Local Government (Community Forums) Regulation 2008

Queensland Local Government Act 1993 Local Government (Community Forums) Regulation 2008 Reprinted as in force on 15 February 2008 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before lapse Lapsed by 2009 Act No. 17 s 291

Information about this reprint This regulation is reprinted as at 15 February 2008. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use standard punctuation consistent with current drafting practice (s 27). This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced. 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 Local Government (Community Forums) Regulation 2008 Contents 1 2 3 4 5 6 Schedule 1 Part 1 266 267 268 269 270 271 Part 2 272 273 274 Part 3 275 276 277 278 279 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Election of ordinary members of community forums . . . . . . . . . . 7 Qualifications for ordinary members of community forums . . . . . 7 Further special provisions about Saibai community forum. . . . . . 8 Termination of indigenous regional council employment on becoming ordinary member of community forum . . . . . . . . . . . . . 8 Community forum elections . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 General Quadrennial elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Elections to be held on a Saturday. . . . . . . . . . . . . . . . . . . . . . . . 10 Date of community forum elections . . . . . . . . . . . . . . . . . . . . . . . 10 Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Indigenous regional council responsible for expenditure for conducting elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Returning officers Chief executive officer is returning officer. . . . . . . . . . . . . . . . . . . 11 Appointment of returning officer in place of the chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . 13 Voters roll Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . 13 Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . 14 Cut off day for voters roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Use of electoral roll when practicable. . . . . . . . . . . . . . . . . . . . . . 14 Requirements of voters roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Local Government (Community Forums) Regulation 2008 Contents 280 281 Part 4 282 283 Part 5 Part 6 Division 1 289 Division 2 290 291 292 293 294 295 296 297 Division 3 298 299 300 Division 4 301 302 303 304 305 306 307 308 309 310 311 Page 2 Voters roll to be open to inspection and purchase . . . . . . . . . . . . Electoral registrars to help returning officers . . . . . . . . . . . . . . . . Voting Voting not compulsory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 local government employee to contest election . . . . . . . Nominations of candidates for election Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may nominate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . Deposit 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. . . 15 15 16 16 16 16 17 17 17 18 18 19 19 19 20 20 20 21 21 21 21 22 22 23 23 23 24

312 313 314 315 316 316A Division 5 317 318 Division 6 319 320 321 322 323 Division 7 324 325 326 327 328 329 Division 8 330 331 332 333 Division 9 334 335 336 337 338 339 340 Local Government (Community Forums) Regulation 2008 Contents Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on death of candidate when poll to be conducted . . . Disposal of deposits generally . . . . . . . . . . . . . . . . . . . . . . . . . . . If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provision about refunding deposits . . . . . . . . . . . . . . . . . Ballots Poll by ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction that poll be conducted by postal ballot . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . 25 25 26 26 26 26 26 27 27 28 28 29 30 30 30 31 31 32 33 34 34 34 34 35 35 36 37 37 38 39 Page 3

Local Government (Community Forums) Regulation 2008 Contents 341 342 Division 10 343 344 345 346 346A 347 348 349 350 351 352 353 Division 11 354 355 Division 12 356 Division 13 357 358 359 360 361 Division 14 362 363 363A 364 365 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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—other elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for processing declaration envelopes . . . . . . . . . . . . . 40 41 42 42 43 43 44 44 46 46 48 48 48 49 50 50 51 53 53 54 54 54 54 55 57 57 57 Page 4

Local Government (Community Forums) Regulation 2008 Contents 366 367 368 369 370 Division 15 371 372 373 374 375 376 377 378 379 380 381 382 Division 16 Subdivision 1 383 385 386 387 388 389 390 391 Subdivision 2 392 392A 392B 393 394 Subdivision 3 395 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 information . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . Lodging of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences about voting Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 60 60 60 62 62 63 63 63 63 63 64 64 64 65 65 65 66 66 67 67 67 67 68 68 68 69 71 71 72 72 Page 5

Local Government (Community Forums) Regulation 2008 Contents 396 397 398 399 400 401 402 403 404 405 406 Subdivision 4 Part 7 Part 8 Part 9 Schedule 2 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) (omitted) (omitted) (omitted) Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 73 74 75 75 75 75 76 76 76 77 78 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 79 80 80 80 Page 6

Local Government (Community Forums) Regulation 2008 [s 1] Local Government (Community Forums) Regulation 2008 [reprinted as in force on 15 February 2008] 1 Short title This regulation may be cited as the Local Government (Community Forums) Regulation 2008 . 2 Definitions The dictionary in schedule 2 defines particular words used in this regulation, including words used in the modified form of chapter 5 of the Act shown in schedule 1. 3 Election of ordinary members of community forums (1) Chapter 5 of the Act, including any definitions under the Act of words used in chapter 5, applies to elections of the ordinary members of community forums in the modified form stated in schedule 1. (2) Italics are used in schedule 1 as a guide to where modifications have been made to the text of chapter 5 of the Act, but should not be taken to be conclusive as to the extent to which the chapter is modified. 4 Qualifications for ordinary members of community forums (1) A person is qualified to become an ordinary member of a community forum of Northern Peninsula Area Regional Council if, at the time the person is nominated for election— (a) the person would be entitled to become a councillor for the division for which the community forum is established; and (b) the person is an Aborigine or a Torres Strait Islander. Reprint 1 effective 15 February 2008 Page 7

Local Government (Community Forums) Regulation 2008 [s 5] (2) A person is qualified to be elected as an ordinary member of a community forum of Torres Strait Island Regional Council if, at the time the person is nominated for election, the person would be entitled to become a councillor for the division for which the community forum is established. (3) A person is qualified to be elected as an ordinary member of the Saibai community forum if, at the time the person is nominated for election, the person— (a) is a buway member; and (b) has lived continuously in the division for which the Saibai community forum is established for at least 3 months before the nomination day for the election; and (c) is entitled under this regulation to vote in an election of ordinary members of a community forum. 5 Further special provisions about Saibai community forum (1) Although the election of the 7 ordinary members of the Saibai community forum is an election for the whole of the division for which the Saibai community forum is established, there must, in effect, be 7 separate elections, so that 1 ordinary member is elected for each of the 7 clans. (2) To the extent schedule 1 does not specifically provide for the different arrangements applying for the Saibai community forum, it must be read with the changes necessary to give practical effect to subsection (1). 6 Termination of indigenous regional council employment on becoming ordinary member of community forum (1) This section applies to the following employees of an indigenous regional council— (a) the chief executive officer, or acting chief executive officer, of the indigenous regional council; (b) a finance officer, financial controller, accountant, or holder of another position, whose primary responsibility Page 8 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 [s 6] is the administration of the indigenous regional council’s finances; (c) the holder of a position with the indigenous regional council that reports directly to a position mentioned in paragraph (a) or (b); (d) the convenor of a community forum established for a division of the indigenous regional council’s local government area. (2) If any of the employees is elected or appointed as an ordinary member of a community forum, the person is taken to have resigned as an employee on the day the person becomes an ordinary member. Reprint 1 effective 15 February 2008 Page 9

Local Government (Community Forums) Regulation 2008 Schedule 1 Schedule 1 Community forum elections section 3 (The Local Government Act 1993, chapter 5 modified for application to elections for community forums) Part 1 General 266 Quadrennial elections ( omitted ) 267 Types of elections (1) An election for the ordinary members of a community forum is an election for the whole of the division . (2) ( omitted ) (3) A by-election to fill a casual vacancy in the office of an ordinary member of a community forum is an election for the whole of the division. (4) Although the division for which the Saibai community forum is established is not further divided for an election for the ordinary members of a community forum, 1 ordinary member is to be separately elected for each of the clans. 268 Elections to be held on a Saturday Every community forum election must be held on a Saturday. 269 Date of community forum elections (1) Subject to section 159ZZJ(6) of the Act— Page 10 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) an election for the ordinary members of a community forum must be held on the day decided by the returning officer for the election; and (b) the day decided must be not later than 8 weeks after the the quadrennial elections for the community forum’s indigenous regional council are held. (2) ( omitted ) (3) ( omitted ) 270 Date of by-elections (1) A by-election to fill a vacancy in the office of an ordinary member of a community forum is to be held on the date fixed by the returning officer for the election. (2) The date fixed must be within 10 weeks after the vacancy happens. 271 Indigenous regional council responsible for expenditure for conducting elections An indigenous regional council is responsible for expenditure incurred for the conduct of a community forum election in its local government area. Part 2 Returning officers 272 Chief executive officer is returning officer (1) The chief executive officer of an indigenous regional council is the returning officer for every election of an ordinary member of a community forum in its local government area . (2) This section is subject to section 273. Reprint 1 effective 15 February 2008 Page 11

Local Government (Community Forums) Regulation 2008 Schedule 1 273 Appointment of returning officer in place of the chief executive officer (1) If the chief executive officer considers on reasonable grounds that it is appropriate to appoint another individual as returning officer for an election, the chief executive officer may make the appointment in the approved form. (2) An individual who is not a current employee of the indigenous regional council can not be appointed as returning officer for an election unless the chief executive officer— (a) has to the extent practicable, by public notice in a newspaper circulating generally in the local government area of the indigenous regional council and in any other newspaper the chief executive officer considers appropriate, invited expressions of interest from individuals who are suitably qualified to conduct elections; and (b) if the chief executive officer considers it appropriate—has invited submissions for appointment as returning officer from any individual the chief executive officer considers may be suitably qualified to conduct elections; and (c) has taken into account— (i) the individual’s qualifications to be a returning officer; and (ii) information supplied by the individual and any referees; and (iii) the cost of the individual providing the services required. (3) Subsections (4) to (6) apply if a returning officer appointed by the chief executive officer is, for any reason, unable to perform the duties of the returning officer. (4) If possible, the returning officer must immediately inform the chief executive officer. (5) The chief executive officer may become the returning officer or appoint another individual to be the returning officer for the election. Page 12 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (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 indigenous regional council . (7) If the chief executive officer believes he or she can not properly perform the duties of returning officer for an election because of a possible conflict of interest, the chief executive officer 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) publish, in a newspaper circulating generally in the division and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut off day for the voters roll for the by-election; and (b) take the steps required by this regulation for holding the by-election. Part 3 Voters roll 275 Returning officer must compile voters roll (1) The returning officer for a community forum election 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 the Saibai community forum, the returning officer must— Reprint 1 effective 15 February 2008 Page 13

Local Government (Community Forums) Regulation 2008 Schedule 1 (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. 276 Qualification for enrolment on voters roll A person is entitled to vote at a community forum election if the person is an elector under the Electoral Act 1992 for an electoral district, or a part of an electoral district, included in the division. ( words omitted ) 277 Cut off day for voters roll A voters roll must be compiled to 1 of the following dates— (a) for an election for the ordinary members of a community forum —31 January in the year of the election; (b) for a by-election to fill a vacancy in the office of an ordinary member of a community forum —at least 5 days, and not more than 7 days, after the publication in a newspaper, 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 a community forum must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included (words omitted) in the division. (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 division are not identical with the boundaries of the electoral district. Page 14 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 279 Requirements of voters roll (1) A voters roll for a community forum election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (2) The returning officer must not include in a voters roll an elector’s address that, under the Electoral Act 1992 , is excluded from the publicly available part of an electoral roll. 280 Voters roll to be open to inspection and purchase (1) A voters roll for a community forum election is open to inspection. (2) Copies of the voters roll must be available for purchase at the indigenous regional council’s public office and at an office of the indigenous regional council located in the division . (3) The price of a copy of the voters roll must be no more than the cost to the indigenous regional 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 a community forum election. Reprint 1 effective 15 February 2008 Page 15

Local Government (Community Forums) Regulation 2008 Schedule 1 Part 4 Voting 282 Voting not compulsory (1) Voting at an election for a community forum is not compulsory. (2) Each elector who votes is entitled to 1 vote only. 283 System of voting The system of voting at an election for an ordinary member of a community forum is ( words omitted ) first-past-the-post voting. Part 5 ( omitted ) Part 6 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. Page 16 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 291 Assistant returning officers (1) The returning officer for an election may appoint 1 or more assistant returning officers for the election. (2) An appointment under subsection (1) must be in the approved form. 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. (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. Reprint 1 effective 15 February 2008 Page 17

Local Government (Community Forums) Regulation 2008 Schedule 1 (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 an assistant returning officer, 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 For an election, if the returning officer authorises an assistant returning officer to conduct a community forum election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division. 2 For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 366, the returning officer is taken to have carried out those functions. Editor’s note — section 366 (Official counting of votes) 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. Page 18 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 296 Assistant returning officer may act through certain authorised officers If— (a) an assistant returning officer may, under this part, do anything; and (b) the assistant returning officer authorises a presiding officer or issuing officer to do the thing; and (c) the presiding officer or issuing officer does the thing; the thing is taken to have been done by the assistant returning officer. 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) A person who is qualified under this regulation to become an ordinary member of a community forum may nominate for election or appointment to the community forum . (2) A person is not disqualified from nominating because the person is an employee of the community forum’s indigenous regional council . Note — However, see section 6 (Termination of indigenous regional council employment on becoming ordinary member of community forum) of this regulation. Reprint 1 effective 15 February 2008 Page 19

Local Government (Community Forums) Regulation 2008 Schedule 1 (3) ( omitted ) (4) ( omitted ) 299 Prohibition of dual candidature (1) A person can not, at the same time, be a candidate for election as the mayor or a councillor of an indigenous regional council and as an ordinary member of a community forum for a division of the indigenous regional council. (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 local government employee to contest election ( omitted ) Division 4 Nominations of candidates for election 301 Calling for nominations (1) The returning officer must publish notice of the election in a newspaper circulating generally in the division ( words omitted ) for which the election is to be held. (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 Page 20 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (d) invite nominations of candidates for the election. (3) The place of nomination must be— (a) the indigenous regional council’s public office; or (b) a place in the division convenient generally to persons in the division . 302 Who may nominate (1) A candidate for election as an ordinary member of a community forum must be a person who is qualified under section 298 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) for Saibai community forum—at least 2 electors for the clan for which the election is held; or (b) otherwise —at least 6 electors for the ( words omitted ) division ( words omitted ) for which the election is to be held. (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 Deposit to accompany nomination ( omitted ) 305 Special grounds for deciding a person is not properly nominated ( omitted ) Reprint 1 effective 15 February 2008 Page 21

Local Government (Community Forums) Regulation 2008 Schedule 1 306 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 and 303 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 ( words omitted ); 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) ( 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 division in which the election is being conducted . (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 Page 22 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 conspicuous position at the place of nomination and, if that place is not the indigenous regional council’s public office, at the public 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) ( omitted ) 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) ( omitted ) 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— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, publish a notice in the approved form in a newspaper circulating generally in the ( words omitted ) division ( words omitted ) 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; or Reprint 1 effective 15 February 2008 Page 23

Local Government (Community Forums) Regulation 2008 Schedule 1 (b) the number of candidates nominated is less than the number required to be elected; the Minister may, by gazette notice, appoint as ordinary members of the community forum , the number of persons necessary to constitute fully the community forum . (3) Each person appointed as an ordinary member must be qualified to be elected as an ordinary member of the community forum of the division for which the election was to be held. (4) The persons appointed are taken to have been properly elected as ordinary members of the community forum . (5) For the Saibai community forum— (a) subsections (1) and (2) apply as if a reference in those subsections to an election were a reference to an election in relation to a clan; and (b) if the Minister exercises a power under subsection (2)—the power must be exercised subject to section 5(1) 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. (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 Page 24 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (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 indigenous regional council’s public office, displayed at the public office; and (d) be published in a newspaper circulating generally in the division ( words omitted ) for which the poll will be conducted. (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. 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, the proceedings for the election must start again . (2) ( omitted ) (3) ( omitted ) (4) ( omitted ) (5) If proceedings are started again, the Minister must, by gazette notice, fix a new polling day for the election. Reprint 1 effective 15 February 2008 Page 25

Local Government (Community Forums) Regulation 2008 Schedule 1 314 Disposal of deposits generally ( 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 ( words omitted ). 316 Extension of times (1) This section applies if— (a) a nomination day is specified under section 301 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 publish a notice in a newspaper circulating generally in the ( words omitted ) division (words omitted ) 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. 316A Special provision about refunding deposits ( omitted ) Division 5 Ballots 317 Poll by ballot A poll must be conducted by ballot taken under this part. Page 26 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 318 Direction that poll be conducted by postal ballot (1) The returning officer may decide that a poll be conducted by postal ballot. (2) ( omitted ) (3) ( 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. (2) However, a civic or cultural centre, community hall or similar place under the indigenous regional council’s control, may be used as a polling booth if— (a) ( omitted ) (b) the indigenous regional 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 ( words omitted ) division ( words omitted ), 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) The returning officer may arrange for all polling booths or specified polling booths for the election to also be used for any other election conducted at the same time for the division . Reprint 1 effective 15 February 2008 Page 27

Local Government (Community Forums) Regulation 2008 Schedule 1 320 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— (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 the division does not have enough electors to justify the use of an ordinary polling booth in the division , the returning officer may arrange for the whole Page 28 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 or part of any place in the division 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 notice published in a newspaper circulating generally in the division — (a) declare the whole or part of the relevant institution or place as a mobile polling booth for the election; and (b) specify the times at which votes may be cast at the booth. (5) The notice must be in the approved form. (6) ( omitted ) (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 division in which the booth is situated, may vote in the election at the booth during the times specified for the booth in the notice published 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. Reprint 1 effective 15 February 2008 Page 29

Local Government (Community Forums) Regulation 2008 Schedule 1 323 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— (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 Page 30 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (iii) is numbered in regular arithmetical sequence, starting with the numeral 1 and proceeding by intervals of one whole numeral, so that each butt ( words omitted ) 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 ) (2A) Subsection (2)(c)(iii) applies to the butts for the ballot papers for a poll for the Saibai community forum 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 ( omitted ) 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— Reprint 1 effective 15 February 2008 Page 31

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) write the name of each candidate on a separate sheet of paper; and (b) ensure that each piece of paper is of the same kind, shape, size and colour; and (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and (e) after each piece of paper has been placed in an envelope, seal the envelope; and (f) put all the envelopes in a container and shuffle them; and (g) draw out the envelopes, 1 at a time; and (h) as each envelope is drawn out, open it and record the name of the candidate shown on the piece of paper in the envelope. (4) The order in which the names are recorded is the order in which the names are to appear on the ballot paper and notices under section 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— Page 32 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) show details of the number of ballot papers supplied; and (b) show the range of numbers of the ballot papers; and (c) include a form of acknowledgment of receipt of the ballot papers. (4) Two copies of the delivery note must be included in the parcel of ballot papers. (5) As soon as practicable after a presiding officer receives a parcel of ballot papers, the presiding officer must— (a) check the contents against the details shown in the delivery note; and (b) complete the particulars prescribed by the delivery note; and (c) sign the form of acknowledgment included in the delivery note. (6) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by— (a) if another presiding officer is available—the other presiding officer; or (b) if another presiding officer is not available—a responsible person. (7) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgment and the form must be signed by the presiding officer and the person who made the countercheck. (8) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 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 Reprint 1 effective 15 February 2008 Page 33

Local Government (Community Forums) Regulation 2008 Schedule 1 corrected by procedures directed by the Minister, by gazette notice. Division 8 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 Page 34 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (b) in a polling booth and any office of the presiding officer at the booth—when electors may vote in the booth; and (c) in a polling booth or other place—to watch the examination of 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. Reprint 1 effective 15 February 2008 Page 35

Local Government (Community Forums) Regulation 2008 Schedule 1 336 Procedure for voting at a polling booth (1) Subject to sections 338 and 340, an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section. (2) The elector must enter a polling booth for the division 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(1)(a), (b), (c) or (d); 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— Page 36 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (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 (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 Reprint 1 effective 15 February 2008 Page 37

Local Government (Community Forums) Regulation 2008 Schedule 1 (b) allow 1 scrutineer for each candidate to be present at the voting place; and (c) ensure that after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put in an envelope or, if the vote is a declaration vote, a declaration envelope; and (d) seal the envelope; and (e) if— (i) the vote is a declaration vote—put the sealed declaration envelope in the appropriate ballot box inside the polling booth; or (ii) 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— Page 38 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) take to the elector— (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 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 (1) The following electors are entitled to be electoral visitor voters— (a) electors who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; (b) electors who, because they are caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth. (2) An elector who is entitled to be an electoral visitor voter may apply to the returning officer to vote as an electoral visitor voter. (3) The application must be in the approved form. (4) If the application is received not later than 6p.m. on the Thursday before polling day, the returning officer must direct an issuing officer to visit the elector to enable the elector to vote. (5) As soon as practicable after the returning officer has directed an issuing officer to visit electors, the returning officer must inform each candidate for election of— Reprint 1 effective 15 February 2008 Page 39

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) the place from which the issuing officer proposes to start making visits; and (b) the time or times on the day or days when the issuing officer proposes to start making visits. (6) The issuing officer must visit an elector at a reasonable hour before 6p.m. on polling day. (7) When visiting an elector, the issuing officer must— (a) take to the elector— (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. (8) 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. 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; Page 40 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (d) marking, or helping to mark, the ballot paper in the way the elector wishes; (e) folding the ballot paper and putting it into a ballot box or a declaration envelope; (f) sealing a declaration envelope or putting it into a ballot box. (3) Subsections (1) and (2) apply to all types of voting. (4) This section applies despite any of the following provisions— • section 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) in a newspaper circulating generally in the relevant part of the local government area; and (b) in other ways the returning officer considers appropriate. Reprint 1 effective 15 February 2008 Page 41

Local Government (Community Forums) Regulation 2008 Schedule 1 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; (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; (g) an elector whose address has been omitted from a voters roll— (i) because of the Electoral Act 1992 , section 58; or (ii) under an arrangement under the Electoral Act 1992 , section 62 because of the Commonwealth Electoral Act 1918 (Cwlth), section 104. 344 Who must cast a declaration vote in ordinary elections (1) In an election (other than a postal ballot election), 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; Page 42 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (b) an elector who is not enrolled on the voters roll, but is entitled to be enrolled, because of the Electoral Act 1992 , section 64(1)(a)(ii); (c) an elector who appears, from a record apparently made in error, to have already voted in the election; (d) an elector who is serving a sentence of imprisonment on the cut off day for the election, but who is not serving a sentence of imprisonment on the polling day for the election; (e) 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. (2) For subsection (1)(d), a person is serving a sentence of imprisonment only if— (a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and (b) the detention is attributable to the sentence of imprisonment concerned. 345 Declaration voting for postal ballot elections An elector in a postal ballot election must cast a declaration vote. 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 division during voting hours at the booth and following the procedures set out in section 348; or Reprint 1 effective 15 February 2008 Page 43

Local Government (Community Forums) Regulation 2008 Schedule 1 (c) going to the indigenous regional council’s public 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 or an elector for a postal ballot election—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). (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 reply paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper—( insert name of community forum )’. (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 reply 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 (e) 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 Page 44 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 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. (5) If the returning officer or presiding officer is satisfied the applicant has properly completed the declaration form, the officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant. (6) The things given to an applicant under subsection (3) or (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper—( insert name of community forum )’. (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) 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. Note — An electoral roll mentioned in the Electoral Act 1992 , section 58(5) may be in a form other than a printed form. (8) If things mentioned in subsection (6) are posted to an address outside Australia, the envelope mentioned in subsection (6) need not be reply paid. Reprint 1 effective 15 February 2008 Page 45

Local Government (Community Forums) Regulation 2008 Schedule 1 348 How declaration vote may be cast at a polling booth (1) An elector who must cast a declaration vote, other than an elector for a postal ballot election, may cast the vote by— (a) entering a polling booth in the division during voting hours at the booth; and (b) completing the declaration form given to the elector by an issuing officer. (2) If the issuing officer is satisfied the elector has properly completed the declaration form, the officer must give a ballot paper and the approved declaration envelope to the elector. (3) On being given the ballot paper and the declaration envelope, the elector must, without delay— (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and (b) go alone into an unoccupied voting compartment in the polling booth; and (c) there, in private, mark a vote on the ballot paper in accordance 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 (1) For a postal ballot election, the returning officer must post a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to each elector for the postal ballot election as soon as practicable after the nomination day. (2) However, if— Page 46 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) the issuing officer is satisfied a person is an elector mentioned in section 344(1)(a), (b), (c) or (d); or (b) the issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election; the officer— (c) must not give a ballot paper and declaration envelope to the elector; and (d) must give to the elector an approved declaration form. (3) If the returning officer is satisfied the elector 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 elector. (4) The things posted to electors under subsection (1) or (3) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper—( insert name of community forum ).’. (5) The returning officer may post the things to an elector under subsection (1), by posting them to the elector’s address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992 , section 58(5). Note — An electoral roll mentioned in the Electoral Act 1992, section 58(5) may be in a form other than a printed form . (6) The returning officer may give the things to a person to whom subsection (2) applies by posting them to the elector’s address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992 , section 58(5), or to another address given by the person. (7) The returning officer may give the things to an elector under subsection (3), by posting them to the elector’s address stated in the voters roll, an electoral roll mentioned in the Electoral Act 1992 , section 58(5) or the declaration form. Example of addresses for subsections (6) and (7) — An address could be stated as a residential address, post office box number, mail service or in another appropriate way. Reprint 1 effective 15 February 2008 Page 47

Local Government (Community Forums) Regulation 2008 Schedule 1 (8) If things for an elector mentioned in subsection (4) are posted to an address outside Australia, the envelope mentioned in subsection (4) need not be reply paid. 350 Record of ballot papers given to postal voters The issuing officer who gives a ballot paper and declaration envelope under section 346A, 347 or 349 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, 347 or 349 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 (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 reply paid post envelope mentioned in section 346A(2), 347(6) or 349(4) 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 a convenient place in the division as a polling booth to enable electors entitled to cast a declaration vote under section 343(a) to (e) to cast a vote at the election before polling day. Page 48 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 ( words omitted ) (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— (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 in a newspaper circulating in the division ; 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) ( omitted ); or Reprint 1 effective 15 February 2008 Page 49

Local Government (Community Forums) Regulation 2008 Schedule 1 (b) under this part, the indigenous regional council conducts a poll under chapter 6, part 2 of the Act , on the day of the poll for an election. (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. Division 11 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) ( omitted ) (3) ( words omitted ) 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 Page 50 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 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 or 340, a ballot paper given to an elector is accidentally defaced or destroyed, an issuing officer must give to the elector a replacement ballot paper for use in the poll. (2) However, before a replacement ballot paper can be given— (a) the ballot paper it replaces (the replaced ballot paper ) must not have been already put in a ballot box in use in the poll; and (b) the elector must declare, in the approved declaration form, before the issuing officer that— (i) the replaced ballot paper has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (c) if the replaced ballot paper has been accidentally defaced—the elector must give the defaced ballot paper to the issuing officer; and (d) if the replaced ballot paper has been accidentally destroyed—the elector must give to the issuing officer, if practicable, the remains of the ballot paper; and (e) the issuing officer must put the defaced ballot paper, or any remains of the destroyed ballot paper, in an envelope, seal the envelope and set it aside in the officer’s custody for separate identification under section 363(1)(g)(ii). (3) If a ballot paper given to an elector under section 346A, 347 or 349 is lost in transit or is accidentally defaced or destroyed, the returning officer for the election must, before 6p.m. on Reprint 1 effective 15 February 2008 Page 51

Local Government (Community Forums) Regulation 2008 Schedule 1 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 (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. Page 52 Reprint 1 effective 15 February 2008

Division 13 Local Government (Community Forums) Regulation 2008 Schedule 1 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— (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 (e) or 344 or an applicant who is given an approved declaration form under section 347(4) or an elector who is given an approved declaration form under section 349(2), 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, or the relevant elector under section 349; and Reprint 1 effective 15 February 2008 Page 53

Local Government (Community Forums) Regulation 2008 Schedule 1 Editor’s note — sections 343 (Who may cast a declaration vote), 344 (Who must cast a declaration vote in ordinary elections), 347 (Distribution of ballot papers to other electors who may or must cast declaration vote) and 349 (Distribution of ballot papers to electors for postal ballot election) (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. 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 ( omitted ) 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. Page 54 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 363 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 ); and (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 if subsection (1)(c)(ii) applies, or the number of first preference votes for each candidate if subsection (1)(c)(iii) applies; 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 Reprint 1 effective 15 February 2008 Page 55

Local Government (Community Forums) Regulation 2008 Schedule 1 (g) put into separate parcels— (i) the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under paragraph (d); and (ii) all ballot papers or remains of ballot papers set aside, under section 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 community forum 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. Page 56 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 363A Preliminary processing of declaration votes by returning officer—postal ballot election (1) This section applies to an election for which a direction has been given under section 318(2)(a). (2) After 8a.m. on the day before polling day, the returning officer may open all ballot boxes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. 364 Preliminary processing of declaration votes by returning officer—other elections (1) This section applies to an election other than an election for which a direction has been given under section 318(2)(a). (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 Reprint 1 effective 15 February 2008 Page 57

Local Government (Community Forums) Regulation 2008 Schedule 1 completed, the envelope is sealed and the declarant on the envelope is entitled to cast a declaration vote, the returning officer must— (a) detach the elector’s declaration from the envelope; and (b) either— (i) place a mark in ink against the declarant’s name on the voters roll; or (ii) if the voters roll is kept in an electronic form—record in a way approved by the returning officer that the declarant has voted; and (c) place the envelope containing the ballot paper (the accepted envelope ) in a locked or sealed ballot box; and (d) keep the accepted envelope in the ballot box until dealt with under subsection (3) or section 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 elector’s declarations that have been removed from declaration envelopes. Page 58 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 366 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. (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— Reprint 1 effective 15 February 2008 Page 59

Local Government (Community Forums) Regulation 2008 Schedule 1 (a) ( words omitted ) the number counted under subsections (3)(b)(i) and (4)(d)(i); or (b) ( omitted ). (6) Fifth, the returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 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) ( omitted ) (3) For a community forum election — (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 Page 60 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (ii) the candidate who receives the next highest number of votes; and (iii) the candidate who receives the next highest number of votes; and so on, up to the number of persons to be elected. (4) If 2 or more candidates receive the same number of votes so that subsection (2) or (3)(a) or (b) 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). Reprint 1 effective 15 February 2008 Page 61

Local Government (Community Forums) Regulation 2008 Schedule 1 370 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. Page 62 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (2) The returning officer must— (a) display the notice in a conspicuous place in the indigenous regional council’s public office; and (b) publish the notice in a newspaper circulating generally in the division . (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 ( omitted ) 374 List of electors failing to vote ( omitted ) 375 Notice of failure to vote etc. ( omitted ) 376 Payments for failure to vote ( omitted ) Reprint 1 effective 15 February 2008 Page 63

Local Government (Community Forums) Regulation 2008 Schedule 1 377 Recording response to notice ( omitted ) 378 Evidentiary value of list under s 374 ( omitted ) 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 community forum for which the election was held; and (iii) the polling day; and sign the endorsement; and (d) if the returning officer is not the indigenous regional council’s chief executive officer—give each packet to the chief executive officer. (2) The chief executive officer must keep the packets in safe custody for 1 year. (3) At the end of the year, the chief executive officer must— (a) destroy all ballot papers contained in the packets; and (b) dispose of the other contents of the packets in the way the officer considers appropriate. (4) Each ordinary member of the community forum may attend during the destruction of ballot papers by, or at the direction of, the indigenous regional council’s chief executive officer to ensure the papers are destroyed. Page 64 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 380 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 indigenous regional council’s chief executive officer 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(1)(a); and Editor’s note — section 344 (Who must cast a declaration vote in ordinary elections) (b) the person’s ballot paper is not accepted for counting under section 365 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a declaration vote in the election. Editor’s note — section 365 (Procedure for processing declaration envelopes) (2) As soon as practicable after an election, the indigenous regional council must send a notice in the approved form to the person advising the person why the ballot paper was not accepted for counting. 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 . Reprint 1 effective 15 February 2008 Page 65

Local Government (Community Forums) Regulation 2008 Schedule 1 Division 16 Enforcement Subdivision 1 Offences in general 383 False or misleading information (1) A person must not give information under this schedule to a returning officer or to the chief executive officer of the community forum’s indigenous regional council , including information in a document, that the person knows is false or misleading in a material particular. Maximum penalty— 2 penalty units . (2) Subsection (1) does not apply to a person giving a document if, when giving the document to someone, the person— (a) informs the other person, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the other person the correct information. (3) It is enough for a charge against a person for an offence against subsection (1) to state the information, without specifying which part of the information, was ‘false or misleading’. 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 Page 66 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (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. Maximum penalty— 2 penalty units . (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 for subsection (3)— 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 . 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— Reprint 1 effective 15 February 2008 Page 67

Local Government (Community Forums) Regulation 2008 Schedule 1 (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 for subsection (2)— 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 (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; Page 68 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 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— (a) for an individual— 2 penalty units ; or (b) for a corporation— 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 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. Reprint 1 effective 15 February 2008 Page 69

Local Government (Community Forums) Regulation 2008 Schedule 1 (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 (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 . Page 70 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (7) In this section— group of candidates means a group of candidates formed to promote the election of the candidates for the community forum , 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 . 392B Lodging of how-to-vote cards ( omitted ) 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— (a) for an individual— 2 penalty units ; or (b) for a corporation— 2 penalty units . Reprint 1 effective 15 February 2008 Page 71

Local Government (Community Forums) Regulation 2008 Schedule 1 394 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. Maximum penalty— 2 penalty units . (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. Maximum penalty— 2 penalty units . (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 . (4) In this section— publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland. Subdivision 3 Offences about voting 395 Failure to vote ( omitted ) 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. Page 72 Reprint 1 effective 15 February 2008

Local Government (Community Forums) Regulation 2008 Schedule 1 (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. (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, or a shorter distance approved under subsection (3), 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 . Reprint 1 effective 15 February 2008 Page 73

Local Government (Community Forums) Regulation 2008 Schedule 1 (3) The returning officer may approve a shorter distance for subsection (1)(b) only on the conditions mentioned in subsection (4). (4) For subsection (3), the conditions are— (a) the shorter distance applies only in relation to canvassing for votes mentioned in subsection (2)(a); and (b) the polling booth mentioned in subsection (1)(b)(i) must be a place declared as a polling booth under section 352(1); and Editor’s note — section 352 (Declaration voting before polling day) (c) the shorter distance applies only in relation to the casting of declaration votes before polling day under section 352. 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 (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 . Page 74 Reprint 1 effective 15 February 2008