Local Government (Transitional) Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 61 Local Government Act 1993 LOCAL GOVERNMENT (TRANSITIONAL) AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of s 3 (Expiry of regulation) . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Prescribed changes for definition “polling booth” . . . . . . . . . . . . . . 2 4 Prescribed changes for application of s 298(1) of the Act . . . . . . . . 2 5 Distribution of declaration envelopes . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 Local Government (Transitional) Amendment (No. 1) No. 61, 1994 ˙ Short title 1. This regulation may be cited as the Local Government (Transitional) Amendment Regulation (No. 1) 1994 . ˙ Regulation amended 2. This regulation amends the LocalGovernment(Transitional)Regulation 1993 . ˙ Replacement of s 3 (Expiry of regulation) 3. Section 3— omit, insert— ˙ ‘Prescribed changes for definition “polling booth” ‘3.(1) For the purpose of the application of the definition “polling booth” in section 4 (Definitions) of the Act to the 1994 triennial elections, subsection (2) sets out the definition as it applies with changes. ‘(2) In the Act— “polling booth” means— (a) an ordinary polling booth; or (b) a mobile polling booth; or (c) a place declared as a polling booth to enable an elector to cast a declaration vote under section 298 (Declaration voting before polling day). ˙ ‘Prescribed changes for application of s 298(1) of the Act‘4.(1) For the purpose of the application of section 298(1) (Declaration voting before polling day) of the Act to the 1994 triennial elections, subsection (2) sets out the subsection as it applies with changes. ‘(2) The returning officer must declare at least 1 of the following places as a polling booth to enable electors entitled to cast a declaration vote under section 289 (Who may cast a declaration vote) to cast a vote at the election

3 Local Government (Transitional) Amendment (No. 1) No. 61, 1994 before polling day— (a) the local government’s public office, or a part of the public office; (b) another office used by the local government to receive rate payments; (c) another convenient place in the local government area. ˙ ‘Distribution of declaration envelopes ‘5.(1) This section applies if a local government— (a) under section 272 (Separate ballot papers for separate polls) of the Act, instructs the use of separate ballot papers in polls for its 1994 triennial elections; or (b) under Chapter 6 (General operation of local governments), Part 2 (Polls) of the Act, conducts a poll on the day of the polls for its 1994 triennial elections. ‘(2) In the conduct of the polls— (a) the returning officer and presiding and issuing officers must distribute to a declaration voter not more than 1 declaration envelope with the ballot papers for use in the polls; and (b) Chapter 5 (Local government elections), Part 6 (Conduct of elections) of the Act applies (with any necessary changes) as if the references to the distribution, marking and other dealing with a ballot paper were a reference to all or each of the ballot papers in the polls, as the case requires. ˙ ‘Application of Act ‘6.(1) In this section— “relevant provisions” means the provisions mentioned in section 391(2) (Electoral provisions that apply to a poll) of the Act. ‘(2) For the purpose of applying the relevant provisions to a poll conducted on the day of the 1994 triennial elections for a local government, the poll must be conducted as if it were the local government’s 1994

4 Local Government (Transitional) Amendment (No. 1) No. 61, 1994 triennial elections. ‘(3) For the purpose of applying Chapter 5 (Local government elections) of the Act to a fresh election for a local government conducted in 1994, the election must be conducted as if it were the local government’s 1994 triennial elections. ’. ENDNOTES 1. Made by the Governor in Council on 24 February 1994. 2. Notified in the Gazette on 25 February 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. © State of Queensland 1994