Community Services (Aborigines) Regulation 1985

Queensland Community Services (Aborigines) Act 1984 COMMUNITY SERVICES (ABORIGINES) REGULATION 1985 Reprinted as in force on 6 January 1998 (includes amendments up to SL No. 450 of 1997) Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 6 January 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland COMMUNITY SERVICES (ABORIGINES) REGULATION 1985 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5A Meaning of “conclusion” of election for Aboriginal council . . . . . . . . . . . . 12 PART 2—ABORIGINAL COUNCILS 6 Election of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Composition of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Qualification to be a member of an Aboriginal council . . . . . . . . . . . . . . . . 16 9 Nomination of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 12 Vacating office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Public notice of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 15 Appointment of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 3—ABORIGINAL COUNCIL MEETINGS 17 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17A Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17B Other meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 17C Place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 17D Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 17E Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 17F Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17G Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

2 Community Services (Aborigines) Regulation 1985 17H Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17I Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 17J Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 17K Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . . . . . . . . . . 23 17L Closed meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17M Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17N Public notice of resolution authorising remuneration etc. . . . . . . . . . . . . . . 25 17O Inspection of records by the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 4—FINANCIAL ADMINISTRATION Division 1—Financial management of Aboriginal councils 18 Community funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 18A Financial administration procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 18AA Financial information to be presented to post-election meeting . . . . . . . . . 27 18B Approved forms for annual financial statements . . . . . . . . . . . . . . . . . . . . . . 28 19 General fund of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 20 Trust fund of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2—Financial administration for Aboriginal Co-ordinating Council 21 Community funds of Aboriginal Co-ordinating Council . . . . . . . . . . . . . . . . 29 22 General fund of Aboriginal Co-ordinating Council . . . . . . . . . . . . . . . . . . . . 29 22A Trust fund of Aboriginal Co-ordinating Council . . . . . . . . . . . . . . . . . . . . . . 29 PART 5—ABORIGINAL COURTS 23 Forms, procedures and enforcement of decisions of Aboriginal Courts . . . 30 24 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 25 Record of court proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 6—ABORIGINAL CO-ORDINATING COUNCIL 26 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 26A Executive committee quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 7—GENERAL PROVISIONS 27 Register of pecuniary interest disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 27A Transitional provision about disqualifications to be councillor . . . . . . . . . . 32 28 Change of name of Mitchell River Trust Area . . . . . . . . . . . . . . . . . . . . . . . 32

3 Community Services (Aborigines) Regulation 1985 29 Assignment of name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 30 Change of name of Edward River Trust Area . . . . . . . . . . . . . . . . . . . . . . . . 33 31 Change of name of Cowal Creek Trust Area . . . . . . . . . . . . . . . . . . . . . . . . . 33 33 Change of name of Weipa Trust Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 35 ELECTIONS PART 1—GENERAL 214 Triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 215 Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 216 Elections to be held on a Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 217 Dates of triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 218 Date of later triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 219 Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 219A Aboriginal councils responsible for expenditure for conducting elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PART 2—RETURNING OFFICERS 220 Clerk is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 221 Appointment of returning officer in place of the clerk . . . . . . . . . . . . . . . . . 37 222 Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 3—VOTERS ROLL 223 Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . 38 224 Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 225 Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 226 Use of electoral roll when practicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 227 Requirements of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 228 Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . . . . . . . 40 229 Electoral registrars to help returning officers . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 4—VOTING 230 Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 231 System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

4 Community Services (Aborigines) Regulation 1985 PART 5—(omitted) PART 6—CONDUCT OF ELECTIONS Division 1—Preliminary 236 Conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 237 Chief executive of department may approve forms . . . . . . . . . . . . . . . . . . . 41 Division 2—Electoral officers 238 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 238A Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 239 Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 240 Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 241 Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 242 Returning officer may act through other officers . . . . . . . . . . . . . . . . . . . . . . 43 242A Assistant returning officer may act through certain authorised officers . . . 43 243 Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 3—Candidates for election or appointment 244 Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 245 Prohibition of dual candidature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 246 Leave to Aboriginal council employee to contest election . . . . . . . . . . . . . 44 Division 4—Nomination on candidates for election 248 Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 249 Who may nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 250 How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 251 Deposit to accompany nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 251A Special grounds for deciding a person is not properly nominated . . . . . . . . 45 252 Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 253 Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 254 Termination of candidature before noon on nomination day . . . . . . . . . . . . 46 255 Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 256 Procedure if number of candidates not more than number required . . . . . . 47 257 Procedure if number of candidates exceeds number required . . . . . . . . . . . 48 258 Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

5 Community Services (Aborigines) Regulation 1985 259 Procedure on death of candidate when poll to be conducted . . . . . . . . . . . . 49 260 Disposal of nomination fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 261 If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 262 Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 5—(omitted) Division 6—Polling booths 265 Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 266 Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 267 Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 268 Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 269 Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 7—Ballot boxes, papers and other documents 270 Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 271 Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 272 Separate ballot papers for separate polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 273 Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 274 Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 275 Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 8—Scrutineers 276 Candidates’ entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 277 Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 278 Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 279 Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 9—Voting generally 280 Who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 281 When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 282 Procedure for voting at a polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 283 Duties of issuing officer for returned papers . . . . . . . . . . . . . . . . . . . . . . . . . 61 284 Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 285 Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 286 Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

6 Community Services (Aborigines) Regulation 1985 287 Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 288 Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 10—Declaration voting 289 Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 290 Who must cast a declaration vote in ordinary elections . . . . . . . . . . . . . . . 65 291 Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . . . . . . . . . 66 292 How declaration vote is cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 293 Distribution of ballot papers to electors who may or must cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 294 How declaration vote may be cast at a polling booth . . . . . . . . . . . . . . . . . 68 295 Distribution of ballot papers to electors for postal ballot election . . . . . . . . 69 296 Record of ballot papers given to postal voters . . . . . . . . . . . . . . . . . . . . . . . 69 297 Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 298 Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 298A Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 11—Marking of ballot papers 299 Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 300 First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 12—Replacement ballot papers 301 Use of replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 13—Effect of ballot papers 302 Effect of ballot papers—optional-preferential voting . . . . . . . . . . . . . . . . . . 75 303 Effect of ballot papers—first-past-the-post voting . . . . . . . . . . . . . . . . . . . . . 75 304 Posted vote presumed valid until contrary proved . . . . . . . . . . . . . . . . . . . . 76 305 Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 306 Ballot paper partly formal and partly informal . . . . . . . . . . . . . . . . . . . . . . . 76 Division 14—Counting of votes 307 Votes to be counted in accordance with this division . . . . . . . . . . . . . . . . . 77 308 Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 309 Preliminary processing of declaration votes by returning officer . . . . . . . . . 79 310 Procedure for processing declaration envelopes . . . . . . . . . . . . . . . . . . . . . . 79

7 Community Services (Aborigines) Regulation 1985 311 Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 312 Treatment of ballot paper to which objection is made . . . . . . . . . . . . . . . . . 82 313 Counting of votes for optional-preferential system . . . . . . . . . . . . . . . . . . . . 83 314 Counting of votes for first-past-the-post system . . . . . . . . . . . . . . . . . . . . . . . 83 315 Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 15—Actions following poll 316 Declaration of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 317 Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 317A Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . . . . . . . . . 85 318 List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 319 Notice of failure to vote etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 319A Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 320 Recording response to notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 321 Evidentiary value of list under s 318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 322 Disposal of material resulting from election . . . . . . . . . . . . . . . . . . . . . . . . . 88 323 Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 323A Notice to electors whose ballot papers are not accepted . . . . . . . . . . . . . . . 89 324 Notice to electoral commission of certain declaration votes . . . . . . . . . . . . 90 Division 16—Enforcement Subdivision 1—Offences in general 325 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 326 False, misleading or incomplete electoral documents . . . . . . . . . . . . . . . . . 91 327 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 328 Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 329 Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 330 Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 331 Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 332 Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 333 No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Subdivision 2—Offences about electoral advertising and information 334 Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

8 Community Services (Aborigines) Regulation 1985 335 Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 336 Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Subdivision 3—Offences about voting 337 Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 338 Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 339 Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 340 Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 341 Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 342 Party badges not to be worn in polling booths . . . . . . . . . . . . . . . . . . . . . . . . 97 343 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 344 Offences relating to ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 345 Failure to deliver or post documents for someone else . . . . . . . . . . . . . . . . 99 346 Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 347 Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 348 Duty of witness to signing of declaration voting papers . . . . . . . . . . . . . . . 100 Subdivision 4—(omitted) PART 7—FRESH ELECTIONS 350 Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 351 Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 352 Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 353 Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 354 Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 355 Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 PART 8—(omitted) ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 102 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

9 Community Services (Aborigines) Regulation 1985 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

s 1 11 s 5 Community Services (Aborigines) Regulation 1985 COMMUNITY SERVICES (ABORIGINES) REGULATION 1985 [as amended by all amendments that commenced on or before 6 January 1998] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Community Services (Aborigines) Regulation 1985 . ˙ Forms 4.(1) The prescribed forms under the Act are the forms approved by the chief executive of the department. (2) A person may ask the chief executive to supply a copy of a document setting out an approved form. (3) The chief executive must comply promptly with the request. ˙ Interpretation 5. In this regulation— “accounting standards” means the Aboriginal and Islander Accounting Standards published under section 18A. “clerk” means the person appointed by an Aboriginal council to act as the clerk of the council, and includes the person for the time being performing the duties of the clerk. “conclusion” , of an election for an Aboriginal council, see section 5A. “conviction” includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. “councillor” means a member of an Aboriginal council, and includes the

s 5A 12 s 5A Community Services (Aborigines) Regulation 1985 chairperson. “elector” means an elector named as such in an electoral roll compiled pursuant to the Elections Act 1983 and enrolled on a voters roll compiled pursuant to the Act. “fine option order” has the meaning given by the Penalties and Sentences Act 1992 . “manual” in relation to the financial administration procedures of an Aboriginal council means the administration and financial procedures manual produced by the council pursuant to section 18A. “pecuniary interest disclosure” means a disclosure made under section 27A 1 of the Act. “post-election meeting” means a meeting held under section 17. “secretary” means the person appointed by the Aboriginal Co-ordinating Council to act as secretary of the Aboriginal Co-ordinating Council. “trust money” , of an Aboriginal council or the Aboriginal Co-ordinating Council, means— (a) an amount paid to the council— (i) by way of deposit; or (ii) in trust for a person; or (b) an amount paid to the council that is required by an Act to be paid to its trust fund. ˙ Meaning of “conclusion” of election for Aboriginal council 5A. The “conclusion” of the election of a councillor is— (a) if the councillor is elected at an election of all councillors of the Aboriginal council—the day on which the last declaration of a poll conducted in the election is displayed as required under this regulation; or (b) if the councillor is elected at a by-election and— 1 Section 27A (Disclosure of interests at meetings)

s 6 13 s 7 Community Services (Aborigines) Regulation 1985 (i) a poll is conducted—the day on which the declaration of the poll is displayed as required under this regulation; or (ii) a poll is not conducted—the day after the nomination day for the by-election; or (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— (i) 1 or more polls are conducted in the council’s area—the day on which the last declaration of a poll is displayed as required under this regulation; or (ii) a poll is not conducted—6 p.m. on the day that a poll would otherwise have been required under this regulation to be conducted. † PART 2—ABORIGINAL COUNCILS ˙ Election of councillors 6. The Local Government Act 1993 , chapter 5 applies to Aboriginal councils with the changes shown in schedule 2. ˙ Composition of Aboriginal council 7.(1) Subject to subsections (1A) to (1L), an Aboriginal council shall be composed of 5 members (including the chairperson). (1A) An Aboriginal council may pass a resolution, or the electors in a trust area may forward a petition to the Minister, requesting the Minister to approve the resolution or petition which seeks— (a) to alter the number of members constituting the council to a number which is not less than 3 which number, in the case of a resolution, is to be specified in the resolution; or (b) to require the chairperson of the council to be elected by the

s 7 14 s 7 Community Services (Aborigines) Regulation 1985 electors of the trust area; or (c) the matters referred to in both paragraphs (a) and (b). (1B) The council must take all reasonable steps to immediately disclose or otherwise inform electors in the trust area of the content and nature of such a resolution and shall notify electors of a date not less than 14 days after the passing of the resolution by which objections in writing to the referral of the resolution to the Minister may be made to the clerk. (1C) After considering all objections duly made to the passing of the resolution, the chairperson is to cause a copy of the resolution to be submitted to the Minister so that the Minister will receive the copy no less than 60 days before the next triennial election of the council. (1D) The copy of the resolution must be accompanied by— (a) a certificate of the chairperson and the clerk that the provisions of subsection (1B) have been complied with; and (b) all objections to the passing of the resolution that were duly made and lodged with the clerk; and (c) the representations (if any) of the council in respect of the objections. (1E) A copy of a petition carrying the names and signatures of a majority of the electors is to be forwarded to the Minister so that the Minister will receive the copy no less than 60 days before the next triennial election of the council. (1F) If the Minister approves the resolution or petition, the Minister is to publish in the gazette the effect of that resolution or petition pursuant to subsection (1J). (1G) The approval of a resolution or petition is of no force and effect until its effect has been so published. (1H) The Minister may refuse to approve a resolution or petition if the Minister is of the opinion, reasonably informed, that— (a) the number of members proposed in the resolution is out of proportion to the overall population of the trust area or is otherwise impracticable and unreasonable; or

s 7 15 s 7 Community Services (Aborigines) Regulation 1985 (b) the majority of electors in the trust area are opposed to the resolution. (1I) The Minister may refuse to approve a resolution if the Minister is of the opinion, reasonably informed, that the council or the clerk did not comply with subsections (1B) to (1D). (1J) If the effect of such a resolution or petition is published in the gazette, the electors of the area concerned, voting to elect the Aboriginal council, are entitled to vote at the next triennial election for the number of members, or for the chairperson, of the council or both, as published in the gazette. (1K) A council so elected will be composed of that number of members (including the chairperson) and a chairperson so elected will hold office, subject to this regulation, until the conclusion of the next triennial election of that council. (1L) At any such election a person can not be qualified to be a candidate for the office of chairperson and also for the office of an ordinary member of a council. (2) The members of an Aboriginal council shall be elected by the electors of the area. (4) When no provision has been made pursuant to subsections (1A) to (1L) for the election of a chairperson by the electors of the area, until a chairperson or deputy chairperson is appointed, the clerk is to preside at a post-election meeting and at all adjournments thereof until a chairperson or deputy chairperson has been appointed and while so presiding shall have and may exercise all the powers and authorities of the chairperson other than the right to vote. (5) If, within 21 days after the post-election meeting, no appointment of a member to be chairperson or deputy chairperson has been made, the Minister may by notice in writing to the council appoint a member to be chairperson or deputy chairperson and the member so appointed shall be deemed to have been duly appointed by the members of the council. (6) A member appointed to be chairperson or deputy chairperson pursuant to subsection (5) shall, subject to this regulation, hold office until the conclusion of the next triennial election.

s 8 16 s 8 Community Services (Aborigines) Regulation 1985 (7) Subject to subsections (1A) to (1L) and (5), at a meeting of the council by resolution of the majority of the members present one of the members may be appointed to be chairperson in place of the chairperson previously appointed and then in office in which case the member so appointed shall assume office as chairperson, and subject to the Act, shall hold office until the conclusion of the next triennial election. (8) A resolution for the appointment of one of the members to be chairperson in place of the chairperson then in office shall not be passed by the council unless notice of intention to move such resolution is given to each of the members not less than 14 days before the date of the meeting at which the resolution is to be moved. (9) Subsection (8) has effect despite section 17H(1). ˙ Qualification to be a member of an Aboriginal council 8.(1) Every Aborigine or Islander who— (a) has resided continuously in the area for not less than 6 months prior to the nomination day for an election; (b) is enrolled on the voters roll; (c) is not disqualified under subsection (2), (3) or (4); shall be qualified to be nominated as a candidate and to be elected as a member of the Aboriginal council for that area. (2) No Aborigine or Islander who— (a) is undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended under the Criminal Code, section 656; or (b) is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy in force for the time being relating to bankrupt or insolvent debtors; shall be qualified to be a member of an Aboriginal council. (3) An Aborigine or Islander who has been convicted of an indictable offence under any of the following provisions of the Criminal Code in relation to an Aboriginal or Island council, is not qualified to become a

s 9 17 s 9 Community Services (Aborigines) Regulation 1985 councillor for 5 years after the conviction— • part 3, chapter 13 or 15 • part 6, division 1 • part 6, division 3. (4) An Aborigine or Islander who has been convicted of an offence against section 27A 2 of the Act is not qualified to become a councillor for 3 years after the conviction. (5) However, the court that convicts an Aborigine or Islander of an offence mentioned in subsection (4) may, by order, direct the subsection does not apply to the Aborigine or Islander if the court is satisfied it would be just to give the direction. ˙ Nomination of candidate 9.(1) In order that any person may be or become a candidate at an election of an Aboriginal council the person shall— (a) be nominated in writing by not less than 2 electors in the area in which the person proposes to be or become a candidate; (b) consent in writing to such nomination; (c) pay to the returning officer at the time of delivery of the nomination paper, a fee of $25. (2) No person who is not so nominated, or by whom or on whose behalf such payment is not made, shall be or be deemed to be a candidate. (3) No nomination paper shall be rejected for any mere formal defect or error therein, if the returning officer is satisfied that the provisions of this regulation have been substantially complied with. (4) A nomination paper shall be delivered to the returning officer before nomination day at the office of the Aboriginal council during normal office hours or on nomination day at the place of nomination between the hours of 9.00 a.m. and 12 noon. 2 Section 27A (Disclosure of interests at meetings)

s 11 18 s 12 Community Services (Aborigines) Regulation 1985 (5) The returning officer shall give a receipt for the payment of the nomination fee. (6) The returning office shall if requested give a receipt for the nomination paper. ˙ Vacancy 11.(1) For the purpose of this section— “qualified person” is a person entitled to qualify to be nominated as a candidate under section 8(1). (2) When a vacancy arises in the office of a member of an Aboriginal council— (a) within 2 years after the member’s election thereto, an election shall be held in accordance with this regulation to fill the vacancy; (b) other than in paragraph (a)—the Aboriginal council shall, at a special meeting called for the purpose within 2 months of the occurrence of the vacancy, appoint a qualified person to be a member. (2B) If a vacancy that should be filled under subsection (2)(b) is not properly filled, the Minister may appoint a qualified person to fill the vacancy. (4) If after the expiration of the time allowed for the nomination of a person to fill a vacancy, no qualified person has nominated to fill such vacancy, the Aboriginal council may appoint a qualified person to fill such vacancy. (5) A person elected or appointed to fill any vacancy shall, subject to the Act, hold office for the remainder of the period for which the person’s predecessor was elected or appointed. ˙ Vacating office of member 12. The office of a member of an Aboriginal council shall become vacant if— (a) the member dies or the member’s term of office expires; or

s 13 19 s 13 Community Services (Aborigines) Regulation 1985 (b) the member resigns from office; or (c) the member ceases to be qualified to be nominated as a candidate for election as a councillor; or (d) the member is absent, without leave of the council, from 3 consecutive meetings of the council of which notice has been duly given to the member personally, or by post; or (e) the member is a patient within the meaning of the Mental Health Act 1974 ; or (f) the member changes his or her place of living to an address outside the area governed by it; or (g) on a review under the Judicial Review Act 1991 , the member is found to be unlawfully elected or appointed, or ineligible to continue to act as, a member of the council; or (h) the member becomes— (i) the clerk or deputy clerk; or (ii) a finance officer, financial controller, accountant or other person (however described) whose primary responsibility is administering the council’s finances; or (i) the member is elected to another office at a by-election; or (j) the member otherwise ceases to hold the office before the end of the member’s term of office. ˙ Public notice of election 13.(1) The returning officer shall give public notice of an election by a notice which shall be exhibited in at least 1 prominent place in the area. (2) Every notice of election shall specify— (a) the date of exhibition of such notice; and (b) a day— (i) not less than 10 nor more than 21 days after the exhibition of the notice; and

s 15 20 s 17A Community Services (Aborigines) Regulation 1985 (ii) not less than 21 nor more than 42 days before the date of the holding of the election; as the day of nomination; and (c) a convenient place within the area as the place of nomination at which the returning officer will be present between the hours of 9.00 a.m. and 12 noon on nomination day to receive nomination papers. ˙ Appointment of clerk 15.(1) An Aboriginal council from time to time shall appoint a person being, wherever practicable, an Aboriginal resident of the area governed by it, to be the clerk of the Aboriginal council to assist in the proper exercise of its powers and discharge of its functions. (2) An Aboriginal council may appoint a person to act as its clerk during— (a) any vacancy, or all vacancies, in the position; or (b) any period, or all periods, when the clerk is absent from duty or cannot, for another reason, perform the clerk’s duties. † PART 3—ABORIGINAL COUNCIL MEETINGS ˙ Post-election meetings 17. An Aboriginal council must hold a meeting within 14 days after the conclusion of the triennial elections and each fresh election of its councillors. ˙ Agenda of post-election meetings 17A. An Aboriginal council must consider the following matters at a post-election meeting—

s 17B 21 Community Services (Aborigines) Regulation 1985 s 17E (a) the day and time for holding other meetings; (b) if its chairperson is not directly elected by electors of the trust area—the appointment of its chairperson; (c) the appointment of its deputy chairperson; (d) the document prepared under section 18AA 3 about its financial operations and financial position. ˙ Other meetings 17B.(1) Other meetings of an Aboriginal council are to be held at the times and places it decides. (2) However, it must meet at least once in each period of 3 months. ˙ Place of meetings 17C.(1) All meetings of an Aboriginal council must be held at its office. (2) However, an Aboriginal council may, by resolution, fix another place for a particular meeting. ˙ Quorum at meetings 17D.(1) A quorum of an Aboriginal council is a majority of its councillors. (2) However, if the number of councillors is an even number, one-half of the number is a quorum. ˙ Procedure at meetings 17E.(1) Business may be conducted at a meeting of an Aboriginal council only if a quorum is present. (2) At a meeting— (a) voting must be open; and 3 Section 18AA (Financial information to be presented to post-election meeting)

s 17F 22 Community Services (Aborigines) Regulation 1985 s 17H (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. ˙ Minutes must be kept 17F.(1) An Aboriginal council must keep minutes of its proceedings. (2) The minutes must be taken and confirmed under section 17J. ˙ Adjournment of meetings 17G.(1) The majority of councillors present at a meeting of an Aboriginal council may adjourn the meeting to a later hour of the same day or to a later day. (2) If a quorum is not present within 30 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the council’s clerk. ˙ Notice of meetings 17H.(1) Notice of each meeting or adjourned meeting of an Aboriginal council must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. (2) Unless each councillor has agreed in writing that notice of meetings under subsection (1) may be given orally, notice of each meeting must be given in writing. (3) A notice must state—

s 17I 23 Community Services (Aborigines) Regulation 1985 s 17K (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. ˙ Repeal or amendment of resolutions 17I.(1) A resolution of an Aboriginal council may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. (2) At the meeting to decide the proposal, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present; or (b) in any other case—a majority of all councillors. ˙ Minutes 17J.(1) The clerk of an Aboriginal council must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. (2) Minutes of each meeting must include— (a) the names of councillors present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted. (3) At each meeting, the minutes of the previous meeting must be— (a) confirmed by the councillors present; and (b) signed by the person presiding at the later meeting. ˙ Meetings in public unless otherwise resolved 17K. A meeting is open to the public unless— (a) the Aboriginal council has resolved that the meeting be closed

s 17L 24 Community Services (Aborigines) Regulation 1985 s 17M under section 17L(1); or (b) the chairperson of the Aboriginal council closes the meeting under section 17L(3). ˙ Closed meetings 17L.(1) An Aboriginal council may resolve that a meeting be closed to the public if its councillors consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of its employees; or (b) industrial matters affecting its employees; or (c) its budget; or (d) contracts proposed to be made by it; or (e) starting or defending legal proceedings involving it; or (f) other business for which a public discussion would be likely to prejudice the interests of the council or someone else, or enable a person to gain a financial advantage. (2) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed. (3) The chairperson of an Aboriginal council may also close a meeting to the public if the chairperson considers, on reasonable grounds, that members of the public attending the meeting are unduly disrupting proceedings. (4) An Aboriginal council must not make a resolution (other than a procedural resolution) in a closed meeting. ˙ Public notice of meetings 17M.(1) An Aboriginal council must display a notice of the days and times when its ordinary meetings will be held— (a) in a conspicuous place in its office; and (b) in another conspicuous place in its area.

s 17N 25 Community Services (Aborigines) Regulation 1985 s 17O (2) The council must immediately notify any change to the days and times for ordinary meetings in the same way as they were previously notified. (3) A list of the items to be discussed at a meeting must be open to inspection at the time the agenda for the meeting is made available to councillors. (4) Subsection (3) does not affect the right to discuss or deal with, at any meeting, items arising after the agenda for the meeting is made available to councillors. ˙ Public notice of resolution authorising remuneration etc. 17N.(1) A resolution authorising the payment or provision of remuneration to councillors of an Aboriginal council may be passed only if notice has been given of the proposed resolution. (2) Notice must be given by— (a) displaying at least 21 days before the meeting, a notice setting out the proposed resolution, and the day and time of the proposed meeting, in a conspicuous place in the council’s area; and (b) putting a copy of the notice on display in a conspicuous place in the council’s office on the day on which the notice is displayed under paragraph (a); and (c) keeping the copy of the notice on display until after the meeting. ˙ Inspection of records by the public 17O.(1) A copy of the minutes of each meeting of an Aboriginal council— (a) must be available for inspection at its office within 21 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the office. (2) The price of a copy of confirmed minutes must not be more than—

s 18 26 s 18A Community Services (Aborigines) Regulation 1985 (a) the cost to the Aboriginal council of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage. † PART 4—FINANCIAL ADMINISTRATION † Division 1—Financial management of Aboriginal councils ˙ Community funds 18.(1) An Aboriginal council must establish and keep the following community funds— (a) a general fund; (b) a trust fund. (2) An Aboriginal council may call its general fund an operating fund. (4) Subject to section 24 of the Act moneys shall not be paid out of a bank account conducted in respect of a community fund except by cheque signed by any 2 of the following— (a) the clerk; (b) the chairperson of the Aboriginal council; (c) the deputy chairperson of the Aboriginal council. (d) an employee of the council authorised by a resolution of the council. ˙ Financial administration procedures 18A.(1) The Minister, after consulting with the auditor-general, must by 30 June 1991 publish a set of Aboriginal and Islander Council Accounting Standards.

s 18AA 27 Community Services (Aborigines) Regulation 1985 s 18AA (1A) The Minister, after consulting with the auditor-general may from time to time publish amendments to the accounting standards, which amendments will take effect on the date of that publication. (2) Every Aboriginal council, after consulting with the auditor-general or a person appointed by the auditor-general under section 32C of the Act, must produce an administration and financial procedures manual by 31 December 1992. (2A) The manual must set out accounting and financial procedures which, by force of this section, will apply to the administration of the council’s finances after those procedures take effect. (3) The manual will take effect upon the signing of a certificate for that purpose by the chairperson. (4) The manual may be amended from time to time and the amended portion of the manual will take effect on the signing of a certificate for that purpose by the chairperson. (5) The manual must not be inconsistent with the accounting standards, and the manual is to the extent of any inconsistency with the standards, invalid. ˙ Financial information to be presented to post-election meeting 18AA.(1) The clerk of an Aboriginal council must, at a post-election meeting, present to the council a document about its financial operations and financial position. (2) The document must— (a) relate to the council’s financial operations for the previous financial year; and (b) relate to the council’s financial operations for the financial year in which the meeting is held to the latest day to which the document can reasonably be compiled; and (c) contain an estimate of the council’s financial operations from the day to which the document is prepared to the end of the financial year in which the meeting is held.

s 18B 28 Community Services (Aborigines) Regulation 1985 s 20 ˙ Approved forms for annual financial statements 18B. When the chief executive of the department approves a form to be used under section 32A of the Act, the chief executive must have regard to— (a) the need to provide for full disclosure of an Aboriginal council’s financial operations during a financial year; and (b) the accounting standards. ˙ General fund of Aboriginal council 19.(1) An Aboriginal council’s general fund must consist of all of its assets and liabilities, other than its trust money. (2) The council must keep a bank account for its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 bank account within its general fund. ˙ Trust fund of Aboriginal council 20.(1) An Aboriginal council must credit any trust money it receives to its trust fund. (2) An amount credited to the trust fund must be applied— (a) in payment to or for the person entitled to the amount according to law; or (b) as required by the Act under which the amount was paid to the trust fund. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the amount was credited has ceased to exist. (4) An Aboriginal council must keep a separate bank account for its trust fund.

s 21 29 s 22A Community Services (Aborigines) Regulation 1985 † Division 2—Financial administration for Aboriginal Co-ordinating Council ˙ Community funds of Aboriginal Co-ordinating Council 21.(1) The Aboriginal Co-ordinating Council must establish and keep the following funds— (a) a general fund; (b) if the council receives trust money—a trust fund. (2) The council may call its general fund an operating fund. ˙ General fund of Aboriginal Co-ordinating Council 22.(1) The Aboriginal Co-ordinating Council’s general fund must consist of all of its assets and liabilities, other than its trust money. (2) The council must keep a bank account for its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 bank account within its general fund. ˙ Trust fund of Aboriginal Co-ordinating Council 22A.(1) If the Aboriginal Co-ordinating Council is required to keep a trust fund under section 21(1)(b), it must credit any trust money it receives to the trust fund. (2) An amount credited to the trust fund must be applied in payment to or for the person entitled to the amount according to law. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the amount was credited has ceased to exist. (4) The council must keep a separate bank account for its trust fund.

s 23 30 s 24 Community Services (Aborigines) Regulation 1985 † PART 5—ABORIGINAL COURTS ˙ Forms, procedures and enforcement of decisions of Aboriginal Courts 23.(1) Subject to the Act, the procedures for and the enforcement of decisions of an Aboriginal Court shall be— (a) where but for the Act an action would be brought in the State pursuant to the provisions of the Justices Act 1886 and the Penalties and Sentences Act 1992 —in accordance with the provisions of that Act; (b) where but for the Act an action would be brought in the State pursuant to the provisions of the Magistrates Courts Act 1921 —in accordance with the provisions of that Act. (2) An Aboriginal council may from time to time appoint an Aboriginal resident of the area governed by it to be a clerk of the Aboriginal Court for the area for which the court is constituted. (3) For the purpose of the application of the Acts referred to in subsection (1)— (a) a reference therein to a Magistrates Court, shall be construed as being a reference to an Aboriginal Court; (b) a reference therein to a magistrate, shall be construed as being a reference to the 2 justices who constitute an Aboriginal Court; (c) a reference therein to a clerk of the court, shall be construed as being a reference to a clerk of an Aboriginal Court. ˙ Jurisdiction 24. The jurisdiction of an Aboriginal Court shall include the power to make a fine option order as if the Aboriginal Court was a Magistrates Court.

s 25 31 s 26 Community Services (Aborigines) Regulation 1985 ˙ Record of court proceedings 25. The clerk of the Aboriginal Court shall have the custody of all records and proceedings of the Aboriginal Court. † PART 6—ABORIGINAL CO-ORDINATING COUNCIL ˙ Chairperson and deputy chairperson 26.(1) At the first meeting of the newly elected Aboriginal Co-ordinating Council the members present shall elect a chairperson and a deputy chairperson from their number. (2) The office of chairperson or deputy chairperson of the Aboriginal Co-ordinating Council shall become vacant if the person elected to the position— (a) resigns as chairperson or deputy chairperson; or (b) is replaced as chairperson or deputy chairperson by the Aboriginal Co-ordinating Council in accordance with this section. (3) Subject to subsection (4), at a meeting of the Aboriginal Co-ordinating Council by resolution of the majority of the members present one of the members may be appointed to be chairperson or deputy chairperson in place of the chairperson or deputy chairperson previously appointed and then in office in which case the member so appointed shall assume office as chairperson or deputy chairperson and, subject to the Act, shall hold office until the conclusion of the next triennial election. (4) A resolution for the appointment of one of the members to be chairperson or deputy chairperson in place of the chairperson or deputy chairperson then in office shall not be passed by the Aboriginal Co-ordinating Council unless notice of intention to move such resolution is given to each of the members not less than 14 days before the date of the meeting at which the resolution is to be moved.

s 26A 32 Community Services (Aborigines) Regulation 1985 s 28 ˙ Executive committee quorum 26A. Business shall not be conducted at a meeting of the executive committee of the Aboriginal Co-ordinating Council unless a quorum of a majority of the members of the executive committee is present. † PART 7—GENERAL PROVISIONS ˙ Register of pecuniary interest disclosures 27.(1) The clerk of an Aboriginal council must keep, at the council’s office, a register of pecuniary interest disclosures. (2) If a councillor makes a pecuniary interest disclosure to a council meeting, the clerk must record particulars of the disclosure in the register within 2 days after the minutes of the meeting are confirmed. (3) The particulars must be the particulars of the disclosure recorded in the minutes of the meeting. (4) The council must— (a) keep the register open for inspection by members of the public during office hours on business days; and (b) make copies available for purchase at a price not more than the cost to the council of producing the copy and, if a copy is given to a purchaser by post, the cost of postage. ˙ Transitional provision about disqualifications to be councillor 27A. Section 8(3) or (4) does not apply to an Aborigine or Islander for a conviction, before the commencement of this section, of an offence of a type mentioned in the section. ˙ Change of name of Mitchell River Trust Area 28. The name of the trust area reserved and set apart by order in council

s 29 33 s 33 Community Services (Aborigines) Regulation 1985 published in the gazette on 5 July 1958 at pages 1788 and 1789 and amended by order in council published in the gazette on 26 July 1958 at pages 2158 and 2159 is hereby changed from ‘Mitchell River’ to ‘Kowanyama’. ˙ Assignment of name 29. The name ‘Wujal Wujal’ is hereby assigned to the trust areas reserved and set apart for the benefit of the aboriginal inhabitants of the State by orders in council published in the gazette on 31 May 1958 and 26 July 1958 at pages 1147 and 2160 respectively. ˙ Change of name of Edward River Trust Area 30. The name of the trust area reserved and set apart by order in council published in the gazette on 5 July 1958 at pages 1788 and 1789 and amended by order in council published in the gazette on 26 July 1958 at pages 2158 and 2159 is hereby changed from ‘Edward River’ to ‘Pormpuraaw’. ˙ Change of name of Cowal Creek Trust Area 31. The name of the trust area being the land granted in fee simple in trust for the benefit of Aboriginal inhabitants on the 27 October 1986, more particularly described in deed of grant of land in trust, volume N1328, folio 58, is hereby changed from ‘Cowal Creek’ to ‘Injinoo’. ˙ Change of name of Weipa Trust Area 33. The name of the trust area being the land granted in fee simple in trust for the benefit of Aboriginal inhabitants on 27 October 1988 more particularly described in deed of grant of land in trust volume N1378, folio 37 is hereby changed from ‘Weipa’ to ‘Napranum’.

34 Community Services (Aborigines) Regulation 1985 Dissolution of Injinoo Aboriginal Council and appointment of administrator 34.(1) Injinoo Aboriginal Council is dissolved. (2) Robinson Salee is appointed to discharge and exercise the functions, duties and powers the council had before its dissolution. (3) The appointment ceases on the conclusion of the fresh election of the councillors of the council to be held on 19 July 1997. (4) This section expires on 1 August 1997. 4 Direction for fresh election for Injinoo Aboriginal Council 35.(1) A fresh election of the councillors of Injinoo Aboriginal Council must be held on 19 July 1997. (2) This section expires on 1 August 1997. 4 4 These provisions have expired and are included in this reprint for informational purposes only. They will be omitted in the next reprint.

35 Community Services (Aborigines) Regulation 1985 ¡ SCHEDULE 2 † ELECTIONS section 6 (The Local Government Act 1993, chapter 5 applied to an Aboriginal council) 5 † PART 1—GENERAL ˙ Triennial elections 214. Councillors of an Aboriginal council are to be elected once every 3 years. ˙ Types of elections 215.(1) A triennial or fresh election of a councillor of an Aboriginal council is an election for the whole of the council ’s area. (2) (omitted) (3) A by-election to fill a vacancy in the office of a councillor of an Aboriginal council is an election for its area, (words omitted) for which the councillor was elected. ˙ Elections to be held on a Saturday 216. Every election for an Aboriginal council must be held on a Saturday. 5 Textual changes are indicated by italic script (other than the citations of the Electoral Acts).

36 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Dates of triennial elections 217.(1) Triennial elections are to be held on the same day as triennial elections under the Local Government Act 1993. (2) (omitted) ˙ Date of later triennial elections 218. (omitted) ˙ Date of by-elections 219.(1) A by-election to fill a vacancy in the office of a councillor of an Aboriginalcouncil is to be held on the date fixed by the returning officer for the election. (2) The date fixed must be within 2 months after the vacancy happens. ˙ Aboriginal councils responsible for expenditure for conducting elections 219A. An Aboriginal council is responsible for expenditure incurred for the conduct of an election in its (words omitted) area. † PART 2—RETURNING OFFICERS ˙ Clerk is returning officer 220.(1) The clerk of an Aboriginal council is the returning officer for every election of a councillor of the Aboriginal council . (2) This section is subject to section 221 (Appointment of returning officer in place of the clerk ).

37 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Appointment of returning officer in place of the clerk 221.(1) If the clerk considers on reasonable grounds that it is appropriate to appoint another individual as returning officer for an election, the clerk may make the appointment in the approved form. (2) An individual who is not a current employee of the Aboriginal council cannot be appointed as returning officer for an election unless the clerk — (a) has , by displaying in a conspicuous position in the Aboriginal council’s area and in other ways the clerk considers appropriate , invited expressions of interest from individuals who are suitably qualified to conduct elections; and (b) if the clerk considers it appropriate—has invited submissions for appointment as returning officer from any individual the clerk considers may be suitably qualified to conduct elections; and (c) has taken into account— (i) the individual’s qualifications to be a returning officer; and (ii) information supplied by the individual and any referees; and (iii) the cost of the individual providing the services required. (3) Subsections (4) to (6) apply if a returning officer appointed by the clerk is, for any reason, unable to perform the duties of the returning officer. (4) If possible, the returning officer must immediately inform the clerk . (5) The clerk may become the returning officer or appoint another individual to be the returning officer for the election. (6) To the extent practicable, subsection (2) applies to the appointment of a returning officer under subsection (5) who is not a current employee of the Aboriginal council . (7) If the clerk believes he or she cannot properly perform the duties of returning officer for an election because of a possible conflict of interest, the clerk must ask the Minister to appoint another individual as returning officer for the election.

38 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (8) The Minister may appoint another individual as returning officer for the election. ˙ Returning officer’s duty for by-election 222. As soon as practicable after fixing the day for holding a by-election, the returning officer must— (a) display in a conspicuous position in the Aboriginal council’s area and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut-off day for the voters roll for the by-election; and (b) take the steps required by this regulation for holding the by-election. † PART 3—VOTERS ROLL ˙ Returning officer must compile voters roll 223. The returning officer for an election for an Aboriginal council must compile the roll of persons entitled to vote at the election (the “voters roll” ). ˙ Qualification for enrolment on voters roll 224. A person is entitled to vote at an election for an Aboriginal council if the person is an elector under the Electoral Act 1992 for an electoral district, or a part of an electoral district, included— (a) (words omitted) in the area; or (b) (omitted)

39 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Cut-off day for voters roll 225. A voters roll must be compiled to 1 of the following dates— (a) (omitted) (b) for a triennial election—31 January in the year of the election; (c) for a by-election to fill a vacancy in the office of a councillor of an Aboriginal council —at least 5 days, and not more than 7 days, after the display , under section 222 (Returning officer’s duty for by-election), of notice of the day of the by-election. ˙ Use of electoral roll when practicable 226.(1) The voters roll for an election for an Aboriginal council must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— (a) (words omitted) in the area; or (b) (omitted) (2) However, the returning officer may make the changes to the electoral roll, compiled to the cut-off day for the voters roll, that are necessary because the boundaries of the area (words omitted) are not identical with the boundaries of the electoral district. ˙ Requirements of voters roll 227.(1) A voters roll for an election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (2) The returning officer must not include in a voters roll an elector’s address that, under the Electoral Act 1992 , is excluded from the publicly available part of an electoral roll.

40 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Voters roll to be open to inspection and purchase 228.(1) A voters roll for an election is open to inspection. (2) Copies of the voters roll must be available for purchase at the Aboriginal council’s office . (3) The price of a copy of the voters roll must be no more than the cost to the Aboriginal council of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. ˙ Electoral registrars to help returning officers 229. An electoral registrar under the Electoral Act 1992 must give a returning officer the assistance that the returning officer reasonably requires to compile a voters roll for an election for an Aboriginal council . † PART 4—VOTING ˙ Compulsory voting 230. Voting at an election for an Aboriginal council is compulsory and each elector is entitled to 1 vote only. ˙ System of voting 231. The system of voting at an election for a councillor is— (a) (omitted) (b) (words omitted) first-past-the-post voting.

41 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † PART 5— (omitted) † PART 6—CONDUCT OF ELECTIONS † Division 1—Preliminary ˙ Conduct of elections 236. An election must be conducted under this part. ˙ Chief executive of department may approve forms 237. (1) The chief executive of the department may approve forms for the purposes of this part. (2) However, the chief executive may only approve forms that are approved forms under the Local Government Act 1993, section 237, with any necessary changes. † Division 2—Electoral officers ˙ Returning officer 238. The returning officer for an election is responsible for its proper conduct. ˙ Assistant returning officers 238A. (omitted) ˙ Presiding officers 239.(1) The returning officer—

42 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (a) may be presiding officer at a polling booth; and (b) must appoint an adult as presiding officer at each polling booth other than the booth where the returning officer is the presiding officer. (2) A presiding officer at a polling booth is responsible for the proper conduct of the poll at the booth and for carrying out the other duties for the election that are required by the returning officer. (3) If a person is unable to act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint an adult as presiding officer at the booth while the person is unable to act. (4) An appointment under subsection (1) or (3) must be in the approved form. ˙ Issuing officers 240.(1) The returning officer, or a presiding officer with the returning officer’s approval, may appoint adults ( “issuing officers” ) to— (a) give ballot papers, declaration envelopes and declaration forms to electors; and (b) perform the other duties for the election that are required by the presiding officer. (2) The appointment must be in the approved form. (3) Anything done by an issuing officer under subsection (1)(b) is taken to be done by the returning officer or the presiding officer. ˙ Declaration by issuing officers 241. An issuing officer must make a declaration in the approved form before acting as an issuing officer.

43 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Returning officer may act through other officers 242. If— (a) the returning officer may, under this part, do anything; and (b) the returning officer authorises (words omitted) a presiding officer or issuing officer (the “authorised officer” ) to do the thing; and (c) the authorised officer does the thing; the thing is taken to have been done by the returning officer. Examples— 1. (omitted) 2. (omitted) 3. Under section 297, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. ˙ Assistant returning officer may act through certain authorised officers 242A. (omitted) ˙ Supply and use of voters rolls 243.(1) The returning officer must give to the presiding officer at each polling booth enough copies of the voters roll certified in the approved form by the returning officer. (2) An issuing officer must use a certified copy of the voters roll for taking the ballot in the election.

44 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 3—Candidates for election or appointment ˙ Qualification for nomination 244.(1) (omitted) 6 (2) A person is not disqualified from nominating for election or appointment to an Aboriginal council because the person is a member of the Legislative Assembly or an Aboriginal council employee. 7 (3) (omitted) ˙ Prohibition of dual candidature 245. (omitted) ˙ Leave to Aboriginal council employee to contest election 246.(1) An Aboriginal council employee who nominates as a candidate for election as a councillor of an Aboriginal council is entitled to leave of absence for a period of not more than 2 months to contest the election. (2) An employee may use any entitlement to accrued leave with pay as leave to which the employee is entitled under subsection (1). (3) Unless leave is taken under subsection (2), the employee is not entitled to payment of salary or wages for any period of leave taken under subsection (1). (4) (omitted) 6 See section 8 (Qualification to be a member of an Aboriginal council). 7 See section 12(h) which provides that a person cannot be a member of an Aboriginal council and hold the position of clerk, deputy clerk, finance officer, financial controller, accountant or other person (however described) whose primary responsibility is administering the council’s finances.

45 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 4—Nomination on candidates for election ˙ Calling for nominations 248. (omitted) 8 ˙ Who may nominate 249. (omitted) 9 ˙ How and when nomination is given 250. (omitted) 10 ˙ Deposit to accompany nomination 251. (omitted) 11 ˙ Special grounds for deciding a person is not properly nominated 251A. (omitted) ˙ Certificate of returning officer 252.(1) If the returning officer is satisfied a person has been properly nominated for election, the returning officer must— (a) certify the nomination, in the approved form; and 8 See section 13 (Public notice of election) which provides for public notice of an election and the calling of nominations. 9 See section 8 (Qualification to be a member of an Aboriginal council) and section 244 (Qualification for nomination). 10 See section 9 (Nomination of candidate) for the way in which the nomination of candidates for election must be made and the amount of the deposit to be paid.

46 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (b) give a copy of the certificate to the candidate. (1A) The certificate must specify the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper. (2) (omitted) (3) The returning officer is not obliged to look beyond— (a) the form of nomination and payment of the nomination fee ; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election (words omitted) ; or (ii) the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the Aboriginal council’s area. (4) If a nomination is wrongly certified by the returning officer, the certification, or the issue of a copy of the certificate, does not validate the nomination. ˙ Display of nominations 253. As soon as practicable after receipt of a nomination, the returning officer must display a copy of the nomination in a conspicuous position at the place of nomination and, if that place is not the Aboriginal council’s office , at the office. ˙ Termination of candidature before noon on nomination day 254.(1) A person nominated as a candidate for election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. (2) If this happens—

47 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (a) the nomination is of no effect; and (b) the person’s nomination fee must be refunded to the person. ˙ Death of candidate 255. If a person nominated as a candidate for election dies before noon on the nomination day— (a) the nomination is of no effect; and (b) the person’s nomination fee must be refunded to the person’s personal representative. ˙ Procedure if number of candidates not more than number required 256.(1) If the number of candidates properly nominated for election does not exceed the number required to be elected— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, display a notice in the approved form in a conspicuous position in the area of the Aboriginal council for which the election was to be held, that the nominees are taken to have been elected. (2) If— (a) no-one is nominated as a candidate for an election and the council does not make an appointment under section 11(4) of the regulation ; or (b) the number of candidates nominated is less than the number required to be elected; the Governor in Council may, by gazette notice, appoint as councillors of the Aboriginal council , the number of persons necessary to constitute fully the council . (3) Each person appointed as a councillor must be qualified to be elected as a councillor of the Aboriginal council for the council’s area for which the

48 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) election was to be held. (4) The persons appointed are taken to have been properly elected as councillors of the Aboriginal council . ˙ Procedure if number of candidates exceeds number required 257.(1) If the number of candidates properly nominated for election exceeds the number required to be elected, a poll must be conducted under this part. (2) The returning officer must give public notice that a poll will be conducted. (3) The notice must— (a) be in the approved form; and (b) specify— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 273 (Order of listing of candidates’ names); and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8 a.m. to 6 p.m.; and (c) be displayed in a conspicuous position at the place of nomination and, if that place is not the Aboriginal council’s office, at the office ; and (d) (omitted) (4) Display of a notice under subsection (3)(c) must— (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll.

49 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Supply of voters roll 258.(1) If a poll is to be conducted in the election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. (2) The copy of the roll must be certified by the returning officer in the approved form. ˙ Procedure on death of candidate when poll to be conducted 259.(1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day— (a) (words omitted) the proceedings for the election of the councillors must start again; and (b) (omitted) (c) (omitted) (2) The deceased candidate’s nomination fee must be refunded to the candidate’s personal representative. (3) The nomination fees of other candidates must be refunded to the candidates. (4) Despite subsection (1), the Minister may, by gazette notice, direct that proceedings for holding an election of all councillors of the Aboriginal council start again. (5) If proceedings are started again, the Minister must, by gazette notice, fix a new polling day for the election. ˙ Disposal of nomination fees generally 260.(1) As soon as practicable after the declaration of the result of a poll, each candidate’s nomination fee must be refunded to the candidate if— (a) the candidate is elected; or (b) (omitted)

50 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (c) (words omitted) the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (1A) (omitted) (2) All other candidates’ nomination fees become the property of the Aboriginal council and must be paid into its general fund. ˙ If successful candidate dies 261. If a candidate who is successful at the election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate. ˙ Extension of times 262.(1) This section applies if— (a) a nomination day is specified (words omitted) for the election; or (b) a polling day is specified under section 257 (Procedure if number of candidates exceeds number required) for the election. (2) The Minister may, by gazette notice, fix a later day as the nomination or polling day. (3) The returning officer must display a notice in a conspicuous position in the area of the Aboriginal council for which the election is to be held giving any necessary directions to candidates for election, and to electors, about the procedures to be followed.

51 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 5— (omitted) † Division 6—Polling booths ˙ Polling booths—general 265.(1) A place on or from which liquor may lawfully be sold cannot be used as a polling booth. (2) However, a civic or cultural centre, community hall or similar place under the Aboriginal council’s control, may be used as a polling booth if— (a) the floor area for taking the ballot is designated in the notice of the conduct of the poll under section 257 (Procedure if number of candidates exceeds number required); and (b) the council ensures that no liquor will be sold or supplied in that area during the taking of the ballot. (3) The returning officer— (a) may arrange for a polling booth within or outside the council’s area to be used in an election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. (4) (omitted) ˙ Provision of ordinary polling booths 266.(1) For the purpose of taking a ballot in the election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote.

52 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (2) The returning officer may— (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer’s control. (3) If, after publication of the notice under section 257 (Procedure if number of candidates exceeds number required), the returning officer arranges for the use of an ordinary polling booth, the officer must give public notice— (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8 a.m. to 6 p.m. (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must give public notice of the cancellation. (5) Notice under subsection (3) or (4) must be given in the way that the returning officer considers is the best way to inform electors generally. ˙ Declaration of mobile polling booths 267.(1) If the returning officer is satisfied residents in an institution should be able to vote at the institution in a poll, the returning officer may arrange for the whole or a part of the institution to be available as a mobile polling booth to enable residents in the institution to vote there in the poll. (2) If the returning officer is satisfied a part of the Aboriginal council’s area does not have enough electors to justify the use of an ordinary polling booth in the part, the returning officer may arrange for the whole or part of any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll. (3) If the returning officer acts under subsection (1) or (2), the officer

53 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) must fix the times, during the period starting 11 days before the polling day and ending at 6 p.m. on the polling day, when the mobile polling booth may be used for voting. (4) The returning officer must, by displaying a notice in a conspicuous position in the relevant part of the council’s area— (a) declare the whole or part of the relevant institution or place as a mobile polling booth for the election; and (b) specify the times at which votes may be cast at the booth. (5) The notice must be in the approved form. (6) The returning officer also must give written notice to the candidates for election of the declaration of the mobile polling booth and the times at which votes may be cast at the booth. (7) On the declaration of a mobile polling booth for an election, the electors resident in the relevant institution or the electors resident in the part of the council’s area in which the booth is situated, may vote in the election at the booth during the times specified for the booth in the notice displayed under subsection (4). ˙ Duty of person in charge of institution 268.(1) If the returning officer arranges for the whole or part of an institution to be used as an ordinary polling booth, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth. (2) If the returning officer declares the whole or part of an institution as a mobile polling booth, the person in charge of the institution must allow residents in the institution and issuing officers to have access to the booth whenever votes may be cast at the booth. ˙ Privacy of voting 269. The returning officer must ensure that each polling booth is

54 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) provided with enough voting compartments, or other adequate facilities, to allow the casting of votes in private. † Division 7—Ballot boxes, papers and other documents ˙ Ballot boxes generally 270.(1) A ballot box used in a poll must be under the scrutiny and effective control of an issuing officer. (2) A ballot box must— (a) have an opening of a size sufficient to allow folded ballot papers and declaration envelopes to be put in the box; and (b) be open to inspection by issuing officers, candidates for election at the poll, and scrutineers properly appointed for the poll, before the box is locked or sealed for receipt of ballot papers. ˙ Requirements of ballot papers 271.(1) If a poll is to be conducted, the returning officer must arrange for the printing of all ballot papers to be used in taking the ballot in the poll. (2) A ballot paper must— (a) be in the approved form; and (b) be of material that, when folded, the vote cast by the elector on the paper is effectively concealed; and (c) be attached to a butt that— (i) is not part of the ballot paper; and (ii) is perforated to allow the ballot paper to be easily detached from the butt; and (iii) is numbered in regular arithmetical sequence, starting with the numeral 1 and proceeding by intervals of one whole numeral, so that each butt for the area of the Aboriginal

55 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) council for which the poll is conducted has a unique number; and (d) show the name of each candidate for election as required by subsection (3); and (e) if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—must contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and (f) (omitted) (3) A ballot paper must— (a) contain the name of each candidate once only by showing first the surname followed by the given name or names; and (b) show the names of the candidates in the order decided under section 273 (Order of listing of candidates’ names). (4) A ballot paper must not contain anyone else’s name. ˙ Separate ballot papers for separate polls 272.(1) This section applies if a poll for the election of chairperson of the Aboriginal council is to be conducted when a poll for election of another councillor of the Aboriginal council is conducted. (2) One ballot paper must be used in both polls, unless the council , by resolution, instructs the returning officer that separate ballot papers be printed for use in the polls. (3) The returning officer must comply with the instruction. ˙ Order of listing of candidates’ names 273.(1) The order in which names of candidates for election are to be listed on ballot papers and notices under section 257 (Procedure if number of candidates exceeds number required) is to be decided under this section. (2) The order must be decided by the returning officer as soon as

56 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) practicable after noon on the nomination day. (3) The returning officer must, in the presence of 2 witnesses— (a) write the name of each candidate on a separate sheet of paper; and (b) ensure that each piece of paper is of the same kind, shape, size and colour; and (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and (e) after each piece of paper has been placed in an envelope, seal the envelope; and (f) put all the envelopes in a container and shuffle them; and (g) draw out the envelopes, 1 at a time; and (h) as each envelope is drawn out, open it and record the name of the candidate shown on the piece of paper in the envelope. (4) The order in which the names are recorded is the order in which the names are to appear on the ballot paper and notices under section 257 (Procedure if number of candidates exceeds number required). (5) The returning officer must allow each candidate, or the candidate’s representative, to be present when the order of candidates’ names is decided. ˙ Distribution of ballot papers 274.(1) The returning officer must ensure a sufficient number of ballot papers is available at all polling booths. (2) The returning officer must prepare a delivery note in the approved form in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths.

57 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (3) The approved form must— (a) show details of the number of ballot papers supplied; and (b) show the range of numbers of the ballot papers; and (c) include a form of acknowledgment of receipt of the ballot papers. (4) Two copies of the delivery note must be included in the parcel of ballot papers. (5) As soon as practicable after a presiding officer receives a parcel of ballot papers, the presiding officer must— (a) check the contents against the details shown in the delivery note; and (b) complete the particulars prescribed by the delivery note; and (c) sign the form of acknowledgment included in the delivery note. (6) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by— (a) if another presiding officer is available—the other presiding officer; or (b) if another presiding officer is not available—a responsible person. (7) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgment and the form must be signed by the presiding officer and the person who made the countercheck. (8) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 308 (Preliminary counting by presiding officer). ˙ Correction of errors etc. 275. Any error, omission or delay in respect of any voters roll, ballot papers or other document to be used in a poll may be corrected by procedures directed by the Minister , by gazette notice.

58 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 8—Scrutineers ˙ Candidates’ entitlement to scrutineers 276. A candidate for election is entitled to have 1 scrutineer present for each issuing officer at a polling booth or at a place for examination of declaration envelopes or counting of votes— (a) before and at all times when electors may vote in the booth; and (b) at all times during the examination or counting. ˙ Appointment of scrutineers 277.(1) A candidate for election may, in the approved form, appoint adults as scrutineers for the candidate. (2) On appointment, a scrutineer must make a declaration in the approved form before the returning officer or a presiding officer. ˙ Proof of identification 278. A scrutineer must— (a) carry evidence of identification and of the person’s appointment as a scrutineer; and (b) on demand, produce the evidence to an issuing officer. ˙ Powers of scrutineers 279.(1) A scrutineer for a candidate for election is entitled to be present— (a) in a polling booth—before taking the ballot in the poll starts to inspect ballot boxes; and (b) in a polling booth and any office of the presiding officer at the booth—when electors may vote in the booth; and (c) in a polling booth or other place—to watch the examination of

59 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) declaration envelopes and counting of votes. (2) A scrutineer may— (a) object to an issuing officer’s decision on a person’s entitlement to vote at the election; and (b) object to the acceptance or rejection of a ballot paper by the returning or presiding officer; and (c) record details of persons who vote at the election at a polling booth and remove the record from the booth. † Division 9—Voting generally ˙ Who may vote 280.(1) Only electors may vote in a ballot taken in a poll. (2) The returning officer must not vote in the election. ˙ When votes may be cast at an ordinary polling booth or mobile polling booth 281.(1) Voting at an ordinary polling booth must take place between 8 a.m. and 6 p.m. on polling day. (2) However, an elector who is in an ordinary polling booth at 6 p.m. on polling day, for the purpose of voting in the poll, must be allowed to vote. (3) Voting at a mobile polling booth must take place during the times fixed for the booth by the returning officer. (4) However, an elector who is in a mobile polling booth at the time of the close of voting at the booth, for the purpose of voting in the poll, must be allowed to vote.

60 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Procedure for voting at a polling booth 282.(1) Subject to section 284 (Arrangements for electors with disability) (words omitted) , an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section. (2) The elector must enter a polling booth for the Aboriginal council’s area during voting hours at the booth. (3) In the polling booth, the elector must give the elector’s full name and address to an issuing officer. (4) If the elector— (a) has a ballot paper and declaration envelope for the election; and (b) does not intend to cast a declaration vote; the elector must return the ballot paper and declaration envelope to the issuing officer. (5) The issuing officer must give a ballot paper to a person asking for it if the issuing officer is satisfied the person is entitled to vote at the election. (6) The issuing officer may ask a person questions to decide whether the person is entitled to vote at the election. (7) If, because of the answers to the questions— (a) the issuing officer is satisfied the person is an elector mentioned in section 290(a), (b) or (c) (Who must cast a declaration vote in ordinary elections); or (b) the issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election; the person may only cast a declaration vote. (8) The issuing officer must place a mark, in ink, on the officer’s copy of the voters roll against the name of each person given a ballot paper by the officer. (9) An issuing officer who gives a ballot paper to a person must, if asked by a scrutineer, keep a record of the objection by the scrutineer to the entitlement of the person to vote.

61 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (10) On being given the ballot paper, the elector must, without delay— (a) go alone into an unoccupied voting compartment in the polling booth; and (b) there, in private, mark a vote on the ballot paper in accordance with division 11 (Marking of ballot papers); and (c) fold the ballot paper, concealing the vote, and put it in the appropriate ballot box in the polling booth; and (d) leave the polling booth. ˙ Duties of issuing officer for returned papers 283.(1) An issuing officer must— (a) record in the approved form the giving of a ballot paper to a person who has returned a ballot paper and declaration envelope to the officer under section 282(4) (Procedure for voting at a polling booth); and (b) attach to the form all ballot papers and declaration envelopes returned to the officer; and (c) give the form and the attached documents to the presiding officer. (2) The presiding officer must set aside the form and attached documents in the officer’s custody for separate identification under section 308(1)(g)(ii) (Preliminary counting by presiding officer). ˙ Arrangements for electors with disability 284.(1) This section applies if an elector cannot enter a polling booth because of illness, disability or advanced pregnancy, but is able to come to a place (the “voting place” ) close to the polling booth. (2) The issuing officer may perform the issuing officer’s functions, and the elector may vote at the voting place, as if it were the polling booth. (3) However, the issuing officer must—

62 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (a) before taking any action under subsection (2), inform the scrutineers present of the proposed action; and (b) allow 1 scrutineer for each candidate to be present at the voting place; and (c) ensure that after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put in an envelope or, if the vote is a declaration vote, a declaration envelope; and (d) seal the envelope; and (e) if— (i) the vote is a declaration vote—put the sealed declaration envelope in the appropriate ballot box inside the polling booth; or (ii) if the vote is not a declaration vote—open the envelope inside the polling booth in the presence of any scrutineers, ensuring the ballot paper remains folded, and put the folded ballot paper in the appropriate ballot box. (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 294 (How declaration vote may be cast at a polling booth) is complied with when the elector votes; or (b) for another vote—section 282 (Procedure for voting at a polling booth) is complied with when the elector votes. (5) Subsections (2) and (3) apply to all types of voting under this division. ˙ Arrangements for electors at institutions 285.(1) If a polling booth is an institution or part of an institution, an issuing officer may visit electors resident in the institution, or part of the institution, for the purpose of enabling them to vote.

63 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (2) Before taking action under subsection (1), the issuing officer must inform the scrutineers present of the proposed action. (3) When visiting an elector in an institution, the issuing officer must— (a) take to the elector— (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 294 (How declaration vote may be cast at a polling booth) is complied with when the elector votes; or (b) for another vote—section 282 (Procedure for voting at a polling booth) is complied with when the elector votes. ˙ Arrangements for electoral visitor voting 286. (omitted) ˙ Help for electors in voting 287.(1) If an elector satisfies an issuing officer that the elector cannot vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, or be otherwise helped, by someone chosen by the elector. (2) The person may help the elector in any of the following ways— (a) if asked by the elector—stating the names of candidates; (b) acting as interpreter;

64 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (c) explaining the ballot paper and the requirements of division 11 (Marking of ballot papers) about its marking; (d) marking, or helping to mark, the ballot paper in the way the elector wishes; (e) folding the ballot paper and putting it into a ballot box or a declaration envelope; (f) sealing a declaration envelope or putting it into a ballot box. (3) Subsections (1) and (2) apply to all types of voting. (4) This section applies despite any of the following provisions— • section 282(10) (Procedure for voting at a polling booth) • section 294 (How declaration vote may be cast at a polling booth) • section 297 (Casting a declaration vote by post). ˙ Adjournment of poll 288.(1) If the conduct of a poll is, or is likely to be, obstructed or interrupted from any cause, the returning officer may adjourn the conduct of the poll generally or at a particular polling booth. (2) If the conduct of a poll at a particular polling booth is, or is likely to be, obstructed or interrupted from any cause, the presiding officer at the booth may adjourn the conduct of the poll at the booth. (3) If a poll is adjourned under subsection (1) or (2), the returning officer must fix a day (not later than 34 days after the day on which the poll is adjourned) for conducting the adjourned poll. (4) The returning officer must give public notice of the day fixed— (a) by displaying a notice in a conspicuous position in the relevant part of the Aboriginal council’s area; and (b) in other ways the returning officer considers appropriate.

65 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 10—Declaration voting ˙ Who may cast a declaration vote 289. The following electors may cast a declaration vote— (a) an elector who, during ordinary voting hours on polling day, will not be within 8 km, by the nearest practicable route, from a polling booth; (b) an elector who, during ordinary voting hours on polling day, will be working or travelling under conditions that prevent voting at a polling booth; (c) an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; (d) an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth; (e) an elector who, because of membership of a religious order or because of religious beliefs, will be prevented from voting at a polling booth for all, or most, of the ordinary voting hours on polling day; (f) an elector who, on polling day, will be serving a sentence of imprisonment, or under other detention; (g) an elector whose address has been omitted from a voters roll— (i) because of the Electoral Act 1992 , section 58; or (ii) under an arrangement under the Electoral Act 1992 , section 62 because of the Electoral Act 1918 (Cwlth), section 104. ˙ Who must cast a declaration vote in ordinary elections 290. In an election (words omitted) , the following persons must cast a declaration vote—

66 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (a) an elector whose name is not on the voters roll apparently because of an official error; (b) an elector who is not enrolled on the voters roll, but is entitled to be enrolled, because of the Electoral Act 1992 , section 64(1)(a)(ii); (c) an elector who appears, from a record apparently made in error, to have already voted in the election; (d) a person who is given a ballot paper and declaration envelope for voting because an issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election. ˙ Declaration voting for postal ballot elections 291. (omitted) ˙ How declaration vote is cast 292. Subject to section 282 (Procedure for voting at a polling booth), an elector who may or must make a declaration vote must cast the vote by— (a) if the elector cannot enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting at that place; or (b) going to a polling booth in the Aboriginal council’s area during voting hours at the booth and following the procedures set out in section 294 (How declaration vote may be cast at a polling booth); or (c) going to the council’soffice before polling day and following the procedures set out in section 298 (Declaration voting before polling day); or (d) if the elector is an elector mentioned in section 289 (Who may cast a declaration vote) (words omitted) —using the ballot paper and declaration envelope given to the elector by the returning

67 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) officer, and following the procedures set out in section 297 (Casting a declaration vote by post). ˙ Distribution of ballot papers to electors who may or must cast declaration vote 293.(1) An elector mentioned in section 289 (Who may cast a declaration vote) may apply to the returning officer, or a presiding officer for the election, for a ballot paper and a declaration envelope. (2) The application must be in the approved form. (3) The returning officer or presiding officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant if— (a) the application is received by the officer not later than 6 p.m. on the Thursday before polling day; and (b) the officer is satisfied the applicant is entitled to vote and make the application. (4) If the returning officer or presiding officer is satisfied the applicant is an elector mentioned in section 290 (Who must cast a declaration vote in ordinary elections), the officer— (a) must not give a ballot paper to the applicant; but (b) must give to the applicant an approved declaration form. (5) If the returning officer or presiding officer is satisfied the applicant has properly completed the declaration form, the officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant. (6) The things given to an applicant under subsection (3) or (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer and bearing the words Ballot paper— (words omitted) ( insert name of Aboriginal council’s area)’.

68 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (7) The returning officer may give things to be given to an applicant under subsection (3) or (5) by posting the things to the applicant’s address stated in the voters roll, an electoral roll mentioned in the Electoral Act 1992 , section 58(5), 11 the application or the declaration form. Example of addresses— An applicant’s address could be stated as a residential address, post office box number, mail service number or in another appropriate way. (8) If things mentioned in subsection (6) are posted to an address outside Australia, the envelope mentioned in subsection (6) need not be reply paid. ˙ How declaration vote may be cast at a polling booth 294.(1) An elector who must cast a declaration vote (words omitted) may cast the vote by— (a) entering a polling booth in the Aboriginal council’s area during voting hours at the booth; and (b) completing the declaration form given to the elector by an issuing officer. (2) If the issuing officer is satisfied the elector has properly completed the declaration form, the officer must give a ballot paper and the approved declaration envelope to the elector. (3) On being given the ballot paper and the declaration envelope, the elector must, without delay— (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and (b) go alone into an unoccupied voting compartment in the polling booth; and (c) there, in private, mark a vote on the ballot paper in accordance 11 An electoral roll mentioned in the Electoral Act 1992 , section 58(5) may be in a form other than a printed form.

69 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) with division 11 (Marking of ballot papers); and (d) fold the ballot paper, put it in the envelope and seal the envelope; and (e) put the sealed envelope in the appropriate ballot box in the polling booth; and (f) leave the polling booth. ˙ Distribution of ballot papers to electors for postal ballot election 295. (omitted) ˙ Record of ballot papers given to postal voters 296. The issuing officer who gives a ballot paper and declaration envelope under section 293 (Distribution of ballot papers to electors who may or must cast declaration vote) (words omitted) must— (a) keep a record of the ballot paper and envelope given; and (b) sign the record. ˙ Casting a declaration vote by post 297.(1) An elector who has received a ballot paper and declaration envelope under section 293 (Distribution of ballot papers to electors who may or must cast declaration vote) (words omitted) must, before 6 p.m. on polling day— (a) sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness; and (b) in private, mark a vote on the ballot paper in accordance with division 11 (Marking of ballot papers); and (c) fold the ballot paper, put it in the declaration envelope and seal the envelope; and (d) put the sealed declaration envelope containing the ballot paper in

70 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) the prepaid post envelope mentioned in section 293(6) (words omitted) and post or give the envelope to the returning officer for the election. (2) On receipt of the sealed envelope, the returning officer must put it in the appropriate ballot box. ˙ Declaration voting before polling day 298.(1) The returning officer must declare at least 1 of the following places as a polling booth to enable electors entitled to cast a declaration vote under section 289 (Who may cast a declaration vote) to cast a vote at the election before polling day— (a) the Aboriginal council’s office, or a part of the office ; or (b) (omitted) (c) another convenient place in the Aboriginal council’s area. (2) An elector mentioned in subsection (1) may, at any time during the relevant election period when the council’s office is open for the conduct of business, ask an issuing officer at the office for a ballot paper. (3) Subject to section 282(5) to (7) (Procedure for voting at a polling booth), the issuing officer must comply with the request. (4) An elector who wishes to vote under subsection (1)— (a) must complete and sign the approved application form; and (b) must comply with section 282; and (c) need not complete a declaration envelope. (5) If an elector is an elector who must cast a declaration vote under section 290 (Who must cast a declaration vote in ordinary elections), the elector— (a) must complete and sign the approved application form and declaration form; and (b) on being given a ballot paper and the approved declaration envelope, must comply with section 294(3) (How declaration

71 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) vote may be cast at a polling booth) without delay. (6) In subsection (2)— “relevant election period” means the period— (a) not earlier than— (i) 14 days before polling day; or (ii) the longer period that the returning officer fixes and notifies by displaying a notice in a conspicuous position in the Aboriginal council’s area; and (b) not later than 6 p.m. on the day before polling day. ˙ Distribution of declaration envelopes when separate ballot papers or polls on same day 298A.(1) This section applies if an Aboriginal council — (a) under section 272, 12 instructs the use of separate ballot papers in polls for elections of the chairperson and another councillor conducted on the same day; or (b) (omitted) (2) In the conduct of the polls— (a) only 1 declaration envelope may be distributed to a declaration voter with the ballot papers for use in the polls; and (b) this part, other than this section, applies (with any necessary changes) as if the references to the distribution, marking and other dealing with a ballot paper were a reference to all or each of the ballot papers in the polls, as the case requires. 12 Section 272 (Separate ballot papers for separate polls)

72 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 11—Marking of ballot papers ˙ Optional-preferential voting 299. (omitted) ˙ First-past-the-post voting 300.(1) (words omitted) A vote is validly cast if the elector votes in accordance with this section. (2) For an election of chairperson , the elector must mark on the ballot paper the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers. (3) For an election of other councillors, the elector must mark on the ballot paper— (a) if 1 candidate is to be elected—the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or (b) if 2 or more candidates are to be elected— (i) the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and (ii) the numeral 2, or the numerals 2, 3 and so on (in regular arithmetical sequence by intervals of 1 whole numeral), as the case may be, in the squares opposite the names of the other candidate or candidates for whom the elector wishes to vote, up to the number of candidates to be elected.

73 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 12—Replacement ballot papers ˙ Use of replacement ballot papers 301.(1) If, while voting at a polling booth or voting under section 284 (Arrangements for electors with disability) (words omitted) , a ballot paper given to an elector is accidentally defaced or destroyed, an issuing officer must give to the elector a replacement ballot paper for use in the poll. (2) However, before a replacement ballot paper can be given— (a) the ballot paper it replaces (the “replaced ballot paper” ) must not have been already put in a ballot box in use in the poll; and (b) the elector must declare, in the approved declaration form, before the issuing officer that— (i) the replaced ballot paper has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (c) if the replaced ballot paper has been accidentally defaced—the elector must give the defaced ballot paper to the issuing officer; and (d) if the replaced ballot paper has been accidentally destroyed—the elector must give to the issuing officer, if practicable, the remains of the ballot paper; and (e) the issuing officer must put the defaced ballot paper, or any remains of the destroyed ballot paper, in an envelope, seal the envelope and set it aside in the officer’s custody for separate identification under section 308(1)(g)(ii) (Preliminary counting by presiding officer). (3) If a ballot paper given to an elector under section 293 (Distribution of ballot papers to electors who may or must cast declaration vote) (words omitted) is lost in transit or is accidentally defaced or destroyed, the returning officer for the election must, before 6 p.m. on polling day, give to the elector a replacement ballot paper and the approved declaration envelope

74 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) for use in the election. (4) However, before a replacement ballot paper can be given— (a) the elector must declare, in the approved declaration form, before the issuing officer or an adult witness that— (i) the ballot paper it replaces (the “replaced ballot paper” ) has not been received by the elector or has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (b) if the replaced ballot paper has been accidentally defaced—the elector must put the defaced ballot paper into the elector’s original declaration envelope or a replacement declaration envelope, seal the envelope and give the envelope to the issuing officer; and (c) if the replaced ballot paper has been accidentally destroyed—the elector must, if practicable, put the remains of the destroyed ballot paper into the elector’s original declaration envelope or a replacement declaration envelope, seal the envelope and give the envelope to the issuing officer; and (d) the issuing officer must set aside the elector’s declaration envelope in the officer’s custody for separate identification under section 308(1)(g)(ii) (Preliminary counting by presiding officer). (5) The returning officer must record, in the approved form, the name and place of residence of each person to whom a replacement ballot paper is given. (6) If a replacement ballot paper is used for voting— (a) the voting must take place under the appropriate provisions of division 9 (Voting generally) or 10 (Declaration voting); and (b) the vote cast must be dealt with under the appropriate provisions of division 14 (Counting of votes).

75 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) † Division 13—Effect of ballot papers ˙ Effect of ballot papers—optional-preferential voting 302. (omitted) ˙ Effect of ballot papers—first-past-the-post voting 303.(1) (omitted) (2) For a ballot paper to have effect as recording a vote in the election— (a) the ballot paper— (i) must be completed in accordance with section 300 (First-past-the-post voting); or (ii) must contain writing or marking indicating the elector’s intended preference, or intention to vote for any particular candidate or candidates; and (b) the ballot paper must not contain any writing or mark (other than one authorised by this part) by which the elector can, in the returning officer’s opinion, be identified; and (c) the ballot paper must have been put in the appropriate ballot box as required by this part; and (d) for a ballot paper put into a declaration envelope as required by section 297 (Casting a declaration vote by post)— (i) section 297(1) must have been complied with; and (ii) if the elector is an elector mentioned in section 289 or 290 13 or an applicant who is given an approved declaration form under section 293(4) 14 (words omitted), and the declaration 13 Section 289 (Who may cast a declaration vote) or 290 (Who may cast a declaration vote in ordinary elections) 14 Section 293 (Distribution of ballot papers to electors who may or must cast declaration vote)

76 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) on the envelope is witnessed by a person other than an issuing officer—the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 293 (words omitted) ; and (iii) if the declaration envelope is posted to the returning officer—it must be received by the returning officer within 10 days after polling day. (3) A ballot paper must not be rejected merely because it indicates the elector’s intention to vote for a number of candidates greater than the number to be elected. ˙ Posted vote presumed valid until contrary proved 304. If a declaration envelope and ballot paper to which section 297 (Casting a declaration vote by post) applies is received by a returning officer by post, it must be presumed the provisions of section 297(1) have been complied with in relation to the declaration on the envelope until the contrary is proved. ˙ Formal and informal ballot papers 305.(1) A ballot paper that has effect to record a vote is a formal ballot paper. (2) A ballot paper that has no effect to record a vote is an informal ballot paper. ˙ Ballot paper partly formal and partly informal 306.(1) This section applies if— (a) an election for chairperson and an election for the other councillors of the Aboriginal council are held at the same time and 1 ballot paper is used for both elections; and (b) the ballot paper, as completed for an election, is informal but, as completed for the other election, is formal.

77 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (2) The informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 14 (Counting of votes). † Division 14—Counting of votes ˙ Votes to be counted in accordance with this division 307. Votes cast in an election are to be counted as required by this division. ˙ Preliminary counting by presiding officer 308.(1) As soon as practicable after the end of ordinary voting hours on polling day, the presiding officer for a polling booth, at a place nominated by the presiding officer, in the presence of another issuing officer and any candidates and scrutineers who wish to attend, must— (a) open all ballot boxes used at the polling booth; and (b) identify, and keep in a separate parcel, all declaration votes; and (c) examine all ballot papers that are not in declaration envelopes, and— (i) identify, and keep in a separate parcel, all informal ballot papers; and (ii) (words omitted) count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and (iii) (omitted) (d) prepare a written statement in duplicate in the approved form that— (i) sets out, in words and numerals, the number of votes for each candidate (words omitted) ; and

78 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (ii) sets out the number of declaration envelopes and informal ballot papers; and (iii) is signed by the presiding officer, and the issuing officer and any scrutineers who are present and wish to sign; and (e) seal up in separate parcels all formal and informal ballot papers, declaration envelopes and unused ballot papers; and (f) endorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement; and (g) put into separate parcels— (i) the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under paragraph (d); and (ii) all ballot papers or remains of ballot papers set aside, under section 283(2) (Duties of issuing officer for returned papers) or 301(2)(e) or (4)(d) (Use of replacement ballot papers), for separate identification; and endorse on each parcel a description of its contents; and (h) endorse on each parcel— (i) the name of the area of the Aboriginal council for which the election was held; and (ii) the name of the polling booth from which the parcel has come; and (i) sign each endorsement. (2) The presiding officer must then, if the officer is not the returning officer, give to the returning officer, or to a person nominated by the returning officer, as soon as practicable— (a) the parcels mentioned in subsection (1); and (b) the copy of the statement prepared under subsection (1)(d) (other than the copy mentioned in subsection (1)(g)); and

79 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (c) a reconciliation statement in the approved form for all ballot papers given out at the presiding officer’s polling booth and all votes put in ballot boxes at the booth. (3) The returning officer or other person who receives things from the presiding officer under subsection (2) must give to the presiding officer a receipt for the things. (4) The presiding officer may do anything required under subsection (1) or (2) through an issuing officer authorised by the presiding officer for that purpose. Example for subsection (4)— An issuing officer could be authorised to sort and bundle ballot papers and prepare a reconciliation statement for the presiding officer. ˙ Preliminary processing of declaration votes by returning officer 309.(1) After 8 a.m. on polling day, the returning officer may open all ballot boxes containing only declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. (2) As soon as practicable after 6 p.m. on polling day, the returning officer may open all other ballot boxes containing declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. (3) As soon as practicable after receipt by the returning officer of a parcel of declaration votes from a polling booth, the returning officer may open the parcel and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. ˙ Procedure for processing declaration envelopes 310.(1) The returning officer must inform all candidates for election of the times when, and the places where, declaration envelopes will be examined by the returning officer and allow them, or their scrutineers, to attend at the processing of declaration votes.

80 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (2) On examining the declaration envelopes, if the returning officer is satisfied the declaration has been properly completed, the envelope is sealed and the declarant on the envelope is entitled to cast a declaration vote, the returning officer must— (a) detach the elector’s declaration from the envelope; and (b) either— (i) place a mark in ink against the declarant’s name on the voters roll; or (ii) if the voters roll is kept in an electronic form—record in a way approved by the returning officer that the declarant has voted; and (c) place the envelope containing the ballot paper (the “accepted envelope” ) in a locked or sealed ballot box; and (d) keep the accepted envelope in the ballot box until dealt with under subsection (3) or section 311. 15 (3) The returning officer may take the accepted envelopes from the locked or sealed ballot box and remove the ballot papers from the envelopes, without unfolding them, or allowing anyone else to unfold them, and keep them in a locked or sealed ballot box until dealt with under section 311. 16 (4) The returning officer must— (a) put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 309(2) (Preliminary processing of declaration votes by returning officer) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and (b) keep them there until they are dealt with in the official counting of votes. 15 Section 311 (Official counting of votes) 16 Section 311 (Official counting of votes)

81 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (5) If a declaration envelope is rejected, the returning officer must set it aside in the officer’s custody for separate identification. (6) The returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification, all rejected declaration envelopes, accepted envelopes from which ballot papers have been removed and electors’ declarations that have been removed from declaration envelopes. ˙ Official counting of votes 311.(1) As soon as practicable after close of the poll in an election, the returning officer must follow the procedures set out in this section, in the presence of candidates for election, or scrutineers, who wish to attend. (2) First, the returning officer must ascertain from the presiding officers’ statements under section 308(2) (Preliminary counting by presiding officer)— (a) ( words omitted ) the number of votes cast for each candidate; or (b) (omitted) (3) Second, the returning officer must— (a) open all sealed parcels of ballot papers given to the returning officer under section 308(2); and (b) examine all ballot papers that are not in declaration envelopes and— (i) (words omitted) count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or (ii) (omitted) (4) Third, the returning officer must— (a) open all other ballot boxes on hand; and

82 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (aa) open all accepted envelopes mentioned in section 310(2)(d) 17 that have not yet been opened and remove the ballot papers; and (b) identify, and keep in a separate parcel, all informal ballot papers; and (c) examine all formal ballot papers and— (i) (words omitted) count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or (ii) (omitted) (5) Fourth, the returning officer must add together— (a) ( words omitted) the number counted under subsections (3)(b)(i) and (4)(c)(i); or (b) (omitted) (6) Fifth, the returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 297 (Casting a declaration vote by post) after close of the poll. ˙ Treatment of ballot paper to which objection is made 312.(1) If, while a presiding officer or returning officer is complying with section 308 (Preliminary counting by presiding officer) or 311 (Official counting of votes), a candidate or scrutineer objects to treatment of a ballot paper as informal, the officer must mark on the back of it formal’ or informal’ according to whether the officer’s decision is to treat it as formal or informal. (2) If, while a presiding officer or returning officer, is complying with section 308 or 311, a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted. 17 Section 310 (Procedures for processing declaration envelopes)

83 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) ˙ Counting of votes for optional-preferential system 313. (omitted) ˙ Counting of votes for first-past-the-post system 314.(1) (omitted) (2) If the election is for chairperson of the Aboriginal council , the candidate who receives the greatest number of votes is elected. (3) If the election is for councillors (other than the chairperson ) of the Aboriginal council — (a) if 1 person only is to be elected—the candidate who receives the greatest number of votes is elected; and (b) if 2 or more persons are to be elected—the candidates elected are— (i) the candidate who receives the greatest number of votes; and (ii) the candidate who receives the next highest number of votes; and (iii) the candidate who receives the next highest number of votes; and so on, up to the number of persons to be elected. (4) If 2 or more candidates receive the same number of votes so that subsection (2) or (3)(a) or (b) cannot be applied, the returning officer must decide, by way of a casting vote, which candidate is elected. (5) In casting a vote under subsection (4), the returning officer need not complete a ballot paper. (6) Subsection (4) has effect despite section 280 (Who may vote). ˙ Returning officer’s duty after counting votes 315.(1) When the result of the poll for the election is known, the returning officer must—

84 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (a) seal up all of the formal ballot papers, informal ballot papers, rejected declaration envelopes, accepted envelopes from which ballot papers have been removed, electors’ declarations that have been removed from declaration envelopes, defaced ballot papers, remains of destroyed ballot papers, unused ballot papers, books and papers (other than the voters roll) of each presiding officer used in the poll; and (b) endorse on each parcel a description of its contents and sign the endorsement; and (c) allow any scrutineers, who wish to do so, to countersign the endorsement. (2) The returning officer must then— (a) examine the voters rolls used in the election and marked by issuing officers to ascertain whether any elector has voted more than once; and (b) make a list in the approved form of the names and numbers on the voters roll of all electors who appear to have voted more than once in the election, enclose the original of the list with the voters rolls in a sealed up parcel, and give a copy of the list to each person who was a candidate in the election. † Division 15—Actions following poll ˙ Declaration of poll 316.(1) As soon as practicable after the result of a poll for the election is known, the returning officer must, by notice in the approved form, declare— (a) the result of the poll; and (b) the names of each candidate who has been elected. (2) The returning officer must— (a) display the notice in a conspicuous place in the Aboriginal

85 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) council’s office; and (b) (omitted) (3) The returning officer must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election. ˙ Notice of final result of poll 317.(1) The returning officer must give notice of the final result of the poll to each candidate as soon as practicable after— (a) all ballot papers used in the poll have been examined; and (b) all votes cast in the poll on ballot papers that appear to be formal have been counted. (2) The notice must be in the approved form. ˙ Resolution about electors who fail to vote 317A. As soon as practicable after the conclusion of the election, the Aboriginal council must make a resolution deciding whether to take action under section 319 18 about electors who failed to vote in the election. ˙ List of electors failing to vote 318.(1) This section applies only if the Aboriginal council makes a resolution under section 317A 19 deciding to take action under section 319 about electors who failed to vote in the election. (2) The returning officer must make a list of the names and addresses, and the numbers shown on the voters roll, of all electors who— 18 Section 319 (Notice of failure to vote etc) 19 Section 317A (Resolution about electors who fail to vote)

86 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (a) have not been issued with ballot papers for the election; or (b) in the case of electors mentioned in section 289 (Who may cast a declaration vote) (words omitted) —have not given their ballot papers to the returning officer. (3) The returning officer must— (a) certify the list by declaration in the approved form; and (b) deposit the list with the Aboriginal council . (4) The list is to be held in the Aboriginal council’s office, in the clerk’s custody. ˙ Notice of failure to vote etc 319.(1) Subject to subsection (2), the Aboriginal council — (a) must, as soon as practicable after a resolution by the council to take action under this section, send a notice in the approved form to each elector shown on the list deposited under section 318 20 at the elector’s address shown on the list; and (b) must record on the list, against the elector’s name, the fact that the notice has been given. (2) The notice must— (a) show the elector’s full name and address and number on the voters roll; and (b) state that— (i) the elector appears to have failed to vote at the election; and (ii) it is an offence to fail, without a valid and sufficient reason, to vote at an election; and (iii) the elector may, if the elector considers the elector has committed the offence, pay one-half of a penalty unit (the 20 Section 318 (List of electors failing to vote)

87 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) “penalty” ) to the council by a specified day, not earlier than 21 days after the elector receives the notice (the “appropriate day” ), and, if the council receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and (c) require the elector— (i) if the elector intends paying the penalty by the appropriate day—to sign the approved form about payment of the penalty included in or with the notice and post or give the form, together with the amount of the penalty, to the council so it is received by the appropriate day; or (ii) if the elector does not intend paying the penalty by the appropriate day—to state, in the approved form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote and to sign the form and post or give it to the council so it is received by the appropriate day. (3) The elector must comply with the requirements of the notice. (4) If— (a) the elector is absent, or unable, because of physical incapacity, to comply with the requirements of the notice; and (b) another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed; the first elector is taken to have complied with the notice’s requirements. ˙ Payments for failure to vote 319A.(1) If the Aboriginalcouncil sends an elector a notice under section 319(1) for an election and payment is made to the council under section 319(2) to (4), the council must— (a) accept the payment; and (b) give the person a receipt for the payment; and

88 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) (c) not take any proceeding against the elector for failing to vote at the election. (2) In this section— “proceeding” includes serving an infringement notice. ˙ Recording response to notice 320. The Aboriginal council must record against the name of an elector who is given a notice under section 319 (Notice of failure to vote etc. ) on the list made under section 318 (List of electors failing to vote) whether the elector— (a) has complied with the requirements of the notice under section 319(2)(c); and (b) had a valid and sufficient reason for failing to vote at the election. ˙ Evidentiary value of list under s 318 321. In a proceeding, a document purporting to be a list, or a copy of or extract from a list, made under section 318 (List of electors failing to vote), and to be certified by the Aboriginal council’s clerk is evidence of the matters contained in the document. ˙ Disposal of material resulting from election 322.(1) As soon as practicable after giving notice of the final result of the poll to candidates, the returning officer must— (a) destroy all unused ballot papers; and (b) seal up in packets all other parcels sealed up under section 315 (Returning officer’s duty after counting votes); and (c) endorse on each packet— (i) a description of its contents; and (ii) the name of the area of the Aboriginal council for which the

89 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) election was held; and (iii) the polling day; and sign the endorsement; and (d) if the returning officer is not the council’sclerk —give each packet to the clerk. (2) The clerk must keep the packets in safe custody for 1 year. (3) At the end of the year, the clerk must— (a) destroy all ballot papers contained in the packets; and (b) dispose of the other contents of the packets in the way the clerk considers appropriate. (4) Each councillor of the Aboriginal council may attend during the destruction of ballot papers by, or at the direction of, its clerk to ensure the papers are destroyed. ˙ Ballot papers as evidence 323. In a proceeding, a ballot paper apparently used at an election and identified by evidence as 1 of the ballot papers given to, or held by, the Aboriginal council’s clerk under section 322 (Disposal of material resulting from election) is evidence of the vote or votes cast in the election as recorded on the ballot paper. ˙ Notice to electors whose ballot papers are not accepted 323A.(1) Subsection (2) applies if— (a) in an election, a person makes a declaration vote under section 290(a); 21 and (b) the person’s ballot paper is not accepted for counting under 21 Section 290 (Who must cast a declaration vote in ordinary elections)

90 Community Services (Aborigines) Regulation 1985 SCHEDULE 2 (continued) section 310 22 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a declaration vote in the election. (2) As soon as practicable after an election, the Aboriginal council must send a notice in the approved form to the person advising the person why the ballot paper was not accepted for counting. ˙ Notice to electoral commission of certain declaration votes 324. As soon as practicable after the election, the returning officer must give to the electoral commission notice of the names and addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992 . † Division 16—Enforcement † Subdivision 1—Offences in general ˙ False or misleading statements 325.(1) A person must not— (a) state something under this schedule that the person knows is false or misleading in a material particular; or (b) omit from a statement made under this schedule anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty— 4 penalty units . (2) A complaint against a person for a contravention of subsection (1) is 22 Section 310 (Procedure for processing declaration envelopes)