Northern Territory Repealed Regulations Northern Territory Repealed RegulationsThis legislation has been repealed.
[This Regulation commenced on 10 April 2019 and was repealed by the LOCAL GOVERNMENT ACT 2019, NO. 39 which commenced on the 01 July 2021.]
NORTHERN TERRITORY OF AUSTRALIA
LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2008
As in force at 10 April 2019
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
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As in force at 10 April 2019
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LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2008
Regulations under the Local Government Act 2008
These Regulations may be cited as the Local Government (Electoral) Regulations 2008.
The object of these regulations is to provide for the conduct of council elections.
In these Regulations:
absentee voting centre, in relation to an election, means a polling place appointed, under regulation 14(1)(ba), by the returning officer for the election as an absentee voting centre.
approved form means a form approved by the Electoral Commissioner.
authorised officer, see regulation 4.
authorised witness means:
(a) for Australia or an external Territory – a person enrolled as an elector under the Commonwealth Act; or
(b) for another place – a person who is at least 18 years old.
ballot box means a receptacle (that can be secured) suitable for the safe custody of ballot papers after they have been used for voting until the scrutiny.
ballot paper means a paper, prepared for an election in accordance with these regulations:
(a) containing the names of the candidates for election; and
(b) designed to allow a voter to vote by recording the order of the voter's preference for the candidates.
candidate square, in relation to a candidate for an election, means the square printed adjacent to the name of the candidate on the ballot paper prepared for the election for the use of a voter to record the order of the voter's preference for the candidate.
candidate statement means a candidate statement that meets the requirements of regulation 10A.
Commonwealth Act means the Commonwealth Electoral Act 1918 (Cth).
declaration ballot paper means:
(a) a ballot paper mentioned in regulation 23(1); or
(b) a postal ballot paper mentioned in regulation 27 issued, or issued and sent, to a person further to an application made under regulation 26(2).
early voting centre, in relation to an election, means a polling place appointed, under regulation 14(1)(b), by the returning officer for the election as an early voting centre.
electorate means:
(a) for the election of ordinary members of a council:
(i) if the local government area of the council is not divided into wards – the local government area; or
(ii) otherwise – the whole area of each ward within the local government area of the council; or
(b) for the election of the principal member of a council – the local government area.
indication of preferences means an indication of preferences that meets the requirements of regulation 10B.
mobile polling period, see regulation 32(1).
mobile polling place means a mobile polling place declared under regulation 32.
nomination day means:
(a) for a general election – the 23rd day before polling day; or
(b) for a by-election:
(i) if the returning officer is the Electoral Commissioner – a day as decided by the Electoral Commissioner; or
(ii) otherwise – the 23rd day before polling day.
polling day means the day fixed by or under the Act for an election or poll.
polling period, see regulation 3A.
polling place, in relation to an election, means a place appointed for voting by the returning officer for the election.
postal ballot paper, in relation to an election, means a ballot paper that includes, if the election is a mandatory postal vote election, a statement of the offence against regulation 59(1).
postal vote certificate means a certificate that complies with regulation 27(1C).
postal voting papers, in relation to an election, means:
(a) a postal ballot paper for the election; and
(b) a postal vote certificate printed on an envelope addressed to the returning officer for the election; and
(c) an explanation in writing of the procedure for postal voting under these Regulations; and
(d) any other information that the returning officer considers appropriate; and
(e) if the election is a mandatory postal vote election:
(i) a candidate statement for each candidate in relation to whom a candidate statement was lodged, under regulation 10A; and
(ii) an indication of preferences for each candidate in relation to whom an indication of preferences was lodged, under regulation 10B.
replacement postal voting papers, see regulation 27A(2).
scrutineer means a person appointed by a candidate to represent the candidate during the polling or at the scrutiny of ballot papers.
scrutiny centre means a place appointed by the returning officer for an election for the scrutiny of ballot papers for the election.
to sign includes, for a person who is unable to sign his or her name, to make an identifying mark.
The polling period for an election is the period for voting established under this regulation as follows:
(a) if the election is a by-election and the Electoral Commissioner is the returning officer – the period fixed by the Electoral Commissioner to be the polling period;
(b) the period of one or more hours of polling, on one or more days, (which period must end not later than 6 pm on the day before polling day), fixed by the returning officer for the election to be the polling period for an early voting centre for the election;
(c) if the election is a general election or a by-election the polling period is also:
(i) for a polling place for the election (other than a mobile polling place) on polling day for the election – the period starting at 8 am and ending at 6 pm on polling day;
(ii) for a mobile polling place – the dates and hours of polling specified in a declaration in force under regulation 32 for the place, including the dates and hours as changed under regulation 33.
(1) The following are authorised officers:
(a) a returning officer, in relation to the election for which he or she is the returning officer;
(b) a person authorised in writing by the returning officer for an election to exercise specified powers or perform specified functions of an authorised officer under these Regulations in relation to the election.
(1A) Without limiting subregulation (1)(b), an authorisation may specify that an authorised officer:
(a) is to be in charge of a specified polling place or scrutiny centre; or
(b) is to be responsible for, or is to conduct, scrutiny as specified in the authorisation.
(2) An authorised officer must be at least 18 years of age.
(3) A candidate for election, or the spouse of a candidate for election, cannot be an authorised officer for the election.
Part 2 Preparations for an election
(1) The returning officer for an election must invite nominations of candidates for the election as follows:
(a) for a general election – at least 43 days before polling day;
(b) for a by-election:
(i) if the returning officer is the Electoral Commissioner – as decided by the Electoral Commissioner; or
(ii) otherwise – at least 43 days before polling day.
(2) Public notice must be given about the election that includes the following information:
(a) the date on which the election is to be held;
(b) the contact details of the returning officer;
(c) the nomination day for the election, and the time by which nominations must be lodged as mentioned in regulation 8(1);
(d) the date and time of the closing of the electoral roll mentioned in regulation 11.
(3) The public notice must also include the following information if the election is a mandatory postal vote election:
(a) the date of the resolution mentioned in section 86A(2) of the Act;
(b) the approximate date on which the postal voting papers are likely to be issued and sent to electors;
(c) an explanation of the procedures for postal voting;
(d) any other information that the returning officer considers appropriate.
(1) A nomination must:
(a) be in an approved form; and
(b) set out the full name and residential address of the nominee and, if the nominee would prefer the name to appear in an abbreviated form on the ballot papers, the preferred form of the name; and
(c) state the office for which the nominee is a candidate; and
Example
If the principal member of the council is to be elected at the election, the form must state whether the nominee is a candidate for election as principal member or ordinary member of the council (or both) and, if the local government area is divided into wards and the nominee is a candidate for election as an ordinary member of the council, the nomination form must state the ward for which the nominee is a candidate.
(d) contain a statement that the nominee consents, if elected, to act in the capacity in which the nominee is nominated as a candidate for election; and
(e) be signed by the nominee and at least 3 other persons who are eligible to vote at the election.
(2) A nomination must be accompanied by:
(a) a declaration, in the approved form, to the effect that the nominee is eligible for election in the capacity in which the nominee is a candidate; and
(b) a photograph of the nominee that complies with the requirements applicable to photographs of candidates for election under the Electoral Act 2004.
(3) If a local government area is divided into wards, the same person cannot be a candidate for election in more than 1 ward.
(1) A nomination must be lodged with the returning officer before 12 noon on nomination day.
(2) A candidate may withdraw the candidate's nomination by giving written notice of the withdrawal to the returning officer before 12 noon on nomination day.
(3) The lodgement of a nomination or the giving of a notice of withdrawal must be done by:
(a) hand delivery of the nomination or notice to an authorised officer at an office of the returning officer or another place approved by the returning officer; or
(b) an electronic means approved by the returning officer.
(1) The Electoral Commissioner may reject a nomination if (and only if):
(a) the nominee is not eligible for election; or
(b) the nominee's name is obscene, frivolous or has been assumed for a political purpose.
(2) The Electoral Commissioner :
(a) must, as soon as practicable after rejecting a nomination, inform the person whose nomination is rejected of the rejection and the reasons for it; and
(b) must give the person written notice of the rejection and the reasons for it.
(1) At the appropriate time, the returning officer must:
(a) declare the names of the duly nominated candidates for election; and
(b) if a ballot paper is to be prepared for the election – determine by lot the order of the candidates' names on the ballot paper.
(1A) As soon as practicable after the returning officer makes the declaration under subregulation (1), public notice of the declaration must be given.
(2) The returning officer must rely on the declaration of eligibility accompanying the nomination of a candidate in deciding the candidate's eligibility to stand for the election.
(2A) Subregulation (2) does not apply if:
(a) there is evidence contrary to that declaration; and
(b) the Electoral Commissioner is the returning officer and accepts that evidence.
(3) If the number of candidates nominated does not exceed the number of offices to be filled, the returning officer must declare the relevant candidates elected.
(4) However, if the same person is a candidate for election as the principal member, and as an ordinary member, of the council, the returning officer is not to declare the candidate elected as an ordinary member of the council unless and until it is clear that the candidate has failed to secure election as the principal member of the council.
(4A) As soon as practicable after the returning officer makes the declaration under subregulation (3), public notice of the declaration must be given.
(5) In subregulation (1):
appropriate time means:
(a) 3 pm on the day following nomination day; or
(b) some other time (not earlier than 12 noon on nomination day and not later than 6 pm on the third day after nomination day) fixed by the returning officer and notified to all persons nominated as candidates for election.
10A Lodgement of candidate statement
(1) This regulation applies if a candidate for a mandatory postal vote election wishes to lodge a candidate statement.
(2) The candidate statement must include only the following:
(a) a statement of 150 words or less;
(b) a photograph of the candidate that complies with the requirements applicable to photographs of candidates for election under section 32(1)(f) of the Electoral Act 2004.
(3) The candidate statement must not include:
(a) a reference to another candidate in the mandatory postal vote election, unless that other candidate has consented in writing to the reference; or
(b) a claim of endorsement or support from a party, organisation or person unless the organisation or person has consented in writing to the claim being included.
(4) The following documents must be lodged before 12 noon on the second day after the determination day:
(a) the candidate's candidate statement;
(b) a signed declaration declaring the matters mentioned in subregulation (5);
(c) if the documents are lodged by a person authorised in writing to do so by the candidate – the authorisation.
(5) The declaration to be lodged must state that the candidate declares the following:
(a) that the candidate statement is true and correct;
(b) that the candidate statement does not contain a defamatory statement;
(c) that the candidate statement does not contain material that may mislead or deceive a voter in the casting of a vote;
(d) that the candidate understands that the candidate is liable to be prosecuted if the candidate statement contains:
(i) a defamatory statement; or
(ii) material that may mislead or deceive a voter in the casting of a vote.
(6) The lodgement of the documents under subregulation (4) must be done:
(a) only by the candidate, or a person authorised in writing to do so by the candidate; and
(b) in both of the following ways:
(i) hand delivery of the documents to an authorised officer at an office of the returning officer or another place approved by the returning officer;
(ii) electronic means approved by the returning officer.
(7) The returning officer must reject a candidate statement if the returning officer is of the opinion that one or more of the following applies:
(a) the candidate statement does not meet the requirements of subregulation (2) or (3);
(b) the candidate statement contains offensive or obscene material.
(8) The returning officer may reject a candidate statement if the returning officer is of the opinion that the candidate statement may not meet the requirements of these Regulations.
(9) A rejection under subregulation (7) or (8) must be made in writing before 12 noon on the third day after the determination day and must contain the following:
(a) a statement of the reason for the rejection;
(b) a statement of which part of the candidate statement requires amendment;
(c) a statement that the candidate may lodge an amended candidate statement before 12 noon on the fourth day after the determination day.
(10) If a candidate statement is rejected under subregulation (7) or (8):
(a) a candidate who wishes to lodge an amended candidate statement may do so, but only if it is lodged before 12 noon on the fourth day after the determination day by the candidate, or a person authorised in writing by the candidate; and
(b) subject to paragraph (c), these Regulations apply (with the necessary changes) to the amended candidate statement as if it were a candidate statement lodged under this regulation; and
(c) if the amended candidate statement is also rejected under subregulation (7) or (8) – the candidate cannot lodge a candidate statement.
(11) In this regulation:
determination day, in relation to a mandatory postal vote election, means the day on which the returning officer determines the order of the candidates' names on the ballot paper for the election under regulation 10(1).
10B Lodgement of indication of preferences
(1) This regulation applies if a candidate for a mandatory postal vote election wishes to lodge an indication of preferences.
(2) The indication of preferences must:
(a) be substantially in the form of a ballot paper; and
(b) contain the name of each duly nominated candidate for the election, in the order determined under regulation 10(1);
(c) contain the following in the candidate squares for the candidates in the mandatory postal vote election:
(i) in the candidate square for the candidate of the particular candidate's first preference, the number "1";
(ii) in each other candidate square, a whole number, starting at the number "2" and consecutively increasing in the order of the particular candidate's preferences.
(3) The following documents must be lodged before 12 noon on the second day after the determination day:
(a) the indication of preferences;
(b) if the indication of preferences is lodged by a person authorised in writing to do so by the candidate – the authorisation.
(4) The lodgement of the documents under subregulation (3) must be done:
(a) only by the candidate, or a person authorised in writing to do so by the candidate; and
(b) in both of the following ways:
(i) hand delivery of the documents to an authorised officer at an office of the returning officer or another place approved by the returning officer;
(ii) electronic means approved by the returning officer.
(5) The returning officer must reject an indication of preferences if the returning officer is of the opinion that the indication of preferences does not meet the requirements of these Regulations.
(6) A rejection under subregulation (5) must be made in writing before 12 noon on the third day after the determination day and must contain the following:
(a) a statement of the reason for the rejection;
(b) a statement of which part of the indication of preferences requires amendment;
(c) a statement that the candidate may lodge an amended indication of preferences before 12 noon on the fourth day after the determination day.
(7) If an indication of preferences is rejected under subregulation (5):
(a) a candidate who wishes to lodge an amended indication of preferences may do so, but only if it is lodged before 12 noon on the fourth day after the determination day, by the candidate or a person authorised in writing by the candidate; and
(b) subject to paragraph (c), these Regulations apply (with the necessary changes) to the amended indication of preferences as if it were an indication of preferences lodged under this regulation; and
(c) if the amended indication of preferences is also rejected under subregulation (5) – the candidate cannot lodge an indication of preferences.
(8) In this regulation:
determination day, see regulation 10A(11).
The electoral roll closes:
(a) for a general election – at 5 pm on the 32nd day before polling day; or
(b) for a by-election:
(i) if the returning officer is the Electoral Commissioner – a day as decided by the Electoral Commissioner; or
(ii) otherwise – at 5 pm on the 32nd day before polling day.
(1) A ballot paper must be in an approved form.
(2) A ballot paper must have:
(a) the name of each candidate for election to the relevant office; and
(b) a photograph of each candidate adjacent to the candidate's name on the ballot paper; and
(c) a candidate square printed adjacent to the candidate's photograph.
(3) The order in which the names of candidates appear on the ballot paper is to be as determined under regulation 10.
Note for subregulation (3)
Under regulation 10, the returning officer is to determine the order of candidates' names on the ballot paper by lot.
(4) A candidate's name will appear on the ballot paper in an abbreviated form if that form of the name:
(a) is in accordance with a preference expressed by the candidate on the nomination form; and
(b) is not a nickname.
Division
4 Administrative arrangements
The returning officer must make appropriate administrative arrangements for the conduct of an election.
(1) The returning officer may:
(a) appoint a specified place to be a polling place for an election; or
(b) appoint a specified polling place to be an early voting centre for an election; or
(ba) appoint a specified polling place to be an absentee voting centre for an election; or
(c) appoint a specified place to be a scrutiny centre for an election.
(2) A part of licensed premises may be appointed as a polling place only if the returning officer is satisfied that, during the polling period:
(a) liquor will not be available for sale or consumption on that part of the premises; and
(b) the polling place will be segregated from the part of the premises where liquor will be available for sale or consumption; and
(c) access to the polling place will not involve passing through a part of the premises where liquor will be available for sale or consumption.
(3) The returning officer must ensure that each polling place is properly equipped with:
(a) separate voting compartments constructed to screen voters from observation while marking ballot papers; and
(b) ballot boxes capable of being securely sealed; and
(c) the relevant electoral roll, ballot papers and other documents and stationery.
(4) Public notice of the following, in relation to an election, must be given:
(a) each early voting centre and the polling period for each centre;
(b) each absentee voting centre and the polling period for each centre;
(c) the location of each mobile polling place, and the polling period at each location;
(d) each polling place (other than a mobile polling place) and the polling period on polling day.
(1) A candidate for election may appoint a scrutineer to represent the candidate during the polling or scrutiny (or both).
(2) The appointment is made by giving written notice in the approved form of the appointment to:
(a) the returning officer; or
(b) the authorised officer in charge of the polling place or the scrutiny centre.
(1) A scrutineer is entitled to be present at a polling place while the polling place is open for polling (but not more than 1 scrutineer representing the same candidate may be present at the same time at a particular polling place).
(2) A scrutineer is entitled to be present at a scrutiny centre while the scrutiny and counting of ballot papers is conducted at the centre (but not more than 1 scrutineer representing the same candidate may be present at the same time at the scrutiny centre unless there is more than 1 counting table at the scrutiny centre, in which case there may be 1 scrutineer for each table).
(3) A scrutineer is entitled to observe the process of scrutiny and counting of ballot papers.
Note
If votes are counted by computer, this means that the scrutineer must be allowed to observe the operation of the computer equipment and the progress of the count as indicated by that equipment.
Division
1 Entitlement to vote and other preliminary matters
(1) An elector for a local government area is entitled to vote at an election for the relevant council as follows:
(a) if the council's principal member is to be elected at the election – the elector is entitled to cast 1 vote for the election of the principal member;
(b) if the local government area is divided into wards – the elector is entitled to cast 1 vote for the election of ordinary members representing the ward for which the elector is (or should have been) enrolled;
(c) if the local government area is not divided into wards – the elector is entitled to cast 1 vote for the election of ordinary members representing the council area as a whole.
(2) The inclusion of the name of a person on an electoral roll as an elector for a local government area or ward is conclusive evidence that the person is entitled to vote at an election for the electorate comprising the local government area or ward.
(3) The omission of the name of a person from an electoral roll, or any other error, omission or misdescription does not disqualify the person from voting.
(1) A person's vote on a ballot paper must be marked in accordance with subregulation (2).
(2) The person must:
(a) place the number "1" in the candidate square for the candidate of the person's first preference; and
(b) place consecutively increasing whole numbers in the candidate squares for the other candidates in the order of the person's preferences until a number is placed in all candidate squares.
Note for regulation 18
See regulation 45(3) to (3B).
The voter's question to be put to a person who claims to vote at an election is as follows:
Is this the first time you have voted at this election?.
Division
2 Ordinary voting at polling place
(1) If a person attends before an authorised officer at a polling place during the polling period on polling day and claims to vote at an election, the officer must issue a ballot paper to the person if:
(a) the person states the person's full name and address; and
(b) the officer is satisfied the electoral roll:
(i) includes the person's name and address (or indicates that the person's address is suppressed); and
(ii) has not been marked to indicate a ballot paper has already been issued to the person; and
(c) the person answers the voter's question in the affirmative.
(2) The authorised officer must, immediately before issuing the ballot paper to the person:
(a) place a mark against the voter's name on the electoral roll; and
(b) initial the ballot paper.
(1) On receipt of the ballot paper, the person must, without delay:
(a) go to an unoccupied voting compartment at the polling place; and
(b) there, in private, mark his or her vote on the ballot paper; and
(c) fold the ballot paper to conceal the vote and, without unfolding it, place it in a ballot box at the polling place; and
(d) leave the polling place.
(2) This regulation has effect subject to the provisions for assistance to voters who are unable to vote without assistance.
A person may vote under this Division as follows:
(a) a person who wishes to vote before polling day under this Division at an early voting centre may do so;
(b) a person who is outside the local government area on polling day may exercise an absentee vote under this Division at an absentee voting centre;
(c) a person who claims to be entitled to vote but whose name does not appear on the relevant electoral roll may vote under this Division;
(d) a person who claims to be entitled to vote but whose name has been marked on the relevant electoral roll as having already voted may vote under this Division.
(1) If a person attends before an authorised officer at a polling place during the polling period and claims to vote at an election, the officer must issue a ballot paper to the person if:
(a) the person states the person's full name and address; and
(b) for a person mentioned in regulation 22(a) or (b) – the person declares to the officer that the person is in the situation mentioned in that regulation; and
(c) for a person mentioned in regulation 22(c) or (d) – the person:
(i) completes and signs, in the presence of the officer, a declaration in the approved form about the person being in the situation mentioned in that regulation; and
(ii) the officer signs the declaration as a witness.
(2) The authorised officer must:
(a) immediately before issuing the declaration ballot paper to the person, initial the ballot paper; and
(b) immediately after issuing the declaration ballot paper to the person:
(i) for a person mentioned in regulation 22(a) or (b) – mark the electoral roll to indicate the issue of the paper to the person; or
(ii) for a person mentioned in regulation 22(c) or (d) – make a record of the issue of the paper to the person.
(1) Subject to provisions for assistance to voters who are not able to vote without assistance, this regulation prescribes the requirements for casting a declaration vote under this Division.
(1A) For a person mentioned in regulation 22(a) who is voting at a polling place within the region for which the person is enrolled, after a declaration ballot paper is issued to the person, the person must:
(a) go to an unoccupied voting compartment at the polling place, and there, in private:
(i) mark his or her vote on the ballot paper; and
(ii) fold the ballot paper to conceal the vote; and
(iii) place the ballot paper in a ballot box at the polling place; and
(b) leave the polling place.
(1B) For a person mentioned in regulation 22(a) who is voting at a polling place outside the region for which the person is enrolled, or a person mentioned in regulation 22(b), after a declaration ballot paper is issued to the person:
(a) the person must go to an unoccupied voting compartment at the polling place, and there, in private:
(i) mark his or her vote on the ballot paper; and
(ii) fold the ballot paper to conceal the vote; and
(iii) give the ballot paper to an authorised officer at the polling place; and
(b) the officer must, in the presence of the person:
(i) without unfolding the ballot paper, place it in an envelope and seal the envelope; and
(ii) mark on the envelope the name of the area or ward for which the person is enrolled and the polling place at which the ballot paper is issued; and
(iii) place the envelope in a ballot box at the polling place; and
(c) the person must then leave the polling place.
(2) For a person mentioned in regulation 22(c) or (d), after the issue of a declaration ballot paper to the person:
(a) the person must go to an unoccupied voting compartment at the polling place and there, in private:
(i) mark his or her vote on the ballot paper; and
(ii) fold the ballot paper to conceal the vote; and
(b) the person must return the folded ballot paper to the authorised officer who issued it; and
(c) the officer must, in the presence of the person, without unfolding the ballot paper, place it in the envelope on which the declaration appears, seal the envelope and place it in a ballot box at the polling place; and
(d) the person must then leave the polling place.
Subdivision 1 Application for postal voting papers
(1) An elector who wishes to apply for postal voting papers for an election, other than a mandatory postal vote election, must make an application to the returning officer for the election, in the approved form:
(a) if the election is a general election – within the period that starts 3 months before the polling day for the election; or
(b) otherwise – after the invitation for nominations of candidates has been made under regulation 6.
(2) A person may make an application to the returning officer for a mandatory postal vote election to be an elector in the election, and for postal voting papers to be issued to the person, if:
(a) the person claims to be entitled to vote in the election; and
(b) the person's name does not appear on the relevant electoral roll; and
(c) the person makes the application:
(i) in the approved form; and
(ii) after the electoral roll closes under regulation 11; and
(iii) before polling day for the election.
(3) The following persons are taken to have applied for postal voting papers for an election:
(a) an elector who is registered as a postal voter under the Electoral Act 2004;
(b) an elector in a mandatory postal vote election whose name appears on the relevant electoral roll.
(1) An authorised officer must issue, or issue and send, postal voting papers to an applicant in accordance with subregulation (1A).
(1A) Postal voting papers must be issued, or issued and sent, as follows:
(a) the authorised officer must issue the postal voting papers directly to an applicant for postal voting papers for a mandatory postal vote election if:
(i) the applicant applies for the postal voting papers in person under regulation 26(2) or 27A; and
(ii) the application is not made before the day mentioned in subregulation (2A);
(b) the authorised officer must issue and send the postal voting papers to each other applicant who applies (or is taken to have applied) for postal voting papers under regulation 26 or 27A.
Note for subregulation (1A)
Since an applicant under regulation 26(2) or 27A for postal voting papers in a mandatory postal vote election may apply in person for postal voting papers, the authorised officer may issue or issue and send the postal voting papers to the applicant, depending on the method and timing of the application.
(1B) An authorised officer may issue postal voting papers directly to an applicant if:
(a) the application is made under regulation 26(2) or 27A before the day mentioned in subregulation (2A); and
(b) the authorised officer has the postal voting papers available.
(1C) The postal vote certificate printed on the envelope that is issued, or issued and sent, to an applicant under subregulation (1A) or (1B) must contain the following:
(a) if the person applied for the postal voting papers under regulation 26(2) or replacement postal voting papers under regulation 27A:
(i) the person's name;
(ii) a space for the signature of the person;
(iii) a space for the name of the witness;
(iv) a space for the signature of the witness certifying that the matters in the certificate are true and correct;
(v) a space for inserting the date and time when the witness signs the certificate;
(vi) a space for inserting the date when the envelope bearing the certificate is received by the authorised officer;
(vii) a space for inserting the person's address;
(viii) a space for inserting the person's date of birth;
(ix) a space for inserting the basis on which the person claims to be entitled to vote in the mandatory postal vote election;
(b) otherwise – the matters mentioned in paragraph (a)(i) to (vi).
(2) Subject to subregulations (2A) to (5), postal voting papers must be issued, or issued and sent, as soon as practicable after the order of candidates' names on the ballot paper is determined or, if applicable, the receipt of the application (whichever is the later).
(2A) Postal voting papers must be issued and sent not later than the day that is 15 days before polling day for a mandatory postal vote election, unless the person to whom they are to be sent has made an application under regulation 26(2) or 27A.
(3) An authorised officer must not send postal voting papers to an applicant who did not apply in person for the postal voting papers if:
(a) the application is received after 6 pm on the fourth day before polling day and the address to which the postal voting papers are to be sent is outside Australia; or
(b) the application is received after 6 pm on the second day before polling day and the address to which the postal voting papers are to be sent is within Australia.
(4) However, an authorised officer may send postal voting papers to the applicant whose application is received later than the time mentioned in subregulation (3)(a) or (b) if the officer considers doing so is appropriate, having regard to:
(a) the special circumstances of the applicant; and
(b) the need to allow sufficient time for the papers to be completed by the applicant by 6 pm on polling day; and
(c) any other matters the officer considers relevant.
(5) An authorised officer may issue postal voting papers to a person who applies for postal voting papers in person under regulation 26(2) or 27A, but only if the application is made by 6 pm on the day that the returning officer has fixed as the polling day.
27A Application for replacement postal voting papers
(1) A person who claims to be entitled to vote in a mandatory postal vote election may apply to the returning officer, in the approved form, for replacement postal voting papers, if the person claims that:
(a) the person has not received postal voting papers, and the person's address stated in the application:
(i) is not the address that has previously been associated with the person, either on the electoral roll or in the application under regulation 26(2); and
(ii) is an address within the area of the mandatory postal vote election; or
(b) the person is not a person mentioned in paragraph (a) but has nevertheless not received postal voting papers; or
(c) postal voting papers have been issued, or issued and sent, to the person and the papers have been lost, damaged or destroyed.
(2) A person may apply, in the approved form, to the returning officer for an election, other than a mandatory postal vote election, for replacement postal voting papers, if the person claims that:
(a) postal voting papers have been issued, or issued and sent, to the person; and
(b) the papers have been lost, damaged or destroyed.
(3) When the application has been received by the returning officer:
(a) an authorised officer must make a notation, on the postal vote certificate, that the postal voting papers (the replacement postal voting papers) are issued in replacement of other postal voting papers; and
(b) the authorised officer must issue, or issue and send, the replacement postal voting papers to the applicant; and
(c) these Regulations apply in relation to the replacement postal voting papers as if they were the postal voting papers being replaced.
An authorised officer must:
(a) carry out the following procedures with regard to the issue of postal voting papers other than those for a mandatory postal vote election:
(i) number in consecutive order all applications for postal voting papers received by the officer;
(ii) endorse each application with the date of issue of the postal voting papers;
(iii) number each postal vote certificate issued by the officer with the number corresponding to the number on the application;
(iv) initial the ballot paper issued by the officer;
(v) record the issue of the postal voting papers to the person on the electoral roll; or
(aa) carry out the following procedures in relation to the issue of postal voting papers for a mandatory postal vote election:
(i) initial the ballot paper issued by the officer;
(ii) if postal voting papers were issued, or issued and sent, to a person mentioned in regulation 26(3)(b) or 27A:
(A) number the postal vote certificate with the number (if any) for the person on the electoral roll; and
(B) record the issue of the postal voting papers, or replacement postal voting papers, to the person on the electoral roll; or
(b) follow other procedures approved as an alternative by the Electoral Commissioner under regulation 64.
The returning officer must keep the applications and make them available for public inspection for 14 days from and including the fourth day after the declaration of the results of the election.
Subdivision 2 Casting postal vote
(1) An elector to whom postal voting papers have been issued casts a postal vote in accordance with the following provisions.
(2) The elector must show the elector's unmarked postal voting papers to an authorised witness.
(3) The elector must, in the presence of the witness, sign his or her name on the postal vote certificate.
(4) The witness must:
(a) sign his or her name on the postal vote certificate; and
(b) insert the date and time.
(5) The elector must, in the presence of the witness but so that the witness cannot see the vote:
(a) mark his or her vote on the ballot paper; and
(b) fold the ballot paper and place it in the envelope bearing the postal vote certificate and seal the envelope.
(6) However, if the elector is unable to vote without assistance, the witness must:
(a) mark the elector's ballot paper in accordance with the elector's instructions; and
(b) fold the ballot paper and place it in the envelope bearing the postal vote certificate and seal the envelope.
(8) As soon as practicable after the envelope is sealed, the elector, or the person to whom the elector has entrusted the envelope for posting or delivery, must post or deliver the sealed envelope to the returning officer.
This Division provides for the casting of ordinary votes and declaration votes by electors at a mobile polling place during the mobile polling period for the election.
(1) The returning officer may, in writing, declare a specified place to be a mobile polling place for an election (other than a mandatory postal vote election) where votes may be taken by an authorised officer during a specified period (the mobile polling period).
(2) The declaration may specify:
(a) classes of electors who may vote at the mobile polling place; and
(b) dates and hours during which votes may be cast at the place during the mobile polling period.
(3) In making the declaration, the returning officer must have regard to the following:
(a) whether or not there is a distinct community of electors who may be served by the mobile polling place;
(b) the practicality for those electors to attend another polling place for the election;
(c) the practicality of establishing the mobile polling place for those electors, having regard to their number and resources required for doing so.
(4) If the declaration specifies a class of electors, only a person in that class may vote at the mobile polling place.
(5) The returning officer must:
(a) give notice to the public of the declaration that is reasonable and practicable in the circumstances; and
(b) as far as practicable, notify the community or electors to be served by the mobile polling place in a way that is reasonable in the circumstances.
(1) The returning officer may substitute another polling place for the mobile polling place or change the dates or hours specified for the place if satisfied there are special circumstances requiring the substitution or change.
(2) The returning officer must give notice to the public of the substitution or change that is reasonable and practicable in the circumstances.
At least 2 officers must be present at a mobile polling place when the place is open for polling.
Voting is to take place at a mobile polling place in the same way as at a polling place on polling day.
(1) The authorised officer in charge of a mobile polling place must keep ballot boxes containing ballot papers in proper custody and must ensure that, when they are not in use, they are properly secured.
(2) At the conclusion of mobile polling, the authorised officer must send the ballot boxes to the Electoral Commissioner for safe custody, or make other provision as directed by the Electoral Commissioner for the safe custody of the ballot boxes, pending the scrutiny.
On polling day:
(a) the poll must open at the start of the polling period and close when all electors present in the polling place at the end of the polling period and desiring to vote have voted; and
(b) the polling place must be closed at the end of the polling period and no person is to be admitted after that time for voting.
(1) A voter who is unable to vote may be assisted in voting if the voter would otherwise be unable to vote.
(2) An assistant must be:
(a) if the voter is a postal voter – an authorised witness; or
(b) if paragraph (a) does not apply – a nominee of the voter or, if there is no nominee, an authorised officer.
(3) An assistant may enter a voting compartment to assist a voter to vote, but an authorised officer must not do so except in the presence of:
(a) a scrutineer; or
(b) if no scrutineer is present – another authorised officer.
(4) An assistant may assist a voter in any of the following ways:
(a) by acting as an interpreter;
(b) for a declaration vote – by completing, or assisting the voter to complete, the declaration;
(c) by explaining the ballot paper and the requirements of these regulations relating to its marking;
(d) by marking, or assisting the voter to mark, the ballot paper at the voter's direction;
(e) by folding the ballot paper and placing it in a ballot box or declaration envelope, or giving it to an authorised officer, as required by these regulations.
(1) This regulation applies if the authorised officer in charge of a polling place is satisfied a voter cannot enter the polling place because of a physical disability, illness, advanced pregnancy or another condition.
(2) The voter may vote outside the polling place, but close to the polling place, and may be assisted in voting.
(3) Before allowing the voter to vote outside the polling place, the authorised officer must:
(a) tell any scrutineers at the polling place that the voter is to vote outside the polling place; and
(b) allow 1 scrutineer for each candidate to be present when the voter votes.
(4) The voter must:
(a) mark his or her vote on the ballot paper in the presence of the authorised officer; and
(b) fold the ballot paper to conceal the names of the candidates; and
(c) give the ballot paper to the authorised officer.
(5) The voter must be allowed to mark his or her vote on the ballot paper in private.
(6) If the voter is casting an ordinary vote, the authorised officer must ensure the folded ballot paper is placed in the ballot box at the polling place in the presence of any scrutineers who were present when the voter voted.
(7) If the voter is casting a declaration vote, the authorised officer must:
(a) in the presence of the voter, without unfolding the ballot paper, place the ballot paper in the declaration envelope and seal the envelope; and
(b) place the envelope in a ballot box at the polling place.
(1) Subregulation (2) applies if an authorised officer at a polling place:
(a) is satisfied a ballot paper given to the officer by a person has been spoilt by mistake or accident; or
(b) finds a ballot paper discarded at the polling place.
(2) The authorised officer must:
(a) cancel the ballot paper by writing "spoilt" or "discarded" on it; and
(b) place the ballot paper in an envelope, seal the envelope and endorse the envelope with a statement of its contents; and
(c) for a spoilt ballot paper – issue to the person an unused ballot paper.
(3) As soon as practicable after the close of polling, the authorised officer must place all envelopes mentioned in subregulation (2)(b) with unused ballot papers.
(1) At the close of polling, the authorised officer in charge of a polling place must, in the presence of any scrutineers:
(a) close and seal the ballot boxes containing ballot papers for ordinary voting or declaration voting; and
(b) parcel and seal all unused ballot papers; and
(c) parcel and seal all other electoral papers used at the polling place (including spoilt and discarded ballot papers).
(2) The authorised officer must send the ballot boxes and papers mentioned in subregulation (1) to the returning officer for the election for scrutiny.
(3) However, subregulations (1)(a) and (2) do not apply to ballot boxes if the polling place is a scrutiny centre and scrutiny of the poll is to proceed immediately after the close of polling at the polling place.
(1) An authorised officer in charge of a polling place may adjourn polling at the place on polling day if because of riot, violence, fire, storm, flood or another similar event it is not practicable to proceed with polling.
(2) If the authorised officer is not the returning officer for the election, the authorised officer must immediately notify the returning officer of an adjournment under subregulation (1).
(3) The returning officer must decide a day (as soon as practicable, and no later than 21 days, after the adjournment) as the day when polling is to resume if the returning officer believes it is not reasonably practicable for an elector affected by the adjournment to cast a vote at another polling place.
(4) If it is impracticable to resume the polling at the same polling place, the returning officer must decide the polling place where polling may be resumed.
(5) The returning officer must, as soon as practicable, give such notice as is reasonable in the circumstances of the adjournment and any decision under subregulation (3) or (4).
(1) On notice by an employee before a polling day, the employee's employer must allow the employee, without penalty or any disproportionate deduction of pay, to take any necessary leave (not exceeding 2 hours) for the purpose of voting.
(2) However, subregulation (1) does not apply if the employee's absence may cause danger or substantial loss.
(3) An employee must not seek leave from an employer under subregulation (1) unless the employee genuinely intends to vote during the leave.
Fault element: An intention to deceive.
Maximum penalty: 5 penalty units.
(1) The result of polling at an election must be determined by scrutiny in accordance with this Part.
(2) Proceedings at the scrutiny must be open to the inspection of scrutineers and other persons approved by the returning officer.
(3) The returning officer may from time to time adjourn the scrutiny.
Division
2 Formality of ballot papers and related matters
(1) A ballot paper is informal:
(a) unless it is:
(i) printed by a printer authorised by the returning officer to print ballot papers for the election; or
(ii) created for the election by an authorised officer and initialled by an authorised officer; or
(b) unless it is marked with a vote clearly indicating the order of the voter's preference for all candidates; or
(c) if an authorised officer is satisfied the voter can be identified because of a mark or other writing on it.
(2) For subregulation (1)(b), a voter is taken to have indicated the voter’s order of preferences for all the candidates on a ballot paper in the circumstances mentioned in subregulation (3), (3A) or (3B).
(3) If there are only 2 candidates and the voter placed a mark in one candidate square and either placed a "2" in the remaining candidate square or left it blank:
(a) the candidate whose candidate square is marked is the voter's first preference; and
(b) the other candidate is the voter's last preference.
(3A) If there are 3 or more candidates and the voter placed a mark in one candidate square and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares:
(a) the candidate whose candidate square is marked is the voter's first preference; and
(b) the number placed in each other candidate square indicates the voter's order of preference for the remaining candidates.
(3B) If there are 3 or more candidates and the voter placed a mark in one candidate square, left one candidate square blank and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares:
(a) the candidate whose candidate square is marked is the voter's first preference; and
(b) the candidate whose candidate square is left blank is the voter's last preference; and
(c) the number placed in each other candidate square indicates the voter's order of preferences between the first and last preference.
(4) A ballot paper is not informal merely because of some other error or misdescription unless an authorised officer is satisfied that the error or misdescription is likely to have misled the voter, thus causing the vote to miscarry.
Note for subregulation (4)
It follows that if a candidate's name appears on a ballot paper in an incomplete form, or is misspelled, the ballot paper would not be informal unless an authorised officer were satisfied that the deficiency or error is likely to have caused doubt or confusion about the identity of the candidate.
(5) Subject to this regulation, a ballot paper must be given effect according to the voter's intention so far as the voter's intention is clear.
(6) In this regulation:
mark means a single "1", tick, cross or any other writing or mark that indicates the voter's intention.
(1) Postal voting papers must not be accepted for scrutiny unless the envelope bearing the postal vote certificate is received by the returning officer before 12 noon on the sixth day after polling day.
(2) A declaration ballot paper must not be accepted for scrutiny:
(a) if it is a declaration ballot paper issued under regulation 27 after an application made under regulation 26(2) or issued under regulation 23 and cast under regulation 24(1B) or (2) – if it is not received for scrutiny in a sealed envelope; and
(b) if it is a declaration ballot paper issued under regulation 27 after an application made under regulation 26(2) or issued under regulation 23 and cast under regulation 24(2) – if the elector's declaration on the envelope is also not signed and witnessed as required under these Regulations.
An authorised officer responsible for the scrutiny must:
(a) examine each ballot paper (except those not accepted for scrutiny) to determine whether it is formal; and
(b) set aside all informal ballot papers, count them and place them in a parcel.
(1) A candidate's scrutineer may object to the admission or rejection of a ballot paper as a formal ballot paper.
(2) The objection must be made to an authorised officer conducting the scrutiny.
(3) The authorised officer must decide the objection by admitting or rejecting the ballot paper the subject of the objection as a formal ballot paper and must mark the ballot paper "admitted" or "rejected" according to the decision.
(1) An authorised officer must examine each unopened envelope containing a declaration ballot paper.
(2) If it appears from the declaration that the envelope contains an absentee vote for an election for another local government area (or a ward of another local government area), the authorised officer must send the unopened envelope to an authorised officer for the relevant area so that that authorised officer may determine whether the vote should be admitted to the count.
(3) If the declaration envelope is not for an absentee vote and the returning officer is satisfied that:
(a) the declaration on the envelope is properly signed and witnessed; and
(b) the person who made the declaration is entitled to vote and:
(i) the person does not appear to have voted more than once at the election; or
(ii) in the case of a person marked as having already voted – there is a reasonable possibility that the mark was inserted in error;
the authorised officer must admit the envelope to the scrutiny.
(4) When the authorised officer admits a declaration envelope to the scrutiny, the authorised officer must:
(a) record the fact that the voter has voted by placing a mark against the voter's name on an electoral roll or in some other appropriate way; and
(b) take the ballot paper out of the envelope; and
(c) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (b).
(5) If the authorised officer is not satisfied of the matters mentioned in subregulation (2), the officer must:
(a) exclude the ballot paper from further scrutiny without opening the envelope in which it is contained; and
(b) place the unopened envelopes in a parcel.
(6) The authorised officer must seal the parcels mentioned in subregulations (4)(c) and (5)(b) and endorse on each parcel a statement of its contents.
(7) A candidate's scrutineer may sign a sealed parcel.
On receipt of postal voting papers, an authorised officer must:
(a) note on the elector's postal vote certificate the date and time of receipt; and
(b) place the postal voting papers in a secure receptacle.
(1) The following provisions apply to the scrutiny of postal voting papers.
(2) An authorised officer must reject postal voting papers if the authorised officer is satisfied that:
(a) the postal voting papers were witnessed after 6 pm on polling day; or
(b) the postal voting papers were received after 12 noon on the 6th day after polling day.
(3) If postal voting papers are not rejected under subregulation (2), the authorised officer must, unless the election is a mandatory postal vote election, compare the signature of the elector on the elector's postal vote certificate with the signature of the elector on the elector's application for postal voting papers or for registration under the Electoral Act 2004 as a postal voter.
(4) Subject to subregulation (4A), the authorised officer must admit a postal ballot paper for scrutiny if satisfied that:
(a) the elector's signature on the postal vote certificate purports to be witnessed by an authorised witness; and
(b) one of the following applies:
(i) the election is not a mandatory postal vote election and the signature is that of the elector who signed the application;
(ii) the election is a mandatory postal vote election, the postal voting papers were issued to a person other than a person who applied for postal voting papers under regulation 26(2) and the number on the postal vote certificate corresponds with the number of the person on the electoral roll.
(4A) If replacement postal voting papers have been issued, or issued and sent, to an elector and the authorised officer receives both the replacement postal voting papers and the other voting papers replaced by the replacement postal voting papers, the authorised officer must admit only the replacement postal ballot paper for scrutiny.
(5) When the authorised officer admits for scrutiny a postal ballot paper issued or issued and sent to an elector, other than an elector who applied for postal voting papers under regulation 26(2), the authorised officer must:
(a) place a mark against the voter's name on the electoral roll; and
(b) take the ballot paper out of the envelope and, without unfolding it, place it in a ballot box; and
(c) place the envelope in a parcel with all other envelopes from which ballot papers have been taken under paragraph (b).
(6) If the authorised officer rejects postal voting papers under subregulation (2), the officer must mark the unopened envelope with the word "rejected" before placing it in a parcel of rejected postal voting papers.
Division
5 Determining and declaring result of election
As soon as practicable after the close of poll for an electorate, an authorised officer must, in accordance with this Division and Schedule 1:
(a) continue the scrutiny of all formal ballot papers for the electorate; and
(b) proceed to determine the result of the election for the electorate.
Note for regulation 52
Under Schedule 1, clause 4, an authorised officer may be assisted by any other authorised officers in counting the votes.
(1) If the principal member of a council is to be elected, the authorised officer must determine the result of that election by counting the votes and filling the vacancy in accordance with Schedule 1.
(2) The authorised officer must do so before determining the result of the election of ordinary members of the council.
Note for subregulation (2)
Regulation 54(2) applies in relation to a candidate for an election both as the principal member and as an ordinary member of a council.
(1) If ordinary members of a council are to be elected, the authorised officer must determine the result of the election by counting the votes and filling the vacancies in accordance with Schedule 1.
(2) If a candidate for a position of ordinary member of a council has been elected as the principal member of the council under regulation 53, the authorised officer must determine the result of the election of ordinary members of the council as follows:
(a) a vote indicated on a ballot paper opposite the name of the candidate must be counted to the candidate next in the order of the voter's preference;
(b) the numbers indicating subsequent preferences are taken to have been altered accordingly.
(1) This regulation applies to:
(a) the election of the principal member of a council under regulation 53; or
(b) the election of ordinary members of a council under regulation 54.
(2) If a candidate for an electorate dies before the end of polling day, the result of the election for the electorate must be determined as provided in Schedule 1, clause 18.
(3) If a candidate for an electorate dies after polling day and before the result of the election for the electorate is declared under regulation 56 (the deceased candidate), the result must be determined under Schedule 1 as if the deceased candidate had not died.
(4) If the deceased candidate would have been elected on that determination (the original determination), the result of the election for the electorate must be further determined as follows:
(a) if there is only one unelected candidate remaining on the original determination (including an excluded candidate as defined in Schedule 1), that candidate is to be determined as elected;
(b) otherwise – the votes are to be recounted under Schedule 1 as provided in clause 18 of the Schedule as if the deceased candidate were a candidate who died as mentioned in that clause.
(5) The recount under subregulation (4)(b) must:
(a) not take into account the result of the original determination; and
(b) cease immediately after a candidate, other than a candidate who was determined to be elected on the original determination (a previously elected candidate), is determined to be the earliest elected.
(6) The candidate who is determined as elected under subregulation (4)(a), or determined to be the earliest elected as mentioned in subregulation (5)(b), is to be elected in place of the deceased candidate for the electorate.
(7) Despite the result of the original determination and the recount, each of the previously elected candidates is to be determined to be elected for the electorate.
(8) If more than one candidate has died as mentioned in subregulation (2):
(a) subregulations (2) to (7) operate separately for each death in the order of the deaths; and
(b) if 2 or more deaths occur at the same time – an older person is taken to have died earlier than a younger person.
(1) An authorised officer may, at any time before the declaration of the result of an election, recount all or a particular class of the ballot papers.
(2) The authorised officer may conduct a recount:
(a) on receipt of a written request from a candidate stating the reasons why a recount is sought; or
(b) on the authorised officer's own initiative.
(3) In the course of the recount the authorised officer may reconsider any decision made earlier in the scrutiny relating to the admission or rejection of a ballot paper as a formal ballot paper and may reverse the decision.
(4) However, if:
(a) on an earlier count the question of which of 2 or more candidates with an equal number of votes is to be excluded arose; and
(b) that question was resolved by lot; and
(c) the same question arises on the recount;
the same candidate is to be excluded on the recount.
As soon as practicable after the results of an election have been determined:
(a) public notice must be given of the results of the election and the name of the candidate or candidates returned as elected; and
(b) the returning officer must:
(i) certify the results of the election to the CEO of the council; and
(ii) notify the Minister of the results of the election; and
(c) if the returning officer is not the Electoral Commissioner – the returning officer must notify the Electoral Commissioner and the Chief Executive Officer of the results of the election.
(1) If the Minister is satisfied there is good reason to do so, the Minister may, by Gazette notice, extend or change the time for holding an election, or for taking a step in an election, for an electorate.
(2) Public notice of the extension or change of time must be given.
(1) If an election fails wholly or in part, the returning officer must, as soon as practicable, fix a date for a new election to fill any resulting deficiencies in the membership of the council.
(2) The electoral roll prepared for the failed election must be used for the new election.
(3) For this regulation, an election fails as follows:
(a) it fails wholly if no candidate is elected;
(b) it fails in part if one or more candidates are elected but not as many as required to fill all vacancies that were to be filled at the election.
(1) A person must not claim, or purport, to exercise voting or other rights in relation to an election to which the person is not entitled.
Fault element: Dishonesty.
Maximum penalty: 50 penalty units.
(2) A person must not make a misleading statement to an authorised officer in connection with an election.
Fault element: Dishonesty.
Maximum penalty: 50 penalty units.
A person must not, without proper authority, damage, destroy or interfere with voting papers, or other materials prepared for official use in an election.
Fault element: Intention.
Maximum penalty: 50 penalty units.
(1) A person who assists a person who is unable to vote without assistance must ensure that the assisted person's ballot paper is marked in accordance with the instructions of the assisted person.
Fault element: Knowledge that the vote as recorded does not conform with the instructions.
Maximum penalty: 50 penalty units.
(2) A person who accepts an application for postal voting papers, or completed postal voting papers, for posting or delivery to a returning officer must immediately post or deliver them to the returning officer.
Fault element: This is an offence of strict liability.
Maximum penalty: 50 penalty units.
(1) A person must not canvass for votes within, or within 10 metres of the entrance to, a polling place while the polling place is open for voting.
Fault element: Intention.
Maximum penalty: 50 penalty units.
(2) A person must not wear or display campaign material at a polling place while the polling place is open for voting.
Fault element: Intention.
Maximum penalty: 50 penalty units.
(3) A person (including a scrutineer) must comply with directions given by the authorised officer in charge of a polling place in relation to the person's conduct while at the polling place.
Fault element: Intention.
Maximum penalty: 50 penalty units.
Part 6 Review of
electoral representation
(1) A council carries out an electoral review when it makes or revises an assessment under section 23(2) of the Act of whether the constitutional arrangements presently in force for electoral representation provide the most effective possible representation for the local government area of the council.
(2) In carrying out an electoral review, a council must give proper consideration to the following matters:
(a) community of interests in the local government area including economic, social and regional interests;
(b) types of communication and travel in the local government area with special reference to disabilities arising out of remoteness or distance;
(c) the trend of population changes in the local government area;
(d) the density of population in the local government area;
(e) the physical features of the local government area.
(3) If a local government area is divided into wards, the council must also consider the following matters:
(a) the desirability of the number of electors for each ward being as near to equal as practicable at the next general election;
(b) the desirability of keeping the area of each ward containing rural and remote areas as small as practicable;
(c) the desirability of keeping the demographic and geographic nature of each ward as uniform as practicable;
(d) the desirability of including an identifiable community wholly within 1 ward if practicable.
(4) In carrying out its electoral review, the council must consult with the Electoral Commissioner.
(5) The council should complete its electoral review at least twelve months before the next general election.
(1) The Electoral Commissioner may, in writing, approve the use of a specified electronic or other automated system (approved system) for specified purposes relating to any of the following:
(a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers);
(b) counting and processing of votes;
(c) voting by a specified group of electors (for example, electors in remote locations or interstate or overseas electors);
(d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition.
(2) The Electoral Commissioner must not give the approval unless he or she is satisfied:
(a) as far as practicable, the secrecy of the ballot will be maintained by the approved system; and
(b) the approval is warranted having regard to the practicality of the system and resources required to establish and maintain it; and
(c) the approval is consistent with the Electoral Commissioner's functions under these Regulations; and
(d) the approved system would be supported by secure facilities; and
(e) if subregulation (1)(c) applies – there are exceptional circumstances relating to the specified group of electors.
(3) The Electoral Commissioner must, as soon as practicable after giving the approval, give notice to the public of the approved system that is reasonable and practicable in the circumstances.
(4) If the approval specifies that a thing covered by subregulation (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under the Act or these Regulations, a thing done in accordance with the approval has effect as if that requirement had been met.
(1) The reasonable costs and expenses of conducting an election if the returning officer is the Electoral Commissioner (including the costs and expenses incurred by the Electoral Commissioner) are payable from the funds of the relevant council and may be recovered from the council as a debt.
(2) The reasonable costs and expenses of conducting an election if the returning officer is the Electoral Commissioner are to be determined in accordance with an agreement between the council and the Electoral Commissioner or, if there is no such agreement, by the court in which an action for recovery of the costs and expenses is brought.
(1) No civil or criminal liability attaches to the returning officer or any other authorised officer for an honest act or omission in the performance, or purported performance, of functions related to the conduct of an election.
(2) A civil liability that would, but for this regulation, attach to the returning officer or another authorised officer, attaches instead to the council.
(1) An authorised officer may serve an infringement notice on a person if the officer believes that the person has committed an infringement notice offence.
(2) An infringement notice must contain the following particulars:
(a) the name and address of the alleged offender, if known;
(b) the date of the infringement notice and:
(i) if the offence consists of a failure to vote at an election – the date of the election; or
(ii) in any other case – date, time and place of the alleged offence;
(c) the nature of the offence, the amount of the infringement notice penalty for the offence and a statement that the offence may be expiated by payment of the infringement notice penalty to a person whose name and address are stated in the notice within 28 days of the date of the notice;
(d) a statement that the alleged offender may elect to be charged with, and dealt with by a court for, the alleged offence by completing and returning the relevant part of the notice to a person whose name and address are stated in the notice within 28 days of the date of the notice.
(3) If the infringement notice penalty for an alleged offence is paid under this regulation, the alleged offender is not liable to any further proceedings for the alleged offence unless the infringement notice is withdrawn under subregulation (4).
(4) An authorised officer may withdraw the infringement notice by serving a written notice of withdrawal (accompanied, if the infringement notice penalty has been paid, by the amount of the penalty) within 28 days of the date of the infringement notice.
(5) Service of an infringement notice, or a notice of withdrawal of an infringement notice, is effected:
(a) by serving it personally on the alleged offender; or
(b) by posting it to the alleged offender at his or her last known address; or
(c) by leaving it for the alleged offender at his or her last known place of residence or business with a person who appears to be at least 16 years of age and to be resident or employed there.
(6) The Fines and Penalties (Recovery) Act 2001 applies to an infringement notice issued under this regulation if the amount payable under the infringement notice is not paid within the time specified in the notice.
(7) In this regulation:
infringement notice offence means an offence designated in Schedule 2 as an infringement notice offence.
infringement notice penalty means an amount fixed in Schedule 2 as the infringement notice penalty for an infringement notice offence.
paid – if a cheque is given in purported payment of an infringement notice penalty, the penalty is not paid unless and until the cheque is honoured.
67A Contravention of Part 4, Division 5
A returning officer for an election, other than the Electoral Commissioner, commits an offence if:
(a) the returning officer engages in conduct; and
(b) the result of the conduct is that the results of the election are determined or declared otherwise than in accordance with Part 4, Division 5.
Maximum penalty: 100 penalty units.
67B Contravention of regulations – returning officer
A returning officer for an election, other than the Electoral Commissioner, commits an offence if:
(a) the returning officer engages in conduct; and
(b) the conduct results in a contravention of a regulation, other than a regulation for which another penalty is prescribed.
Maximum penalty: 30 penalty units.
67C Contravention of regulations – authorised officer or employee
(1) A person who is or was a relevant person in relation to an election commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in a contravention of a regulation, other than a regulation for which another penalty is prescribed.
Maximum penalty: 15 penalty units.
(2) It is a defence to a prosecution for an offence against subregulation (1) if the defendant has a reasonable excuse.
(3) In this regulation:
relevant person means:
(a) a person authorised, under regulation 4(1)(b), to be an authorised officer by the returning officer, other than the Electoral Commissioner, for an election; or
(b) an employee of the returning officer, other than the Electoral Commissioner, for an election.
(1) This regulation applies to electoral papers in the possession of the Electoral Commissioner or another returning officer that were used for an election, including postal voting papers that were not delivered and have therefore been returned to the returning officer.
(2) A returning officer, other than the Electoral Commissioner, must:
(a) securely store the electoral papers in the returning officer's possession; and
(b) give the electoral papers to the Electoral Commissioner on the earlier of the following days:
(i) the day on which the returning officer ceases to be a returning officer;
(ii) the day on which the returning officer is first satisfied that the electoral papers are no longer required for exercising a power or performing a function under these Regulations.
(3) Until the Electoral Commissioner is satisfied that electoral papers in the Electoral Commissioner's possession are no longer required for exercising a power or performing a function under these Regulations, the Electoral Commissioner must securely store:
(a) the electoral papers in the Electoral Commissioner's possession as returning officer for an election; and
(b) the electoral papers that came into the Electoral Commissioner's possession under subregulation (2)(b).
(4) The Electoral Commissioner may destroy the electoral papers when they are no longer required to be stored under subregulation (3).
(5) A returning officer for an election, other than the Electoral Commissioner, commits an offence if:
(a) the returning officer engages in conduct; and
(b) the conduct results in electoral papers that were used for the election being damaged or destroyed.
Maximum penalty: 100 penalty units.
(6) A returning officer for an election, other than the Electoral Commissioner, commits an offence if:
(a) the returning officer engages in conduct; and
(c) the conduct results in electoral papers that were used for the election not being given to the Electoral Commissioner as required by subregulation (2)(b).
Maximum penalty: 20 penalty units.
(7) It is a defence to a prosecution for an offence against subregulation (5) or (6) if the defendant has a reasonable excuse.
Part
8 Transitional matters for Electoral and Other Legislation Amendment Act
2011
The amendments to regulation 7 and repeal of regulation 68 made by the Electoral and Other Legislation Amendment Act 2011 do not apply in relation to an election if an invitation for nominations of candidates for the election is made under regulation 6 before the commencement of this regulation.
Schedule 1 Counting of votes and filling of vacancies
regulations 52 to 54A
In this Schedule:
continuing candidate means a candidate not already elected or excluded from a count under this Schedule.
elected, in relation to a candidate, means the candidate is to be elected as determined under this Schedule.
excluded candidate means a candidate who is excluded under clause 8 or 10.
quota means the quota worked out under clause 5(1)(d).
surplus, of an elected candidate, see clause 6(1).
transfer value:
(a) for a transfer of the surplus of an elected candidate – see clause 6(1)(a) (including that clause as affected by clause 7); or
(b) for a transfer of the votes of an excluded candidate – means the transfer value mentioned in clause 8(3) or (5).
A reference to votes of, or obtained or received by, a candidate includes votes obtained or received by the candidate on any transfer under this Schedule.
For this Schedule, each of the following constitutes a separate transfer:
(a) a transfer under clause 6 or 9(2) of the surplus of any elected candidate;
(b) a transfer under clause 8(3) of all first preference votes of an excluded candidate;
(c) a transfer under clause 8(5) of all the votes of an excluded candidate that were transferred from another candidate.
The counting of votes for an electorate must be conducted by an authorised officer (the authorised officer) with the assistance of any other authorised officers, and in the presence of any scrutineers, under this Schedule.
(1) The authorised officer must:
(a) ascertain the number of first preference votes given to each candidate in the electorate; and
(b) ascertain the total number of all first preference votes given in the electorate (the amount A); and
(c) add 1 to the number of candidates required to be elected for the electorate (the amount B); and
(d) determine the quota for each electorate, which is worked out as follows:
(i) divide A by B (disregarding any fraction);
(ii) add 1 to the amount worked out under subparagraph (i).
(2) Any candidate who has received a number of first preference votes equal to or greater than the quota is elected.
(3) For this Schedule, if the total number of all first preference votes given in the electorate is 150 or less, the number of votes of any kind contained in the ballot papers are taken to be the amount worked out by multiplying the number of votes of that kind contained in the ballot papers by 100.
(1) Unless all the vacancies for the electorate have been filled, the number (if any) of votes in excess of the quota (the surplus) of each elected candidate must be transferred to the continuing candidates as follows:
(a) the surplus must be divided by the number of first preference votes received by the elected candidate (the resulting fraction is the transfer value);
(b) the total number of ballot papers of the elected candidate that both express the first preference vote for that candidate and the next available preference for a particular continuing candidate must be multiplied by the transfer value;
(c) the number so obtained (disregarding any fraction) must be added to the number of first preference votes of the continuing candidate and all those ballot papers must be transferred to the continuing candidate.
Note for subclause (1)
Because of clause 7, the transfer value for an elected candidate's surplus is effectively worked out by dividing the surplus by the total number of ballot papers received by the elected candidate, including those expressing votes that are taken to be first preference votes for the elected candidate under clause 7(a).
(2) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any transfer under subclause (1) is elected.
(3) Unless all the vacancies for the electorate have been filled:
(a) the surplus (if any) of any candidate elected under subclause (2), or elected subsequently under this subclause, must be transferred to the continuing candidates in accordance with subclause (1); and
(b) any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer is elected.
Note for subclause (3)
See clause 7.
(4) If a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer of the surplus of a particular elected candidate because of subclause (1) or (3), no votes of any other candidate are to be transferred to the continuing candidate.
For applying clause 6(1) to a transfer of the surplus of an elected candidate because of clause 6(3)(a) or 9(2), each ballot paper of the elected candidate that was obtained on a transfer under this Schedule must be dealt with as if:
(a) any vote it expressed for the elected candidate were a first preference vote; and
(b) any other candidate previously elected or excluded had not been a candidate; and
(c) the subsequent preferences of the voter had been altered accordingly.
(1) This clause applies if no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to or greater than the quota after:
(a) the counting of first preference votes; or
(b) the election of a candidate and the transfer of the surplus (if any) of the elected candidate that are capable of being transferred.
(2) If this clause applies:
(a) the candidate who has the fewest votes must be excluded; and
(b) the excluded candidate's votes and ballot papers must be transferred to the continuing candidates as provided in subclauses (3) to (6).
(3) The total number of first preference votes for the excluded candidate contained in ballot papers that express the next available preference for a particular continuing candidate must be transferred (each first preference vote at a transfer value of one) to the continuing candidate.
(4) The transferred votes must be added to the number of votes of the continuing candidate and all the ballot papers containing those votes must be transferred to the continuing candidate.
(5) The total number (if any) of other votes obtained by the excluded candidate on transfers under this Schedule must be transferred from the excluded candidate in the order of the transfers on which they were obtained (the votes obtained on the earliest transfer being transferred first) as follows:
(a) the total number of ballot papers of the excluded candidate received from a particular candidate that express the next available preference for a particular continuing candidate must be multiplied by the transfer value at which the votes contained in those papers were transferred to the excluded candidate;
(b) the number so obtained (disregarding any fraction) must be added to the number of votes of the continuing candidate;
(c) all those ballot papers must be transferred to the continuing candidate.
(6) However, the total number of ballot papers of the excluded candidate received from all candidates may be amalgamated if:
(a) those ballot papers have the same transfer value; and
(b) the election was for a single vacancy.
(1) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under clause 8 of votes of an excluded candidate is elected.
(2) Unless all the vacancies for the electorate have been filled, the surplus (if any) of the candidate so elected must be transferred in accordance with clause 6.
Note for subclause (2)
See clause 7.
(3) However, if the candidate so elected is elected before all the votes of the excluded candidate have been transferred, the surplus (if any) of the candidate so elected must not be transferred until the remaining votes of the excluded candidate have been transferred as provided in clause 8(3) to (5) to continuing candidates.
(1) If after the exclusion of a candidate and the transfer of the votes (if any) of the excluded candidate that are capable of being transferred, no continuing candidate has received a number of votes greater than the quota:
(a) the continuing candidate who has the fewest votes must be excluded; and
(b) that continuing candidate's votes and ballot papers must be transferred as provided in clause 8(3) to (5).
(2) Subclause (1) has effect subject to clause 12.
(1) This clause applies if a candidate is elected as a result of:
(a) a transfer of the first preference votes of an excluded candidate; or
(b) a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate.
(2) No other votes of the excluded candidate may be transferred to the candidate so elected.
(1) For the last vacancy for which 2 continuing candidates remain, the continuing candidate who has the larger number of votes is elected even if that number is below the quota.
(2) If those candidates have the same number of votes, the candidate with the larger number of votes at the last preceding count or transfer is taken to be elected.
(3) If the number of votes at that count or transfer was equal, the authorised officer must, in the presence of any scrutineers who may be present, draw lots to determine which of the candidates is to be elected.
Despite any other provision in this Schedule, if on the completion of a transfer of votes under this Schedule the number of continuing candidates is equal to the number of remaining unfilled vacancies, those continuing candidates are elected.
(1) For this Schedule, the order of election of candidates must be:
(a) in accordance with the order of the count or transfer as a result of which they were elected; and
(b) on the basis that the candidates (if any) elected on the count of first preference votes are to be the earliest elected.
(2) If 2 or more candidates are elected as a result of the same count or transfer, the order in which they will be taken to have been elected must be:
(a) in accordance with the relative numbers of their votes; and
(b) on the basis that the candidate with the largest number of votes is to be the earliest elected.
(3) However, if 2 or more of those candidates each has the same number of votes, the order in which they are taken to have been elected must be:
(a) in accordance with the relative numbers of their votes at the last count or transfer before their election at which each of them had a different number of votes; and
(b) on the basis that the candidate with the largest number of votes at that count or transfer is to be the earliest elected.
(4) Furthermore, if there has been no such count or transfer, the authorised officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which the candidates are taken to have been elected.
(1) Subject to subclauses (2) to (4), if after any count or transfer under this Schedule, 2 or more candidates each has a surplus, the order of any transfers of those surpluses must be:
(a) in accordance with the relative sizes of the surpluses; and
(b) on the basis that the surplus of the candidate having the largest surplus is to be transferred first.
(2) Subject to subclause (4), if after any count or transfer under this Schedule, 2 or more candidates have equal surpluses, the order of any transfers of those surpluses must be:
(a) in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes; and
(b) on the basis that the surplus of the candidate with the largest number of votes at that count or transfer is to be transferred first.
(3) However, if there has been no such count or transfer, the authorised officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which the surpluses are to be dealt with.
(4) If a candidate obtains a surplus after any count or transfer under this Schedule, the surplus must not be transferred before the transfer of any surplus obtained by any other candidate on an earlier count or transfer.
(1) If the candidate who has the fewest votes is required to be excluded and there are 2 or more candidates each having the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded.
(2) However, if there has been no such count or transfer, the authorised officer must, in the presence of any scrutineers who may be present, draw lots to determine which candidate will be excluded.
(1) If the total number of votes of an elected candidate is equal to the quota, the ballot papers expressing those votes must be set aside as finally dealt with.
(2) For subclause (1), the ballot papers include:
(a) ballot papers expressing first preference votes received by the candidate; and
(b) ballot papers obtained by the candidate on transfers under this Schedule.
If a candidate dies before the end of polling day:
(a) a vote indicated on a ballot paper opposite the name of the candidate must be counted to the candidate next in the order of the voter's preference; and
(b) the numbers indicating subsequent preferences are taken to have been altered accordingly.
Note for clause 18
See regulation 54A.
Schedule 2 Infringement notice offences and infringement notice penalties
regulation 67
|
Local Government Act 2008 –
Infringement notice offences
|
Infringement notice
penalties
|
|
section 90(3) (Failure to vote without reasonable
excuse)
|
$50.00
|
|
section 99(1) (Publication of electoral campaign
material without name of person who authorises publication at end of the
material)
|
$100.00
|
|
section 99(2) (Publication of untrue or misleading
electoral campaign material)
|
$100.00
|
|
Local Government (Electoral) Regulations
2008 – Infringement notice offences
|
|
|
reg 43(3) (Seeking leave from employer without
genuinely intending to vote)
|
$100.00
|
|
reg 59(1) (Dishonest claim etc. to exercise voting
rights)
|
$100.00
|
|
reg 59(2) (Misleading statement to authorised
officer)
|
$100.00
|
|
reg 60 (Interference with electoral
materials)
|
$100.00
|
|
reg 61(1) (Failure of duty to assisted
voter)
|
$100.00
|
|
reg 61(2) (Failure to deal properly with postal
voting papers)
|
$100.00
|
|
reg 62(1) (Unlawful canvassing for
votes)
|
$100.00
|
|
reg 62(2) (Wearing or displaying electoral campaign
material at polling place)
|
$100.00
|
|
reg 62(3) (Non-compliance with
direction)
|
$100.00
|
1 KEY
Key to abbreviations
amd = amended od =
order
app = appendix om =
omitted
bl = by-law pt =
Part
ch = Chapter r =
regulation/rule
cl = clause rem =
remainder
div = Division renum =
renumbered
exp = expires/expired rep
= repealed
f = forms s =
section
Gaz =
Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins =
inserted SL = Subordinate
Legislation
lt = long title sub =
substituted
nc = not commenced
2 LIST OF LEGISLATION
|
Local Government (Electoral) Regulations
(SL No. 24, 2008)
|
|
|
Notified
|
29 August 2008
|
|
Commenced
|
29 August 2008
|
|
Statute Law Revision Act 2009 (Act No. 25,
2009)
|
|
|
Assent date
|
1 September 2009
|
|
Commenced
|
16 September 2009 (Gaz G37, 16 September
2009, p 3)
|
|
Electoral and Other Legislation Amendment Act
2011 (Act No. 40, 2011)
|
|
|
Assent date
|
21 December 2011
|
|
Commenced
|
pts 4, 6 and 7: 1 May 2012; rem: 21 December 2011
(s 2)
|
|
Local Government (Electoral) Amendment
Regulations 2011 (SL No. 50, 2011)
|
|
|
Notified
|
23 November 2011
|
|
Commenced
|
9 January 2012 (r 2)
|
|
Correctional Services (Related and
Consequential Amendments) Act 2014 (Act No. 27, 2014)
|
|
|
Assent date
|
4 September 2014
|
|
Commenced
|
9 September 2014 (Gaz S80, 9 September 2014,
p 2)
|
|
Local Government Legislation Amendment Act
2015 (Act No. 8, 2015)
|
|
|
Assent date
|
23 April 2015
|
|
Commenced
|
pt 4, div 3: nc; rem: 23 April 2015 (s
2)
|
|
Electoral Legislation Amendment Act 2019
(Act No. 11, 2019)
|
|
|
Assent date
|
9 April 2019
|
|
Commenced
|
10 April 2019 (s 2)
|
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 7, 10A, 26, 51, 67 and sch 2.
4 LIST OF AMENDMENTS
r 3 amd Act No. 40, 2011, s 51; No. 50, 2011, r 4; Act No. 40, 2011, ss 72 and 80; Act No. 8, 2015, s 34
r 3A ins Act No. 8, 2015, s 35
r 4 amd No. 50, 2011, r 5; Act No. 40, 2011, s 80; Act No. 8, 2015, s 36
r 5 rep Act No. 40, 2011, s 73
r 5B amd Act No. 27, 2014, s 57
r 6 amd No. 50, 2011, r 14; Act No. 40, 2011, s 74
sub Act No. 8, 2015, s 37
r 7 amd Act No. 40, 2011, s 52; No. 50, 2011, r 14; Act No. 8, 2015, s 38
r 8 amd Act No. 40, 2011, ss 53, 75 and 80; Act No. 8, 2015, s 39
r 9 amd Act No. 40, 2011, s 80
r 10 amd Act No. 40, 2011, ss 54 and 80; Act No. 8, 2015, s 40
rr 10A – 10B ins Act No. 8, 2015, s 41
r 11 amd Act No. 40, 2011, ss 55 and 76
sub Act No. 8, 2015, s 42
r 12 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 43
r 13 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 44
r 14 amd No. 50, 2011, r 6; Act No. 40, 2011, s 80; Act No. 8, 2015, s 45
r 15 amd No. 50, 2011, r 14; Act No. 40, 2011, s 80; Act No. 8, 2015, s 46
r 17 amd No. 50, 2011, r 7; Act No. 8, 2015, s 47
r 18 amd Act No. 40, 2011, s 56
r 20 amd Act No. 40, 2011, s 57; No. 50, 2011, r 14; Act No. 8, 2015, s 48
r 22 sub Act No. 8, 2015, s 49
r 23 amd Act No. 40, 2011, s 58; No. 50, 2011, r 14; Act No. 8, 2015, s 50
r 24 amd Act No. 40, 2011, s 59; No. 50, 2011, r 14; Act No. 8, 2015, s 51
r 25 amd Act No. 40, 2011, s 60
rep Act No. 8, 2015, s 52
r 26 amd Act No. 40, 2011, s 80
rep Act No. 8, 2015, s 52
r 27 amd Act No. 40, 2011, ss 61 and 80; Act No. 8, 2015, s 53
r 27A ins Act No. 8, 2015, s 54
r 28 amd No. 50, 2011, r 14; Act No. 40, 2011, s 77; Act No. 8, 2015, s 55
r 29 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 56
r 30 amd Act No. 40, 2011, ss 62 and 80; Act No. 8, 2015, s 57
r 31 amd Act No. 25, 2009, s 11
r 32 sub Act No. 40, 2011, s 63
amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 58
r 33 sub Act No. 40, 2011, s 63
amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 59
r 35 amd Act No. 40, 2011, s 64
r 36 amd Act No. 40, 2011, s 80
r 37 amd Act No. 40, 2011, ss 65 and 80
sub Act No. 8, 2015, s 60
rr 38 – 40 amd No. 50, 2011, r 14
r 41 amd No. 50, 2011, r 14; Act No. 40, 2011, s 80; Act No. 8, 2015, s 61
r 42 amd No. 50, 2011, r 8; Act No. 40, 2011, s 80; Act No. 8, 2015, s 62
r 44 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 63
r 45 amd Act No. 40, 2011, s 66; No. 50, 2011, r 14; Act No. 40, 2011, s 80; Act No. 8, 2015, s 64; Act No. 11, 2019, r 18
r 46 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 65
r 47 amd No. 50, 2011, r 14; Act No. 8, 2015, s 66
r 48 amd No. 50, 2011, r 14
r 49 amd No. 50, 2011, r 14; Act No. 8, 2015, s 67
r 50 amd Act No. 40, 2011, s 67
r 51 amd No. 50, 2011, r 14; Act No. 8, 2015, s 68
rr 52 – 54 sub No. 50, 2011, r 9
r 54A ins No. 50, 2011, r 9
r 55 amd No. 50, 2011, r 14
r 56 amd Act No. 40, 2011, s 80
sub Act No. 8, 2015, s 69
r 57 amd No. 50, 2011, r 10; Act No. 40, 2011, s 80; Act No. 8, 2015, s 70
r 58 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 71
r 61 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 72
r 62 amd Act No. 40, 2011, s 68
r 63 amd No. 50, 2011, r 14; Act No. 40, 2011, s 78; Act No. 8, 2015, s 73
r 64 sub Act No. 40, 2011, s 79
r 64A ins Act No. 40, 2011, s 69
rep Act No. 40, 2011, s 79
r 65 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 74
r 66 amd Act No. 40, 2011, s 80; Act No. 8, 2015, s 75
r 67 amd No. 50, 2011, r 11; Act No. 8, 2015, s 76
rr 67A – 67C ins Act No. 8, 2015, s 77
r 68 sub Act No. 40, 2011, s 70
amd Act No. 40, 2011, s 80
sub Act No. 8, 2015, s 77
pt 8 hdg ins Act No. 40, 2011, s 70
r 69 sub Act No. 40, 2011, s 70
sch 1 ins No. 50, 2011, r 12
amd Act No. 8, 2015, s 78
sch 2 hdg amd No. 50, 2011, r 13
(former sch hdg)