TERRITORY OF COCOS (KEELING) ISLANDS
__________________
Local Government (Transition) (Amendment) Ordinance
___________
No. 7 of 1992
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.
Dated 17 December 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
WENDY FATIN
Minister of State for the Arts and Territories
____________
An Ordinance to amend the Local Government (Transition) Ordinance 1992
1. Short Title
1.1 This Ordinance may be cited as the Local Government (Transition) (Amendment) Ordinance 1992.1
2. Amendment
2.1 The Local Government (Transition) Ordinance 19922 is amended as set out in this Ordinance.
[NOTE: This Ordinance commences on gazettal: see Cocos (Keeling) Islands Act 1955: subsection 12(2)]
3. Section 8 (Suspension of operation of provisions of the Local Government Act)
3.1 Subparagraphs 8 (a) (iii) and (iv):
Omit the subparagraphs.
3.2 Subparagraph 8 (a) (i):
Omit the subparagraph, substitute:
“(i) Part IV, except those sections referred to in subparagraph (c) (iii);”.
3.3 After paragraph 8 (b), insert:
“; and (c) the operation of the following provisions of the Local Government Act is suspended until the end of 30 June 1993:
(i) subsection 533 (2);
(ii) Division 4 of Part XXV;
(iii) sections 95, 96, 97, 117, 118, 119, 120, 132, 136 and 136A.”.
4. New section 10
4.1 After section 9, insert:
“10. (1) The Local Government Act 1960 (W.A.) (C.K.I.) is amended as set out in the Schedule.
“(2) The amendments to the Local Government Act 1960 (W.A.) (C.K.I.) set out in the Schedule apply only in relation to:
(a) an election of Shire councillors held on 1 May 1993; and
(b) an election to fill an extraordinary vacancy held before the annual election day in 1994.”.
SCHEDULE
AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1960 (W.A.) (C.K.I.)
SHIRE COUNCIL ELECTIONS
1. New section 72A
1.1 After section 72, insert:
Election on 1 May 1993
“72A. (1) The term of office of all persons who were Shire councillors on 31 December 1992 ends on 1 May 1993.
“(2) On 1 May 1993 an election must be held to elect Shire councillors to fill all vacancies on the Shire council:
(a) existing on 31 December 1992; or
(b) created under subsection (1).
2. Section 85 (Form of nomination papers)
2.1 Subsection 85(1):
Omit “and be in the form prescribed”.
3. New section 93A
3.1 After section 93, insert:
Voting stamps
“93A. Voting stamps must be distinctive and adhesive.”.
4. New section 94A
4.1 After section 94, insert:
Method of voting
“94A. A person voting at an election:
(a) may cast only 1 vote for each vacancy to be filled at the election; and
(b) may cast fewer votes than there are vacancies to be filled at the election; and
(c) may only cast a vote by affixing a voting stamp to the ballot paper next to the name and photograph of each candidate for whom the person wishes to vote.”.
5. Section 107 (Issue of ballot papers for voting in person)
5.1 After paragraph 107 (4) (b), insert:
“; and (c) give that person sufficient voting stamps to allow the person to vote for each vacancy on the Shire council to be filled at the election.”.
6. Section 108 (Where to mark votes on ballot paper when voting in person)
6.1 Subsection 108 (2):
Omit the subsection, substitute:
“(2) If and as often as the presiding officer is satisfied that a ballot paper is spoilt by mistake or mishap, he or she may, on recording the facts:
(a) cancel the spoilt ballot paper; and
(b) give to the elector:
(i) a replacement ballot paper marked as required by paragraph (b) of subsection (4) of section 107; and
(ii) if necessary, replacement voting stamps.”.
6.2 After subsection 108 (3), insert:
“(4) For the purposes of this section, a vote is marked upon a ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote.
“(5) An elector may ask a presiding officer to identify by name any candidate whose photograph appears on the ballot paper and the presiding officer must comply with the request.”.
7. Section 110 (Adjourning of polling in case of riot or other cause)
7.1 Subsection 110 (2) (b):
After “unused ballot papers”, insert “, unused voting stamps”.
8. Section 111 (Vote of person not on roll)
8.1 Subsection 111 (3):
Omit the subsection, substitute:
“(3) If the person satisfies the electoral officer that the person is entitled to vote at the election, the electoral officer must:
(a) take a ballot paper and mark his or her initials on the back of the ballot paper; and
(b) give the person:
(i) the ballot paper; and
(ii) sufficient voting stamps to allow the person to vote
for each vacancy on the Shire council to be filled at the election; and
(iii) a ballot paper envelope.”.
9. Section 115 (Casting an early vote)
9.1 Subsection 115 (3):
Omit the subsection, substitute:
“(3) If the elector satisfies the electoral officer that the elector is entitled to vote at the election, the electoral officer must:
(a) subject to section 43A, indicate by a mark against the name of the elector on the electoral roll being used by him or her for the purpose of the election that he or she is giving to that elector a ballot paper; and
(b) take a ballot paper and mark his or her initials on the back of the ballot paper; and
(c) give the elector:
(i) the ballot paper; and
(ii) sufficient voting stamps to allow the elector to vote for each vacancy on the Shire council to be filled at the election; and
(iii) a ballot paper envelope.”.
9.2 Subsection 115 (4):
Omit the subsection, substitute
“(4) The elector must record his or her vote on the ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote.
“(5) If an elector requires assistance to vote, section 108 applies with any necessary modifications.
“(6) An elector may ask an electoral officer to identify by name any candidate whose photograph appears on the ballot paper and the electoral officer must comply with the request.”.
10. Section 122 (Casting a postal vote)
10.1 Subsection 122 (4):
Omit the subsection, substitute:
“(4) On receipt of an application for a postal vote, the returning officer or other officer appointed to issue postal voting papers must satisfy himself or herself that:
(a) the application has been properly completed; and
(b) the person claiming a postal vote is registered as an elector on the electoral roll; and
(c) so far as he or she can reasonably ascertain, an early vote has not already been cast by or a postal vote has not already been issued to that person.
“(4A) If the electoral officer is satisfied on the matters referred to in subsection (4), then he or she must:
(a) complete a postal vote certificate in the prescribed form printed on a postage pre-paid envelope; and
(b) take a ballot paper and mark his or her initials on the back of the ballot paper; and
(c) post to the elector at the address shown on the elector’s application:
(i) the ballot paper; and
(ii) sufficient voting stamps to allow the elector to vote for each vacancy on the Shire council to be filled at the election; and
(iii) a ballot paper envelope; and
(iv) the postal vote certificate envelope; and
(v) voting instructions in the prescribed form.”.
10.2 Paragraph 122 (7) (d):
Omit the paragraph, substitute:
“(d) the elector must, in the presence of the authorised witness, but so that the witness cannot see the vote:
(i) record his or her vote on the ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote; and
(ii) insert the ballot paper in the ballot paper envelope and seal the envelope; and
(iii) complete the certificate on the postal vote certificate envelope; and
(iv) insert the ballot paper envelope in the postal vote certificate envelope; and
(v) post or cause to be delivered to the returning officer the postal vote certificate envelope;”.
10.3 Paragraph 122 (7) (e):
Omit the paragraph, substitute:
“(e) if the elector’s sight is so impaired, or through other cause his or her ability to read or to write is such that he or she cannot vote without assistance, a person appointed for that purpose by the elector may, in the presence of the authorised witness:
(i) mark his or her vote on the ballot paper by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote; and
(ii) insert the ballot paper in the ballot paper envelope and seal the envelope; and
(iii) complete the certificate on the postal vote certificate envelope; and
(iv) insert the ballot paper envelope in the postal vote certificate envelope and seal that envelope; and
(v) hand the postal vote certificate envelope to the elector;
(ea) if the elector requests the authorised witness to do so, the authorised witness must post or cause to be delivered to the returning officer the completed postal vote certificate envelope;
(eb) if the elector does not make a request referred to in paragraph (ea), then the elector must post or cause to be delivered to the returning officer the completed postal vote certificate envelope;”.
11. Section 128 (Voting notwithstanding elector recorded as having been issued with postal vote)
11.1 After “for cancellation a postal vote certificate” insert “, voting stamps ”.
11.2 After “use the postal vote certificate”, insert “voting stamps”.
12. Section 132 (Acceptance of validly marked ballot papers)
12.1 Omit “in accordance with the requirements of section 97”, insert “by affixing a voting stamp in the space next to the name and photograph of each candidate for whom the elector wishes to vote”.
13. Section 133 (Rejection of ballot papers)
13.1 After subsection 133 (2), insert:
“(3) The returning officer must reject a vote if he or she is not satisfied that the intention of the voter can be clearly ascertained from the ballot paper.
“(4) If the returning officer:
(a) is satisfied that the voter intended to vote for a number of candidates, not exceeding the number of vacancies to be filled at the election; and
(b) is not satisfied that the intention of the voter in respect of one or more of the votes cast can be clearly ascertained from the ballot paper;
then the returning officer must admit the ballot paper to the scrutiny only in respect of those votes in respect of which he or she is satisfied that the intention of the voter can be clearly ascertained from the ballot paper.”.
14. New section 136B
14.1 After section 136A, insert:
Counting votes
“136B. (1) If an elector has placed 1 stamp next to the name and photograph of a candidate, 1 vote must be recorded in favour of that candidate for that ballot paper.
“(2) If an elector has placed more than 1 stamp next to the name and photograph of a candidate, 1 vote only shall be recorded in favour of that candidate for that ballot paper.
“(3) The candidate who receives the greatest number of votes shall be declared elected, then the candidate who receives the next highest number of votes shall be declared elected, and so on until all vacancies upon the Shire council to be filled at the election are filled.
“(4) If there is an equality of votes for 2 or more candidates for a vacancy remaining on the Shire council, then:
(a) if the number of vacancies remaining on the Shire council for which no candidate has been declared elected equals or exceeds the number of candidates for whom there is an equality of votes, all those candidates must be declared elected; and
(b) if the number of vacancies remaining on the Shire council for which no candidate has been declared elected is less than the number of candidates for whom there is an equality of votes, the Returning Officer must determine by lot which of those candidates is elected.”.
___________________________________________________________
NOTES
1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.
2. Ordinance No. 4 of 1992.