Table Of Contents

Community Services (Torres Strait) Regulation 1998

Queensland Crest
Community Services (Torres Strait) Regulation 1998
Queensland Community Services (Torres Strait) Act 1984 Community Services (Torres Strait) Regulation 1998 Reprinted as in force on 14 December 2007 Reprint No. 4 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2007 Act No. 59 s 150
Information about this reprint This regulation is reprinted as at 14 December 2007. 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. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Community Services (Torres Strait) Regulation 1998 Contents Part 1 1 2 Part 2 Division 1 4 4A 5 6 7 8 9 Division 2 10 11 Division 3 12 13 14 15 Part 3 Division 1 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Island councils Membership Membership of Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Saibai Island council to have 7 councillors . . . . . . . . . . . . . . . . . . 12 Proposal to decide other number of councillors . . . . . . . . . . . . . . 12 Resolution of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Petition by electors of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Minister to make decision about resolution or petition . . . . . . . . . 14 Change in membership takes effect at next quadrennial election 14 Qualifications and disqualifications for membership of Island council Qualifications for councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Disqualification of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Term of office and vacancies in office Term of office as appointed councillor . . . . . . . . . . . . . . . . . . . . . 17 When councillor’s office becomes vacant. . . . . . . . . . . . . . . . . . . 17 Filling of earlier vacancies by by-election . . . . . . . . . . . . . . . . . . . 18 Filling of later vacancies by appointment . . . . . . . . . . . . . . . . . . . 18 Chairperson of Island council Appointment of chairperson and related matters Membership of Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Duration of appointment of chairperson . . . . . . . . . . . . . . . . . . . . 19 Vacating office of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2 Community Services (Torres Strait) Regulation 1998 19 Division 2 20 21 22 23 24 25 Part 4 26 Part 5 Division 1 27 28 29 Division 2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Part 6 Division 1 44 45 46 47 48 Office of chairperson may be declared vacant . . . . . . . . . . . . . . . Direct election of chairperson Process for direct election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposal for direct election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition by electors of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister to make decision about resolution or petition . . . . . . . . . Direct election of chairperson takes effect at next election . . . . . Elections for Island councils Election of councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island council meetings Post-election meetings Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . Clerk to preside at post-election meetings . . . . . . . . . . . . . . . . . . Meetings generally Other meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . Minutes to be kept and confirmed . . . . . . . . . . . . . . . . . . . . . . . . Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . Meetings may be closed for limited reasons . . . . . . . . . . . . . . . . Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notice of resolution authorising remuneration . . . . . . . . . . Inspection of minutes of meetings and their purchase . . . . . . . . . Financial administration Financial management of Island councils Community funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General fund of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . Trust fund of Island council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration and financial procedures manual . . . . . . . . . . . . . Financial information to be presented to post-election meeting . . 20 20 20 21 21 22 22 23 23 23 24 24 24 24 24 25 25 25 26 27 27 27 28 28 29 30 30 31 31 32
3 Community Services (Torres Strait) Regulation 1998 49 Division 2 50 Part 7 51 52 53 Part 8 54 55 56 57 Part 9 Division 1 58 59 60 61 Division 2 62 63 64 Part 10 64A Part 10A 64B 64C Part 11 65 65A 65B 65C 65D Part 12 66 Approved forms for annual financial statements. . . . . . . . . . . . . . Register of councillor’s pecuniary interests Register of pecuniary interest disclosures . . . . . . . . . . . . . . . . . . Clerk of Island council Employment of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island Courts Procedures and enforcement of decisions of Island Courts. . . . . Jurisdiction of court includes power to make fine option order. . . Clerk of Island Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record of court proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island Coordinating Council Chairperson and deputy chairperson of Island Coordinating Council Appointment of chairperson and deputy chairperson. . . . . . . . . . Vacating office of chairperson or deputy chairperson . . . . . . . . . Office of chairperson or deputy chairperson may be declared vacant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum for meetings of executive committee . . . . . . . . . . . . . . . Financial administration of Island Coordinating Council Community funds of Island Coordinating Council . . . . . . . . . . . . General fund of Island Coordinating Council . . . . . . . . . . . . . . . . Trust fund of Island Coordinating Council. . . . . . . . . . . . . . . . . . . Island council areas Declaration of council areas—Act, s 14 . . . . . . . . . . . . . . . . . . . . Community justice groups Establishment of community justice groups—Act, s 84(1) . . . . . . Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of financial controller—Mer Island council. . . . . . . . Appointment of financial controller—Badu Island council . . . . . . Appointment of financial controller—Saibai Island council. . . . . . Appointment of financial controllers—Dauan Island council . . . . Transitional provisions Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . 32 32 33 33 34 34 35 35 35 35 36 36 36 37 37 37 38 38 38 39 39 39 39 39 40
4 Community Services (Torres Strait) Regulation 1998 67 68 Schedule 1 Part 1 266 267 268 269 270 271 Part 2 272 273 274 Part 3 275 276 277 278 279 280 281 Part 4 282 283 Part 5 Part 6 Division 1 289 Division 2 290 291 292 293 294 Transitional provision for Saibai Island council . . . . . . . . . . . . . . . Transitional provision for Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 . . . . . . . . . . . . . . . . . . . . . . Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections to be held on a Saturday. . . . . . . . . . . . . . . . . . . . . . . . Date of quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island councils responsible for expenditure for conducting elections ....................................... Returning officers Clerk is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of returning officer in place of the clerk . . . . . . . . . . Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . Voters roll Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of electoral roll when practicable. . . . . . . . . . . . . . . . . . . . . . Requirements of voters roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voters roll to be open to inspection and purchase . . . . . . . . . . . . Electoral registrars to help returning officers . . . . . . . . . . . . . . . . Voting Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Conduct of elections Preliminary Conduct of elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electoral officers Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 40 41 41 41 42 42 42 42 43 43 44 45 45 45 46 46 46 47 47 47 48 48 48 48 49 49
5 Community Services (Torres Strait) Regulation 1998 295 296 297 Division 3 298 299 300 Division 4 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 Division 5 Division 6 319 320 321 322 323 Division 7 324 325 326 Returning officer may act through other officers . . . . . . . . . . . . . Assistant returning officer may act through certain authorised officers ........................................ Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . Candidates for election or appointment Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition of dual candidature. . . . . . . . . . . . . . . . . . . . . . . . . . . Leave to Island council employee to contest election. . . . . . . . . . Nominations of candidates for election Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may nominate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . Nomination fee to accompany nomination . . . . . . . . . . . . . . . . . . Special grounds for deciding a person is not properly nominated Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of candidature before noon on nomination day. . . . . Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure if number of candidates not more than number required ....................................... Procedure if number of candidates exceeds number required. . . Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on death of candidate when poll to be conducted . . . Disposal of nomination fees generally . . . . . . . . . . . . . . . . . . . . . If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Polling booths Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot boxes, papers and other documents Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . Separate ballot papers for separate polls. . . . . . . . . . . . . . . . . . . 49 50 50 50 51 51 52 53 53 53 54 54 55 55 55 55 56 57 58 58 59 59 59 60 61 62 62 62 63 64
6 Community Services (Torres Strait) Regulation 1998 327 328 329 Division 8 330 331 332 333 Division 9 334 335 336 337 338 339 340 341 342 Division 10 343 344 345 346 346A 347 348 349 350 351 352 353 Division 11 354 355 Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers Candidates’ entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . Appointment of scrutineers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting generally Who may vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for voting at a polling booth. . . . . . . . . . . . . . . . . . . . . Duties of issuing officer for returned papers. . . . . . . . . . . . . . . . . Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration voting Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . Who must cast a declaration vote in ordinary elections . . . . . . . . Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . How declaration vote is cast. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers to certain electors who may cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of ballot papers to other electors who may or must cast declaration vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How declaration vote may be cast at a polling booth . . . . . . . . . . Distribution of ballot papers to electors for postal ballot election . Record of ballot papers given to postal voters . . . . . . . . . . . . . . . Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marking of ballot papers Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 65 66 67 67 67 67 68 68 68 70 70 71 72 72 73 73 74 75 75 75 76 77 78 78 78 79 80 81 81
7 Community Services (Torres Strait) Regulation 1998 Division 12 356 Division 13 357 358 359 360 361 Division 14 362 363 363A 364 365 366 367 368 369 370 Division 15 371 372 373 374 375 376 377 378 379 380 381 382 Division 16 Subdivision 1 383 Replacement ballot papers Use of replacement ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Effect of ballot papers Effect of ballot papers—optional-preferential voting . . . . . . . . . . . Effect of ballot papers—first-past-the-post voting. . . . . . . . . . . . . Posted vote presumed valid until contrary proved . . . . . . . . . . . . Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . Ballot paper partly formal and partly informal. . . . . . . . . . . . . . . . Counting of votes Votes to be counted in accordance with this division . . . . . . . . . . Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . Preliminary processing of declaration votes by returning officer—postal ballot election) . . . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary processing of declaration votes by returning officer (words omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for processing declaration envelopes . . . . . . . . . . . . . Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treatment of ballot paper to which objection is made . . . . . . . . . Counting of votes for optional-preferential system . . . . . . . . . . . . Counting of votes for first-past-the-post system . . . . . . . . . . . . . . Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . Actions following poll Declaration of poll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording response to notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary value of list under s 374. . . . . . . . . . . . . . . . . . . . . . . Disposal of material resulting from election . . . . . . . . . . . . . . . . . Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to electors whose ballot papers are not accepted. . . . . . . Notice to electoral commission of certain declaration votes. . . . . Enforcement Offences in general False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 81 83 83 85 85 85 85 86 88 88 88 89 91 91 91 93 93 94 94 94 95 96 97 97 97 98 98 99 99
8 Community Services (Torres Strait) Regulation 1998 384 385 386 387 388 389 390 391 Subdivision 2 392 392A 393 394 Subdivision 3 395 396 397 398 399 400 401 402 403 404 405 406 Subdivision 4 Part 7 408 409 410 411 412 413 Part 8 Schedule 1A Schedule 1B False, misleading or incomplete electoral documents . . . . . . . . . Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . Offences about electoral advertising and information Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences about voting Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Party badges not to be worn in polling booths . . . . . . . . . . . . . . . Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences relating to ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . Failure to deliver or post documents for someone else . . . . . . . . Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness to signing of declaration voting papers . . . . . . . . (omitted) Fresh elections Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . (omitted) Declaration of council areas . . . . . . . . . . . . . . . . . . . . . . . . . . Seisia community justice group . . . . . . . . . . . . . . . . . . . . . . . 99 100 100 101 101 101 101 101 102 102 105 105 106 106 107 107 108 108 108 109 109 110 110 110 111 111 111 111 111 111 112 114
9 Community Services (Torres Strait) Regulation 1998 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 1C Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Preliminary Definitions for sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 84(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bamaga community justice group . . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 84(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 114 115 115 115 116 116 117 117 117 118 118 118 119 120 120 121 121 121 121 122 122 123 123 123 124 124 124 125
10 Community Services (Torres Strait) Regulation 1998 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 128 128 129 129 131
s 1 11 s 4 Community Services (Torres Strait) Regulation 1998 Community Services (Torres Strait) Regulation 1998 [as amended by all amendments that commenced on or before 14 December 2007] Part 1 Preliminary 1 Short title This regulation may be cited as the Community Services (Torres Strait) Regulation 1998 . 2 Dictionary (1) The dictionary in schedule 2 defines particular words used in this regulation. (2) Definitions used elsewhere in the regulation are signposted in the dictionary. Part 2 Island councils Division 1 Membership 4 Membership of Island councils (1) An Island council consists of 3 councillors, including the chairperson. (2) Subsection (1) is subject to an approval, under this division, of another number of councillors. (3) This section is subject to section 4A.
s 4A 12 Community Services (Torres Strait) Regulation 1998 s6 4A Saibai Island council to have 7 councillors (1) The purpose of this section is to provide for the composition of the Saibai Island council in a way that reflects— (a) the 2 buways on Saibai Island; and (b) the 7 clans, each of which belongs to a buway. 1 (2) The Saibai Island council consists of 7 councillors, including the chairperson. (3) There must be 1 councillor from each of the 7 clans. 5 Proposal to decide other number of councillors (1) A proposal to decide the number of councillors for an Island council, other than 3, may be made by— (a) the Island council, by resolution, asking the Minister to approve a stated number of councillors for the council; or (b) the electors in the council’s area giving the Minister a petition asking the Minister to approve a stated number of councillors for the council. (2) This section does not apply to Saibai Island council. 6 Resolution of Island council (1) If an Island council, by resolution, decides to ask the Minister to approve a stated number of councillors for the council, the council must consult with the electors of the council’s area for at least 14 days. (2) The consultation period must begin within 14 days after the date of the resolution. (3) A notice about the resolution must be displayed in a conspicuous position in the council’s area and in other ways the council considers appropriate. 1 Provisions in schedule 1 that change the way in which the Local Government Act 1993 , chapter 5, applies to elections for Island councils also provide for the 2 buways and 7 clans on Saibai Island.
s 7 13 s 7 Community Services (Torres Strait) Regulation 1998 (4) The notice must state the following— (a) the council has, by resolution, decided to ask the Minister to approve a stated number of councillors for the council’s area; (b) the length of the consultation period and the first and last days of the consultation period; (c) an invitation for any person to give to the council’s clerk, on or before the last day of the consultation period, a written submission about the resolution. (5) After considering submissions made about the resolution, the council must give a copy of the resolution to the Minister. (6) The copy of the resolution must— (a) be given to the Minister at least 60 days before the next quadrennial election of the council; and (b) be accompanied by— (i) a statement signed by the chairperson and the clerk certifying this section has been complied with; and (ii) submissions received about the resolution; and (iii) the council’s response to the submissions. 7 Petition by electors of area (1) A person may give a petition to the Minister asking the Minister to approve a stated number of councillors for an Island council only if— (a) it has been signed by a majority of the electors of the council’s area; and (b) the name and address of each of the electors who signed the petition is clearly set out next to the signature. (2) The petition must be given to the Minister at least 60 days before the next quadrennial election of the council.
s 8 14 s 9 Community Services (Torres Strait) Regulation 1998 8 Minister to make decision about resolution or petition (1) This section applies if, no later than 60 days before the next quadrennial election of an Island council, the Minister is given— (a) under section 6—a copy of the council’s resolution; or (b) under section 7—a petition about the membership of the council. (2) The Minister must decide whether to approve the number of councillors for the Island council stated in the resolution or petition. (3) The Minister may refuse to approve a resolution or petition only if the Minister is satisfied, on reasonable grounds, that— (a) the number of councillors stated in the resolution or petition is out of proportion to the overall population of the council’s area or is otherwise impracticable and unreasonable; or (b) for a resolution—the majority of electors in the council’s area are opposed to the resolution; or (c) the process set out in this division for the resolution or petition has not been properly complied with. (4) If the Minister approves the number of councillors stated in the resolution or petition, the Minister must, as soon as practicable, publish notice of the approval in the gazette. (5) The approval is of no effect until it has been notified in the gazette. 9 Change in membership takes effect at next quadrennial election If the Minister publishes a notice in the gazette approving a stated number of councillors for a council, the change to the number of councillors does not have effect until the next quadrennial election.
s 10 15 s 11 Community Services (Torres Strait) Regulation 1998 Division 2 Qualifications and disqualifications for membership of Island council 10 Qualifications for councillors (1) A person is qualified to become a councillor of an Island council, other than Saibai Island council, if the person— (a) is a Torres Strait Islander or Aborigine; and (b) has lived continuously in the Island council’s area for not less than 2 years before— (i) for a person who is elected as a councillor—the nomination day for the election; or (ii) for a person who is appointed as a councillor—the day the person is appointed; and (c) is entitled under this regulation to vote in the election. (2) A person is qualified to become a councillor of Saibai Island council if the person— (a) is a buway member; and (b) has lived continuously in the Saibai Island council’s area for not less than 3 months before— (i) for a person who is elected as a councillor—the nomination day for the election; or (ii) for a person who is appointed as a councillor—the day the person is appointed; and (c) is entitled under this regulation to vote in the election. (3) This section is subject to section 11. 11 Disqualification of councillors (1) A person is not qualified to become a councillor if— (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth); or
s 11 16 s 11 Community Services (Torres Strait) Regulation 1998 (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X 2 and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X and a final payment has not been made under the composition; or (d) the person is in prison. (2) Also, a person who has been convicted of an indictable offence under any of the following provisions of the Criminal Code in relation to an Island council, or a community government under the Local Government (Community Government Areas) Act 2004 , is not qualified to become a councillor for 5 years after the conviction— • part 3, chapter 13 or 15 • part 6, division 1 • part 6, division 3. 3 (3) A person who has been convicted by a court of an offence against section 47 4 of the Act is not qualified to become a councillor for 3 years after the conviction, unless the court, by order, directs this subsection does not apply to the person if the court is satisfied it would be just to give the direction. (4) Subsections (2) and (3) do not apply to a person for a conviction for an offence before 1 October 1996. (5) In this section— conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. 2 Bankruptcy Act 1966 (Cwlth)— Part X (Personal insolvency agreements) 3 Criminal Code— Part 3 (Offences against the administration of law and justice and against public authority), chapter 13 (Corruption and abuse of office) or chapter 15 (Selling and trafficking in offices), part 6 (Offences relating to property and contracts), division 1 (Stealing and like offences) and division 3 (Forgery and like offences—personation) 4 Section 47 (Disclosure of interests at meetings) of the Act
s 12 17 s 13 Community Services (Torres Strait) Regulation 1998 Division 3 Term of office and vacancies in office 12 Term of office as appointed councillor (1) If a councillor (the new councillor ) is appointed to fill a vacancy in the office of a councillor (the former councillor ), the new councillor is appointed for the balance of the former councillor’s term of office. (2) The new councillor’s term of office starts on the day on which the councillor is appointed and ends on the day— (a) the next quadrennial election concludes; or (b) the Island council is dissolved; or (c) the new councillor’s office otherwise becomes vacant. 13 When councillor’s office becomes vacant A person’s office as a councillor of an Island council becomes vacant if the person— (a) dies; or (b) resigns as a councillor; or (c) ceases to be qualified to be a councillor under section 10 or 11; or (d) is absent from 3 or more consecutive meetings of the council of which notice has been duly given, without the council’s leave; or (e) is found to be unlawfully elected or appointed, or ineligible to continue to act, as a councillor, on a review under the Judicial Review Act 1991 ; or (f) becomes the clerk, or deputy clerk, of the council; or (g) becomes a finance officer, financial controller, accountant or other person (however described) whose primary responsibility is administering the council’s finances; or (h) is elected to another office at a by-election; or
s 14 18 s 16 Community Services (Torres Strait) Regulation 1998 (i) otherwise ceases to hold the office before the next quadrennial election concludes or the council is dissolved. 14 Filling of earlier vacancies by by-election (1) This section applies if a person’s office as a councillor of an Island council becomes vacant before 1 March (the cut-off date ) in the year before the year in which the next quadrennial elections for the council are to be held. (2) The vacancy must be filled by a by-election. 15 Filling of later vacancies by appointment (1) If the office of a person as a councillor of an Island council (the former councillor ) becomes vacant on or after the cut-off date, the Island council must fill the office by appointing a qualified person (the new councillor ) to the office. (2) If the vacancy is not properly filled within 2 months after the vacancy happens, the Governor in Council may appoint a person, who is qualified to become a councillor of the Island council, to fill the vacancy. Part 3 Chairperson of Island council Division 1 Appointment of chairperson and related matters 16 Membership of Island councils (1) An Island council must appoint a chairperson from its councillors, by resolution, at— (a) its first meeting after the conclusion of each quadrennial election; and (b) its first meeting after the conclusion of a fresh election of all of its councillors; and
s 17 19 s 18 Community Services (Torres Strait) Regulation 1998 (c) its first meeting after the chairperson’s office as councillor otherwise becomes vacant. (2) If, within 21 days after the post-election meeting or the chairperson’s office otherwise becomes vacant, the Island council has not appointed a chairperson, the Minister may, by written notice to the council, appoint a councillor as chairperson. (2A) For the appointment of a chairperson of Saibai Island council under subsection (1) or (2)— (a) if the appointment is after a quadrennial or fresh election—the person appointed must not be a buway member of the same buway as the person who was the previous chairperson; and (b) otherwise—the person appointed must be a buway member of the same buway as the person who was the previous chairperson. (3) Subsections (1) and (2) are subject to an approval, under division 2, of the direct election of the chairperson. 17 Duration of appointment of chairperson The chairperson’s term of office begins on the day on which the chairperson is appointed and ends on the day— (a) the next quadrennial election concludes; or (b) the Island council is dissolved; or (c) the chairperson’s office otherwise becomes vacant. 18 Vacating office of chairperson A person’s office as chairperson of an Island council becomes vacant if— (a) the person resigns as chairperson; or (b) the office of chairperson is declared vacant under section 19.
s 19 20 s 21 Community Services (Torres Strait) Regulation 1998 19 Office of chairperson may be declared vacant (1) An Island council, by resolution, may declare the office of chairperson is vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the members of the council at least 14 days before the meeting. (3) If the council declares the office of chairperson is vacant, it must immediately appoint a chairperson from its members. (3A) However, for Saibai Island council, the chairperson appointed under subsection (3) must be a member of the same buway of which the immediately preceding chairperson was a member. (4) Subsection (2) has effect despite section 36(1). 5 Division 2 Direct election of chairperson 20 Process for direct election (1) This division states the process to be used for approval of the direct election of the chairperson of an Island council. (2) The Minister may approve the direct election of an Island council’s chairperson only if the process is followed. 21 Proposal for direct election A proposal for the chairperson of an Island council to be directly elected may be made by— (a) the Island council, by resolution, asking the Minister to approve the direct election of the chairperson; or (b) the electors in the council’s area giving the Minister a petition asking the Minister to approve the direct election of the chairperson. 5 Section 36 (Notice of meetings)
s 22 21 s 23 Community Services (Torres Strait) Regulation 1998 22 Resolution of Island council (1) If an Island council, by resolution, decides to ask the Minister to approve the direct election of the council’s chairperson, the council must consult with the electors of the council’s area for at least 14 days. (2) The consultation period must begin within 14 days after the resolution is passed. (3) A notice about the resolution must be displayed in a conspicuous position in the council’s area and in other ways the council considers appropriate. (4) The notice must state the following— (a) the council has, by resolution, decided to ask the Minister to approve the direct election of the council’s chairperson by the electors of the council’s area; (b) the length of the consultation period and the first and last days of the consultation period; (c) an invitation for any person to give to the council’s clerk, on or before the last day of the consultation period, a written submission about the resolution. (5) After considering submissions made about the resolution, the Island council must give a copy of the resolution to the Minister. (6) The copy of the resolution must— (a) be given to the Minister at least 60 days before the next quadrennial election of the council; and (b) be accompanied by— (i) a statement signed by the chairperson and the clerk certifying this section has been complied with; and (ii) submissions received about the resolution; and (iii) the council’s response to the submissions. 23 Petition by electors of area (1) A petition asking the Minister to approve the direct election of the chairperson of an Island council’s area may be given to the Minister only if—
s 24 22 s 25 Community Services (Torres Strait) Regulation 1998 (a) it has been signed by a majority of the electors of the area; and (b) the name and address of each of the electors who signed the petition is clearly set out next to the signature. (2) The petition must be given to the Minister at least 60 days before the next quadrennial election of the council. 24 Minister to make decision about resolution or petition (1) If the Minister is given a copy of a resolution or a petition, the Minister must decide whether to approve the direct election of the chairperson of the Island council by the electors of the council’s area. (2) The Minister may refuse to approve a resolution or petition only if the Minister is satisfied, on reasonable grounds, that— (a) for a resolution—the majority of electors in the council’s area are opposed to the resolution; or (b) the process set out in this part for the resolution or petition has not been properly complied with. (3) If the Minister approves the direct election of the chairperson, the Minister must, as soon as practicable, publish notice of the approval in the gazette. (4) The approval is of no effect until it has been notified in the gazette. 25 Direct election of chairperson takes effect at next election If the Minister publishes a notice in the gazette approving the direct election of the chairperson of an Island council, the change to the direct election of the chairperson does not have effect until the next quadrennial election.
s 26 23 s 28 Community Services (Torres Strait) Regulation 1998 Part 4 Elections for Island councils 26 Election of councillors The Local Government Act 1993 , chapter 5 applies to elections for Island councils with the changes shown in schedule 1. Part 5 Island council meetings Division 1 Post-election meetings 27 Post-election meetings An Island council must hold a meeting of its councillors within 14 days after the conclusion of each quadrennial election. 28 Agenda of post-election meetings (1) An Island council must consider the following matters at a post-election meeting— (a) the day and time for holding other meetings; (b) if its chairperson is not directly elected—the appointment of its chairperson; (c) the appointment of its deputy chairperson; (d) the document about its financial operations, that the clerk must present to the meeting under section 48. 6 (2) If the Island council does not, within 21 days after the post-election meeting, appoint a deputy chairperson, the Minister may, by written notice to the council, appoint a councillor as deputy chairperson. 6 Section 48 (Financial information to be presented to post-election meeting)
s 29 24 s 33 Community Services (Torres Strait) Regulation 1998 29 Clerk to preside at post-election meetings (1) This section applies if the chairperson of an Island council is not directly elected. (2) The council’s clerk presides at meetings of the council until a chairperson or deputy chairperson is appointed. (3) However, the clerk must not vote on business before the council. Division 2 Meetings generally 30 Other meetings (1) Other meetings of an Island council are to be held at the times and places it decides. (2) However, the council must meet at least once in each period of 3 months. 31 Place of meetings (1) All meetings of an Island council must be held at its office. (2) However, an Island council may, by resolution, fix another place for a particular meeting. 32 Quorum at meetings (1) A quorum for a meeting of an Island 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. 33 Procedure at meetings (1) Business may be conducted at a meeting of an Island council only if a quorum is present. (2) At a meeting— (a) voting—
s 34 25 s 36 Community Services (Torres Strait) Regulation 1998 (i) for the appointment of the chairperson or deputy chairperson may be open or by secret ballot as the councillors present may decide; and (ii) otherwise, must be open; and (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. 34 Minutes must be kept (1) An Island council must keep minutes of its proceedings. (2) The minutes must be taken and confirmed under section 38. 35 Adjournment of meetings (1) The majority of councillors present at a meeting of an Island council may adjourn the meeting to a later hour of the same day or to a later day. (2) If a quorum for a meeting is not present within 30 minutes after the time appointed for the meeting, the meeting may be adjourned 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. (3) The meeting may be adjourned to a later hour of the same day or another day within 14 days after the day of adjournment. 36 Notice of meetings (1) Notice of each meeting of an Island council, including an adjourned meeting, must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice.
s 37 26 s 37 Community Services (Torres Strait) Regulation 1998 (2) The notice must be given in writing, unless each councillor has agreed, in writing, that notice of meetings under subsection (1) may be given orally. (3) The notice must state— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. (4) Subsection (1) is subject to section 37. 37 Repeal or amendment of resolutions (1) A resolution of an Island 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, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting (the later meeting ) is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present at the later meeting; or (b) in any other case—a majority of all councillors. Example of subsection (2)(a) — At a meeting of the XYZ Island council, 5 councillors are present. At the meeting a resolution about control of dogs in the area is passed. At the next meeting of the Island council, 7 councillors are present. The council may amend the resolution about dogs passed at the last meeting if 4 of the councillors present at the meeting agree to the amendment. Example of subsection (2)(b) — The ABC Island council has 7 councillors. At a meeting of the ABC Island council at which 6 of the councillors are present, a resolution about garbage collection in the council’s area is passed. At the next meeting of the ABC Island council, 5 councillors are present. The council may amend the resolution about garbage collection only if 4 of the councillors agree to the amendment.
s 38 27 s 40 Community Services (Torres Strait) Regulation 1998 38 Minutes to be kept and confirmed (1) The clerk of an Island 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 or were taken to have voted. (3) At each meeting, the minutes of the previous meeting must be— (a) confirmed by the councillors present; and (b) signed by the councillor presiding. 39 Meetings in public unless otherwise resolved Meetings of an Island council must be open to the public unless— (a) the council has, by resolution under section 40(1), closed a meeting; or (b) the chairperson, under section 40(3), closes the meeting. 40 Meetings may be closed for limited reasons (1) An Island council may, by resolution, close a meeting to the public if the council considers it necessary to close the meeting to discuss any of the following— (a) the appointment, dismissal or discipline of a particular employee; (b) industrial matters affecting its employees; (c) its budget; (d) contracts proposed to be made by it; (e) legal proceedings involving it; (f) other business for which public discussion would be likely to prejudice the interests of the council or
s 41 28 s 42 Community Services (Torres Strait) Regulation 1998 someone else, or enable a person to gain a financial advantage. (2) A resolution closing a meeting must state the nature of the matters to be considered while the meeting is closed. (3) The chairperson of an Island council may also close a meeting to the public if the chairperson considers, on reasonable grounds, members of the public attending the meeting are unduly disrupting proceedings. (4) An Island council must not make a resolution (other than a procedural resolution) in a closed meeting. 41 Public notice of meetings (1) An Island council must display a notice of the days and times when its meetings, other than special meetings, will be held— (a) in a conspicuous place in its office; and (b) in another conspicuous place in its area. (2) The council must immediately notify a change to the days and times for meetings, other than special meetings, in the same way as the information was 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) Subject to sections 37 and 42, subsection (3) does not affect the right at a meeting to discuss or deal with items arising after the agenda for the meeting is made available to councillors. 42 Public notice of resolution authorising remuneration (1) A resolution authorising the payment or provision of remuneration to councillors of an Island council may be passed only if notice has been given of the proposed resolution. (2) Notice must be given by displaying, at least 21 days before the meeting—
s 43 29 s 43 Community Services (Torres Strait) Regulation 1998 (a) a notice stating the proposed resolution, and the day and time of the proposed meeting, in a conspicuous place in the council’s area; and (b) a copy of the notice in a conspicuous place in the council’s office on the day. (3) The notice and its copy must be kept on display until after the meeting. (4) In this section— remuneration , of a councillor of an Island council, includes— (a) any fees or allowances, or reimbursement of expenses, paid to the councillor by the council; (b) any benefit or entitlement provided to the councillor by the council. 43 Inspection of minutes of meetings and their purchase (1) A copy of the minutes of each meeting of an Island council— (a) must be available for inspection at the council’s 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— (a) the cost to the Island 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.
s 44 30 s 45 Community Services (Torres Strait) Regulation 1998 Part 6 Financial administration Division 1 Financial management of Island councils 44 Community funds (1) An Island council must establish and keep the following community funds— (a) a general fund; (b) a trust fund. (2) An Island council may call its general fund an operating fund. (3) A payment may be made from an account with a financial institution kept by an Island council in relation to a fund only by a cheque signed, or an electronic funds transfer authorised, by any 2 of the following— (a) the clerk; (b) the chairperson of the council; (c) another councillor of the council; (d) an employee of the council authorised by resolution of the council; (e) if a financial controller is appointed for the council—the financial controller, if authorised by resolution of the council. 45 General fund of Island council (1) An Island council’s general fund must consist of all of its assets and liabilities, other than its trust assets and liabilities. (2) The council must keep an account with a financial institution for amounts it receives for its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 financial institution account within its general fund.
s 46 31 s 47 Community Services (Torres Strait) Regulation 1998 46 Trust fund of Island council (1) An Island council must credit amounts it receives on trust 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 Island council must keep a separate account with a financial institution for its trust fund. 47 Administration and financial procedures manual (1) Each Island council must prepare a manual (an administration and financial procedures manual ) about the accounting and financial procedures for the administration of the council’s community funds. (2) Without limiting subsection (1), an Island council’s administration and financial procedures manual must include— (a) the council’s policies about financial administration; and (b) the procedures and internal controls for the council’s accounting, information and administrative systems; and (c) the corporate structure adopted by the council; and (d) position descriptions for all permanent employees employed by the council. (3) The manual— (a) must be approved by resolution of the council; and (b) does not take effect until is has been approved by the council.
s 48 32 s 50 Community Services (Torres Strait) Regulation 1998 48 Financial information to be presented to post-election meeting (1) At each post-election meeting of an Island council, the clerk must present to the council a document about the council’s financial operations. (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. 49 Approved forms for annual financial statements When approving forms under section 60 7 of the Act, the chief executive must have regard to the need to provide for full disclosure of an Island council’s financial operations during a financial year. Division 2 Register of councillor’s pecuniary interests 50 Register of pecuniary interest disclosures (1) The clerk of an Island 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 day the minutes of the meeting are confirmed. 7 Section 60 (Preparation of financial statements) of the Act
s 51 33 s 52 Community Services (Torres Strait) Regulation 1998 (3) The particulars recorded by the clerk 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. Part 7 Clerk of Island council 51 Employment of clerk An Island council must appoint and employ an individual as its clerk. 52 Role of clerk (1) The clerk of an Island council has the role of implementing the council’s policies and decisions. (2) On a day-to-day basis, the clerk’s role includes managing the council’s affairs. (3) The clerk alone is responsible for— (a) organising the presentation of reports and reporting to the council; and (b) conducting correspondence between the council and other persons; and (c) managing and overseeing the administration of the council; and (d) coordinating the activities of all employees of the council. (4) The clerk has—
s 53 34 s 54 Community Services (Torres Strait) Regulation 1998 (a) all the powers necessary for performing the clerk’s role; and (b) the powers the council specifically delegates to the clerk. 53 Acting clerk An Island council may appoint an individual to act as its clerk during— (a) a vacancy, or all vacancies, in the position; or (b) a period, or all periods, when the clerk is absent from duty or can not, for any reason, perform as the clerk. Part 8 Island Courts 54 Procedures and enforcement of decisions of Island Courts (1) The procedures for, and the enforcement of decisions of, an Island Court are to be— (a) if, but for the Act, an action would be brought under the Justices Act 1886 —in accordance with the Justices Act 1886 ; and (b) if, but for the Act, an action would be brought under the Penalties and Sentences Act 1992— in accordance with the Penalties and Sentences Act 1992 ; and (c) if, but for the Act, an action would be brought under the Magistrates Courts Act 1921 —in accordance with the Magistrates Courts Act 1921 . (2) For applying, under subsection (1), the Justices Act 1886 , Penalties and Sentences Act 1992 or Magistrates Courts Act 1921 — (a) a reference in any of the Acts to a Magistrates Court is taken to be a reference to an Island Court; and
s 55 35 s 58 Community Services (Torres Strait) Regulation 1998 (b) a reference in any of the Acts to a magistrate is taken to be a reference to the 2 justices constituting an Island Court; and (c) a reference in any of the Acts to a clerk of the court is taken to be a reference to the clerk of an Island Court. 55 Jurisdiction of court includes power to make fine option order The jurisdiction of an Island Court includes power to make a fine option order as if the Island Court were a Magistrates Court. 56 Clerk of Island Court An Island council must appoint an individual as clerk of the Island Court for its area. 57 Record of court proceedings The clerk of an Island Court must keep all records and proceedings of the Island Court. Part 9 Island Coordinating Council Division 1 Chairperson and deputy chairperson of Island Coordinating Council 58 Appointment of chairperson and deputy chairperson (1) The Island Coordinating Council must, by resolution, appoint a chairperson and deputy chairperson from its members at its first meeting after the conclusion of each of the quadrennial elections for Island councils.
s 59 36 s 61 Community Services (Torres Strait) Regulation 1998 (2) Also the Island Coordinating Council must, by resolution, appoint a chairperson or deputy chairperson from its members at its first meeting after the chairperson’s or deputy chairperson’s office otherwise becomes vacant. (3) Subsection (2) has effect subject to section 60(3). 59 Vacating office of chairperson or deputy chairperson A person’s office as chairperson or deputy chairperson of the Island Coordinating Council becomes vacant if— (a) the person resigns as chairperson or deputy chairperson; or (b) the office of chairperson or deputy chairperson is declared vacant under section 60. 60 Office of chairperson or deputy chairperson may be declared vacant (1) The Island Coordinating Council may, by resolution, declare the office of chairperson or deputy chairperson vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the members of the council at least 14 days before the meeting. (3) If the council declares the office of chairperson or deputy chairperson is vacant, it must immediately appoint a chairperson or deputy chairperson from its members. 61 Quorum for meetings of executive committee (1) A quorum for a meeting of the executive committee of the Island Coordinating Council is 2 members of the committee. (2) Business may be conducted at a meeting of the executive committee only if a quorum is present.
s 62 37 s 64 Community Services (Torres Strait) Regulation 1998 Division 2 Financial administration of Island Coordinating Council 62 Community funds of Island Coordinating Council (1) The Island Coordinating Council must establish and keep— (a) a general fund; and (b) if the council receives amounts on trust—a trust fund. (2) The council may call its general fund an operating fund. 63 General fund of Island Coordinating Council (1) The Island Coordinating Council’s general fund must consist of all of its assets and liabilities, other than its trust assets and liabilities. (2) The council must keep an account with a financial institution for amounts it receives in its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 financial institution account within its general fund. 64 Trust fund of Island Coordinating Council (1) If the Island Coordinating Council is required to keep a trust fund under section 62(1)(b), it must credit amounts it receives on trust 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 account with a financial institution for its trust fund.
s 64A 38 Community Services (Torres Strait) Regulation 1998 s 64C Part 10 Island council areas 64A Declaration of council areas—Act, s 14 The part of the State mentioned in schedule 1A, column 1, is declared to be the council area mentioned in column 2 of the schedule opposite the part. Part 10A Community justice groups 64B Establishment of community justice groups—Act, s 84(1) (1) Each community justice group named in a relevant schedule is established for the council area stated for the justice group. (2) Each relevant schedule prescribes matters about the community justice group named in the schedule. 64C Criminal history checks (1) For section 87(1) 8 of the Act, the chief executive may ask the commissioner of the police service to give the chief executive a written report about a person’s criminal history. 9 (2) The commissioner must comply with the request. (3) Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access. 8 Section 87 (Criminal history checks) of the Act 9 Section 87(3) of the Act defines criminal history for the section.
s 65 39 s 65D Community Services (Torres Strait) Regulation 1998 Part 11 Miscellaneous 65 Forms The prescribed forms under the Act are the forms approved by the chief executive. 65A Appointment of financial controller—Mer Island council (1) Janelle Menzies is appointed as a financial controller for the Island council for the Mer council area. (2) The appointment is for the period starting on 4 August 2007 and ending on 18 March 2008. 65B Appointment of financial controller—Badu Island council (1) Anne Stone is appointed as a financial controller for the Island council for the Badu council area. (2) The appointment is for the period starting on 27 July 2007 and ending on 18 March 2008. 65C Appointment of financial controller—Saibai Island council (1) Janelle Menzies is appointed as a financial controller for the Island council for the Saibai council area. (2) The appointment is for the period starting on 13 August 2007 and ending on 18 March 2008. 65D Appointment of financial controllers—Dauan Island council (1) Andrew Muir and James Evans are each appointed as a financial controller for the Island council for the Dauan council area. (2) The appointment is for the period starting on 14 December 2007 and ending on 18 March 2008.
s 66 40 s 68 Community Services (Torres Strait) Regulation 1998 Part 12 Transitional provisions 66 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 (1) A reference in this regulation to the next quadrennial election is to be read as a reference to the election under this regulation to be held on the same day as the 2000 quadrennial election to be held under the Local Government Act 1993 . (2) This section does not have effect after the quadrennial election under this regulation is held in 2000. 67 Transitional provision for Saibai Island council (1) This section applies to Saibai Island council. (2) Section 4A applies to the council for and after the 2000 quadrennial election to be held under the Local Government Act 1993 . (3) Section 16(2A) does not apply to the appointment of the chairperson of Saibai Island council appointed immediately after the 2000 quadrennial election. 68 Transitional provision for Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 For nominating members of a community justice group for schedule 1B or 1C, a nomination under section 5 of either schedule includes a nomination made by a nominating entity under the schedule before the commencement of this section.
41 Community Services (Torres Strait) Regulation 1998 Schedule 1 Elections section 26 (The Local Government Act 1993, chapter 5 applied to an Island council) 10 Part 1 General 266 Quadrennial elections Councillors of an Island council are to be elected once every 4 years. 267 Types of elections (1) A quadrennial or fresh election of a councillor of an Island 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 Island council is an election for its area, ( words omitted ) for which the councillor was elected. (4) Elections for Saibai Island council are based on clans, despite subsections (1) and (3). (5) For subsection (4)— (a) if an election is a quadrennial or fresh election—the election is for each of the clans; and 10 Textual changes are indicated by italic script (other than the citations of the Electoral Acts). The schedule as replaced by the Community Services Legislation Amendment Regulation (No. 1) 1998 takes account of the renumbering of the Local Government Act 1993 . The schedule has not otherwise been amended.
42 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) if an election is a by-election—the election is for the clan that is not represented on the council. 268 Elections to be held on a Saturday Every election for an Island council must be held on a Saturday. 269 Date of quadrennial elections (1) Quadrennial elections must be held on the same day as quadrennial elections under the Local Government Act 1993. (2) ( omitted ) (3) ( omitted ) 270 Date of by-elections (1) A by-election to fill a vacancy in the office of a councillor of an Island council is to be held on the date fixed by the returning officer for the election. (2) The date fixed must be within 3 months after the vacancy happens. 271 Island councils responsible for expenditure for conducting elections An Island council is responsible for expenditure incurred for the conduct of an election in its ( words omitted ) area.
43 Community Services (Torres Strait) Regulation 1998 Part 2 Schedule 1 (continued) Returning officers 272 Clerk is returning officer (1) The clerk of an Island council is the returning officer for every election of a councillor of the Island council . (2) This section is subject to section 273. 273 Appointment of returning officer in place of the clerk (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 Island council can not be appointed as returning officer for an election unless the clerk — (a) has , by displaying in a conspicuous position in the Island 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.
44 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 Island council . (7) If the clerk believes he or she can not 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. (8) The Minister may appoint another individual as returning officer for the election. 274 Returning officer’s duty for by-election 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 Island 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.
45 Community Services (Torres Strait) Regulation 1998 Part 3 Schedule 1 (continued) Voters roll 275 Returning officer must compile voters roll (1) The returning officer for an election for an Island council must compile the roll of persons entitled to vote at the election (the voters roll ). (2) However, in compiling the voters roll for an election for Saibai Island council, the returning officer for the election must— (a) compile the voters roll based on the clans, to the extent necessary for the election; and (b) if, under Island custom on Saibai Island, a person is not a member of a clan—consult with the elders of the clans about the way in which the person’s name should appear in the voters roll. (3) For an election for Saibai Island council, if a person mentioned in subsection (2)(b) asks the returning officer, in writing, not to include the person’s name on the voters roll for the election, the returning officer must not include the person’s name on the voters roll for the election. 276 Qualification for enrolment on voters roll A person is entitled to vote at an election for an Island 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 ) 277 Cut-off day for voters roll A voters roll must be compiled to 1 of the following dates— (a) for a quadrennial election—31 January in the year of the election;
46 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) for a by-election to fill a vacancy in the office of a councillor of an Island council —at least 5 days, and not more than 7 days, after the display , under section 274, of notice of the day of the by-election. 278 Use of electoral roll when practicable (1) The voters roll for an election for an Island 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. 279 Requirements of voters roll (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. (1A) Subsection (1)(b) applies to the voters roll for an election for Saibai Island council only to the extent that it is consistent with a voters roll based on the clans. (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. 280 Voters roll to be open to inspection and purchase (1) A voters roll for an election is open to inspection.
47 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) Copies of the voters roll must be available for purchase at the Island council’s office . (3) The price of a copy of the voters roll must be no more than the cost to the Island council of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. 281 Electoral registrars to help returning officers 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 Island council . Part 4 Voting 282 Compulsory voting Voting at an election for an Island council is compulsory and each elector is entitled to 1 vote only. 283 System of voting The system of voting at an election for a councillor is— (a) ( omitted ) (b) ( words omitted ) first-past-the-post voting. Part 5 ( omitted )
48 Community Services (Torres Strait) Regulation 1998 Part 6 Schedule 1 (continued) Conduct of elections Division 1 Preliminary 289 Conduct of elections An election must be conducted under this part. Division 2 Electoral officers 290 Returning officer The returning officer for an election is responsible for its proper conduct. 291 Assistant returning officers ( omitted ) 292 Presiding officers (1) The returning officer— (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.
49 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (4) An appointment under subsection (1) or (3) must be in the approved form. 293 Issuing officers (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. 294 Declaration by issuing officers An issuing officer must make a declaration in the approved form before acting as an issuing officer. 295 Returning officer may act through other officers 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 )
50 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 3 Under section 351, 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. 296 Assistant returning officer may act through certain authorised officers ( omitted ) 297 Supply and use of voters rolls (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. Division 3 Candidates for election or appointment 298 Qualification for nomination (1) ( omitted ) 11 (2) A person is not disqualified from nominating for election or appointment to an Island council because the person is a member of the Legislative Assembly or an Island council employee. 12 11 See section 10 (Qualifications for councillors) of the regulation. 12 See section 13(f) and (g) of the regulation which provides that a person can not be a member of an Island 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.
51 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (3) A person who is a candidate for election as a member of an Australian Parliament, is not qualified to be nominated for election or appointment to an Island council until— (a) for an election under the Electoral Act 1992 —the day the Electoral Commission is notified, under section 122(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)— (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act. 13 (4) ( omitted ). 299 Prohibition of dual candidature (1) A person can not, at the same time, be a candidate— (a) for election as chairperson of an Island council and as another councillor of the Island council ; or (b) ( omitted ) (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. (3) ( omitted ) 300 Leave to Island council employee to contest election (1) An Island council employee who nominates as a candidate for election as a councillor of an Island council is entitled to leave 13 Commonwealth Electoral Act 1918 (Cwlth), section 283 (Return of writ for election of Senators) or 284 (Declaration of poll and return of writs for House of Representatives)
52 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 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 ) Division 4 Nominations of candidates for election 301 Calling for nominations (1) The returning officer must publish, by displaying a notice in a conspicuous position in the Island council’s area and in other ways the returning officer considers appropriate, notice of the election ( words omitted ). (2) The notice must— (a) be in the approved form; and (b) specify a day as the nomination day— (i) not less than 10, or more than 21, days after the day of publication of the notice; and (ii) not less than 21, or more than 42, days before the day on which the election is to be held; and (c) specify a place of nomination; and (d) invite nominations of candidates for the election. (3) The place of nomination must be— (a) the Island council’s office; or (b) a place in its area convenient generally to persons in its area.
53 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 302 Who may nominate (1) A candidate for election as a councillor of an Island council must be a person who is qualified under sections 298 and 10 to nominate for the election. (2) ( omitted ) 303 How and when nomination is given (1) A person who wishes to be a candidate for election must be nominated by— (a) ( omitted ) (aa) for Saibai Island council—at least 2 electors for the clan for which the election is held; or (b) for Island councils other than Saibai Island council— at least 2 electors for the Island council’s area ( words omitted ) . (2) A nomination must be— (a) in the approved form; and (b) given to the returning officer after the nominations are invited for the election but before noon on the nomination day. 304 Nomination fee to accompany nomination (1) Before noon on the nomination day, the person nominating as a candidate must deposit, in cash or by a cheque drawn by a financial institution, with the returning officer— (a) $25 ; or (b) ( omitted ) (2) The nomination fee must be held in the trust fund of the Island council until it is refunded, or becomes the property of the Island council , under this part.
54 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 305 Special grounds for deciding a person is not properly nominated ( omitted ) 306 Certificate of returning officer (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 (b) give a copy of the certificate to the candidate. (2) 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. (3) A person is properly nominated for election if— (a) sections 302 to 304 have been complied with, or have been substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 299 does not apply to the person’s nomination; and (c) the nomination has not been withdrawn. (4) 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 Island council ’s area.
55 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (5) 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. 307 Display of nominations 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 Island council’s office , at the ( word omitted ) office. 308 Termination of candidature before noon on nomination day (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— (a) the nomination is of no effect; and (b) the person’s nomination fee must be refunded to the person. 309 Death of candidate 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. 310 Procedure if number of candidates not more than number required (1) If the number of candidates properly nominated for election does not exceed the number required to be elected—
56 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 Island 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 15(1) 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 Island 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 Island council for the council’s area for which the election was to be held. (4) The persons appointed are taken to have been properly elected as councillors of the Island council . (5) For Saibai Island council— (a) subsections (1) and (2) apply as if references in those subsections to an election were a reference to an election in relation to a clan; and (b) if the Governor in Council exercises power under subsection (2)—the power must be exercised subject to section 4A(3) of this regulation. 311 Procedure if number of candidates exceeds number required (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.
57 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 327; 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 8a.m. to 6p.m.; and (c) be displayed in a conspicuous position at the place of nomination and, if that place is not the Island 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. 312 Supply of voters roll (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.
58 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 313 Procedure on death of candidate when poll to be conducted (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 Island council start again. (5) If proceedings are started again, the Minister must, by gazette notice, fix a new polling day for the election. 314 Disposal of nomination fees generally (1) As soon as practicable after the conclusion of an election, each candidate’s nomination fee must be refunded to the candidate if— (a) the candidate is elected; or (b) ( omitted ) (ba) for Saibai Island council—the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election for the clan for which the candidate nominated; or (c) ( words omitted ) for all other Island councils —the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (2) ( omitted )
59 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (3) All other candidates’ nomination fees become the property of the Island council and must be paid into its general fund. (4) ( omitted ) 315 If successful candidate dies 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. 316 Extension of times (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 311 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 Island 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. Division 5 ( omitted ) Division 6 Polling booths 319 Polling booths—general (1) A place on or from which liquor may lawfully be sold can not be used as a polling booth.
60 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) However, a civic or cultural centre, community hall or similar place under the Island 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 311; 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 ) 320 Provision of ordinary polling booths (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. (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 311, the returning officer arranges for the use of an ordinary polling booth, the officer must give public notice—
61 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8a.m. to 6p.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. 321 Declaration of mobile polling booths (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 Island 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 must fix the times, during the period starting 11 days before the polling day and ending at 6p.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.
62 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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). 322 Duty of person in charge of institution (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. 323 Privacy of voting The returning officer must ensure that each polling booth is 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 324 Ballot boxes generally (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—
63 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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. 325 Requirements of ballot papers (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 Island 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—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and (f) ( omitted )
64 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2A) Subsection (2)(c)(iii) applies to the butts for the ballot papers for a poll for the Saibai Island council’s area as if, in relation to each clan, the poll were a separate poll. (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 327. (4) A ballot paper must not contain anyone else’s name. 326 Separate ballot papers for separate polls (1) This section applies if a poll for the election of chairperson of the Island council is to be conducted when a poll for election of another councillor of the Island council is conducted. (2) Separate ballot papers must be used for the polls unless the returning officer decides to use a combined ballot paper. 327 Order of listing of candidates’ names (1) The order in which names of candidates for election are to be listed on ballot papers and notices under section 311 is to be decided under this section. (2) The order must be decided by the returning officer as soon as 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
65 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 311. (5) The returning officer must allow each candidate, or the candidate’s representative, to be present when the order of candidates’ names is decided. 328 Distribution of ballot papers (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. (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.
66 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 363. 329 Correction of errors etc. 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.
67 Community Services (Torres Strait) Regulation 1998 Division 8 Schedule 1 (continued) Scrutineers 330 Candidates’ entitlement to scrutineers 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. 331 Appointment of scrutineers (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. 332 Proof of identification 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. 333 Powers of scrutineers (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
68 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (c) in a polling booth or other place—to watch the examination of 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 334 Who may vote Only electors may vote in a ballot taken in a poll. 335 When votes may be cast at an ordinary polling booth or mobile polling booth (1) Voting at an ordinary polling booth must take place between 8a.m. and 6p.m. on polling day. (2) However, an elector who is in an ordinary polling booth at 6p.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. 336 Procedure for voting at a polling booth (1) Subject to section 338 ( words omitted ), an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section.
69 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) The elector must enter a polling booth for the Island 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 344(a), (b) or (c); 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. (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; and
70 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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. 337 Duties of issuing officer for returned papers (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 336(4); 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 363(1)(g)(ii). 338 Arrangements for electors with disability (1) This section applies if an elector can not 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— (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
71 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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) 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 348 is complied with when the elector votes; or (b) for another vote—section 336 is complied with when the elector votes. (5) Subsections (2) and (3) apply to all types of voting under this division. 339 Arrangements for electors at institutions (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. (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
72 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 348 is complied with when the elector votes; or (b) for another vote—section 336 is complied with when the elector votes. 340 Arrangements for electoral visitor voting ( omitted ) 341 Help for electors in voting (1) If an elector satisfies an issuing officer that the elector can not 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; (c) explaining the ballot paper and the requirements of division 11 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—
73 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) • section 336(10) • section 348 • section 351. 342 Adjournment of poll (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 Island council’s area; and (b) in other ways the returning officer considers appropriate. Division 10 Declaration voting 343 Who may cast a declaration vote The following electors may cast a declaration vote— (a) an elector who, during ordinary voting hours on polling day, will not be within 8km, by the nearest practicable route, from a polling booth;
74 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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; 14 or (ii) under an arrangement under the Electoral Act 1992 , section 62 15 because of the Commonwealth Electoral Act 1918 (Cwlth), section 104. 16 344 Who must cast a declaration vote in ordinary elections In an election ( words omitted ), the following persons must cast a declaration vote— (a) an elector whose name is not on the voters roll apparently because of an official error; 14 Electoral Act 1992 , section 58 (Commission to keep electoral rolls) 15 Electoral Act 1992 , section 62 (Joint roll arrangement with Commonwealth) 16 Commonwealth Electoral Act 1918 (Cwlth), section 104 (Request for address not to be shown on Roll)
75 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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); 17 (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. 345 Declaration voting for postal ballot elections ( omitted ) 346 How declaration vote is cast Subject to section 336, an elector who may or must make a declaration vote must cast the vote by— (a) if the elector can not 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 Island council’s area during voting hours at the booth and following the procedures set out in section 348; or (c) going to the council’s office before polling day and following the procedures set out in section 352; or (d) if the elector is an elector mentioned in section 343 ( words omitted )—using the ballot paper and declaration envelope given to the elector by the returning officer, and following the procedures set out in section 351. 346A Distribution of ballot papers to certain electors who may cast declaration vote (1) This section applies to an elector mentioned in section 343(g). 17 Electoral Act 1992 , section 64 (Entitlement to enrolment)
76 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) As soon as practicable after the nomination day for an election, the returning officer for the election must give the following things to the elector— (a) a ballot paper; (b) the approved declaration envelope; (c) written instructions in the approved form on how the vote may be cast; (d) an unsealed stamped or postage paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper—( insert name of Island council area )’. (3) However, if the things mentioned in subsection (2) are posted to an address outside Australia, the envelope mentioned in subsection (2)(d) need not be stamped or postage paid. 347 Distribution of ballot papers to other electors who may or must cast declaration vote (1) An elector mentioned in section 343(a) to (f) 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 6p.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 344, the officer— (a) must not give a ballot paper to the applicant; but (b) must give to the applicant an approved declaration form.
77 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 stamped or postage paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper—( words omitted ) ( insert name of Island council’s area)’. (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), 18 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 stamped or postage paid. 348 How declaration vote may be cast at a polling booth (1) An elector who must cast a declaration vote ( words omitted ) may cast the vote by— (a) entering a polling booth in the Island 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. 18 An electoral roll mentioned in the Electoral Act 1992 , section 58(5) may be in a form other than a printed form.
78 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 with division 11; 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. 349 Distribution of ballot papers to electors for postal ballot election ( omitted ) 350 Record of ballot papers given to postal voters The issuing officer who gives a ballot paper and declaration envelope under section 347 ( words omitted ) must— (a) keep a record of the ballot paper and envelope given; and (b) sign the record. 351 Casting a declaration vote by post (1) An elector who has received a ballot paper and declaration envelope under section 346A or 347 ( words omitted ) must, before 6p.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
79 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) in private, mark a vote on the ballot paper in accordance with division 11; 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 the stamped or postage paid envelope mentioned in section 346A(2) (d) or 347(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. 352 Declaration voting before polling day (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 343(a) to (f) to cast a vote at the election before polling day— (a) the Island council’s office, or a part of the office ; or (b) ( omitted ) (c) another convenient place in the Island council’s area. (2) An elector mentioned in subsection (1) may, at any time during the relevant election period when the declared place is open for the conduct of business, ask an issuing officer at the declared place for a ballot paper. (3) Subject to section 336(5) to (7), 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 336; and (c) need not complete a declaration envelope. (5) If an elector is an elector who must cast a declaration vote under section 344, the elector—
80 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 348(3) 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 Island council’s area; and (b) not later than 6p.m. on the day before polling day. 353 Distribution of declaration envelopes when separate ballot papers or polls on same day (1) This section applies if— (a) under section 326, 19 separate ballot papers are used 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. 19 Section 326 (Separate ballot papers for separate polls)
81 Community Services (Torres Strait) Regulation 1998 Division 11 Schedule 1 (continued) Marking of ballot papers 354 Optional-preferential voting ( omitted ) 355 First-past-the-post voting (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. Division 12 Replacement ballot papers 356 Use of replacement ballot papers (1) If, while voting at a polling booth or voting under section 338 ( words omitted ), a ballot paper given to an elector is accidentally defaced or destroyed, an issuing officer must
82 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 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 363(1)(g)(ii). (3) If a ballot paper given to an elector under section 347 ( words omitted ) is lost in transit or is accidentally defaced or destroyed, the returning officer for the election must, before 6p.m. on polling day, give to the elector a replacement ballot paper and the approved declaration envelope 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
83 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 363(1)(g)(ii). (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 or 10; and (b) the vote cast must be dealt with under the appropriate provisions of division 14. Division 13 Effect of ballot papers 357 Effect of ballot papers—optional-preferential voting ( omitted ) 358 Effect of ballot papers—first-past-the-post voting (1) ( omitted ) (2) For a ballot paper to have effect as recording a vote in the election—
84 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (a) the ballot paper— (i) must be completed in accordance with section 355; 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 351— (i) section 351(1) must have been complied with; and (ii) if the elector is an elector mentioned in section 343(a) to (f) or 344 20 or an applicant who is given an approved declaration form under section 347(4) 21 ( words omitted ) , and the declaration 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 347 ( 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. 20 Section 343 (Who may cast a declaration vote) or 344 (Who must cast a declaration vote in ordinary elections) 21 Section 347 (Distribution of ballot papers to other electors who may or must cast declaration vote)
85 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 359 Posted vote presumed valid until contrary proved If a declaration envelope and ballot paper to which section 351 applies is received by a returning officer by post, it must be presumed the provisions of section 351(1) have been complied with in relation to the declaration on the envelope until the contrary is proved. 360 Formal and informal ballot papers (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. 361 Ballot paper partly formal and partly informal (1) This section applies if— (a) an election for chairperson and an election for the other councillors of the Island 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. (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. Division 14 Counting of votes 362 Votes to be counted in accordance with this division Votes cast in an election are to be counted as required by this division.
86 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 363 Preliminary counting by presiding officer (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 (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—
87 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 337(2) or 356(2)(e) or (4)(d), 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 Island 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 (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.
88 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 363A Preliminary processing of declaration votes by returning officer—postal ballot election) ( omitted ) 364 Preliminary processing of declaration votes by returning officer ( words omitted ) (1) ( omitted ) (2) After 8a.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. (3) As soon as practicable after 6p.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. (4) 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. 365 Procedure for processing declaration envelopes (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. (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—
89 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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 366. (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 366. (4) The returning officer must— (a) put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 364(3) 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. (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. 366 Official counting of votes (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.
90 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) First, the returning officer must ascertain from the presiding officers’ statements under section 363(2)— (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 363(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 (b) open all accepted envelopes mentioned in section 365(2)(d) that have not yet been opened and remove the ballot papers; and (c) identify, and keep in a separate parcel, all informal ballot papers; and (d) 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)(d)(i); or (b) ( omitted )
91 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (6) Fifth, the returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 351 after close of the poll. 367 Treatment of ballot paper to which objection is made (1) If, while a presiding officer or returning officer is complying with section 363 or 366, 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 363 or 366, 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. 368 Counting of votes for optional-preferential system ( omitted ) 369 Counting of votes for first-past-the-post system (1) ( omitted ) (2) If the election is for chairperson of the Island 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 Island 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
92 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (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) can not be applied, the candidate whose name is recorded under subsection (5)(g) is elected. (5) The returning officer must, in the presence of 2 witnesses— (a) prepare a list of the candidates; and (b) assign a different number or colour to each candidate; and (c) place only the marbles, balls or other similar things ( marbles ), complying with subsection (6), in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and (d) rotate the container and permit another person present who wishes to do so to rotate it; and (e) raise the container so that its contents can not be seen; and (f) while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and (g) record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f), is taken or allowed to come out of the container. (6) For subsection (5)(c), the marbles must be— (a) the same size and weight; and (b) the same colours or numbers as the colours or numbers assigned under subsection (5)(b) to the candidates. (7) The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (5).
93 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 370 Returning officer’s duty after counting votes (1) When the result of the poll for the election is known, the returning officer must— (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 371 Declaration of poll (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.
94 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (2) The returning officer must— (a) display the notice in a conspicuous place in the Island 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. 372 Notice of final result of poll (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. 373 Resolution about electors who fail to vote As soon as practicable after the conclusion of the election, the Island council must make a resolution deciding whether to take action under section 375 about electors who failed to vote in the election. 374 List of electors failing to vote (1) This section applies only if the Island council makes a resolution under section 373 deciding to take action under section 375 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—
95 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (a) have not been issued with ballot papers for the election; or (b) in the case of electors mentioned in section 343 ( 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 Island council . (4) The list is to be held in the Island council’s office, in the clerk’s custody. 375 Notice of failure to vote etc. (1) Subject to subsection (2), the Island 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 374 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 penalty ) to the council by a specified day, not earlier than 21 days after the elector receives the notice (the appropriate day ),
96 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 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. 376 Payments for failure to vote (1) If the Island council sends an elector a notice under section 375(1) for an election and payment is made to the council under section 375(2) to (4), the council must— (a) accept the payment; and (b) give the person a receipt for the payment; and
97 Community Services (Torres Strait) Regulation 1998 Schedule 1 (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. 377 Recording response to notice The Island council must record against the name of an elector who is given a notice under section 375 on the list made under section 374 whether the elector— (a) has complied with the requirements of the notice under section 375(2)(c); and (b) had a valid and sufficient reason for failing to vote at the election. 378 Evidentiary value of list under s 374 In a proceeding, a document purporting to be a list, or a copy of or extract from a list, made under section 374, and to be certified by the Island council’s clerk is evidence of the matters contained in the document. 379 Disposal of material resulting from election (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 370; and (c) endorse on each packet— (i) a description of its contents; and (ii) the name of the area of the Island council for which the election was held; and (iii) the polling day; and sign the endorsement; and
98 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (d) if the returning officer is not the council’s clerk —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 Island council may attend during the destruction of ballot papers by, or at the direction of, its clerk to ensure the papers are destroyed. 380 Ballot papers as evidence 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 Island council’s clerk under section 379 is evidence of the vote or votes cast in the election as recorded on the ballot paper. 381 Notice to electors whose ballot papers are not accepted (1) Subsection (2) applies if— (a) in an election, a person makes a declaration vote under section 344(a); 22 and (b) the person’s ballot paper is not accepted for counting under section 365 23 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 Island council must send a notice in the approved form to the person advising the person why the ballot paper was not accepted for counting. 22 Section 344 (Who must cast a declaration vote in ordinary elections) 23 Section 365 (Procedure for processing declaration envelopes)
99 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 382 Notice to electoral commission of certain declaration votes 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 383 False or misleading statements (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— 2 penalty units . (2) A complaint against a person for a contravention of subsection (1) is sufficient if it states that the statement was false or misleading to the person’s knowledge. 384 False, misleading or incomplete electoral documents A person must not give a document under this schedule containing information that the person knows is false, misleading or incomplete in a material particular without— (a) indicating that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and
100 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) giving the correct information if the person has, or can reasonably obtain, the correct information. Maximum penalty— 2 penalty units . 385 Bribery (1) In this section— election conduct , of a person, means— (a) the way in which the person votes at an election; or (b) the person’s nominating as a candidate for an election; or (c) ( omitted ) (2) A person must not— (a) ask for or receive; or (b) offer, or agree, to ask for or receive; property or a benefit of any kind (whether for the person or someone else) on the understanding that the person’s election conduct will be influenced or affected. (3) A person must not, in order to influence or affect another person’s election conduct, give, or promise or offer to give, property or a benefit of any kind to anyone else. Maximum penalty— 2 penalty units . 386 Providing money for illegal payments A person must not knowingly give money for— (a) any payment that is contrary to law relating to elections; or (b) replacing any money that has been spent in making a payment mentioned in paragraph (a). Maximum penalty— 2 penalty units .
101 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 387 Improperly influencing electoral officers A person must not improperly influence an electoral officer in the performance of the officer’s duties under this regulation . Maximum penalty— 2 penalty units . 388 Interfering with election right or duty A person must not hinder or interfere with the free exercise or performance, by another person, of another right or duty under this regulation that relates to an election. Maximum penalty— 2 penalty units . 389 Forging or uttering electoral papers (1) A person must not— (a) forge an electoral paper; or (b) utter a forged electoral paper knowing it to be forged. Maximum penalty— 2 penalty units . (2) A person must not make someone else’s signature on an electoral paper. Maximum penalty— 2 penalty units . 390 Wilful neglect etc. of electoral officers An electoral officer must not wilfully neglect or fail to perform a duty under this regulation . Maximum penalty— 2 penalty units . 391 No record to be made of vote cast An electoral officer, or scrutineer, must not make a mark, memorandum or note on a voters roll or other list of voters or otherwise— (a) that indicates for whom a person has cast a vote; or
102 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) that would enable the officer or scrutineer to know or remember for whom a person has cast a vote. Maximum penalty— 2 penalty units . Subdivision 2 Offences about electoral advertising and information 392 Responsibility for election matter (1) A person must not, during the election period for an election— (a) print, publish, distribute or broadcast; or (b) permit or authorise someone else to print, publish, distribute or broadcast; any advertisement, handbill, pamphlet or notice containing election matter unless there appears, or is stated, at its end the particulars required by subsection (2). Maximum penalty— 2 penalty units . (2) The particulars are the name and address, other than a post office box or facility, of the person who authorised the advertisement, handbill, pamphlet or notice. (3) Subsection (1) does not apply to an advertisement that— (a) is printed, published or distributed on a car sticker, T-shirt, lapel badge, pen, pencil or balloon; or (b) ( omitted ) (4) Also, subsection (1) does not apply to distributing, or permitting or authorising someone else to distribute, a how-to-vote card. 392A Distribution of how-to-vote cards (1) During the election period for an election, a person must not distribute, or permit or authorise someone else to distribute, a
103 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) how-to-vote card that does not comply with subsections (2) to (5). Maximum penalty— (a) for an individual— 2 penalty units; or (b) for a corporation— 2 penalty units. (2) A how-to-vote card must state the name and address of the person who authorised the card. (3) For subsection (2)— (a) the address must not be a post office box; and (b) if the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates, the authorising person must be a member of the group. (4) A how-to-vote card must also state— (a) if the card is authorised for a political party or a candidate endorsed by a political party—the party’s name; or (b) if paragraph (a) does not apply and the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates—the group’s name; or (c) otherwise—the candidate’s name and the word ‘candidate’. Example for paragraph (a) — ‘Authorised P. Smith, 100 Green Street Brisbane for [name of political party] ’. Example for paragraph (c) — ‘Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)’. (5) The particulars mentioned in subsections (2) and (4) must appear— (a) at the end of each printed face of the how-to-vote card; and
104 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (b) in prominent and legible characters in print no smaller than— (i) if the card is not larger than A6—10 point; or (ii) if the card is larger than A6 but not larger than A3—14 point; or (iii) if the card is larger than A3—20 point. (6) During the election period for an election, a person must not distribute, or permit or authorise someone else to distribute, a how-to-vote card if the person knows, or ought reasonably to know, that the particulars, or any of the particulars, mentioned in subsections (2) and (4) on the card are false. Maximum penalty— (a) for an individual— 2 penalty units; or (b) for a corporation— 2 penalty units. (7) In this section— associated entity means an incorporated or unincorporated body, or the trustee of a trust, that— (a) is controlled by 1 or more political parties; or (b) operates wholly or mainly for the benefit of 1 or more political parties. group of candidates means a group of candidates— (a) formed to promote the election of the candidates for a particular Island council, but does not include a political party or an associated entity; and (b) that has a name. name , of a political party, means— (a) if the register includes an abbreviation of the party’s name—the abbreviation; or (b) otherwise—the party’s full name included in the register. register means the register of political parties kept under the Electoral Act 1992 .
105 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 393 Headline to electoral advertisements The proprietor of a newspaper commits an offence if— (a) an article, or a paragraph, containing matter about an election is printed in the newspaper; and (b) either— (i) the insertion of the article or paragraph is, or is to be, paid for; or (ii) any reward or compensation, or promise of reward or compensation, is, or is to be, made for the insertion of the article or paragraph; and (c) the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer. Maximum penalty— 2 penalty units . 394 Misleading voters (1) During an election period, a person must not print, publish, distribute or broadcast anything that is intended or likely to mislead an elector about the way of voting at the election. (2) A person must not, for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact about the personal character or conduct of the candidate. (3) During an election period, a person must not print, publish, distribute or broadcast by television anything that purports to be a representation of a ballot paper for use in the election, if it is likely to induce an elector to vote other than in accordance with this part. Maximum penalty— 2 penalty units .
106 Community Services (Torres Strait) Regulation 1998 Subdivision 3 Schedule 1 (continued) Offences about voting 395 Failure to vote (1) An elector must not— (a) fail to vote at an election without valid and sufficient reason; or (b) fail to comply with the requirements of a notice given to the elector under section 375; or (c) purport to comply with the requirements of a notice given to the elector under section 375, make a statement the elector knows to be false or misleading in a material particular. Maximum penalty—1 penalty unit. (2) An elector’s belief that it is part of the elector’s religious duty not to vote at elections is valid and sufficient reason for the elector’s failure to vote in a particular election. (3) A complaint against a person for a contravention of subsection (1)(c) is sufficient if it states that the statement was false or misleading to the person’s knowledge. 396 Leave to vote (1) This section applies if— (a) an employee who is an elector asks his or her employer, before polling day for an election, for leave of absence to vote at the election; and (b) the absence is necessary to enable the employee to vote at the election. (2) The employer must allow the employee leave of absence for a reasonable period (not more than 2 hours) to enable the employee to vote at the election, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned.
107 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (3) The employer must not impose any penalty or disproportionate deduction of pay for the leave of absence. (4) An employee must not ask for leave of absence under subsection (1) to vote at an election unless the employee genuinely intends to vote at the election. Maximum penalty— 2 penalty units . 397 Canvassing in or near polling booths (1) During an election period, a person must not do any of the things mentioned in subsection (2)— (a) inside a polling booth; or (b) within 6m of an entrance to a building if— (i) the building is, or is part of, a polling booth; and (ii) either a ballot box is in the building for use in the election, or a person is in the building for the purpose of casting a vote in the election. (2) The things are— (a) canvassing for votes; or (b) inducing an elector not to— (i) vote in a particular way; or (ii) vote at all in the election; or (c) loitering; or (d) obstructing the free passage of a person seeking to vote. Maximum penalty— 2 penalty units . 398 Interrupting voting etc. A person must not— (a) enter or remain in a polling booth other than under this regulation ; or (b) wilfully interrupt, obstruct or disturb any proceeding at an election; or
108 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) (c) enter a voting compartment other than under this regulation ; or (d) prevent a scrutineer from entering or leaving a polling place— (i) during voting hours for the polling place; or (ii) while votes are being counted at the polling place; or (e) obstruct or wilfully mislead an electoral officer in the performance of a duty. Maximum penalty— 2 penalty units . 399 Influencing voting A person must not, by violence or intimidation, influence a person’s vote at an election. Maximum penalty— 2 penalty units . 400 Party badges not to be worn in polling booths ( omitted ) 401 Voting if not entitled A person must not, at an election— (a) vote in someone else’s name (including a dead or fictitious person); or (b) vote more than once; or (c) cast a vote that the person knows the person is not entitled to cast; or (d) if the person knows someone else is not entitled to vote at the election, procure the other person to vote. Maximum penalty— 2 penalty units .
109 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 402 Offences relating to ballot papers (1) A person must not— (a) wilfully fail to comply with section 336 or 351; or (b) take a ballot paper out of a polling booth other than under this part; or (c) place in a ballot box a ballot paper that has not been— (i) given to an elector under this part; or (ii) marked by the elector. (2) A person must not, without lawful excuse, obtain possession of or have in the person’s possession— (a) a ballot paper that has been marked by anyone else; or (b) a declaration form or envelope that has been signed by anyone else. Maximum penalty— 2 penalty units . 403 Failure to deliver or post documents for someone else (1) If a person is given, for delivery or posting to the returning officer— (a) an application by someone else to be treated as a declaration voter; or (b) a declaration form that appears to be completed; the person must promptly deliver or post it to the returning officer. (2) If a person is given, for delivery or posting to the returning officer, a declaration envelope that appears to be completed, the person must give or post it to the returning officer before 6p.m. on polling day. Maximum penalty— 2 penalty units.
110 Community Services (Torres Strait) Regulation 1998 Schedule 1 (continued) 404 Breach of confidentiality of vote (1) A person must not examine a ballot paper used in the election to ascertain the candidates for whom an elector has voted. (2) Subsection (1) does not apply to a proceeding in a court or a person in the performance of functions under this regulation . (3) If, in performing a function for an election, a person has ascertained the candidates for whom an elector has cast a vote, the person must not disclose, or assist in disclosing, that fact, unless the person is required by law to make the disclosure. Maximum penalty— 2 penalty units . 405 Breaking seals on parcels A person must not wilfully open or break the seal of a parcel or packet sealed under this part unless the person is authorised under this regulation or ordered by a court to open or break the seal. Maximum penalty— 2 penalty units . 406 Duty of witness to signing of declaration voting papers A person (the witness ) must not sign a declaration envelope as witness under section 351 unless— (a) the witness is satisfied of the identity of the elector who signs the declaration before the witness; and (b) the witness has seen the elector sign the declaration; and (c) either— (i) the witness knows that the declaration made by the elector is true; or (ii) the witness is satisfied that the declaration is true because of inquiries of the elector or otherwise. Maximum penalty— 2 penalty units .
111 Community Services (Torres Strait) Regulation 1998 Subdivision 4 Schedule 1 (continued) ( omitted ) Part 7 Fresh elections 408 Requirements for fresh election ( omitted ) 409 Time for fresh election ( omitted ) 410 Returning officer for fresh election The returning officer for a fresh election of councillors of an Island council is the council’s clerk or, if there is no clerk , a person appointed by the Minister. 411 Voters roll for fresh election A voters roll for a fresh election must be compiled under the order in council directing the holding of the fresh election. 412 Other provisions of schedule apply The provisions of this schedule (other than this part) apply, with all necessary changes ( words omitted ) to a fresh election as if the election were a quadrennial election. 413 Extension of term of councillors ( omitted ) Part 8 ( omitted )
112 Community Services (Torres Strait) Regulation 1998 Schedule 1A Declaration of council areas section 64A Column 1 Part of the State The land mentioned in the first and second schedules of deed of grant reference number 21296126 The land mentioned in the first and second schedules of deed of grant reference number 21328057 The land mentioned in the first and second schedules of deed of grant reference number 21296127 The land mentioned in the first and second schedules of deed of grant reference number 21296130 The land mentioned in the first and second schedules of deed of grant reference number 21296129 The land mentioned in the first and second schedules of deed of grant reference number 21296131 The land mentioned in the first and second schedules of deed of grant reference number 21296138 The land mentioned in the first and second schedules of deed of grant reference number 21296132 The land mentioned in the first and second schedules of deed of grant reference number 21296133 Column 2 Council area Badu council area Bamaga council area Boigu council area Dauan council area Erub council area a Hammond council area Iama council area b Kubin council area Mabuiag council area
113 Community Services (Torres Strait) Regulation 1998 Schedule 1A (continued) Column 1 The land described as Lot 48 on crown plan TS207 and Lots 1 and 55 on crown plan 846896 The land mentioned in the first and second schedules of deed of grant reference number 21296128 The land mentioned in the first and second schedules of deed of grant reference number 21296134 The land mentioned in the first and second schedules of deed of grant reference number 21352022 The land mentioned in the first and second schedules of deed of grant reference number 21296136 The land mentioned in the first and second schedules of deed of grant reference number 21296135 The land mentioned in the first and second schedules of deed of grant reference number 21296137 The land mentioned in the first and second schedules of deed of grant reference number 21296139 Column 2 Mer council area Poruma council area c Saibai council area Seisia council area St Pauls council area Ugar council area d Warraber council area e Yorke council area a This council area was previously called Darnley Island council area. b This council area was previously called Yam Island council area. c This council area was previously called Coconut Island council area. d This council area was previously called Stephen Island council area. e This council area was previously called Sue Island council area.
114 Community Services (Torres Strait) Regulation 1998 Schedule 1B Seisia community justice group section 64B Part 1 Preliminary 1 Definitions for sch 1B In this schedule— council means the Seisia Island Council. main indigenous social grouping means the group of Torres Strait Islanders who live in the Seisia Island Council area. nominating entity means— (a) the main indigenous social grouping; or (b) the council. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 84(2) The name of the community justice group for the Seisia Island Council area is Ibopuydhan Balbygimaipa Community Justice Group.
115 Community Services (Torres Strait) Regulation 1998 Part 3 Schedule 1B (continued) Membership 3 Number of members The justice group comprises at least 5 but not more than 20 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of the main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) The main indigenous social grouping must nominate at least the following number of persons, but not more than 19 persons, to be members of the justice group— (a) if the council does not nominate a person under subsection (2)—5; (b) otherwise—4. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice.
116 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated or withdrew the nomination of the person. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing.
117 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Island custom.
118 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) (2) The justice group may only make decisions about business relating to its functions under section 85(1)(a), (c), (d) or (e) 24 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 24 Section 85(1)(a), (c), (d) or (e) of the Act— 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002 , part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act.
119 Community Services (Torres Strait) Regulation 1998 Schedule 1B (continued) 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
120 Community Services (Torres Strait) Regulation 1998 Schedule 1C Bamaga community justice group section 64B Part 1 Preliminary 1 Definitions for sch 1C In this schedule— council means the Bamaga Island Council. main indigenous social grouping means each of the following groups of Torres Strait Islanders— • Badu Islanders • Darnley Islanders • Mabuiag Islanders • Mer Islanders • Saibai Islanders • the historical residents of the Bamaga Island Council area • the traditional owners of the Bamaga Island Council area. nominating entity means the following— (a) a main indigenous social grouping; (b) the council. special meeting see section 10(2).
121 Community Services (Torres Strait) Regulation 1998 Part 2 Schedule 1C (continued) Name of community justice group 2 Name—Act, s 84(2) The name of the community justice group for the Bamaga Council area is the Bamaga Mina Kodomir (Proper Voice) Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 7 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the Bamaga Council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person to be a member of the justice group. (2) Each person nominated by a main indigenous social grouping must be a member of the grouping. (3) The council may nominate 1 person to be a member of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it.
122 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated or withdrew the nomination of the person. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or
123 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom.
124 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) (2) The justice group may only make decisions about business relating to its functions under section 85(1)(a), (c), (d) or (e) 25 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 25 Section 85(1)(a), (c), (d) or (e) of the Act— 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002 , part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act.
125 Community Services (Torres Strait) Regulation 1998 Schedule 1C (continued) 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
126 Community Services (Torres Strait) Regulation 1998 Schedule 2 Dictionary section 2 buway means one of the following tribal groups under Island custom on Saibai Island— • Koeybuway • Moegibuway. buway member means a person who, under Island custom on Saibai Island, is a member of a buway. clans means the following— • Ait Koedal • Dhoeybaw • Saibai Koedal • Samu • Sui-Baydam • Thabu • Umay. clerk means the person appointed by an Island council, under section 51, as the clerk of the council. councillor , of an Island council, includes the chairperson. cut-off date see section 14. directly elected , for a chairperson of an Island council, means directly elected by the electors of the council’s area. elders , of the clans, means the persons who, under Island custom on Saibai Island, are the elders of the clans. elector means a person entitled to vote under this regulation.
127 Community Services (Torres Strait) Regulation 1998 Schedule 2 (continued) fine option order has the meaning given by the Penalties and Sentences Act 1992 . 26 justice group , for a relevant schedule, means the community justice group named in the schedule. pecuniary interest disclosure means a disclosure made under section 47 27 of the Act. post-election meeting means a meeting held under section 27. relevant schedule means a schedule of this regulation other than schedule 1, 1A or 2. trust money , of an Island council or the Island Coordinating 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 into its trust fund. 26 Under the Penalties and Sentences Act 1992 , section 4, a fine option order means a fine option order made under part 4, division 2 of the Act. Under a fine option order, an order that an offender pay a fine may be suspended to allow the offender to perform community service in place of payment of the fine. The number of hours of community service that may be required in place of a fine must not be more than 5 hours for each penalty unit, or part of a penalty unit, that was imposed as a fine under the original order. 27 Section 47 (Disclosure of interests at meetings) of the Act
128 Community Services (Torres Strait) Regulation 1998 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 December 2007. Future amendments of the Community Services (Torres Strait) Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
129 Community Services (Torres Strait) Regulation 1998 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 2 Amendments to 1998 SL No. 274 2000 SL No. 5 2000 SL No. 49 2002 SL No. 85 2002 SL No. 85 Effective 9 October 1998 21 January 2000 24 March 2000 26 April 2002 26 April 2002 Reprint date 21 October 1998 8 February 2000 6 April 2000 10 May 2002 26 April 2002 Reprint No. 2A rv 2B 2C 2D 2E 3 3A 3B 3C 3D 3E 4 Amendments included 2003 SL No. 74 2003 SL No. 198 2003 SL No. 302 2003 SL No. 384 2004 SL No. 319 — 2007 SL No. 4 2007 SL No. 71 2007 SL No. 182 2007 SL No. 183 2007 SL No. 183 2007 SL No. 335 — Effective 24 April 2003 29 August 2003 28 November 2003 23 December 2003 1 January 2005 1 January 2005 2 February 2007 27 April 2007 27 July 2007 4 August 2007 14 December 2007 14 December 2007 Notes R2E withdrawn, see R3 5 List of legislation Community Services (Torres Strait) Regulation 1998 SL No. 193 made by the Governor in Council on 23 June 1998 notfd gaz 26 June 1998 pp 1036–7 commenced on date of notification exp 1 September 2008 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Community Services Legislation Amendment Regulation (No. 1) 1998 SL No. 274 pts 1, 3 notfd gaz 9 October 1998 pp 489–91 commenced on date of notification
130 Community Services (Torres Strait) Regulation 1998 Community Services Legislation Amendment Regulation (No. 1) 2000 SL No. 5 pts 1, 3 notfd gaz 21 January 2000 pp 192–3 commenced on date of notification Community Services Legislation Amendment Regulation (No. 2) 2000 SL No. 49 pts 1, 3 notfd gaz 24 March 2000 pp 1130–1 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2002 SL No. 85 pts 1, 3 notfd gaz 26 April 2002 pp 1540–3 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2003 SL No. 74 pts 1, 3 notfd gaz 24 April 2003 pp 1436–7 commenced on date of notification Community Services Legislation Amendment Regulation (No. 2) 2003 SL No. 198 pts 1, 3 notfd gaz 29 August 2003 pp 1443–4 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 SL No. 302 notfd gaz 28 November 2003 pp 1032–5 commenced on date of notification Community Services Legislation Amendment Regulation (No. 3) 2003 SL No. 384 pts 1, 3 notfd gaz 23 December 2003 pp 1325–6 commenced on date of notification Local Government (Community Government Areas) Regulation 2004 SL No. 319 ss 1–2, 23 sch 1 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Community Services (Torres Strait) Amendment Regulation (No. 1) 2007 SL No. 4 notfd gaz 2 February 2007 pp 533–4 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 2) 2007 SL No. 71 notfd gaz 27 April 2007 pp 1887–90 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 3) 2007 SL No. 182 notfd gaz 27 July 2007 pp 1645–6 commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 4) 2007 SL No. 183 notfd gaz 27 July 2007 pp 1645–6 ss 1–2 commenced on date of notification
131 Community Services (Torres Strait) Regulation 1998 s 4 commenced 4 August 2007 (see s 2) remaining provisions commenced on date of notification Community Services (Torres Strait) Amendment Regulation (No. 5) 2007 SL No. 335 notfd gaz 14 December 2007 pp 2131–5 commenced on date of notification 6 List of annotations Meaning of “conclusion” of election for Island council s 3 om 2003 SL No. 384 s 10 Membership of Island councils s 4 amd 2000 SL No. 5 s 18 Saibai Island council to have 7 councillors s 4A ins 2000 SL No. 5 s 19 Proposal to decide other number of councillors s 5 amd 2000 SL No. 5 s 20 Resolution of Island council s 6 amd 2000 SL No. 5 s 21 Petition by electors of area s 7 amd 2000 SL No. 5 s 21 Minister to make decision about resolution or petition s 8 amd 2000 SL No. 5 s 21 Change in membership takes effect at next quadrennial election prov hdg amd 2000 SL No. 5 s 21 s 9 amd 2000 SL No. 5 s 21 Qualifications for councillors s 10 amd 2000 SL No. 5 s 22; 2000 SL No. 49 s 5 Disqualification of councillors s 11 amd 2000 SL No. 5 s 23; 2003 SL No. 198 s 8; 2004 SL No. 319 s 23 sch 1 Term of office as appointed councillor s 12 amd 2000 SL No. 5 s 21 When councillor’s office becomes vacant s 13 amd 2000 SL No. 5 s 21 Filling of earlier vacancies by by-election s 14 amd 2000 SL No. 5 s 21 Membership of Island councils s 16 amd 2000 SL No. 5 s 24 Duration of appointment of chairperson s 17 amd 2000 SL No. 5 s 21
132 Community Services (Torres Strait) Regulation 1998 Office of chairperson may be declared vacant s 19 amd 2000 SL No. 5 s 25 Resolution of Island council s 22 amd 2000 SL No. 5 s 21 Petition by electors of area s 23 amd 2000 SL No. 5 s 21 Direct election of chairperson takes effect at next election s 25 amd 2000 SL No. 5 s 21 Post-election meetings s 27 amd 2000 SL No. 5 s 21 Procedure at meetings s 33 amd 2000 SL No. 49 s 6 Public notice of resolution authorising remuneration s 42 amd 2003 SL No. 198 s 9 Community funds s 44 amd 2002 SL No. 85 s 27 Approved forms for annual financial statements s 49 amd 2000 SL No. 5 s 26; 2003 SL No. 198 s 10 Appointment of chairperson and deputy chairperson s 58 amd 2000 SL No. 5 s 21 PART 10—ISLAND COUNCIL AREAS pt hdg ins 2000 SL No. 5 s 28 Declaration of council areas—Act, s 14 s 64A ins 2000 SL No. 5 s 28 PART 10A—COMMUNITY JUSTICE GROUPS pt hdg ins 2003 SL No. 302 s 5 Establishment of community justice groups—Act, s 84(1) s 64B ins 2003 SL No. 302 s 5 Criminal history checks s 64C (prev s 64B) ins 2003 SL No. 74 s 5 renum 2003 SL No. 302 s 4 PART 11—MISCELLANEOUS pt hdg prev pt 11 hdg exp 26 June 1998 (see s 68) pres pt 11 hdg (prev pt 10 hdg) renum 2000 SL No. 5 s 27 reloc 2003 SL No. 302 s 3 Appointment of financial controller—Mer Island council s 65A ins 2007 SL No. 4 s 3 amd 2007 SL No. 183 s 4 Appointment of financial controller—Badu Island council s 65B ins 2007 SL No. 71 s 3 sub 2007 SL No. 182 s 3
133 Community Services (Torres Strait) Regulation 1998 Appointment of financial controller—Saibai Island council s 65C ins 2007 SL No. 183 s 5 Appointment of financial controllers—Dauan Island council s 65D ins 2007 SL No. 335 s 3 PART 12—TRANSITIONAL PROVISIONS pt hdg ins 2000 SL No. 5 s 29 amd 2003 SL No. 302 s 6 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 s 66 prev s 66 exp 26 June 1998 (see s 68) pres s 66 ins 2000 SL No. 5 s 29 Transitional provision for Saibai Island council s 67 prev s 67 exp 26 June 1998 (see s 68) pres s 67 ins 2000 SL No. 5 s 29 Transitional provision for Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 s 68 prev s 68 exp 26 June 1998 (see s 68) pres s 68 ins 2003 SL No. 302 s 7 SCHEDULE 1—ELECTIONS sub 1998 SL No. 274 s 5 PART 1—GENERAL Quadrennial elections prov hdg sub 2000 SL No. 5 s 30(1) s 266 amd 2000 SL No. 5 s 30(2) Types of elections s 267 amd 2000 SL No. 5 s 31 Date of quadrennial elections prov hdg sub 2000 SL No. 5 s 32(1) s 269 amd 2000 SL No. 5 s 32(2) Date of by-elections s 270 amd 2002 SL No. 85 s 29 Clerk is returning officer s 272 amd 2002 SL No. 85 s 28 PART 3—VOTERS ROLL Returning officer must compile voters roll s 275 amd 2000 SL No. 5 s 33 Cut-off day for voters roll s 277 amd 2000 SL No. 5 ss 28, 34 Requirements of voters roll s 279 amd 2000 SL No. 5 s 35
134 Community Services (Torres Strait) Regulation 1998 PART 6—CONDUCT OF ELECTIONS Qualification for nomination s 298 amd 2002 SL No. 85 s 30 Division 4—Nominations of candidates for election div hdg amd 2000 SL No. 5 s 36 Who may nominate s 302 amd 2002 SL No. 85 ss 28, 31 How and when nomination is given s 303 amd 2000 SL No. 5 s 37 Certificate of returning officer s 306 amd 2002 SL No. 85 s 28 Display of nominations s 307 amd 2002 SL No. 85 s 32 Procedure if number of candidates not more than number required s 310 amd 2000 SL No. 5 s 38 Procedure if number of candidates exceeds number required s 311 amd 2002 SL No. 85 s 28 Disposal of nomination fees generally s 314 amd 2000 SL No. 5 s 39 Extension of times s 316 amd 2002 SL No. 85 s 28 Polling booths—general s 319 amd 2002 SL No. 85 s 28 Provision of ordinary polling booths s 320 amd 2002 SL No. 85 s 28 Requirements of ballot papers s 325 amd 2000 SL No. 5 s 40; 2002 SL No. 85 ss 28, 33 Separate ballot papers for separate polls s 326 amd 2000 SL No. 5 s 41; 2002 SL No. 85 s 34 Order of listing of candidates’ names s 327 amd 2002 SL No. 85 s 28 Distribution of ballot papers s 328 amd 2002 SL No. 85 s 28 Who may vote s 334 amd 2003 SL No. 198 s 11 Procedure for voting at a polling booth s 336 amd 2002 SL No. 85 s 28 Duties of issuing officer for returned papers s 337 amd 2002 SL No. 85 s 28
135 Community Services (Torres Strait) Regulation 1998 Arrangements for electors with disability s 338 amd 2002 SL No. 85 ss 28, 35 Arrangements for electors at institutions s 339 amd 2002 SL No. 85 s 28 Help for electors in voting s 341 amd 2002 SL No. 85 s 28 Who may cast a declaration vote s 343 amd 2002 SL No. 85 s 36 How declaration vote is cast s 346 amd 2002 SL No. 85 s 28 Distribution of ballot papers to certain electors who may cast declaration vote s 346A ins 2000 SL No. 5 s 42 Distribution of ballot papers to other electors who may or must cast declaration vote prov hdg amd 2002 SL No. 85 s 37(1) s 347 amd 2002 SL No. 85 ss 28, 37(2)–(3) How declaration vote may be cast at a polling booth s 348 amd 2002 SL No. 85 s 28 Record of ballot papers given to postal voters s 350 amd 2002 SL No. 85 s 28 Casting a declaration vote by post s 351 amd 2002 SL No. 85 ss 28, 38 Declaration voting before polling day s 352 amd 2002 SL No. 85 ss 28, 39; 2003 SL No. 198 s 12 Distribution of declaration envelopes when separate ballot papers or polls on same day s 353 amd 2000 SL No. 5 s 43 Use of replacement ballot papers s 356 amd 2002 SL No. 85 s 28 Effect of ballot papers—first-past-the-post voting s 358 amd 2002 SL No. 85 ss 28, 40 Posted vote presumed valid until contrary proved s 359 amd 2002 SL No. 85 s 28 Ballot paper partly formal and partly informal s 361 amd 2002 SL No. 85 s 28 Preliminary counting by presiding officer s 363 amd 2002 SL No. 85 ss 28, 41 Preliminary processing of declaration votes by returning officer—postal ballot election) s 363A ins 2002 SL No. 85 s 42
136 Community Services (Torres Strait) Regulation 1998 Preliminary processing of declaration votes by returning officer ( words omitted ) prov hdg amd 2002 SL No. 85 s 43(1) s 364 amd 2002 SL No. 85 s 43(2)–(3) Procedure for processing declaration envelopes s 365 amd 2002 SL No. 85 ss 28, 44 Official counting of votes s 366 amd 2002 SL No. 85 s 28 Treatment of ballot paper to which objection is made s 367 amd 2002 SL No. 85 s 28 Counting of votes for first-past-the-post system s 369 amd 2002 SL No. 85 s 28; 2003 SL No. 198 s 13 List of electors failing to vote s 374 amd 2002 SL No. 85 s 28 Recording response to notice s 377 amd 2002 SL No. 85 s 28 Evidentiary value of list under s 374 s 378 amd 2002 SL No. 85 s 28 Disposal of material resulting from election s 379 amd 2002 SL No. 85 s 28 Ballot papers as evidence s 380 amd 2002 SL No. 85 s 28 False or misleading statements s 383 amd 2002 SL No. 85 s 45 False, misleading or incomplete electoral documents s 384 amd 2002 SL No. 85 s 45 Bribery s 385 amd 2002 SL No. 85 s 45 Providing money for illegal payments s 386 amd 2002 SL No. 85 s 45 Improperly influencing electoral officers s 387 amd 2002 SL No. 85 s 45 Interfering with election right or duty s 388 amd 2002 SL No. 85 ss 45–46 Forging or uttering electoral papers s 389 amd 2002 SL No. 85 s 45 Wilful neglect etc. of electoral officers s 390 amd 2002 SL No. 85 s 45 No record to be made of vote cast s 391 amd 2002 SL No. 85 s 45
137 Community Services (Torres Strait) Regulation 1998 Responsibility for election matter s 392 amd 2002 SL No. 85 ss 45, 47; 2003 SL No. 384 s 11 Distribution of how-to-vote cards s 392A ins 2002 SL No. 85 s 48 Headline to electoral advertisements s 393 amd 2002 SL No. 85 s 45 Misleading voters s 394 amd 2002 SL No. 85 s 45 Failure to vote s 395 amd 2002 SL No. 85 s 28 Leave to vote s 396 amd 2002 SL No. 85 s 45 Canvassing in or near polling booths s 397 amd 2002 SL No. 85 s 45 Interrupting voting etc. s 398 amd 2002 SL No. 85 s 45 Influencing voting s 399 amd 2002 SL No. 85 s 45 Voting if not entitled s 401 amd 2002 SL No. 85 s 45 Offences relating to ballot papers s 402 amd 2002 SL No. 85 ss 28, 45 Failure to deliver or post documents for someone else s 403 amd 2002 SL No. 85 s 45 Breach of confidentiality of vote s 404 amd 2002 SL No. 85 s 45 Breaking seals on parcels s 405 amd 2002 SL No. 85 ss 45, 49 Duty of witness to signing of declaration voting papers s 406 amd 2002 SL No. 85 ss 28, 46 PART 7—FRESH ELECTIONS Other provisions of schedule apply s 412 amd 2000 SL No. 5 s 21 SCHEDULE 1A—DECLARATION OF COUNCIL AREAS ins 2000 SL No. 5 s 44 sub 2002 SL No. 85 s 50 SCHEDULE 1B—SEISIA COMMUNITY JUSTICE GROUP ins 2003 SL No. 302 s 8 SCHEDULE 1C—BAMAGA COMMUNITY JUSTICE GROUP ins 2003 SL No. 302 s 8
138 Community Services (Torres Strait) Regulation 1998 SCHEDULE 2—DICTIONARY def “buway” ins 2000 SL No. 5 s 45(1) def “buway member” ins 2000 SL No. 5 s 45(1) def “clans” ins 2000 SL No. 5 s 45(1) def “conclusion” om 2003 SL No. 384 s 12 def “elders” ins 2000 SL No. 5 s 45(1) def “justice group” ins 2003 SL No. 203 s 9 def “pecuniary interest disclosure” amd 2000 SL No. 5 s 45(2); 2003 SL No. 198 s 14 def “relevant schedule” ins 2003 SL No. 203 s 9 © State of Queensland 2008