Trade Union Training Authority Regulations (Cth)
TRADE UNION TRAINING AUTHORITY REGULATIONS
(#DATE 19:01:1994)
(#DATE 19:01:1994)
- In force under the Trade Union Training Authority Act 1975
*1* The Trade Union Training Authority Regulations (in force under the Trade Union Training Authority Act 1975) as shown in this reprint comprise Statutory Rules 1986 No. 203 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1986 No. 203 7 Aug 1986 7 Aug 1986
1986 No. 395 12 Jan 1987 12 Jan 1987 -
1991 No. 265 30 Aug 1991 1 Sept 1991 -
1992 No. 352 9 Nov 1992 9 Nov 1992 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Part II (rr. 3-11) rep. 1991 No. 265
Rr. 3, 4 rep. 1991 No. 265
R. 5 am. 1986 No. 395
rep. 1991 No. 265
Rr. 6-11 rep. 1991 No. 265
Part III rep. 1992 No. 352
(rr. 12, 13)
R. 12 rep. 1992 No. 352
R. 13 am. 1991 No. 265
rep. 1992 No. 352
Heading to Part IV am. 1991 No. 265
Part IV (r. 14) rep. 1986 No. 395
Part IV (rr. 14-44) ad. 1986 No. 395
R. 14 rs. 1986 No. 395
am. 1991 No. 265
R. 14A ad. 1991 No. 265
R. 15 ad. 1986 No. 395
Rr. 16, 17 ad. 1986 No. 395
am. 1991 No. 265
Rr. 18-20 ad. 1986 No. 395
R. 21 ad. 1986 No. 395
am. 1991 No. 265
R. 22 ad. 1986 No. 395
rs. 1991 No. 265
Rr. 23-34 ad. 1986 No. 395
R. 35 ad. 1986 No. 395
am. 1991 No. 265
Rr. 36, 37 ad. 1986 No. 395
Rr. 38, 39 ad. 1986 No. 395
am. 1991 No. 265
R. 40 ad. 1986 No. 395
R. 41 ad. 1986 No. 395
am. 1991 No. 265
Rr. 42-44 ad. 1986 No. 395
Part V (rr. 45, 46) ad. 1986 No. 395
R. 45 ad. 1986 No. 395
rep. 1991 No. 265
R. 46 ad. 1986 No. 395
Schedule 1 ad. 1986 No. 395
am. 1991 No. 265
Schedule 2 ad. 1986 No. 395
TRADE UNION TRAINING AUTHORITY REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART I - PRELIMINARY
1. Citation
2. Interpretation
PART IV - ELECTION OF STAFF REPRESENTATIVE
Division 1 - Preliminary
14. Interpretation
14A. Part-time member to represent officers and employees of
the Authority
15. Returning Officer
Division 2 - Commencement of electoral process
16. Days to be fixed for purposes of elections
17. List of officers and employees
18. Calling for nominations
Division 3 - Nominations
19. Nominations
20. Withdrawal of nominations
21. Proceedings on nomination day
Division 4 - Voting
22. Persons eligible to vote
23. Number of votes
24. Ballot-papers
25. Dispatch of ballot-papers
26. Post boxes for ballot-papers
27. Replacement of ballot-papers etc.
28. Manner of voting
Division 5 - Scrutiny
29. Custody of ballot-paper envelopes
30. Appointment of scrutineers
31. Scrutiny of votes and declarations
32. Determination of result of election
33. Retention of ballot-papers
34. Informal ballot-papers
35. Declaration and notification of result of election
36. Request for recount of votes
37. Conduct of recount
Division 6 - Disputed elections
38. Application to dispute election
39. Committee to decide validity of election
40. Inquiry
41. Decision of committee
42. Effect of committee's decision
Division 7 - Miscellaneous
43. Irregularities at election
44. Destruction of electoral papers
PART V - MISCELLANEOUS
46. Limit on contracts not requiring approval by Minister
SCHEDULE 1
FORMS
SCHEDULE 2
PROCEDURE FOR DETERMINING RESULT OF ELECTION
TRADE UNION TRAINING AUTHORITY REGULATIONS - PART I
PART I - PRELIMINARY
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Trade Union Training Authority Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 2
Interpretation
2. In these Regulations, "the Act" means the Trade Union Training Authority Act 1975.
TRADE UNION TRAINING AUTHORITY REGULATIONS - PART IV
PART IV - ELECTION OF STAFF REPRESENTATIVE
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 1
Division 1 - Preliminary
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 14
Interpretation
14. In this Part, unless the contrary intention appears:
"election" means an election for the purposes of subregulation 14A (1);
"return envelope" means a return envelope of the kind referred to in subregulation 25 (2);
"Returning Officer", in relation to an election, means the person appointed under regulation 15 to be the Returning Officer for the purposes of the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 14A
Part-time member to represent officers and employees of the Authority
14A. (1) The method of selection of a person under paragraph 12 (1) (e) of the Act as a part-time member to represent the officers and employees of the Authority is by election in accordance with this Part. (2) The persons who are eligible for nomination for election are the officers and employees of the Authority.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 15
Returning Officer
15. The Electoral Commissioner shall appoint a person to be the Returning Officer for the purposes of an election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 2
Division 2 - Commencement of electoral process
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 16
Days to be fixed for purposes of elections
16. (1) For the purposes of an election, the Executive Officer must, by instrument in writing, fix:
(a) the day that is to be the day after which candidates may be nominated for election, being a day not earlier than 7 days after the day on which the Executive Officer issues that instrument;
(b) the day that is to be the last day on which candidates for election may be nominated, being a day not earlier than 21 days after the day fixed for the purpose of paragraph (a);
(c) the day that is to be the last day on which ballot-papers may be issued, being a day not later than 14 days before the day fixed for the purpose of paragraph (d); and
(d) the day that is to be the day for the close of the poll, being a day not earlier than 49 days and not later than 56 days after the day fixed for the purpose of paragraph (a).(2) The poll closes at 12 o'clock noon on the day fixed for the purpose of paragraph (1) (d).
(3) The Executive Officer must, not later than 7 days before the day fixed for the purpose of paragraph (1) (a), deliver to the Returning Officer a copy of the instrument under subregulation (1) fixing the days for the purposes of the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 17
List of officers and employees
17. As soon as practicable after the day fixed for the purpose of paragraph 16 (1) (a) in relation to an election, the Executive Officer must prepare, and deliver to the Returning Officer, a list showing the name and address of each officer and employee who, on that day, is eligible to vote at the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 18
Calling for nominations
18. Upon receipt of the list prepared under regulation 17 in relation to an election, the Returning Officer shall send to each person whose name appears on the list, at the address shown in the list, a notice that:
(a) specifies the office in respect of which the election is to be held;
(b) specifies the days fixed under subregulation 16 (1) for the purposes of the election;
(c) invites the nomination of officers or employees for election; and
(d) specifies the form in which, and the place at which, nominations are to be lodged.
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 3
Division 3 - Nominations
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 19
Nominations
19. (1) The nomination of a candidate for election shall be in writing signed by each nominator and the nominee. (2) The nomination of a candidate for election is not valid unless:
(a) the nominee consents in writing to the nomination;
(b) the nominee is a person who is eligible to vote at the election;
(c) each nominator is a person who is eligible to vote at the election; and
(d) the nomination is lodged with the Returning Officer after the day fixed for the purpose of paragraph 16 (1) (a) in relation to the election and not later than the day fixed for the purpose of paragraph 16 (1) (b) in relation to the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 20
Withdrawal of nominations
20. (1) A person nominated as a candidate for election may, by declaration lodged with the Returning Officer not later than the day fixed for the purpose of paragraph 16 (1) (b) in relation to the election, withdraw his or her consent to the nomination. (2) A declaration referred to in subregulation (1) by a person shall be signed by the person before a Justice of the Peace or a Commissioner for Affidavits.
(3) A person who withdraws his or her consent to a nomination shall, not later than the day fixed for the purpose of paragraph 16 (1) (b) in relation to the election, notify each nominator in writing of the withdrawal.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 21
Proceedings on nomination day
21. (1) If only one candidate is nominated in respect of an election, the Returning Officer shall:
(a) by notice published in the Gazette, declare the candidate elected; and
(b) by notice in writing, inform the Executive Officer of the person so elected.(2) If more than one candidate is nominated in respect of an election, the Returning Officer shall conduct a poll to decide the election.
(3) If no candidate is nominated in respect of an election, the election shall be taken to have wholly failed.
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 4
Division 4 - Voting
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 22
Persons eligible to vote
22. The persons who are eligible to vote at an election are the officers and employees of the Authority.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 23
Number of votes
23. A person eligible to vote at an election is entitled to one vote only at the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 24
Ballot-papers
24. (1) A ballot-paper shall:
(a) be in accordance with Form 1 in Schedule 1; and
(b) specify the names of the candidates in an order determined by the Returning Officer by lot.(2) The Returning Officer shall initial each ballot-paper before it is dispatched under regulation 25.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 25
Dispatch of ballot-papers
25. (1) Where a poll is required under subregulation 21 (2) to decide an election, the Returning Officer shall, not later than the day fixed for the purpose of paragraph 16 (1) (c) in relation to the election, send to each person whose name appears on the list delivered to the Returning Officer under regulation 17 in relation to the election, at the address of that person shown on the list:
(a) a ballot-paper;
(b) a ballot-paper envelope; and
(c) a return envelope.(2) A return envelope shall:
(a) have printed on it a declaration in accordance with Form 2 in Schedule 1;
(b) be addressed to the Returning Officer at a specified private box of the kind referred to in regulation 26; and
(c) be an envelope that may be posted to the Returning Officer without expense to the voter.(3) The Returning Officer shall ensure that the ballot-paper and envelopes to be sent to a person under subregulation (1) are enclosed in an envelope which is fastened and addressed to the person.
(4) The envelope last mentioned in subregulation (3) shall have printed on it an instruction to the effect that if it is not delivered to the addressee it should be returned to the Returning Officer at a specified private box of the kind referred to in regulation 26, not being the private box referred to in paragraph 25 (2) (b).
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 26
Post boxes for ballot-papers
26. (1) The Returning Officer shall use, for the purposes of receiving ballot-papers in respect of an election, private boxes at a post office, being private boxes used exclusively for that purpose. (2) Access to a private box referred to in subregulation (1) shall be under the exclusive control of:
(a) persons authorised by the Australian Postal Commission for the purpose;
(b) the Returning Officer; and
(c) persons authorised in writing by the Returning Officer for the purpose.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 27
Replacement of ballot-papers etc.
27. (1) If, before the close of the poll at an election, a person eligible to vote at the election makes and delivers to the Returning Officer a statement in writing:
(a) setting out the person's full name and address;
(b) declaring that the person has not received a ballot-paper, ballot-paper envelope or return envelope or that a ballot-paper, ballot-paper envelope or return envelope received by the person has been lost or destroyed; and
(c) declaring that the person has not already voted at the election;
the Returning Officer shall give to the person a ballot-paper, ballot-paper envelope or return envelope, or a further ballot-paper, ballot-paper envelope or return envelope, as the case may be.(2) Where, under subregulation (1), the Returning Officer gives a ballot-paper, ballot-paper envelope or return envelope to a person, the Returning Officer shall keep a record in writing of that fact and of the name and address of that person.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 28
Manner of voting
28. (1) A voter shall indicate the voter's preference, or the order of the voter's preference, on a ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom the voter wishes to vote as the voter's first preference or, if the voter so desires, by placing a series of consecutive numbers, beginning with the number 1, in the squares opposite the names of all, or some only, of the candidates so as to indicate the order of the voter's preference for them, one number being placed in the square opposite the name of each such candidate. (2) After marking a ballot-paper, the voter shall:
(a) fold the ballot-paper so as to conceal the vote, place the ballot-paper in the ballot-paper envelope and seal that envelope;
(b) place the ballot-paper envelope in the return envelope, seal the return envelope and complete and sign the declaration printed on the return envelope; and
(c) post the return envelope so that it may reach the Returning Officer not later than 12 o'clock noon on the day fixed for the close of the poll.
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 5
Division 5 - Scrutiny
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 29
Custody of ballot-paper envelopes
29. (1) The Returning Officer shall, in respect of an election:
(a) keep in the Returning Officer's custody a locked and sealed container endorsed with such words as are necessary to indicate the election in respect of which the container is used; and
(b) place and keep, unopened, in the container until the scrutiny all return envelopes received by the Returning Officer at the private box referred to in paragraph 25 (2) (b) before the close of the poll.(2) The Returning Officer shall not admit to the scrutiny any return envelopes:
(a) received by the Returning Officer at the private box referred to in paragraph 25 (2) (b) after the close of the poll; or
(b) received by the Returning Officer at the private box referred to in subregulation 25 (4);
but shall place those envelopes unopened in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 30
Appointment of scrutineers
30. (1) A candidate at an election may appoint one scrutineer to represent the candidate at the scrutiny. (2) The appointment of a scrutineer under subregulation (1):
(a) shall be made by notice in writing signed by the candidate or by telegram;
(b) shall be addressed to the Returning Officer and given to, or sent so that it may reach, the Returning Officer not later than 12 o'clock noon on the day fixed for the close of the poll; and
(c) shall set out the name and address of the scrutineer.(3) All the proceedings at the scrutiny shall be open to the inspection of the scrutineers.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 31
Scrutiny of votes and declarations
31. As soon as practicable after the close of a poll the Returning Officer shall, in the presence of such scrutineers as attend:
(a) open the container referred to in subregulation 29 (1) and take out the return envelopes contained in it;
(b) without opening the return envelopes, examine each envelope and:
(i) if the Returning Officer is satisfied that the
declaration on the envelope has been effectively completed and signed by a person eligible to vote at the election, being a person who has not already voted in the poll - accept the ballot-paper contained in the envelope for further scrutiny; and
(ii) if the Returning Officer is not so satisfied - reject
the ballot-paper without opening the envelope;
(c) place the return envelopes containing ballot-papers rejected under paragraph (b) in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement;
(d) place the return envelopes containing ballot-papers accepted under paragraph (b) for further scrutiny on a table before the Returning Officer with the declaration on each envelope facing downwards, and then, without further examining the declaration or permitting any other person to do so, withdraw from each envelope the ballot-paper envelope contained in it and, without opening the ballot-paper envelope or permitting any other person to do so, place the ballot-paper envelope in a locked and sealed container;
(e) place the return envelopes from which ballot-paper envelopes have been withdrawn in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement;
(f) open the container referred to in paragraph (d) and take out the ballot-paper envelopes contained in it;
(g) open the ballot-paper envelopes referred to in paragraph (f) and withdraw from each envelope the ballot-paper contained in it; and
(h) place the ballot-paper envelopes opened under paragraph (g) in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 32
Determination of result of election
32. The result of an election shall be determined in accordance with the procedure set out in Schedule 2.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 33
Retention of ballot-papers
33. After the scrutiny conducted in respect of an election has been completed, the Returning Officer shall:
(a) place in separate parcels ballot-papers rejected as informal and ballot-papers not so rejected; and
(b) endorse on each parcel such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 34
Informal ballot-papers
34. A ballot-paper is informal if:
(a) it is not initialled by the Returning Officer;
(b) it has no vote marked on it;
(c) it does not indicate, in accordance with the directions on the ballot-paper, the voter's first preference for a candidate; or
(d) it has upon it any mark or writing by which the voter can be identified.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 35
Declaration and notification of result of election
35. (1) As soon as practicable after the completion of the scrutiny conducted in respect of an election, the Returning Officer shall:
(a) by notice published in the Gazette, declare the successful candidate to be elected; and
(b) by notice in writing, inform the Executive Officer of the candidate so elected.(2) Subject to regulation 42, a candidate declared under subregulation (1) to be elected at an election shall be taken to have been elected at that election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 36
Request for recount of votes
36. (1) At any time before a notice under subregulation 35 (1) declaring a candidate to be elected at an election is published in the Gazette, the Returning Officer may, on the request in writing of a candidate stating the reasons for the request or on the Returning Officer's own motion, recount the ballot-papers received in connection with the election. (2) Where the Returning Officer, upon a request being made to him by a candidate, refuses to conduct a recount of the ballot-papers, the candidate may, by notice in writing, appeal to the Electoral Commissioner against the refusal and the Electoral Commissioner may, as he or she thinks fit, either direct the Returning Officer to conduct a recount of the ballot-papers or refuse to direct a recount.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 37
Conduct of recount
37. In conducting a recount in respect of an election, the Returning Officer shall have the same powers for the purposes of the recount as the Returning Officer had in the scrutiny in respect of the election and may make any decision in respect of a matter relating to the allowance and admission, or disallowance and rejection, of a ballot-paper that the Returning Officer could have made in respect of that matter in the course of the scrutiny.
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 6
Division 6 - Disputed elections
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 38
Application to dispute election
38. (1) A candidate at an election may, by application in writing addressed to the Executive Officer, dispute the validity of the election. (2) An application under subregulation (1) shall:
(a) set out the grounds relied on to invalidate the election;
(b) be signed by the candidate; and
(c) be given to the Executive Officer within 14 days after the day on which the Returning Officer declares a candidate to be elected at the election.(3) As soon as practicable after a candidate makes an application under subregulation (1), the candidate shall give a copy of the application to the person declared to be elected at the election to which the application relates.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 39
Committee to decide validity of election
39. (1) Where the Executive Officer receives an application under subregulation 38 (1) disputing the validity of an election, the National Director shall establish a committee to decide the validity of the election. (2) A committee established under subregulation (1) shall consist of:
(a) a chairperson nominated by the Electoral Commissioner;
(b) a person nominated by the Executive Officer; and
(c) a person nominated by the Secretary.(3) The Returning Officer for the purposes of an election shall not be a member of a Committee established under subregulation (1) in relation to the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 40
Inquiry
40. (1) A committee established under subregulation 39 (1) to decide the validity of an election shall, without regard to legal forms or technicalities, inquire into the validity of the election. (2) Without limiting the generality of subregulation (1), in an inquiry into the validity of an election a committee established under subregulation 39 (1):
(a) is not bound by the rules of evidence but may inform itself in any manner it sees fit;
(b) may inquire into the identity of voters at the election and whether their votes were improperly accepted or rejected;
(c) shall afford the applicant disputing the validity of the election, the candidate declared under subregulation 35 (1) to be elected at the election, the Returning Officer and any other person the committee considers should be given an opportunity to do so, an opportunity to give evidence and make submissions to the committee; and
(d) may grant leave to a person referred to in paragraph (c) to inspect the list referred to in regulation 17, the record referred to in subregulation 27 (2) and any other document used at or in connection with the election and to take extracts from that list or record or those documents.(3) If the members of a committee established under subregulation 39 (1) to decide the validity of an election are divided in opinion as to the validity of that election, the decision of the majority of the members as to the validity of that election shall be taken to be the decision of the committee.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 41
Decision of committee
41. Where a committee established under subregulation 39 (1) has completed an inquiry into the validity of an election, the Committee shall:
(a) by notice published in the Gazette:
(i) declare that the candidate who was declared under
subregulation 35 (1) to be elected at the election was not so elected;
(ii) declare to be elected at the election a candidate who
was not declared under subregulation 35 (1) to be elected at the election; or
(iii) declare that the election of the candidate who was
declared under subregulation 35 (1) to be elected at the election is confirmed; and
(b) give the Executive Officer a report setting out the findings of the Committee, the reasons for those findings and its decision based on those findings.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 42
Effect of committee's decision
42. (1) A decision referred to in regulation 41 by a committee has effect as provided by this regulation. (2) If a candidate who was declared under subregulation 35 (1) to be elected at an election is declared by the committee not to have been so elected, the candidate shall be taken not to have been elected at the election.
(3) If a candidate who was not declared under subregulation 35 (1) to be elected at an election is declared by the committee to have been elected at the election, the candidate shall be taken to have been elected at the election.
(4) If the committee declares that the election of a candidate who was declared under subregulation 35 (1) to be elected at an election is confirmed, the candidate shall be taken to have been elected at the election.
TRADE UNION TRAINING AUTHORITY REGULATIONS - DIVISION 7
Division 7 - Miscellaneous
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 43
Irregularities at election
43. (1) Subject to subregulation (3), where the Returning Officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the Returning Officer may, before a candidate is declared under subregulation 35 (1) to be elected at the election, declare the election to be void. (2) Subject to subregulation (3), where a committee established under subregulation 39 (1) in relation to an election has reasonable grounds to believe that there has been an irregularity in the conduct of the election, the committee may, before a declaration under regulation 41 is made in relation to the election, declare the election to be void.
(3) An election shall not be declared void under subregulation (1) or (2):
(a) by reason only of a defect or irregularity in the conduct of the election that did not affect the result of the election;
(b) by reason only of an error or defect in an instrument, notice, statement or other document made under these Regulations, or purporting to have been so made; or
(c) by reason only of any illegal practice, other than bribery or corruption or attempted bribery or corruption, having been engaged in by a person, unless:
(i) it is likely that the result of the election was
affected by the practice; and
(ii) it is just that the election be declared void.
(4) Where an election is declared void under subregulation (1) or (2), these Regulations apply as if the election had not been held.
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 44
Destruction of electoral papers
44. After the expiration of 12 months after:
(a) the publication in the Gazette of a notice under subregulation 35 (1) declaring a candidate to be elected at an election; or
(b) where the validity of an election is disputed - the publication in the Gazette of a notice referred to in paragraph 41 (a) in relation to the election;
the Returning Officer shall authorise the destruction of:
(c) the ballot-papers and envelopes relating to the election contained in the parcels referred to in subregulation 29 (2) and paragraph 31 (c);
(d) the envelopes relating to the election contained in the parcels referred to in paragraphs 31 (e) and (h); and
(e) the ballot-papers relating to the election contained in the parcels referred to in regulation 33.
TRADE UNION TRAINING AUTHORITY REGULATIONS - PART V
PART V - MISCELLANEOUS
TRADE UNION TRAINING AUTHORITY REGULATIONS - REG 46
Limit on contracts not requiring approval by Minister
46. For the purposes of paragraph 47 (a) of the Act, the amount of $100,000 is prescribed.
TRADE UNION TRAINING AUTHORITY REGULATIONS - SCHEDULE 1 SCH
SCHEDULE 1
FORMS
FORM 1 Subregulation 24 (1)
(Initials of
Returning Officer)
TRADE UNION TRAINING AUTHORITY REGULATIONS BALLOT-PAPER
ELECTION OF REPRESENTATIVE OF OFFICERS AND EMPLOYEES OF THE
AUTHORITY FOR APPOINTMENT AS A PART-TIME MEMBER OF THE
EXECUTIVE COUNCIL
DIRECTIONS TO VOTER
1. Mark your vote on this ballot-paper by placing the number 1
in the square opposite the name of the candidate for whom you
wish to vote as your first preference.
2. If you so desire, you may indicate the order of your
preference for all or some of the remaining candidates by
placing the numbers 2, 3 and 4 (and so on, should you so
desire) in the squares opposite the names of those candidates.
CANDIDATES
FURTHER DIRECTIONS TO VOTER
After marking your vote, fold the ballot-paper so as to conceal
your vote, place it in the ballot-paper envelope and seal that
envelope. Place the ballot-paper envelope in the envelope
addressed to the Returning Officer, seal that last-mentioned
envelope and complete and sign the declaration printed on that
last-mentioned envelope. Then post the envelope addressed to
the Returning Officer so that it may reach the Returning
Officer not later than 12 o'clock noon on the day of
19 .
(*) Full names of candidates to be set out opposite the
squares.
FORM 2 Subregulation 25 (2)
TRADE UNION TRAINING AUTHORITY REGULATIONS
DECLARATION BY VOTER
I, of (address), declare
that I am eligible to vote at the election of a representative
of officers and employees of the Authority for appointment as a
part-time member of the Executive Council, the poll for which
election closes on 19 , and I have not previously
voted at the election.
Signature of voter
Signed before me this day of 19 .
Signature of witness:
Address of witness:
TRADE UNION TRAINING AUTHORITY REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2 Regulation 32
PROCEDURE FOR DETERMINING RESULT OF ELECTION
1. In this Schedule, a reference to a first preference vote
includes a reference to a vote that, in accordance with this
Schedule, is to be deemed to be a first preference vote.
2. The Returning Officer shall, in the presence of such
scrutineers as attend, count the first preference votes given
for each candidate on such of the ballot-papers referred to in
paragraph 31 (g) as are not rejected as informal.
3. If a candidate has absolute majority of first preference
votes, that candidate shall be elected.
4. If no candidate has an absolute majority of first preference
votes, the Returning Officer shall proceed as follows:
(a) the candidate who has had the fewest first preference votes
shall be excluded;
(b) all ballot-papers recording a first preference vote for
that excluded candidate shall be scrutinised and, where any
such ballot-paper records a second preference vote for another
candidate, that second preference vote shall be counted to that
other candidate and shall be deemed to be a first preference
vote for that other candidate;
(c) if, after the count referred to in paragraph (b), a
candidate has an absolute majority of first preference votes,
that candidate shall be elected;
(d) if, after the count referred to in paragraph (b), no
candidate has an absolute majority of first preference votes,
the process of:
(i) excluding the candidate who has had the fewest first
preference votes in the last preceding count;
(ii) scrutinising all ballot-papers recording a vote that was
counted in the last preceding count to that excluded candidate;
and
(iii) where such a ballot-paper records a vote for an
unexcluded candidate that is expressed as being the next
preference vote of the voter - counting that last mentioned
vote to that unexcluded candidate and deeming that vote to be a
first preference vote for that unexcluded candidate, shall be
repeated until one candidate has an absolute majority of first
preference votes and that candidate shall be elected.
5. If, on any count, 2 or more candidates have an equal number
of votes, and one of them has to be excluded, the Returning
Officer shall decide by lot which candidate is to be excluded.
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