Northern Territory Electoral Regulations 1947 (Amendment) (Cth)

STATUTORY RULES.

1957. No. 3.

 

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1949, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1956 AND THE COMMONWEALTH ELECTORAL ACT 1918-1953.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Northern Territory Representation Act 1922-1949, the Northern Territory (Administration) Act 1910-1956 and the Commonwealth Electoral Act 1918-1953.

Dated this 22nd day of February, 1957.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior and for and on behalf of the Minister of State for Territories.

 

Amendments of the Northern Territory Electoral Regulations. 

Application of Electoral Act.

1. Regulation 133 of the Northern Territory Electoral Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Part XVIII. of the Commonwealth Electoral Act, in its application in relation to the Legislative Council for the Territory, is further modified in the manner indicated in the Third Schedule to these Regulations.”.

Second Schedule.

2. The Second Schedule to the Northern Territory Electoral Regulations is amended by inserting in the table, after the item relating to section 176, the following items:—

“189a. For ‘section eighty-eight, section ninety-one a, section one hundred and twenty-one or section one hundred and twenty-one a ‘in sub-section (1.) substitute ‘regulation 78, 79, 87, 88 or 91 of the Northern Territory Electoral Regulations’ For ‘section ninety-one a, section one hundred and twenty-one or section one hundred and twenty-one a’ in sub-sections (1.) and (2.) substitute ‘regulation 78, 79 or 91 of the Northern Territory Electoral Regulations.

194a. Add the following sub-section:—

“(2.) In this section ‘this Act’ includes the provisions of the Northern Territory Electoral Regulations modifying and adapting this Act”.

 

* Notified in the Commonwealth Gazette on , 1957.

  Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; and 1956, No. 74.

544/57.—Price 3d. 10/30.1.1957.

Third Schedule.

3. After the Second Schedule to the Northern Territory Electoral Regulations the following Schedule is added:—

The Third Schedule.

Regulation 133 (3.)

MODIFICATIONS OF PART XVIII. OF THE COMMONWEALTH ELECTORAL ACT 1918-1953 IN ITS APPLICATION IN RELATION TO THE LEGISLATIVE COUNCIL FOR THE TERRITORY.

1. A reference to the High Court shall be read as a reference to the Supreme Court of the Territory, and a reference to the Principal Registrar or the Principal Registry of the High Court shall be read as a reference to the Registrar or the Registry of that Supreme Court, as the case may be.

2. A reference to the House of Representatives shall be read as a reference to the Legislative Council for the Territory, and a reference to the Speaker or the Clerk of the House of Representatives shall be read as a reference to the President or the Clerk of the Legislative Council for the Territory, as the case may be.

3. References to the Senate or to Senators shall be deemed to be omitted.

4. References to absent voting shall be deemed to be omitted.

5. The following section shall be deemed to be substituted for section 202:—

“202. Rules of Court of the Supreme Court of the Territory made under an Ordinance of the Territory may regulate the practice or procedure of that Court as the Court of Disputed Returns”.

6. The following sub-sections shall be deemed to be added at the end of section 203:—

“(2.) Any question respecting the qualification of an elected member of the Legislative Council for the Territory or respecting a vacancy in the office of such a member shall, subject to this section, be determined by the Council.

“(3.) The Council may refer a question referred to in the last preceding sub-section to the Court of Disputed Returns, and the Court shall thereupon have jurisdiction to hear and determine the question.

“(4.) The member with respect to whom the question arises is not entitled to vote on a proposed resolution of the Legislative Council in pursuance of either of the last two preceding sub-sections”.

7. The following paragraphs shall be deemed to be substituted for paragraphs (a), (b), and (c) of section 206:—

“(a)to declare that a person who has been elected as a member of the Legislative Council for the Territory was not qualified to be a candidate for election and that there is accordingly a vacancy in the membership of that Council; and

(b) to declare that an elected member of that Council has vacated his office.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.