed in block letters except for signatures.

2 Insert full name of declarant.

3 Insert full name of body corporate.

4 Insert full address of registered office of body corporate.

5 Strike out owner or occupier whichever is inapplicable.

6 Insert full description of property.

7 Insert full name of nominee.

8 Insert address of nominee.

9 Insert date of birth of nominee.

10 Strike out area or ward as the case may be and where enrolment is in respect of a ward, insert full name of

ward.

11 Insert usual signature of nominee.

12 Insert date of signing by nominee.

13 Insert usual signature of declarant.

14 Insert date of signature by declarant.

15 Insert full name of council.

FIFTH SCHEDULE

LOCAL GOVERNMENT ACT, 1934

Section 91(2)

Claim by Joint Owners/Occupiers or Occupiers in Common for Inclusion of a Nominee on the

Voters’ Roll—Pursuant to Section 91(1)(c) of the Local Government Act, 1934

1 Please read instructions below before filling in this form.

Pursuant to section 91 of the Local Government Act, 1934, we the undermentioned ratepayers 2

owning/occupying rateable property being the whole or portion of 3 Section .. .. .. .. .. .. .. .. .. .. .. . .

Allotment .. .. .. .. .. . hundred of .. .. .. .. .. situate at .. .. .. .. .. .. .. . do hereby nominate 4

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Surname) (Given Name/s)

who resides at 5 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

who was born on 6 .. .. . / .. .. .. . /. .. .. .. . and who is a member of the group that we constitute or

is an officer of a body corporate that is a member of the group to be enrolled as an elector on behalf of the

undermentioned 2 joint owners/occupiers on the voters’ roll for 7 the area/	.. .. .. .. .. ..	ward in respect of
the aforesaid property. I, the abovenamed nominee, hereby consent to the nomination.

Nominee’s signature 8 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

9 Dated / /19

10 Names of ALL JOINT Owners/Occupiers.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Surname Given Name/s Place of residence

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Surname Given Name/s Place of residence

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Surname Given Name/s Place of residence

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Surname Given Name/s Place of residence

act as an elector on our behalf and l have been authorised by the said 2 joint owners/occupiers to make this	I, being one of the abovementioned 2 joint owners/occupiers declare that we are entitled to nominate a person to
nomination.

11.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Signature

12 Dated / /19

This form should be completed and returned to:

13.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(Name of Council)

INSTRUCTIONS

1 This form is to be completed in block letters except for signatures.

2 Strike out whichever is inapplicable.

3 Insert full description of property.

4 Insert full name of nominee.

5 Insert full address of nominee.

6 Insert date of birth of nominee.

7 Strike out whichever is not applicable and where the area is divided into wards insert full name of ward.

8 Insert usual signature of nominee.

9 Insert date of signature by nominee.

10 Insert full names and addresses of all joint owners/occupiers as appearing in the assessment book.

11 Insert signature of person authorised to make the nomination.

12 Insert date of signing by person authorised to make the nomination.

13 Insert full name of council.

SIXTH SCHEDULE

Section 96(1)

FORM 1

LOCAL GOVERNMENT ACT, 1934

1Nomination of Person as Candidate for Office of Mayor/Alderman/Councillor

To the Returning Officer for the municipality/district of 2 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

We, the undersigned, being electors for 3 the area/ .. .. .. .. .. .. .. .. .. .. .. ward do hereby nominate, 4

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Surname Given Names of persons nominated)

of .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(Address of person nominated as appearing on the voters’ roll) as a candidate for the office of 4 .. .. .. .. .

for the 3 area/. .. .. .. .. ward

Name of person nominating	Address of person nominating	Signature
the candidate as shown on the voters roll
(Block Letters)

(Note: nomination must be signed by at least 2 electors for the ward or area as the case may be)

INSTRUCTIONS

1 This form is to be completed in block letters except for signatures.

2 Insert name of council area.

3 Delete area or ward whichever is inapplicable and where the nomination is for the office of councillor for a ward insert the name of the ward.

4 Insert Mayor, Alderman or Councillor as the case requires.

FORM 2

LOCAL GOVERNMENT ACT, 1934

Section 96(2)

1 Declaration to be made by a person nominated to be a candidate for election to an office of a council pursuant

to Section 96(1)

2 I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. of 3 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Surname Given Names Address

4do solemnly and sincerely declare that I am not ineligible to be a candidate for election to the office of

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . by reason of any matter referred to in section 95.

5.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Signature

This declaration was made before me on the 6 .. .. .. .. .. .. day of. .. .. .. .. . 19

7.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Justice of the Peace for South Australia

INSTRUCTIONS

1 This form is to be completed in block letters except for signatures.

2 Insert full name of declarant.

3 Insert full address of declarant.

4 Insert Mayor, Alderman or Councillor as the case requires.

5 Insert usual signature of declarant.

6 Insert date declaration was made.

7 Insert usual signature of Justice of the Peace taking declaration.

Note: Section 95 of the Act is as follows:

"95. (1) Subject to this Act, a person is eligible to be a candidate for election as a member of a council if—

(a)	he is an elector for the area;
or
(b)	his name has been omitted in error from the voters roll for the area.

(2) A person is not eligible to be a candidate for election as a member of council if—

(a)	he is an undischarged bankrupt;
(b)	he—
(i) has been sentenced to imprisonment for an offence;

and

(ii) he is, or could upon the happening of some contingency become, liable to serve the sentence or the remainder of the sentence;
(c)	he is disqualified from election as a member of a council by virtue of the provisions of Section 57;
or
(d)	he is an officer or employee of the council.

(3) A person is not eligible to be a candidate for election as a member of a council if—

(a)	in the case of a supplementary election—he is a member of some other council;
or
(b)	in the case of any election—he is a candidate for election as a member of some other council.

(4) A person is not eligible to be a candidate for election to the office of mayor or alderman unless he has held office as a member of a council for not less than twelve months.".

SEVENTH SCHEDULE

LOCAL GOVERNMENT ACT, 1934

Section 98(2)

1Declaration to be made by a person prior to being appointed to Office pursuant to Section 98(1)

2 I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .of 3 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Surname Given Names Address

do solemnly and sincerely declare that if an election were being held for the office of 4 .. .. .. .. .. .. .. . .

for the 5 area/. .. .. .. .. .. .. . ward, of the Municipality/District of 6 .. .. .. .. .. .. .. , I would not be

ineligible to be a candidate for election to the office by reason of any matter referred to in section 95.

7.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Signature

This declaration was made before me this 8 .. .. .. .. .. .day of. .. .. .. .. .. 19

9.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Justice of the Peace for South Australia

INSTRUCTIONS

1 This form is to be completed in block letters except for signatures.

2 Insert full name of declarant.

3 Insert full address of declarant.

4 Insert full description of office.

5 Strike out area or ward as the case may be.

6 Insert full name of council.

7 Insert usual signature of declarant.

8 Insert date declaration was made.

9 Insert usual signature of Justice of the Peace taking declaration.

Note: Section 95 of the Act is as follows:

"95. (1) Subject to this Act, a person is eligible to be a candidate for election as a member of a council if—

(a)	he is an elector for the area;
or
(b)	his name has been omitted in error from the voters roll for the area.

(2) A person is not eligible to be a candidate for election as a member of council if—

(a)	he is an undischarged bankrupt;
(b)	he—
(i) has been sentenced to imprisonment for an offence;

and

(ii) he is, or could upon the happening of some contingency become, liable to serve the sentence or the remainder of the sentence;
(c)	he is disqualified from election as a member of a council by virtue of the provisions of Section 57;
or
(d)	he is an officer or employee of the council.

(3) A person is not eligible to be a candidate for election as a member of a council if-

(a)	in the case of a supplementary election—he is a member of some other council;
or
(b)	in the case of any election—he is a candidate for election as a member of some other council.

(4) A person is not eligible to be a candidate for election to the office of mayor or alderman unless he has held office as a member of a council for not less than twelve months.".

1. ELECTOR TO COMPLETE

SURNAME

PLEASE	GIVEN NAMES
USE	ADDRESS
BLOCK	(residential)
LETTERS

I, the person named above, hereby declare that I am of or above the age of eighteen, that the ballot paper/s contained in this envelope contains my vote, and that I have not already voted in this election or poll.

Signature of elector .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

2. AUTHORIZED WITNESS TO COMPLETE

SURNAME

PLEASE

GIVEN NAMES

USE

ADDRESS

BLOCK

LETTERS

I, being a person of or above the age of eighteen, hereby declare that the above elector (or an assistant acting at the direction of that elector) marked the ballot paper/s contained in this envelope in my presence and that I have no reason to believe that the vote has been influenced by fraud or undue influence.

Signature of authorized witness	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Date	/	/	.
1. ELECTOR TO COMPLETE

SURNAME

PLEASE

GIVEN NAMES

USE

RESIDENTIAL ADDRESS

BLOCK

IF APPLICABLE, PROPERTY

IN RESPECT OF WHICH VOTE

LETTERS

IS CLAIMED

A. I, the person named above, hereby declare that I am an elector whose name has been omitted in error from the voters roll. On or before the roll closing date—

TICK APPROPRIATE BOX

I was enrolled as a House of Assembly elector in respect of the above residential address;

I lodged an application for enrolment in respect of the above residential address;

I was entered in the assessment book as the sole owner or sole occupier of ratable land;

I was nominated to exercise the vote for a body corporate or group entered in the assessment book as the owner or occupier of ratable land.

B.	I also declare that I am of or above the age of eighteen, that the ballot paper/s contained in this envelope contains my vote, and that I have not already voted in this election or poll.
Signature of elector .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

2. AUTHORIZED WITNESS TO COMPLETE

PLEASE	SURNAME
USE	GIVEN NAMES
BLOCK	ADDRESS
LETTERS

I, being a person of or above the age of eighteen, hereby declare that the above elector (or an assistant acting at the direction of that elector) marked the ballot paper/s contained in this envelope in my presence and that I have no reason to believe that the vote has been influenced by fraud or undue influence.

Signature of authorized witness	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	Date	/	/	.
1. ELECTOR TO COMPLETE

PLEASE

SURNAME

USE

GIVEN NAMES

BLOCK

RESIDENTIAL ADDRESS

LETTERS

IF APPLICABLE,

PROPERTY IN RESPECT OF

WHICH VOTE IS CLAIMED

A. I, the person named above, hereby declare that I am an elector:

TICK APPROPRIATE BOX

whose name has been omitted in error from the voters roll. On or before the roll closing date—

I was enrolled as a House of Assembly elector in respect of the above residential address;

I lodged an application for enrolment in respect of the above residential address;

I was entered in the assessment book as the sole owner or sole occupier of ratable land;

I was nominated to exercise the vote for a body corporate or group entered in the assessment book as the owner or occupier of ratable land.

whose address has been suppressed from publication.

B.	I also declare that I am of or above the age of eighteen, that the ballot paper/s contained in this envelope contain my vote, and that I have not already voted in this election or poll.
Signature of elector .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

2. ELECTORAL OFFICER TO COMPLETE

I, hereby declare that the above elector (or an assistant acting at the direction of that elector) completed and signed the above declaration in my presence.

Signature of electoral officer .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Date / / .

Location of polling booth .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

NINTH SCHEDULE

FORM 1

EXPLANATORY NOTICE—POSTAL VOTING

Local Government Act 1934 — Section 106A(6)

Your local council has decided that the local government election/poll (1) to be held on (2) will be conducted entirely by the use of postal voting papers. No polling booth will be open for voting on that day.

If you wish to vote, you must use the ballot paper or papers accompanying this notice and ensure that the appropriate declarations are completed by yourself and a witness.

The voting procedure is as follows:

1.        You must mark your vote according to the directions set out on the ballot paper(s).

2.        You must then fold the ballot paper(s) so as to conceal your vote and in the presence of a witness (who must be of or above the age of 18), you must place the folded ballot paper(s) in the accompanying ballot paper envelope(s) and seal the envelope(s).

3.        You and the witness must then complete and sign the appropriate declarations. Do not detach the declaration from the envelope; this will be done by the returning officer.

4.        You must then place the sealed ballot paper envelope(s) in the reply paid envelope.

Some people are entitled to more than one vote for mayor, alderman or councillors because they own more than one property or are the nominated agents of bodies corporate or groups of ratepayers in the area of the council, as provided by section 91 of the Local Government Act 1934. A code has been included on the ballot paper envelope(s) issued to these people to permit the checking of the number of votes validly cast. If this applies to you, either—

1.        You will have received one ballot paper envelope for ALL the votes you are entitled to cast — in which case you should ensure that the declarations are completed and that you send ALL your ballot papers back in that envelope.

OR

2.

You will have received one ballot paper envelope for each capacity in which you are entitled to vote — in which case it is essential that each set of ballot papers is returned in the exact envelope that accompanies that particular set and that all declarations on each envelope are completed. If the incorrect number of ballot papers is sent back in any envelope, the ballot papers in that envelope may be rejected.

In either case, the ballot paper envelopes should be placed in the reply paid envelope.

These provisions are designed to protect the secrecy of your vote and to guard against fraud.

If a voter is illiterate or physically unable to carry out any of these procedures, the voter may be assisted by a person of his or her choice (who must be of or above the age of 18 but who is not to act as the witness).

Your votes, enclosed in the signed and witnessed envelope(s), must be posted or delivered so as to reach the returning officer for the election at the address shown not later than 6 p.m. on (3).

_______________________________

(1) Strike out whichever is not applicable.

(2) Insert date of polling day.

(3) Insert date of the day immediately preceding polling day.

FORM 2

PUBLIC NOTICE

Section 106(10)

Any person who desires to vote at the election for the area/(1) ward(s) otherwise than by attending at a polling place during voting hours on (2) may apply to the returning officer for advance voting papers.

Your application may be made—

(a)	personally to the returning officer;
or
(b)	by writing addressed to the returning officer at (3).

Your application must be received before 5 p.m. on (4) (being the day before polling day).

No reason needs to be given for voting in advance.

(1)	Strike out whichever is not applicable and, where applicable, insert name(s) of ward(s)
(2)	Insert date of polling day
(3)	Insert address of the principal office of the council
(4)	Insert relevant date

FORM 3

PUBLIC NOTICE

Local Government Act 1934 — Section 106A(9b)

The (1) has decided that the local government election/poll (2) to be held on (3) will be conducted entirely by the use of postal voting papers.

No polling booth will be open for voting on that day.

All electors whose names are on the voters roll for the area/(4) ward(s) will be issued voting papers by post.

Any person who does not receive voting papers but who believes that he or she is entitled to vote at the election/poll(5) may apply to the returning officer for voting papers not later than 5 p.m. on (6).

The application may be made—

(a)	personally to the returning officer; or
(b)	by writing addressed to the returning officer at (7).

_____________________________________

(1) Insert name of council.

(2) Strike out whichever is not applicable.

(3) Insert date of polling day.

(4)	Strike out whichever is not applicable and, where applicable, insert name(s) of ward(s).
(5)	Strike out whichever is not applicable.
(6)	Insert date of the day immediately preceding polling day.

(7) Insert appropriate address.

SURNAME	OTHER NAMES
OFFICE HELD

Registrable Interests Details

1.   Provideastatementofany5incomesourcethatyouhaveor a member of your4 family has or expects to have in the period of twelve months after the date of the primary return.

2.   Statethenameofanycompanyorotherbody,corporateor unincorporate, in which you hold, or a member of your4 family holds any office whether as director or otherwise.

3.   Statethenameordescriptionofanycompany,partnership, association or other body in which you hold, or a member of your4 family holds, a beneficial interest.

4.   Provideaconcisedescriptionofanytrustinwhichyouhold or a member of your4 family holds a beneficial interest and a concise description of any discretionary trust of which you

are or a member of your4 family is a trustee or object.

5.   Providetheaddressordescriptionofanylandinwhichyou have or a member of your4 family has any beneficial interest other than by way of security for any debt.

6.   Whereyouareoramemberofyour4familyisindebtedto another person (not being related by blood or marriage) in an amount of or exceeding five thousand dollars state the name and address of that other person.

7.

member of your4 family whether of a pecuniary nature or not,

of which you are aware and which you consider might appear

to raise a material conflict between your private interest

Declareanyothersubstantialinterestofyoursorofa as a Member of the Council.

8. Provide any other additional information which you think fit.

Signature of Member .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Date / /19

INSTRUCTIONS

1 Please complete this form using block letters.

2 The information which you are required to provide is contained in Section 149 of the Local Government Act.

3 If there is not sufficient space on this form for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper shall be signed and dated.

4"family", in relation to a member of a council, means—

(a)	a spouse of the member;
and
(b)	a child of the member who is under the age of eighteen years and normally resides with the member:

5"income source", in relation to a member of a council, means—

(a)	any person or body of persons with whom the member entered into a contract of service or held any paid office:
and
(b)	any trade, vocation, business or profession engaged in by the member:

SURNAME	OTHER NAMES
OFFICE HELD
Registrable Interests Details

1.      Where you or a member of your 5 family received or was entitled to receive, a 6 financial benefit during any part of the return period describe the 7 income source of the 6 financial benefit.

2.      Where you or a member of your 5 family held an office whether as director or otherwise in any company or other body, corporate or unincorporate, during the return period, state the name of the company or other body.

3. above the amount of value of five hundred dollars received by you or

Provide particulars (including the name of donor) of any gift of or than a person related by blood or marriage.

4.

Where you have or a member of your 5 family has had the use of any real otherwise than by virtue of an interest disclosed under item 7 and the person conferring the right to use the property is not related by blood or marriage, state the name and address of that person.

5.

Provide the name or description of any company, partnership, association interest.

6.

Provide a concise description of any trust in which you hold or a member any discretionary trust of which you are or a member of your 5 family is a trustee or object.

7.

Provide the address or description of any land in which you have or a of security for any debt.

8.      Where you are or a member of your5 family is indebted to another person (not being related by blood or marriage) in an amount of or exceeding five thousand dollars state the name and address of that other person.

9.      Declare any other substantial interest of you or of a member of your5 family, whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between

your private interest and the duties that you have or may subsequently

have as a Member.

INSTRUCTIONS

1 Please complete this form using block letters.

2 The information which you are required to provide is contained in Section 149 of the Local Government Act.

3 Information disclosed in a previous return, if still accurate, is not required to be repeated.

4 If there is not sufficient space on this form for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper shall be signed and dated.

5"family", in relation to a member of a council, means—

(a)	a spouse of the member;
and
(b)	a child of the member who is under the age of eighteen years and normally resides with the member:

6"financial benefit", in relation to a member of a council, means—

(a)	any remuneration, fee or other pecuniary sum exceeding five hundred dollars received by the member in respect of a contract of service entered into, or paid office held by, the member;
and
(b)	the total of all remuneration, fees or other pecuniary sums received by the member in respect of a trade, profession, business or vocation engaged in by the member where that total exceeds five hundred dollars, but does not include an annual allowance or expenses payable to him under Part IV:

7"income source", in relation to a member of a council, means—

(a)	any person or body of persons with whom the member entered into a contract of service or held any paid office:
and
(b)	any trade, vocation, business or profession engaged in by the member.

TWELFTH SCHEDULE

FORM 1

Local Government Act, 1934

Section 99(7)

Form of Ballot Paper where

Optional Preferential Method Applies

BALLOT PAPER

Municipality/District of (1) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Election of (2) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Directions: You must vote for at least one candidate on this ballot paper by placing the number 1 in the square opposite the name of the candidate who is your first preference; if you wish you may then vote for any other candidate or candidates by placing consecutive number(s) beginning with the number 2 in the square(s) opposite the name(s) of the other candidate or candidates so as to indicate your preference(s).

After voting fold the ballot paper and place it in the ballot box or declaration envelope.

CANDIDATES

1. Insert name of council.

2. Insert name of office, e.g. Mayor, Alderman, Councillor and number of candidate required to be elected

(e.g. 2 Alderman or 2 Councillors for White Ward etc.).

FORM 2

Local Government Act, 1934

Section 99(7)

Form of Ballot Paper where

Proportional Representation Method Applies

BALLOT PAPER

Municipality/District of (1) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Election of (2) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Directions: You must vote for at least (3) candidates on this ballot paper by placing the number(s) (4) in the square(s) opposite the name(s) of the candidate(s) so as to indicate your preference for them; if you wish you may then vote for any other candidate or candidates by continuing to place consecutive number(s) in the square(s) opposite the name(s) of the other candidate or candidates so as to indicate your preference(s).

After voting fold the ballot paper and place it in the ballot box or declaration envelope.

CANDIDATES

1. Insert name of Council.

2. Insert name of Office, e.g. Mayor, Alderman, Councillor and number of candidates required to be elected

e.g. 2 Alderman or 2 Councillors for White Ward etc.).

3. Insert number of candidates required to be elected.

4. Here insert 1 where one candidate is required to be elected, 1 and 2 where two candidates are

required to be elected, 1, 2 and 3 where three candidates are required to be elected etc.

* * * * * * * * * *

FOURTEENTH SCHEDULE

FORM OF NOTICE OF DETERMINATION BY A COUNCIL OF METHOD OF COUNTING VOTES TO APPLY AT ELECTIONS

Pursuant to section 122(3)(d) of the Local Government Act, 1934, . .............................. (name of council)

gives notice that at its meeting held on .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(date of meeting)

at which .. .. .. .. .. .. .. .. .. . of its .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . members

(number) (total number)

were present the council determined that the method of counting votes to apply at elections for the council will

be the method set out in section .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(section number)

of the Local Government Act, 1934.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(Chief Executive Officer)

APPENDIX

LEGISLATIVE HISTORY

(entries in bold type indicate amendments incorporated since the last reprint)

Regulation 1(1a):	inserted by 11, 1997, reg. 3(a)
Regulation 1(10) and (11):	substituted by 254, 1986, reg. 3(a); substituted by 266, 1988,

reg. 3(a)

Regulation 1(12):	revoked by 254, 1986, reg. 3(a); inserted by 266, 1988, reg. 3(a)
Regulation 1(13):	varied by 254, 1986, reg. 3(b); substituted by 266, 1988, reg. 3(a);

varied by 11, 1997, reg. 3(b)

Regulation 1(16):	inserted by 254, 1986, reg. 3(c)
Regulation 1(17):	inserted by 254, 1986, reg. 3(c); revoked by 266, 1988, reg. 3(b)
Regulation 1(18):	inserted by 28, 1988, reg. 2
Regulation 2:	substituted by 11, 1997, reg. 4
Fourth schedule:	varied by 254, 1986, reg. 4
Fifth schedule:	varied by 254, 1986, reg. 5
Eighth schedule:	varied by 254, 1986, reg. 6(a); substituted by 266, 1988, reg. 4
Ninth schedule:	varied by 254, 1986, reg. 7; substituted by 266, 1988, reg. 4

Form 1:	substituted by 11, 1997, reg. 5(a)
Form 3:	substituted by 11, 1997, reg. 5(b)

Twelfth schedule:	inserted by 254, 1986, reg. 8
Thirteenth schedule:	inserted by 254, 1986, reg. 8; revoked by 266, 1988, reg. 5
Fourteenth schedule:	inserted by 28, 1988, reg. 3