Northern Territory Repealed Regulations Northern Territory Repealed RegulationsThis legislation has been repealed.
[This Regulation commenced on 30 October 2002 and was repealed by the LOCAL GOVERNMENT ACT 2008, NO. 12 which commenced on the 01 July 2008.]
NORTHERN TERRITORY OF AUSTRALIA
ANGURUGU COMMUNITY GOVERNMENT SCHEME
TABLE OF PROVISIONS
Clause
PART I - THE COUNCIL
1. Name of scheme
2. Community government area
3. Community government council
4. Common seal
5. Members of council
6. Eligibility for membership
7. Meetings of council
8. Meetings to be closed
9. Procedure at meetings of council
PART II - FUNCTIONS AND POWERS OF COUNCIL
10. Functions
11. Powers
PART III - ELECTIONS
12. Eligibility to vote
13. Roll of electors
14. Date of election
15. Nominations
16. Notice of election
17. Content of notice of election
18. Election of members of council
19. Election of President
20. Ballot-papers
21. Polling place
22. Ballot-box
23. Officials
24. Scrutineers
25. Opening hours of polling place
26. Entitlement to vote
27. Opening of ballot-box
28. Presence in polling place
29. Voting procedure
30. Postal voting
31. Counting of votes
32. Declaration of result
33. Retaining ballot-papers
34. Vacancy in membership
35. Vacancy in office of President
36. Vacancy in office of Vice-President
37. Resignation of council
PART IV - BY-LAWS
38. By-laws
SCHEDULE 1
SCHEDULE 2
PART I - THE COUNCIL
This scheme shall be called the Angurugu Community Government Scheme.
The boundaries of the community government area to which this scheme applies are -
(a) the circumference of a circle with a radius of 2 kilometres and the centre of the circle being the point of intersection of south latitude 14 degrees 13 minutes 13 seconds and east longitude 136 degrees 27 minutes 31 seconds, such point calculated to be at the present time at the site of a tank stand marking the centre of the town site, but excluding therefrom that part of the Gulf of Carpentaria to the seaward side of low-water mark, and being the area outlined in black on the map marked "A" in Schedule 1 being all that parcel of land at the town site of Yenbakwa Groote Eylandt Northern Territory of Australia; and
(b) the boundaries commencing at the northernmost corner of Northern Territory Portion 1674 and bounded thence generally on the southeast south east again south again east north and generally southeast by northeastern eastern northern eastern northern western and north-eastern boundaries of Northern Territory Portion 1677 to the most eastern northeastern corner of the said Northern Territory Portion 1677; thence on the east by the northerly prolongation of an eastern boundary of the said Northern Territory Portion 1677 to its intersection with a line 50 metres distance from parallel to and south of the centreline of Angurugu Creek; thence again on the south west by the said line generally southeasterly for a distance of 13 kilometres; thence again on the east by a line due north to its intersection with a line being 50 metres distance from parallel to and north of the centreline of Angurugu Creek; thence on the northeast by the said line generally north- westerly to its intersection with a line 50 metres distance from parallel to and east of the centreline of a creek locally known as Little Angurugu Creek; thence again generally on the east and southeast by the said line generally northerly and northeasterly to its intersection with a line 50 metres distance from parallel to and east of the centreline of a creek locally known as Sunrise Creek; thence again generally on the east and southeast by the said line generally northerly and northeasterly for a distance of 8 kilometres; thence again on the east by a line due north to a point on a line 50 metres distance from parallel to and northeast of the centreline of the said creek locally known as Sunrise Creek; thence on the northeast northwest and west by the said line generally northwesterly southwesterly and southerly to its intersection with a line 50 metres distance from parallel to and northwest of the centreline of the aforesaid creek locally known as Little Angurugu Creek; thence on the northwest and west by the said line generally southwesterly and southerly to its intersection with a line 50 metres distance from parallel to and north of the centreline of Angurugu Creek aforesaid; thence on the north by the said line generally westerly to its intersection with the southern prolongation of an eastern boundary of Northern Territory Portion 1673; thence on the east by the said prolongation northerly to the most eastern southeastern corner of the said Northern Territory Portion 1673; thence generally on the northeast by southwestern western southwestern eastern southeastern northeastern and southwestern boundaries of the said Northern Territory Portion 1673 and southern and southwestern boundaries of Northern Territory Portion 1669 to a point on the eastern boundary of Northern Territory Portion 1672; thence on the west by part of the said eastern boundary of Northern Territory Portion 1672 southerly to its intersection with the northern bank of Angurugu Creek aforesaid; thence generally on the north by the northern bank of the said Angurugu Creek generally westerly to the southwestern corner of the said Northern Territory Portion 1672; thence on the east by part of the western boundary of the said Northern Territory Portion 1672 northerly to its intersection with a line 200 metres from parallel to and north of the centreline of Angurugu Creek; thence on the northwest and northeast by the said line generally south-westerly and northwesterly to its intersection with a line due north from the intersection of the centreline of the said Angurugu Creek and Low Water Mark of the Gulf of Carpentaria; thence on the west by the said line due south to the said intersection of the centreline of Angurugu Creek with Low Water Mark of the Gulf of Carpentaria; thence again on the west by a line due south to a point on a line 200 metres distance from parallel to and south of the centreline of Angurugu Creek; thence on the southwest and southeast by the said line generally southeasterly and northeasterly to its intersection with a western boundary of Northern Territory Portion 1674; thence northerly and generally northeasterly by part of western boundary and the northwestern boundaries of the said Northern Territory Portion 1674 to the point of commencement and being the area outlined in black on the map marked "B" in Schedule 1 being all that parcel of land at the town site of Angurugu Groote Eylandt Northern Territory of Australia.
The name of the community government council which shall administer the community government area described in clause 2 is the Angurugu Community Government Council.
The common seal of the council shall contain an impression of 2 sawfish and the words "Angurugu Community Government Council - Common Seal".
(1) The council shall consist of -
(a) the President;
(b) the Vice-President; and
(c) 10 other members,
who shall be elected or declared in the manner provided by this scheme.
(2) The President and the Vice-President shall be members of the council.
A person shall not be eligible to be a member of the council unless -
(a) he has attained the age of 18 years at the time of; and
(b) he has ordinarily resided in the community government area for a period of 6 months immediately preceding,
his nomination as a candidate for election to
the
council.
(1) The council shall meet to transact its business on the second and fourth Tuesdays of each month at 9.00 o'clock in the morning or on such days and at such times as are decided by the council at a previous meeting.
(2) The President may call a special meeting of the council by giving at least 2 days notice to the other members. The President shall, at the time of giving such notice to the other members, cause a written notice to be prominently displayed in a place which he considers likely to be frequented by residents. The written notice shall specify -
(a) the date, time and place of; and
(b) the reason for the calling of,
the special meeting.
(3) By giving the President notice requesting a special meeting of the council and stating the reasons for the request, 5 or more residents who are eligible to vote in elections for the council may require a special meeting of the council to be held. The President shall cause a written notice of the special meeting to be prominently displayed in a place which he considers likely to be frequented by the residents. The written notice shall specify -
(a) the date, time and place of; and
(b) the reason for the calling of,
the special meeting. The date of the special meeting shall be within 7 days after the day upon which notice requesting a special meeting is received by the President.
Meetings of the council shall be closed to persons who are not members or officers of the council unless they are invited to be present by the council.
(1) The President shall preside at meetings of the council at which he is present and, in his absence, the Vice-President shall preside.
(2) The conduct of meetings of the council shall be in accordance with the standing orders that the council from time to time determines.
(3) The council shall keep a record of its proceedings.
(4) The quorum for a meeting of the council shall be 6 members.
(5) Questions before a meeting of the council shall be decided by unanimous vote of the members attending the meeting.
PART II - FUNCTIONS AND POWERS OF COUNCIL
The council may perform the following functions:
(a) the operation of a bakery, general purpose shop, bookshop, printing enterprise, market garden, mechanical workshop and any contract for work currently in existence;
(b) the establishment, development, operation and maintenance of communication facilities for, in and between the 2 parts of the community government area and in so doing the council may -
(i) enter into a contract with the Australian Postal Commission to act, for reward, as the agent of the Commission in operating and maintaining the postal services of the community government area; and
(ii) enter into a contract with the Australian Telecommunications Commission to act, for reward, as the agent of the Commission in operating and maintaining the telephone services of the community government area;
(c) the establishment and maintenance of parks, gardens and recreational areas and carrying out landscaping and other associated works;
(d) the establishment and maintenance of a cinema, sports facilities, library, community halls, public toilet and ablution blocks and laundry facilities;
(e) the supply of electricity by -
(i) contracting with a government department or statutory authority responsible for providing electricity, to maintain, for reward, the diesel motors powering the electricity generators and electricity supply service; and
(ii) contracting with Groote Eylandt Mining Company Proprietary Limited and the Department of Transport and Works con-cerning the supply of electricity;
(f) the provision of a service for the collection and disposal of garbage and the maintenance of a particular place where garbage is to be dumped;
(g) the provision and maintenance of sanitation facilities and the removal of health hazards;
(h) the provision and maintenance of housing for residents and their families on such terms and conditions as it thinks fit;
(j) the development and maintenance of roads within the community government area and, for reward, the development and maintenance of roads outside the community government area;
(k) the provision and maintenance of sewerage, drainage and water supply facilities;
(m) the promotion and provision of community welfare and care facilities for all age groups within the community government area and appropriately trained staff to provide counselling or temporary assistance;
(n) the establishment and operation of commercial enterprises, including a fishing enterprise and fish marketing enterprise, for the benefit of the residents;
(p) the maintenance of a cemetery; and
(q) the operation of a bank agency.
(1) The council has power to do all things necessary or convenient for the performance of its functions including the orderly running and control of its areas.
(2) The council may contract with the Northern Territory of Australia or other legal person in order to perform its functions.
PART III - ELECTIONS
A person who -
(a) has attained the age of 18 years by; and
(b) has ordinarily resided in the community govern-ment area for at least 6 months immediately before,
the date of the notice that an election is to be held, is eligible to vote at the election.
(1) The clerk shall maintain a roll of the names and descriptions of persons in the community government area who are eligible to vote at elections.
(2) The clerk shall not add any names to the electoral roll in the period between 14 days after the date on which he gives notice of an election and the election.
(3) The clerk shall, on the date on which he gives notice of an election, as part of that notice, advise that only persons whose names are on the electoral roll will be able to vote at that election and that no more names will be added to the electoral roll after 14 days from the date of that notice.
(4) A resident may inspect the electoral roll at the offices of the council during the time that the offices are open.
(1) The council shall determine the date of an election, but -
(a) in the case of the first election - the date shall be no later than 26 August 1984; and
(b) in the case of all elections except the first election - the date shall be no later than 3 years after the date of the previous election.
(2) The council shall determine the date of an election not less than 8 weeks prior to the date which it determines as the date of the election.
(1) A clan grouping listed in Schedule 2 may nominate -
(a) 4 persons from the clan grouping as candidates for election to the council; and
(b) one person from a clan grouping as a candidate for election as President.
(2) Nominations of candidates for the council and for President shall close at 5 o'clock in the afternoon 14 days after the date of the notice of the election.
(1) The clerk shall give at least 8 weeks notice that an election is to be held on the date determined by the council as the date of the election.
(2) The notice that an election is to be held shall be prominently displayed at such places in the community government area as the clerk considers likely to reason-ably ensure that all residents who are eligible to vote have notice of the election.
(1) A notice that an election is to be held shall advise that a clan grouping listed in Schedule 2 may nominate 4 persons from the clan grouping as candidates for election as members of the council and one person from a clan grouping as a candidate for election as President within a period of 14 days after the date of the notice and nominations will close at 5 o'clock in the afternoon of the fourteenth day. The notice shall also advise of the way in which nominations shall be lodged.
(2) A nomination of a candidate is to be lodged in writing with the clerk.
(3) The clerk shall not accept a nomination unless he is satisfied that -
(a) it sufficiently describes the persons being nominated;
(b) the persons being nominated are eligible to be members of the council and have consented to the nomination; and
(c) it identifies the clan grouping making the nomination and is the nomination of that clan grouping,
and the nomination is received by him within a period of 14 days after the date of the notice that an election is to be held.
(4) A candidate may withdraw his consent to his nomination at any time up to the close of nominations.
(5) As soon as practicable after nominations have closed, the clerk shall display a list of candidates for election as members of the council and President in the same places as the notice that an election is to be held.
(1) If more than 10 candidates for the council have been nominated at the close of nominations, an election to decide the 10 members of the council shall be held on the day notified as the date of that election.
(2) If no more than 10 candidates for the council are nominated at the close of nominations the clerk shall, by a notice displayed in the same places as the notice that an election is to be held, declare those candidates to be members of the council.
(1) Notwithstanding any other provision of this scheme, if no person is nominated as a candidate for President within a period of 14 days after the date of the notice that an election is to be held, the clerk shall, by notice displayed in the same places as the notice that an election is to be held, extend the period during which nominations of candidates for President may be accepted by him for a further period of 14 days.
(2) If only one person has been nominated as a candidate for President at the expiration of the period during which such nominations may be received, the clerk shall, by notice displayed in the same places as the notice that an election is to be held -
(a) declare the person who has been nominated as a candidate for President - the President; and
(b) give notice calling for persons to be nominated as candidates for election as Vice-President.
(3) If more than one person has been nominated as a candidate for President at the expiration of the period during which such nominations may be received, an election to decide between those persons nominated shall be held on the day notified by the clerk as the date of the election.
(4) Where the clerk calls for persons to be nominated as candidates for Vice-President, this scheme shall, with any necessary changes, apply to the nominations, and the declaration or election, as the case may be, except that the clerk need not give 8 weeks notice of the election but shall endeavour to arrange for all elections to take place on the day notified as the date of the election.
(1) Where an election is to be held, the clerk shall cause ballot-papers to be printed in sufficient numbers for the purposes of the election.
(2) Where the election is to decide the members of the council the candidates on the ballot-paper shall be divided into clan groupings and each clan grouping shall be listed according to the list in Schedule 2 and the names within each clan grouping shall be listed alpha-betically.
(3) Where the election is an election to elect the President the names of the candidates shall be listed on the ballot-paper in alphabetical order.
(1) The clerk shall set aside a place as the polling place for an election.
(2) The clerk shall ensure that there is inside each polling place one or more booths separated from, but opening into, the polling place and having no other opening.
The clerk shall provide within the polling place a ballot-box which shall have a lock and key and a slit in the upper side by which ballot-papers may be put into the ballot-box.
(1) Subject to sub-clause (2), the clerk may appoint such persons as he thinks fit as officials to assist him in conducting an election.
(2) The clerk shall not appoint a candidate for, or a member of, the council to be an official.
(3) The clerk and officials shall supervise voting at the polling place.
(1) Each clan grouping may appoint one person as a scrutineer.
(2) A scrutineer shall be entitled to remain in the polling place with the clerk or officials to observe the conduct of the voting and counting of votes.
The clerk shall ensure that the polling place is opened and remains open between the hours of 8 o'clock in the morning and 6 o'clock in the evening on the day of an election.
A person whose name appears on the electoral roll shall vote and a person whose name does not appear on the electoral roll is not entitled to vote.
(1) Immediately before the polling place is opened for voting, the clerk, in the presence of a person who is eligible to vote shall open the ballot-box to ensure that it is empty and shall then lock it.
(2) The clerk shall ensure that the ballot-box remains locked during the hours that the polling booth is open for voting.
A person other than the clerk, a scrutineer or an official shall remain in the polling place only for so long as is necessary for him to vote.
(1) The person intending to vote (in this clause called "the voter") shall state his name to the clerk or official who will check that the name appears on the electoral roll.
(2) If the voter's name is on the electoral roll the clerk or official shall draw a line through that name on the roll and hand the voter ballot-papers for election of members of the council and the President.
(3) Immediately before the clerk or official hands the voter the ballot-papers, the clerk or official shall initial the back of those ballot-papers.
(4) After the clerk or official hands the ballot- papers to a voter, the voter shall go into an unoccupied booth and secretly vote by placing an "X" against the names of 10 or less candidates for whom he wishes to vote for the council and an "X" against the name of the candidate for whom he wishes to vote for President.
(5) If the voter spoils a ballot-paper or marks it in a way that he did not intend, he shall return it to the clerk or official who shall write "spoilt" across the front of it and give the voter a new ballot-paper.
(6) All spoilt ballot-papers shall be retained until after the election.
(7) When the voter has completed his ballot-papers he shall fold them to conceal the names of the candidates and place them in the ballot-box.
(8) Each voter shall vote only once for the President and once for the council.
(9) A voter shall enter a booth alone. However, if the clerk or official in charge of the polling place is satisfied that the voter is, for any reason, unable to vote without assistance, he shall permit a person appointed by that voter to accompany that voter and mark the ballot-papers and deposit them in the ballot-box for that voter.
(1) Where notice of an election has been given, a person whose name appears on the electoral roll but who will not be in the community government area at any time during which the polling place will be open may apply in writing to the clerk for postal ballot-papers.
(2) An application for postal ballot-papers shall give an address to which the postal ballot-papers may be posted.
(3) Where the clerk receives an application for postal ballot-papers not later than 28 days before the date of the election, he shall, if the name of the applicant for the postal ballot-papers is on the roll -
(a) not later than 14 days before the date of the election send such ballot-papers as have been prepared and initialled by him and a marked self-addressed envelope to the applicant; and
(b) draw a line through the name of the applicant on the electoral roll.
(4) Where a person who has applied for postal ballot-papers receives the ballot-papers he shall vote by placing "X" against the names of 10 or less candidates for whom he wishes to vote for the council and "X" against the name of the candidate for whom he wishes to vote for President.
(5) After an applicant for postal ballot-papers has voted he shall send the postal ballot-papers in the marked self-addressed envelope to the clerk.
(6) Where the clerk receives an envelope apparently containing postal ballot-papers before the closing of the poll he shall, during the hours of polling, place that envelope, unopened, in the ballot-box and the envelope shall be opened and the vote counted in accordance with clause 31.
(7) Where the clerk receives an envelope apparently containing postal ballot-papers after the polling place has closed he shall destroy the envelope unopened.
(1) After 6 o'clock in the evening of the day of the election and as soon as voting has finished the clerk and officials shall, in the presence of a scrutineer, open the ballot-box and check that every ballot-paper inside the box has on its back the initials of the clerk or an official. A ballot-paper which does not bear the initials of the clerk or an official shall be set aside as an informal vote.
(2) The clerk and officials shall then count the number of initialled ballot-papers in the ballot-box and compare that number with the number of names through which a line has been drawn in the electoral roll.
(3) The clerk and officials shall then, in the presence of a scrutineer, count the votes received by each candidate.
(4) The clerk shall set aside as an informal vote a ballot-paper which does not clearly indicate the candidates for whom the voter voted or which shows that the voter has voted for more than 10 candidates for the council or more than one candidate for President.
(5) A ballot-paper shall not be set aside as an informal vote for an irregularity in voting if, in the opinion of the clerk, the voter's intention is clearly shown.
(6) The clerk shall sign a certificate stating -
(a) the names of the officials who assisted him in counting the votes;
(b) the names of the scrutineers who attended the counting of votes;
(c) the total number of formal votes;
(d) the total number of votes received by each candidate for the council and for President;
(e) the total number of postal votes forwarded by him and returned to him; and
(f) the total number of informal votes.
(1) The clerk shall, immediately after the votes have been counted, declare the result of the election by a notice displayed in the same places as the notice calling the election.
(2) The notice shall contain -
(a) a list of the candidates for the council and President arranged in the same way as they appeared on each ballot-paper stating the number of votes each candidate received; and
(b) subject to this clause, a statement declaring the candidate from each clan grouping with the most votes elected as a member of the council, the candidate for President with the most votes elected President and the candidate for President with the second highest number of votes elected Vice-President.
(3) If the candidate elected as President or Vice-President is also the person with the most votes in a clan grouping the clerk shall declare the candidate from that clan grouping with the next highest number of votes elected to the council in the place of the candidate elected as President or Vice-President, as the case may be.
(4) If the highest number of votes in a clan grouping is held by 2 or more candidates for members of the council, the clerk shall arrange for those candidates to draw lots to determine which of them shall be elected to the council.
(5) If the highest number of votes is held equally by 2 or more candidates for President, the clerk shall arrange for those candidates to draw lots to determine who shall be President and Vice-President.
After the counting of the votes has been completed, the clerk shall keep the ballot-papers in a sealed package unopened for one month and at the end of that time shall destroy the unopened package containing the ballot-papers.
(1) Subject to clause 37, if the office of a member of the council becomes vacant, the candidate who received the next highest number of votes at the preceding election from the same clan grouping as the previous member shall be declared a member of the council but if no such candidate exists a by-election shall be held to fill the vacancy unless the vacancy occurs after the period of 2 years and 6 months after the last election of members of the council.
(2) The procedure for the calling and conduct of a by-election shall conform, as far as is practicable, with this scheme relating to the calling and conduct of general elections.
(1) A person who is elected or declared President shall cease to hold that office if -
(a) he resigns by notice in writing given to the clerk; or
(b) a motion of no confidence is passed by the council.
(2) Subject to clause 37, if a person ceases to be President -
(a) a by-election shall be held to fill that position; and
(b) the Vice-President shall act as President until the position is filled.
(1) A person who is elected Vice-President shall cease to hold that position if he resigns by notice in writing given to the clerk or he is elected to the position of President.
(2) Subject to clause 37, if a person ceases to be Vice-President a by-election shall be held to fill that position.
(3) When the Vice-President is acting as President -
(a) the council shall appoint one of its members to act as Vice-President; and
(b) the clan grouping, which the member who is acting Vice-President represents, shall appoint another person of that clan grouping to be an acting member of the council,
for the period during which the position is vacant.
(1) When all persons who have been elected or declared to be members of the council cease to be members or a quorum for 2 consecutive meetings of the council is not present at times for meetings of the council under this scheme, the clerk shall be deemed to constitute the council for the purposes of -
(a) determining the date of an election for the council; and
(b) exercising a power of the council under this scheme.
(2) When the clerk determines the date of an election for the council under sub-clause (1)(a) -
(a) the provisions of this scheme in relation to time periods for the calling of an election and notices for the election do not apply; and
(b) the date which he determines shall be as soon as is practicable.
(3) For the purposes of exercising a power of the council in pursuance of sub-clause (1)(b) the clerk shall appoint a resident as his assistant.
PART IV - BY-LAWS
The community government council may make by-laws, not inconsistent with any other law of the Territory, in relation to -
(a) the sale, purchase, possession, presence and consumption of liquor within the meaning of the Liquor Act;
(b) the sale, display, possession, hire, purchase, presence and use of firearms;
(c) the sale, display, possession, hire, purchase, presence and use of offensive weapons; and
(d) the carrying out of the council's functions in pursuance of this scheme.
______________________________
SCHEDULE 1
Clause 2
A
B
______________________________
SCHEDULE 2
Clause 15
CLAN GROUPINGS ENTITLED TO NOMINATE CANDIDATES
1. LALARA
NGALMI
2. AMAGULA
MAMARIKA
3. WURRAMARA
NUNDHIRRIBALA
4. WURRAMARRBA
5. WURRABADALAMBA
JARAGBA
6. MIRNIYOWAN
NUNGUMADBARR
7. MURRUNGUN
MANGGURRA
8. WURRAGWAGWA
YANTARRNGA
9. WURRAWILYA
MAMINYAMANJA
10. BARABARA
WANAMBI
DURILA
_____________________________
___________________