Torres Strait Regional Authority Election Amendment Rules 1999 (No. 1) (Cth)
Torres Strait Regional Authority Election Amendment Rules 1999 (No. 1)
I, JOHN JOSEPH HERRON, Minister for Aboriginal and Torres Strait Islander Affairs, make these Rules under section 143G of the Aboriginal and Torres Strait Islander Commission Act 1989.
Dated 15 December 1999.
JOHN HERRON
Minister for Aboriginal and Torres Strait Islander Affairs
Torres Strait Regional Authority Election Amendment Rules 1999 (No. 1)
made under the
Aboriginal and Torres Strait Islander Commission Act 1989
Contents
Page
1 Name of Rules 2
2 Commencement 2
3 Amendment of Torres Strait Regional Authority Election Rules 2
Schedule 1 Amendments 3
Part 1 Amendments 3
Part 2 Amendment of references to postal vote certificate and pre-poll vote certificate 10
Part 3 Amendment of references to electorate 14
Name of Rules
These Rules are the Torres Strait Regional Authority Election Amendment Rules 1999 (No. 1).
Commencement
These Rules commence on gazettal.
Amendment of Torres Strait Regional Authority Election Rules
Schedule 1 amends the Torres Strait Regional Authority Election Rules.
Schedule 1 Amendments
(rule 3)
Part 1 Amendments
[1] Rule 1
substitute
1 Name of Rules
These Rules are the Torres Strait Regional Authority Election Rules 1996.
[2] Subrule 2 (1), definition of electorate
omit
[3] Subrule 2 (1), definition of nomination period
substitute
nomination period means the period beginning 60 days before the day fixed for polling under section 142Y of the Act and ending at the hour of nomination.
[4] Subrule 2 (1), definition of officer
after
the Deputy Electoral Commissioner,
insert
a Divisional Returning Officer,
[5] Subrule 2 (1), after definition of postal vote
insert
postal voter card means a postal voter card issued under subrule 28 (1).
[6] Subrule 2 (1), after definition of pre-poll vote
insert
pre-poll voter card means a pre-poll voter card issued under subrule 44 (1).
[7] Subrule 2 (1), after definition of voter card
insert
ward means:
(a) the Port Kennedy ward; or
(b) the Horn/Prince of Wales Islands ward.
[8] Subrule 2 (3)
omit
32 days
insert
at 5pm on the fifteenth day
[9] After rule 2
insert
2A Torres Strait area divided into wards
(1) For subsection 142TA (1) of the Act, the Torres Strait area is divided into:
(a) the Port Kennedy ward; and
(b) the Horn/Prince of Wales Islands ward.
(2) The boundaries of the wards are the boundaries depicted in the map called ‘Port Kennedy and Horn/Prince of Wales islands ward’ published by the Torres Strait Regional Authority in December 1999.
(3) The designated number for each ward is 1.
[10] After subparagraph 9 (a) (ii)
insert
(iii) is enrolled for the ward for which he or she is nominating when the declaration is made; and
[11] Subparagraph 28 (1) (c) (ii)
substitute
(ii) a postal ballot-paper; and
(iii) an outer envelope.
[12] Paragraph 31 (1) (f)
substitute
(f) the elector must enclose the following documents (the postal voting papers) in the outer envelope:
(i) the envelope containing the ballot-paper;
(ii) the postal voter card;
(g) subject to subrule (6), the elector must post or deliver the outer envelope containing the postal voting papers to the relevant Regional Returning Officer.
[13] Subrules 31 (6) and (7)
substitute
(6) For subrule (5), the elector may:
(a) before the close of the poll:
(i) address the postal voting papers to a Regional Returning Officer other than the relevant Regional Returning Officer; and
(ii) send the papers to the officer; or
(b) deliver the postal voting papers to a pre-poll voting officer or a presiding officer.
(7) A Regional Returning Officer, a pre-poll voting officer or a presiding officer to whom postal voting papers are delivered under subrules (5) and (6) must deal with the papers in accordance with rule 33.
[14] After rule 36
insert
36A Commencement of preliminary scrutiny of postal votes
(1) The relevant Regional Returning Officer may begin a preliminary scrutiny of postal votes on the last Monday before the poll.
(2) However, the actions mentioned in paragraph 37 (4) (d) must not be taken before the close of the poll.
[15] Rule 37, heading
substitute
37 Conduct of preliminary scrutiny of postal votes
[16] Subrule 37 (1)
omit
After the close of a poll, the
insert
The
[17] Subrule 37 (5)
omit
an error or mistake by an officer.
insert
an error or mistake by an officer made:
(a) since the last election; or
(b) if the last election was held less than 6 months before the election to which the scrutiny relates — since the election before the last election.
[18] After subrule 37 (5)
insert
(5A) In subrule (5):
election means:
(a) a general election for the House of Representatives; or
(b) a Senate election not held concurrently with a general election for the House of Representatives; or
(c) a referendum not held concurrently with a general election.
[19] After subrule 44 (3)
insert
(3A) A person who is a candidate at an election must not certify a pre-poll voter card under paragraph (3) (e).
[20] Paragraph 58 (a)
omit
close of nominations
insert
declaration of nominations
[21] Paragraph 89 (7) (c)
omit
an error or mistake by an officer;
insert
an error or mistake by an officer made:
(i) since the last election; or
(ii) if the last election was held less than 6 months before the election to which the scrutiny relates — since the election before the last election;
[22] After subrule 89 (7)
insert
(7A) In paragraph (7) (c):
election means:
(a) a general election for the House of Representatives; or
(b) a Senate election not held concurrently with a general election for the House of Representatives; or
(c) a referendum not held concurrently with a general election.
Part 2 Amendment of references to postal vote certificate and pre-poll vote certificate
| Provision | omit | insert |
| Rule 28, heading | certificate | postal voter cards |
| Paragraph 28 (1) (b) | postal vote certificate | postal voter card |
| Subparagraph 28 (1) (c) (i) | postal vote certificate | postal voter card |
| Subrule 28 (2) | postal vote certificate | postal voter card |
| Subrule 28 (3) | postal vote certificate | postal voter card |
| Subrule 29 (1) | postal vote certificate | postal voter card |
| Rule 30, heading | postal vote certificate | postal voter cards |
| Rule 30 | postal vote certificate | postal voter card |
| Paragraph 31 (1) (a) | postal vote certificate | postal voter card |
| Paragraph 31 (1) (b) | postal vote certificate | postal voter card |
| Subparagraph 31 (1) (c) (i) | certificate | postal voter card |
| Paragraph 31 (1) (e) | postal vote certificate | postal voter card |
| Subrule 31 (2) | postal vote certificate | postal voter card |
| Paragraph 31 (3) (a) | postal vote certificate | postal voter card |
| Rule 33, heading | postal vote certificates | postal voter cards |
| Rule 33 | a postal vote certificate | a postal voter card |
| Subparagraph 33 (c) (ii) | postal vote certificate | postal voter card |
| Paragraph 33 (d) | certificate in accordance | postal voter card in accordance |
| Paragraph 33 (d) | certificate in a | postal voter card in a |
| Subparagraph 33 (e) (i) | certificate | postal voter card |
| Paragraph 35 (c) | postal vote certificate | postal voter card |
| Paragraph 37 (1) (a) | postal vote certificates | postal voter cards |
| Paragraph 37 (2) (a) | postal vote certificates | postal voter cards |
| Paragraph 37 (2) (c) | postal vote certificates | postal voter cards |
| Paragraph 37 (3) (a) | postal vote certificates | postal voter cards |
| Paragraph 37 (3) (c) | postal vote certificates | postal voter cards |
| Paragraph 37 (4) (a) | postal vote certificate | postal voter card |
| Paragraph 37 (4) (a) | the certificate | the postal voter card |
| Subparagraph 37 (4) (b) (ii) | certificate is | postal voter card is |
| Subparagraph 37 (4) (b) (ii) | certificate; | postal voter card; |
| Subparagraph 37 (4) (b) (v) | the certificate | the postal voter card |
| Paragraph 37 (4) (d) | postal vote certificate | postal voter card |
| Paragraph 37 (4) (d) | postal vote certificates | postal voter cards |
| Subparagraph 37 (4) (d) (i) | postal vote certificates | postal voter cards |
| Subparagraph 37 (4) (d) (ii) | postal vote certificate | postal voter card |
| Paragraph 39 (b) | postal vote certificate | postal voter card |
| Rule 39 | or certificate contains | or postal voter card contains |
| Rule 39 | or certificate, | or postal voter card, |
| Paragraph 44 (1) (a) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (3) (a) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (3) (b) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (3) (b) | the certificate | the pre-poll voter card |
| Subparagraph 44 (3) (d) (i) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (3) (e) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (3) (f) | and certificate | and pre-poll voter card |
| Subparagraph 44 (3) (f) (i) | certificate | pre-poll voter card |
| Subparagraph 44 (3) (f) (ii) | certificate | pre-poll voter card |
| Subparagraph 44 (3) (g) (i) | certificates | pre-poll voter cards |
| Subparagraph 44 (3) (g) (ii) | certificates | pre-poll voter cards |
| Paragraph 44 (3) (h) | certificates | pre-poll voter cards |
| Paragraph 44 (3) (i) | a certificate | a pre-poll voter card |
| Paragraph 44 (3) (i) | the certificate | the pre-poll voter card |
| Paragraph 44 (4) (a) | certificate | pre-poll voter card |
| Paragraph 44 (4) (b) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (4) (e) | certificate | pre-poll voter card |
| Subrule 44 (6) | pre-poll vote certificate | pre-poll voter card |
| Paragraph 44 (6) (a) | certificate | pre-poll voter card |
| Rule 45, heading | pre-poll vote certificate | pre-poll voter card |
| Rule 45 | pre-poll vote certificate | pre-poll voter card |
| Paragraph 46 (a) | pre-poll vote certificate | pre-poll voter card |
| Subparagraph 46 (a) (i) | certificate | voter card |
| Paragraph 46 (b) | certificate | voter card |
| Rule 48 | pre-poll vote certificate | pre-poll voter card |
| Rule 50 | pre-poll vote certificate | pre-poll voter card |
| Rule 50 | the certificate contains | the voter card contains |
| Rule 50 | the certificate to | the voter card to |
| Subparagraph 70 (3) (b) (ii) | certificate | voter card |
| Subrule 131 (2) | postal vote certificate | postal voter card |
| Subrule 131 (2) | pre-poll vote certificate | pre-poll voter card |
| Subrule 131 (3) | and certificates | , postal voter cards and pre-poll voter cards |
| Paragraph 132 (1) (c) | pre-poll vote certificates | pre-poll voter cards |
| Paragraph 132 (1) (d) | postal vote certificates | postal voter cards |
| Rule 134 | pre-poll voting certificates | pre-poll voter cards |
| Rule 134 | postal vote certificates | postal voter cards |
Part 3 Amendment of references to electorate
| Provision | omit | insert |
| Subrule 2 (1), definition of election | an electorate | a ward |
| Subrule 2 (3) | an electorate | a ward |
| Paragraph 2 (3) (a) | electorate | ward |
| Subparagraph 2 (3) (b) (ii) | electorate | ward |
| Paragraph 2 (3) (c) | electorate | ward |
| Paragraph 7 (1) (c) | electorate | ward |
| Paragraph 7 (2) (a) | electorate | ward |
| Rule 8 | an electorate | a ward |
| Subparagraph 33 (c) (ii) | electorate | ward |
| Subparagraph 37 (4) (b) (i) | electorate | ward |
| Subparagraph 37 (4) (c) (ii) | electorate | ward |
| Subparagraph 37 (4) (d) (i) | electorate | ward |
| Subparagraph 37 (4) (d) (iv) | electorate | ward |
| Subrule 37 (5) | electorate is | ward is |
| Subrule 37 (5) | electorate and | ward and |
| Subparagraph 42 (2) (b) (i) | electorate | ward |
| Subparagraph 42 (2) (b) (ii) | electorate | ward |
| Subrule 43 (3) | electorate | ward |
| Subparagraph 46 (a) (iii) | electorate | ward |
| Subrule 64 (1) | electorate | ward |
| Paragraph 70 (3) (a) | electorate | ward |
| Paragraph 70 (3) (b) | electorates | wards |
| Subrule 71 (2) | electorate | ward |
| Paragraph 72 (2) (c) | electorate | ward |
| Paragraph 74 (1) (b) | electorate | ward |
| Subrule 74 (3) | electorate | ward |
| Rule 85, heading | electorates | wards |
| Rule 85 | an electorate, | a ward, |
| Rule 85 | an electorate for | a ward for |
| Subrule 89 (3) | an electorate | a ward |
| Paragraph 89 (3) (a) | electorate | ward |
| Paragraph 89 (3) (b) | electorate | ward |
| Paragraph 89 (3) (e) | electorate | ward |
| Subparagraph 89 (5) (b) (ii) | electorate | ward |
| Paragraph 89 (6) (a) | electorate | ward |
| Subparagraph 89 (6) (a) (i) | electorate | ward |
| Subparagraph 89 (6) (a) (iv) | electorate | ward |
| Paragraph 89 (6) (b) | electorate, | ward, |
| Paragraph 89 (6) (b) | electorate and | ward and |
| Subrule 89 (7) | an electorate | a ward |
| Subrule 89 (7) | “the relevant electorate” | the relevant ward |
| Paragraph 89 (7) (a) | electorate | ward |
| Paragraph 89 (7) (b) | electorate | ward |
| Paragraph 89 (7) (c) | electorate | ward |
| Subrule 89 (8) | electorate | ward |
| Subrule 89 (9) | electorate | ward |
| Paragraph 89 (11) (b) | electorate | ward |
| Subrule 96 (5) | electorate | ward |
| Subrule 101 (1) | specified electorate | specified ward |
| Subrule 101 (1) | an electorate | a ward |
| Subrule 101 (3) | electorate | ward |
| Subrule 127 (1) | an electorate | a ward |
| Subrule 127 (1) | the electorate | the ward |
| Subrule 127 (3) | electorate | ward |
| Rule 128, heading | an electorate | a ward |
| Rule 128 | an electorate | a ward |
| Rule 128 | electorate, | ward, |
| Paragraph 132 (1) (b) | electorate | ward |
| Schedule, item 1 | electorate | ward |
| Schedule, item 2 | electorate | ward |
| Schedule, item 3 | electorate | ward |
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