PINE CREEK COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Community Government Scheme as in force at 17 March 2004. Any amendments that may come into operation after that date are not included.

This scheme shall be called the Pine Creek Community Government Scheme. (See back note 1)

"candidate" means a person who has been nominated and accepted, under clause 18, as a candidate for election to the council and who has not withdrawn his consent to the nomination before the close of nominations;

"clerk", for the purposes of Part III except clause 39, also includes the Electoral Commission;

"election day" means a day specified in clause 15 for the holding of an election;

"election notice" means a notice under clause 16(1) that an election is to be held;

The community government area to which this scheme applies comprises all that parcel of land in and surrounding the Town of Pine Creek within the Northern Territory of Australia shown on the plan in Schedule 1, commencing at the intersection of the parallel of south latitude 13o 44' with meridian of east longitude 131o 55' thence due south to its intersection with parallel of latitude 13o 55' thence due west to its intersection with meridian of east longitude 131o 44' thence due north to its intersection with parallel of latitude 13o 44' thence due east to the point of commencement.

The name of the community government council which shall administer the community government area is the Pine Creek Community Government Council.

The common seal of the council shall contain the words "Pine Creek Community Government Council" and "Common Seal".

who shall be declared or elected in the manner provided by this scheme for a term of office expiring immediately before the next election day.

(2) The Council shall have a Vice-President, who shall be elected by the members from among their own number at the council's first meeting after its election and thereafter as occasion may require.

(3) Subject to subclause (4), the Vice-President shall hold office during the pleasure of the members of the council.

(4) The Vice-President may resign at any time by giving notice in writing to the clerk, and shall vacate office if he ceases to be a member of the council.

(5) The Vice-President shall act as President during any vacancy in that office and, subject to any contrary intention in this scheme, shall also perform the functions, exercise the powers and discharge the duties of the President when the latter is absent from the community government area or any meeting of the council.

(1) A person is not eligible for nomination as a member of the council unless he –

(b) lives in the community government area, and has lived there continuously for a period of not less than 12 months immediately before his nomination.

(2) The office of a member becomes vacant if he ceases to be so enrolled, or if he ceases to live ordinarily in the community government area.

(1) The council shall meet to transact its business not less than once each month.

(2) The date and time of a council meeting shall be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for that purpose.

(3) The President may call a special meeting of the council by giving at least 2 days notice to the other members.

(4) By giving the President notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members, or 6 or more persons each of whom has attained the age of 18 years and has lived in the community government area for not less than 3 months, may require the President to call a special meeting of the council.

(5) Where, under subclause (3) or (4), a special meeting is to be held, the clerk shall notify the members and shall cause a written notice of the special meeting to be prominently displayed in a place which he considers likely to be frequented by residents.

(7) Where a special meeting is requested under subclause (4), it shall be held within 7 days after the day upon which notice requesting it is received by the President.

the clerk shall declare him to be no longer a member, and his office as such to be vacant.

Meetings of the council shall be open to persons who are not members or officers of the council unless the council determines that a meeting, or part of a meeting, is to be closed.

(1) Meetings of the council shall be presided over by the President, or by the Vice-President in his absence, or by a member chosen by the other members in the absence of both the President and the Vice-President.

(2) The conduct of meetings of the council shall be in accordance with the standing orders determined , from time to time, by the council.

(4) The quorum for a meeting of the council shall be a majority of the members then in office.

(5) Questions before a meeting of the council shall be decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter shall be taken to have been defeated.

(a) the establishment, development, operation and maintenance of communication facilities for the community government area and in so doing the council may enter into a contract with the Australian Telecommunications Commission to act, for reward, as the agent of the Commission;

(b) the establishment and maintenance of parks, gardens and recreational areas and carrying out landscaping and other associated works;

(c) the establishment and maintenance of sports facilities, libraries, a cinema, community halls and public toilet and ablution blocks;

(d) the provision of a service for the collection and disposal of garbage, the maintenance of a particular place where garbage is to be dumped, and the control of litter generally;

(e) the provision and maintenance of sanitation facilities and the removal of health hazards;

(f) the provision and maintenance of sewerage, drainage and water supply facilities;

(j) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;

(m) the promotion and provision of community welfare and care facilities for all age groups within the community government area and the provision of appropriately trained staff to provide counselling or temporary assistance;

(q) the development and maintenance of roads within the community government area (including the provision of street lighting) and, for reward, the development and maintenance of roads outside the community government area;

(r) the maintenance of the Pine Creek airstrip and other facilities related thereto;

(s) the hiring out, for reward, of any plant, appliance or equipment belonging to the council and the repair and maintenance, for reward, of any plant, appliance or equipment not owned by the council;

(t) the contracting, for reward, of works projects outside the community government area;

(w) the establishment and maintenance of a fire-fighting service, including the acquisition of property and equipment and training of personnel for the service, and the protection of the community government area from fire;

(y) the promotion and development of tourist attractions and facilities within the community government area;

(zb) the support and encouragement of artistic, cultural and sporting activities.

(1) The council has power to do all things necessary or convenient for the performance of its functions including the orderly running and control of the community government area.

(2) Subject to subclause (3), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(3) Land is not ratable by virtue of subclause (2) if it is land of a description which would be exempt from rating by a council of a municipality under section 97 of the Act.

(4) Liability for the payment of rates declared by virtue of subclause (2) shall be determined in accordance with section 122 of the Act, and all other provisions with respect to rates contained in the Act or regulations under the Act shall apply to and in relation to rates so declared to the extent that they are capable of doing so and with any necessary modifications.

(5) Without prejudice to the powers of charging conferred on it by section 272(2) of the Act, the council may for the purpose of raising revenue for the performance of its functions declare charges to be payable by reason of a person's residence in the community government area or his carrying on of a business in the area or his having an interest in ratable land in the area.

(6) The council may exempt persons, or any class of persons, from all or part of the rates or charges for which they would otherwise have been liable by virtue of this clause.

(7) The council may contract with the Territory or other person in order to perform any of its functions.

A person is eligible to vote at a council election, and entitled to be enrolled as a voter under clause 14, if he –

(b) is a resident in the community government area immediately before the closure of the roll under clause 14(2).

(1) The clerk shall maintain a roll of the full names and addresses of persons who are eligible to vote at elections.

(2) The clerk shall close the roll at 12 noon on the Friday 22 days before election day.

(3) Except as provided by clause 27(2), or to correct an oversight in the making up of the roll, the clerk shall not add any names to the roll in the period between its closure and the conclusion of the election.

(4) A resident may inspect the roll at the offices of the council during the time that the offices are open.

(2) The first election shall be held on Saturday 20 June 1987 and subsequent elections shall be held on a Saturday in June to be fixed by the council in every third calendar year after the end of that year.

(1) The clerk shall give not less than 28 days notice before an election day that an election is to be held.

(2) An election notice shall be prominently displayed at such places in the community government area as the clerk considers likely to reasonably ensure that all residents who are eligible to vote have notice of the election.

and shall advise that only persons whose names are on the electoral roll will be entitled to vote at the election.

(1) A person who is enrolled as a voter under clause 14 may, by lodging a written nomination with the clerk, nominate another person as a candidate for election to the council as its President, as an ordinary member, or in both of those capacities.

(b) that the proposed candidate is eligible under clause 7(1) to be nominated as a member and has consented to the nomination.

(3) A candidate may withdraw his consent to his nomination at any time before the close of nominations.

(4) Nominations of candidates for election shall close at 12 noon on the Friday 15 days before election day.

(5) As soon as practicable after nominations have closed, the clerk shall display a list of the names of the candidates in the same places as the election notice.

(1) Where at the close of nominations under clause 18(4) only one person has been nominated for election as President –

(a) the clerk shall, by a notice displayed in the same places as the election notice, declare that person to be President; and

(b) by virtue of that declaration, any nomination of that person for election as an ordinary member shall lapse for all purposes.

(2) Where at the close of nominations more than one person has been nominated for election as President, an election to decide between them shall be held on election day.

(1) Where at the close of nominations under clause 18(4) the number of candidates nominated for election as ordinary members of the council (disregarding any nomination that has lapsed by virtue of clause 19(1)(b)) does not exceed 6, then –

(a) if they have all been nominated only for election as ordinary members, the clerk shall declare them all to be ordinary members; or

(b) if one or more of them has also been nominated for election as President, the clerk shall, after the holding of the election for that office under clause 19(2), declare the others of them to be ordinary members together with such (if any) as have failed to be elected President.

(2) Where at the close of nominations the number of candidates nominated for election as ordinary members (disregarding any nomination that has lapsed by virtue of clause 19(1)(b)), exceeds 6, an election to decide 6 ordinary members shall, subject to subclause (3), be held on election day.

(3) Subclause (2) shall not require the holding of an election to decide ordinary members if –

(a) the candidate includes candidates who have also been nominated for election as President; and

(b) the number of them remaining as candidates for ordinary membership will not exceed 6 after the holding of the election for the office of President under clause 19(2),

but, after the holding of the election under clause 19(2), the clerk shall instead declare those so remaining to be ordinary members.

(4) A declaration by the clerk under this clause shall be made by a notice which shall be displayed in the same places as the election notice.

(1) Where an election is to be held, the clerk shall cause ballot-papers to be printed in sufficient numbers for the purposes of the election.

(2) The clerk shall determine, by ballot, the order of names of candidates on a ballot-paper.

(2) A polling place shall have separate polling booths constructed so as to screen a voter from observation while he marks his ballot-paper.

The clerk shall provide within the polling place a ballot-box which shall be securely fastened and have a slit in the upper side by which ballot-papers may be put into the ballot-box.

(1) Subject to subclause (2), the clerk may, by notice in writing, appoint such persons as he thinks fit as polling officials to assist him in conducting an election.

(2) The clerk shall not appoint as a polling official a member of the council, a candidate, or a spouse or de facto partner of a member or candidate.

(1) Each candidate may, by notice in writing, appoint such persons as he thinks fit to be his scrutineers for the purposes of the election.

(2) One scrutineer for each candidate shall be entitled to remain in the polling place with the clerk or polling officials to observe the conduct of the voting and counting of votes.

The clerk shall ensure that the polling place is open and remains open for voting between the hours of 8 o'clock in the morning and one o'clock in the afternoon on the day of an election.

(1) Subject to subclause (2), a person whose name appears on the electoral roll shall vote and a person whose name does not appear shall not be entitled to vote at an election.

(2) Where the clerk is satisfied that a person is eligible under clause 13 to vote, but his name has not been entered on the roll, the clerk shall, upon the person signing a declaration that he made a claim for enrolment before the closure of the roll under clause 14(2) –

(1) The clerk shall, immediately before the polling place is opened for voting and in the presence of a person who is eligible to vote but is not a candidate, exhibit the ballot-box empty, and shall then securely fasten its cover.

(2) The clerk shall ensure that the ballot-box remains securely fastened during the hours that the polling place is open for voting.

A voter, other than the clerk, a scrutineer or a polling official, shall remain in the polling place only for so long as is necessary for him to vote.

(1) A voter shall state his name to the clerk or polling official, who shall check that the name appears on the electoral roll.

(2) Where a voter's name is on the electoral roll and a line has not been drawn through it, the clerk or official shall draw a line through his name and hand the voter ballot-papers for the election of the President and the ordinary members.

(3) Immediately before the clerk or official hands a voter ballot-papers, the clerk or official shall initial the back of those ballot-papers.

(4) After the clerk or official hands the ballot-papers to a voter, the voter shall go into an unoccupied booth and secretly vote by placing –

(a) the figure "1" in the square on the ballot-paper opposite the name of the candidate for whom he votes as his first preference; and

(b) consecutively increasing numbers in the squares opposite the names of the other candidates appearing on the ballot-paper in the order of his preference until a number is placed against the names of all candidates appearing on the ballot-paper.

(5) Where the voter spoils a ballot-paper or marks it in a way that he did not intend, he may return it to the clerk or official who shall write "spoilt" across the front of it and give the voter a new ballot-paper.

(6) The clerk shall, in accordance with clause 36, retain each spoilt ballot-paper until after the election.

(7) When the voter has completed his ballot-papers he shall fold them to conceal the names of the candidates and place them in the ballot-box.

(10) Subject to subclause (11), no person, other than a voter who has been issued with a ballot-paper, shall vote on the ballot-paper.

(11) Where the clerk or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance, the voter may appoint a person to assist him and the clerk or official shall permit that person to accompany the voter into a booth and mark the ballot-papers and deposit them in the ballot-box for him.

(b) will be absent from the community government area during the hours when the polling place will be open,

(2) An application in writing for postal ballot-papers shall give an address to which the ballot-papers shall be posted.

(3) Where, before the date of the election, the clerk receives an application for postal ballot-papers and the name of the applicant is on the electoral roll, he shall –

(a) hand or send to the applicant ballot-papers which have been initialled by the clerk, together with a self-addressed envelope marked with the words "Ballot-Papers"; and

(4) Where a person who has applied for postal ballot-papers receives the ballot-papers, he shall vote by placing –

(a) the figure "1" in the square on the ballot-paper opposite the name of the candidate for whom he votes as his first preference; and

(5) After an applicant for postal ballot-papers has voted he shall return the ballot-papers in the marked self-addressed envelope to the clerk.

(6) Where the clerk receives an envelope apparently containing postal ballot-papers before the close of the poll, he shall, during the hours of polling, place that envelope, unopened, in the ballot-box and the envelope shall be opened and the vote counted in accordance with clause 32.

(7) Where the clerk receives an envelope apparently containing postal ballot-papers after the close of the poll, he shall mark the envelope "rejected", place that envelope with the ballot-papers and the votes on those ballot-papers shall not be counted.

(1) After one o'clock in the afternoon of the day of the election and as soon as voting has finished, the clerk and officials shall, in the presence of a scrutineer or at least one other person who was eligible to vote, open the ballot-box, count the number of ballot-papers, compare that number with the number of names through which a line has been drawn on the electoral roll and prepare a statement which reconciles the number of ballot-papers issued and counted.

(2) After a statement under subclause (1) has been prepared, the clerk and officials shall, in the presence of a scrutineer or at least one other person who was eligible to vote, count, in accordance with the procedures specified in Schedule 2, the votes received by each candidate.

(3) During the counting of votes, the clerk shall, subject to subclause (4), set aside as an informal vote a ballot-paper where the voter has failed to comply with clause 30(4) or 31(4).

(4) A ballot-paper shall not be set aside under subclause (3) for an irregularity in voting where, in the opinion of the clerk, the voter's intention is clearly shown.

(5) The votes to decide the President of the council shall be counted first, and those to decide its ordinary members second.

(6) Where the person elected President was also a candidate for election as an ordinary member, that candidacy and the votes cast for him in relation thereto shall be wholly disregarded, and the voter's second and subsequent preferences distributed accordingly, for the purposes of the count for ordinary members.

(7) The clerk shall, immediately after counting under this clause, sign a certificate stating –

(d) the total number of votes received by each candidate for election as President or ordinary member;

(e) the number of postal votes forwarded by him and returned to him before the close of the polls; and

(1) The clerk shall, as soon as practicable after the votes have been counted, declare the result of the election by a notice displayed in the same places as the election notice.

(a) a list of the candidates for election as President or ordinary members, arranged in the same order as they appeared on each ballot-paper and stating the number of votes received by each candidate; and

(b) subject to clause (2), Part IV of Schedule 2, a statement declaring the candidate for President with the most votes elected as President, and the 6 candidates for ordinary membership with the most votes elected as ordinary members.

Not more than 7 days after an election day, the clerk shall forward to the Minister –

(1) The clerk, at any time before a candidate is declared to be elected, may, on the written request of a candidate or of his own motion, re-count the ballot-papers.

(2) A request under subclause (1) shall contain a statement of the reasons for the request.

After the counting of the votes has been completed, the clerk shall keep the ballot-papers in a sealed package unopened for 6 months and, at the end of that time, shall destroy the unopened package containing the ballot-papers.

(1) If it appears to the clerk to be necessary or desirable to do so by reason of –

he may adjourn polling at an election from day to day to a maximum of 21 days beginning with the day of the election.

(2) The clerk shall take such steps as he may consider necessary and practicable to inform persons entitled to vote of an adjournment under subclause (1).

(3) Where polling has been adjourned under subclause (1), the provisions of clause 32 shall apply as from the time when voting is finally concluded, and clauses 6(1) (in relation to members of the former council) and 34 shall have effect as if references to election day were references to the day on which voting is finally concluded.

(1) Subject to clause 39, where the office of a member is or becomes vacant for any reason whatever, a by-election shall be held to fill the vacancy unless it arises less than 6 months before the latest day for the holding of the next election.

(2) The procedure for the calling and conduct of a by-election shall conform, as far as is practicable, with the provisions of this scheme relating to the calling and conduct of an election.

(1) If all the members of the council cease to be members, or a quorum for 2 consecutive meetings of the council is not present at times for meetings of the council under this scheme, the clerk shall be deemed to constitute the council for the purposes of –

(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council, the date which he determines shall be as soon as is practicable.

(3) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk shall appoint a person whose name appears on the electoral roll as his assistant.

(4) A council elected under subclause (2), shall hold office for the remainder of the term for which the previously elected council would have been in office had that previously elected council remained in office for its full term.

"absolute majority of votes" means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers;

"continuing candidate" means a candidate not already elected or excluded from the count;

"next preference" includes the first of the subsequent preferences marked on the ballot-paper which is not given to an elected or excluded candidate;

by-election, the votes shall be counted and the result of the election ascertained by the clerk, or under his direction and supervision, in accordance with the following provisions:

(a) the unrejected ballot-papers shall be arranged under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;

(b) the total number of first preferences given for each candidate on each ballot-paper shall then be counted;

(c) the candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected;

(d) if no candidate has received an absolute majority of first preference votes, a second count shall be made;

(e) on the second count the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter's preference;

(f) if a candidate then has a absolute majority of votes, he shall be declared elected, but if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his ballot-papers to the continuing candidate next in the order of the voter's preference shall be repeated until one candidate has received an absolute majority of votes; and

(g) the candidate who has received an absolute majority of votes shall be declared elected.

Where 2 candidates are to be elected at an election or by-election, the votes shall be counted and the result of the election ascertained by the clerk, or under his direction and supervision, in accordance with the following provisions:

(a) one of the candidates shall be elected in accordance with the provisions of Part I of this Schedule;

(b) all the unrejected ballot-papers shall be rearranged under the names of the respective candidates in accordance with the first preference indicated thereon, except that each ballot-paper on which a first preference for the elected candidate is indicated shall be placed in the parcel of the candidate next in the order of the voter's preference;

(c) the number of ballot-papers in the parcel of each candidate shall then be counted and the total number of votes so counted to each candidate shall be ascertained; and

(d) if a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the count shall proceed as provided in clause (2)(d), (e) and (f) of Part I of this Schedule, until one candidate has received an absolute majority of votes,

provided that in the application of clause (2)(d) and (e) of Part I of this Schedule, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this Part; and

(e) the candidate who has received an absolute majority of votes shall be elected.

by-election, 2 of the candidates shall be elected in accordance with the provisions of Parts I and II of this Schedule.

(2) The third and every subsequent candidate shall be elected in the manner provided for the election of the second candidate, provided that a ballot-paper on which a first preference for any elected candidate is marked shall be placed in the parcel of the continuing candidate next in the order of the voter's preference.

(1) Where, on any count at which the candidate with the fewest number of votes has to be excluded, 2 or more candidates have an equal number of votes (that number being fewer than the number of votes that any other candidate has or those candidates being the only continuing candidates) –

(a) such one of those candidates as had the fewest number of votes at the last count at which they did not have an equal number of votes shall be excluded; or

(b) if they had an equal number of votes at all preceding counts, the candidate whose name is on a slip drawn in accordance with clause (2) of this Part shall be excluded.

(2) For the purpose of clause (1) of this Part, the clerk shall write the names of the candidates who have an equal number of votes on similar slips of paper, fold the slips so as to prevent the names being seen, mix them, and draw at random one of those slips.

(3) Notwithstanding anything to the contrary in this Schedule, the process of counting each of the ballot-papers of an excluded candidate to the continuing candidate next in the order of the voter's preference shall not be repeated where there is only one continuing candidate, but that one continuing candidate shall be declared elected.

1. The Pine Creek Community Government Scheme, under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	14 May 1987	15 May 1987	15 May 1987
Act No. 1, 2004	–	–	17 Mar 2004 (b)
Act No. 12, 2004	–	–	15 Mar 2004 (a)

(a) See section 2, section 2 of the Electoral Act 2004 and Gazette S6, dated 15 March 2004.

Northern Territory Repealed Regulations

PINE CREEK COMMUNITY GOVERNMENT SCHEME