New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - SCHEDULE 10

SCHEDULE 10 – Constitutional referendums and council polls

(Clause 397)

1

The following provisions of this Regulation do not apply to constitutional referendums or council polls under Part 3 of Chapter 4 of the Act:

(a) Divisions 2 and 4 of Part 11,
(b) clauses 301-305, 345, 351 (1) (b) and (e), 352 and 393-396,
(c) Schedules 4-9 and Forms 1-12 in Schedule 11.

2

Clause 357 of, and Form 15 in Schedule 11 to, this Regulation do not apply to council polls under Part 3 of Chapter 4 of the Act.

3

Part 11 of this Regulation, in its application to a constitutional referendum or council poll, is modified as follows:

(a) a reference to a ballot-paper is taken to be a reference to a poll-paper,
(c) scrutineers are to be appointed not by candidates but by the returning officer at the request of the general manager or mayor of the relevant council, or by the registered officer for a political party registered in the Local Government Register of Political Parties, or by the Electoral Commission,
(d) a reference in clause 353 (1) or (2) to a candidate is taken to be a reference to a scrutineer appointed in relation to the referendum or poll,
(e) clause 353 (2) (d) is taken to read as follows:
(d) be lodged with the returning officer within 24 hours after the persons present are informed of the result of the count.
(f) clause 354 (2) and (3) is to be read:
(2) as if the words "an alteration in the candidates who are elected", wherever occurring, were omitted and the words "an alteration in the decision of the constitutional referendum or council poll" inserted instead, and
(3) as if the references to the candidate were references to the scrutineer,
(g) clause 356 (2) is taken to be omitted and the following subclause inserted instead:
(2) The declaration is to be signed by the returning officer and is to state the question on the poll-paper and the number of "Yes" votes and the number of "No" votes.
(h) clause 356 (7) (a) and (b) are taken to be omitted and the following paragraph inserted instead:
(a) the question on the poll-paper and the number of "Yes" votes and the number of "No" votes, and
(i) if the constitutional poll or council poll is not to be held in conjunction with an election of councillors--a reference to the election day is taken to be a reference to the day on which the referendum or poll is held.

3A

In the application of Part 11 of this Regulation to a council poll, clause 356B (g) is taken to be omitted.

4

The following additional provisions apply to constitutional referendums and council polls under Part 3 of Chapter 4 of the Act:

(a) if a council resolves to take a constitutional referendum or council poll, the general manager is to notify the Electoral Commission of the resolution within 21 days after the council makes the resolution (if the Electoral Commissioner is to administer the referendum or poll),
(a1) if a constitutional referendum or council poll is to be held in conjunction with an election of councillors, the general manager must (if he or she has not already done so) notify the Electoral Commission of the question to be asked at the referendum or poll no later than 12 noon on the closing date for the election (if the Electoral Commissioner is to administer the referendum or poll and the election),
(b) the election manager is to notify in a newspaper circulating in the area in which a referendum is to be taken, or the area or part of the area in which a poll is to be taken, the date of the referendum or poll, the question to be asked at the referendum or poll and the locations and times of polling for the referendum or poll:
(i) except as provided by subparagraph (ii)--as soon as practicable after being notified of the date of the referendum or poll, or
(ii) in the case of a referendum or poll to be held in conjunction with an election of councillors--at the same time as the election manager publishes a notice under clause 300 of this Regulation in relation to the election,
(c) the poll-paper at a constitutional referendum or council poll is to be in Form 16 in Schedule 11,
(d) a poll-paper at a constitutional referendum or council poll is informal if:
(i) neither the word "Yes" nor the word "No" is written in or near the space provided opposite the question, or
(ii) the poll-paper is not initialled on the front by the returning officer or an election official, or
(iii) the poll-paper contains a mark or writing that, in the returning officer's opinion, would enable the voter to be identified,
(e) in spite of paragraph (d) a poll-paper is not informal if:
(i) neither the word "Yes" nor the word "No" is written in or near the space provided opposite the question, or
(ii) the poll-paper contains an unnecessary mark,
if, in the opinion of the returning officer, the voter's intention is clearly indicated on the poll-paper,
(f) in spite of paragraph (d) a poll-paper is not informal because it is not initialled on the front by the returning officer or an election official if it contains the mark referred to in clause 305 (2) of this Regulation,
(g) a poll-paper that is informal is to be rejected at the scrutiny.



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