KUNBARLLANJNJA COMMUNITY GOVERNMENT SCHEME (Repealed)

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

candidate means a person who has been nominated and accepted, under clause 17, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations.

clan group means a clan grouping specified in Schedule 2 and identified by the group identification letter opposite the grouping.

clerk, for the purposes of Part 4 (except clauses 37 and 38) includes the Electoral Commission and a person appointed to conduct an election under clause 37.

election day means a day specified in or fixed under clause 14 for the holding of an election.

polling place means a place set aside under clause 21 for the purposes of an election.

The community government area to which this scheme applies comprises all that parcel of land near Oenpelli in the Northern Territory of Australia containing an area of 530 km² more or less shown outlined in the plan in Schedule 1, and being that part of Northern Territory Portion 1646 bounded by lines described as follows:

Commencing at the intersection of the right bank of the East Alligator River with the parallel of south latitude 12^° 15'; thence east to intersect the meridian of east longitude 133^° 9'; thence south to intersect the parallel of south latitude 12^° 27' 52"; thence west to intersect the right bank of the East Alligator River; thence generally northerly and northwesterly by the said bank to the point of commencement.

The name of the community government council which administers the community government area is the Kunbarllanjnja Community Government Council.

(1) The council shall consist of 14 members, being 2 members from and representing each clan group, who shall be declared, elected or appointed in the manner provided by this scheme.

(2) Subject to this scheme, the term of office of a member expires upon the declaration of the results of the next election (not being a by-election).

(3) The office of a member becomes vacant if the member ceases to be enrolled or ceases to be ordinarily resident in the community government area.

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

(2) Subject to subclause (3), the President and Vice-President each hold office during the pleasure of the council.

(3) The President and Vice-President may resign as such at any time by giving notice in writing to the clerk; and the office of either becomes vacant if he or she ceases to be a member of the council.

(4) The Vice-President shall act as President during any vacancy in that office and shall also perform the functions, exercise the powers, and discharge the duties of the President when the President is absent from the community government area or from a meeting of the council or is unable to perform the functions of office.

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

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

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

(4) By giving the President notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members or 6 or more electors may require the President to call a special meeting of the council, and the President shall call such a meeting for a date not later than 7 days after the day on which the request is received, and shall notify the members accordingly.

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

(7) A member proposing to be absent from a meeting of the council may authorise in writing an elector belonging to the same clan group to attend the meeting in the member's place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on his or her behalf.

(8) Where a member is absent in person from 3 consecutive meetings of the council:

the clerk shall declare that person to be no longer a member, and the office to be vacant.

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

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

(2) The council shall determine its own procedure at meetings, subject to any standing orders it may make from time to time.

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

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

(a) the establishment, development, operation and maintenance of communication, television and radio broadcasting facilities for the community government area;

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

(c) the establishment and maintenance of sports facilities, libraries, cinemas, community halls, public toilets and ablution blocks, laundry facilities, swimming pools and museums;

(d) the provision of services for the collection and disposal of garbage, the provision and maintenance of particular places where garbage may be dumped, and the control of litter generally and the provision and maintenance of sanitation, sewerage, drainage and water supply facilities and the removal of health hazards;

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

(h) the promotion and provision of community welfare, health and care facilities for all age groups;

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

(o) the hiring out for reward of any vehicle, plant, appliance or equipment belonging to the council, and the repair and maintenance, for reward, of any vehicle, plant, appliance or equipment not owned by the council and the selling of goods or equipment purchased by the council for or in connection with any enterprise and found to be in excess of the council's immediate needs;

(p) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(r) the establishment and maintenance of fire fighting services, including the acquisition of property and equipment and the training of personnel for the services, and the protection of the community government area from fire;

(t) the promotion and development of tourist attractions and facilities within the community government area and the production and selling of artefacts and souvenirs;

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

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

(2) Land is not ratable if it is land of a description which would be exempt from rating by a council of a municipality under section 58(2) of the Local Government Act.

(3) Without limiting the powers of charging conferred on it by section 122(3)(a) of the Act, charges are payable by reason of a person's residence in the community government area or his or her carrying on a business in the area or having an interest in ratable land in the area, whether that person uses any service provided or not.

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

(5) The council may, where a group gives its consent, take control of and manage activities of that group which are consistent with the functions of the council.

(1) A person is eligible to vote at a council election, and entitled to be enrolled as a voter under clause 13, if that person is enrolled or entitled to be enrolled as an elector within the meaning of the Electoral Act and has ordinarily resided in the community government area for not less than 5 years immediately before the closure of the electoral roll under clause 13(3).

(1) The clerk shall maintain, by such means as is thought fit (including by electronic means or use of a roll under the Electoral Act), an electoral roll of the full names and addresses of persons who are eligible to vote at elections.

(2) A person who is otherwise eligible but is not enrolled may apply for enrolment in such manner as the clerk approves.

(3) The clerk shall close the electoral roll at 12 noon on the day occurring 21 days before election day.

(4) Except as provided by clause 26(2), or to correct an oversight in the making up of the electoral roll, the clerk shall not add any names to the electoral roll in the period between its closure and the conclusion of the election.

(5) A resident may inspect the electoral roll at the office of the council when it is open.

(1) For the purposes of this clause, election does not include a by-election.

(2) The first election shall be held on a day to be determined by the Minister, within 2 months after the date of gazettal of the scheme, and subsequent elections shall be held on a day, to be fixed by the council, in the same month as the first election was held in each third year after the end of that year or, where an election is to be held under clause 38, in every third calendar year after the date of that election.

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

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

(a) specify the date and time under clause 13(3) of the closure of the electoral roll;

(b) summarise the provisions of clause 17(1) to (5) with respect to the nomination of candidates; and

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

(1) A person is eligible for nomination as a member of the council if he or she has attained the age of 21 and is enrolled under clause 13.

(2) A person who is enrolled under clause 13 may, by lodging a written nomination with the clerk, nominate an eligible person or persons belonging to the same clan group as the nominator for election to the council.

(3) Nominations of candidates for election shall close at 12 noon on the day occurring 14 days before election day.

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

(6) As soon as practicable after nominations have closed the clerk shall display a list of the names of the candidates and their clan group identification letter in the same places as the election notice.

(1) Where at the close of nominations under clause 17(3) the number of candidates nominated for a clan group does not exceed 2 the clerk shall, by a notice displayed in the same places as the election notice, declare the candidates in question to be members of the council.

(2) Subject to subclause (3), where at the close of nominations the number of candidates nominated for a clan group exceeds 2, an election shall be held to choose 2 of them as members of the council.

(3) If a candidate dies between the close of nominations and election day and the effect of the death is to reduce the number of candidates for a clan group to the number of members required, subclause (1) shall apply as if the candidate had died before the close of nominations.

The clerk shall cause ballot-papers to be printed in sufficient numbers for the purposes of an election and each ballot-paper shall:

(a) state clearly the identification letter of the clan group to which it relates;

(b) list the clan group's candidates in an order decided by the clerk by lot; and

(c) instruct the voter to vote by marking an "X" on the ballot-paper in the boxes opposite the names of 2 candidates of the voter's choice.

(1) Subject to subclause (2), the clerk may, by notice in writing, appoint polling officials to assist in conducting elections.

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

(2) The polling place shall have within it one or more voting areas in which a voter is able to cast his or her vote without being observed otherwise than by the clerk, a polling official or a person appointed under clause 28(9) to assist the voter.

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

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

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

The clerk shall ensure that the polling place is open and remains open for voting between the hours of 8 am and 1 pm on the day of an election.

(1) For the purposes of an election each candidate may, by notice in writing lodged with the clerk, appoint a person to be a scrutineer for the candidate.

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

(3) A scrutineer shall not disclose to any person anything relating to the vote of a voter.

(1) Subject to subclause (2), 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 at an election.

(2) Where the clerk is satisfied that a person is eligible under clause 12 to vote, but his or her name has not been entered on the roll, the clerk shall, upon the person signing a declaration that an application for enrolment was made before the closure of the roll under clause 13(3):

(a) alter the roll by entering the person's name in the appropriate section of the roll relating to the person's clan group;

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

(1) A voter at a polling place shall state his or her name to the clerk or polling official, who shall:

(b) if a line has not been drawn through that name, draw a line through the name or, where the clerk has provided for or prescribed another method of indicating that a ballot-paper has been issued, and that method has not been complied with, comply with that method; and

(2) The voter shall take the ballot-paper into an unoccupied polling booth and secretly vote by placing an "X" in the boxes opposite the names of not more than 2 candidates of the voter's choice.

(3) Where the voter spoils a ballot-paper or marks it in a way that was not intended, the voter may return it to the clerk or official who shall write "spoilt" across the front of it, initial the back of a new ballot-paper and give that ballot-paper to the voter.

(4) The clerk shall, in accordance with clause 34, retain each spoilt ballot-paper until after the election.

(5) When the voter has completed a ballot-paper he or she shall fold it to conceal its contents and place it in the ballot-box.

(8) Subject to subclause (9), no person other than a voter who has been issued with a ballot-paper shall vote on the ballot-paper.

(9) Where the clerk or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance, the voter may appoint a person to assist and the clerk or official shall permit that person to accompany the voter into a booth and mark the ballot-paper and deposit it in the ballot-box on his or her behalf.

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

(2) An application in writing for a postal ballot-paper shall give an address to which the ballot-paper may be posted or delivered by hand in a sealed envelope.

(3) Where, before election day, the clerk receives an application for a postal ballot-paper and the name of the applicant is on the electoral roll the clerk shall:

(a) hand or send to the applicant an appropriate ballot-paper, initialled by the clerk, together with a self-addressed envelope marked with the words "Ballot-paper"; and

(b) write the letters "PBP" against the name of the applicant on the electoral roll or, where the clerk has provided for or prescribed another method of indicating that a postal ballot-paper has been issued, comply with that method.

(4) An applicant who has received a postal ballot-paper shall vote in accordance with clause 28 (other than the requirement to enter a booth).

(5) After an applicant for a postal ballot-paper has voted, the ballot-paper is to be returned in the marked self-addressed envelope to the clerk.

(6) Where the clerk, on or before 1 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk shall, during the hours of polling, place the envelope, unopened, in the ballot-box and the envelope shall be opened and the vote counted in accordance with clause 30.

(7) Where the clerk, after 1 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk shall mark the envelope "rejected" and the envelope shall not be opened and votes on that ballot-paper shall not be counted.

(8) The clerk shall, in accordance with clause 34, retain each envelope marked "rejected" until after the election as if a ballot-paper referred to in that clause.

(1) After 1 pm on election day and as soon as voting has finished the clerk and polling officials shall, in the presence of a scrutineer or at least one other person who is eligible to vote but is not a candidate:

(a) open the ballot-box, count the number of ballot-papers (including postal ballot-papers) and prepare a written statement which sets out the number of ballot-papers in the box as compared with the number of names on the electoral roll in respect of which an indication has been given under clause 28(1)(b) or 29(3)(b) that a ballot-paper has been issued; and

(b) after the statement has been prepared, divide the ballot-papers into piles according to the clan group identification letter and count the votes received by each candidate for a clan group.

(2) During the counting of votes the clerk shall, subject to subclause (4), set aside as informal a ballot-paper where the voter has failed to comply with clause 28(2) or 29(4).

(3) The clerk shall not set aside a ballot-paper as informal solely on the grounds that the voter has marked the paper otherwise than in accordance with the instructions on the paper, or has voted for less than 2 candidates for a clan group, but shall set it aside if:

(ii) done so without indicating any order of preference between those for whom he or she has voted; or

(4) The clerk shall, immediately after counting the votes, sign a certificate stating:

(e) the number of postal ballot-papers issued by the clerk and the number of them included in the count; and

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

(a) list the candidates in the order in which they appeared on the ballot-paper;

(c) subject to subclause (3), declare the 2 candidates for the clan group with the most votes to have been elected as members of the council.

(3) To the extent that compliance with subclause (2)(c) is impossible by reason of an equality of votes between any 2 or more candidates, the clerk shall arrange for lots to be drawn to decide which of them shall be declared elected, and the clerk's notice under subclause (1) shall record that the person or persons declared by virtue of this subclause was or were selected by lot.

Not more than 10 days after an election day the clerk shall forward to the Minister:

(1) The clerk may, after completing the counting of votes at an election and before complying with clauses 30(4) and 31(1), recount the votes either of his or her own volition or on the written request of any of the candidates.

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

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

the clerk may adjourn polling at an election from day to day to a maximum of 21 days beginning with the day fixed by or under this scheme for the election.

(2) The clerk shall take such steps as he or she considers necessary or desirable to inform persons entitled to vote of adjournments under this clause.

(3) Where polling has been adjourned under subclause (1), clause 29(6) and (7) and clause 30(1) shall have effect as if the reference in those clauses to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 38, where the office of a member of the council is or becomes vacant for any reason, then:

(a) if the vacancy occurs 6 months or more before the latest date for the holding of the next election the council shall, by resolution, appoint a person of the appropriate clan group to fill the vacancy, being a person who is eligible under clause 17(1) to be nominated as a candidate for election; or

(b) if the vacancy occurs less than 6 months before that date, the council may make such an appointment but shall not be required to do so.

(2) The clerk shall notify the Minister in writing of an appointment under this clause.

Where a new council is to be elected under this scheme and the clerk is also a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.

(1) If all members of the council cease to be members, or a quorum is not present on 2 consecutive occasions at the place and within 1 hour after the time specified for a council meeting, the clerk shall be deemed to constitute the council for the purposes of:

(b) exercising a power of the council under this scheme until the election of a new council under this clause.

(2) Subject to this scheme, when the clerk determines under subclause 1(a) the date of an election of a new council the date determined shall be as soon as is practicable and, in any case, not later than 6 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 6 months referred to in that subclause expires during the month in which a general election of members would otherwise be held, the clerk shall determine the date of the election to be on a day of that month.

(4) The term of office of a council elected under this clause shall expire on the declaration of the result of the next election held on a day fixed under clause 14(2).

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

and Manenggererrbe
Bolmo, Mok,
Burdo, Berdberd,
Yurlmanj, Marrgu, B
Barabba, Burlumo,
Balngarra, Garndidjbal

and Djindibi
Wurrik, Marrirn,
Djok 1, Gururlk,
Born, Miwi,
Gamurlhban, Marlbadji, D
Murnwarri, Dulman-garr,

Manilagarr and Warddjak E
Madjawarr, Murrwan,
Mirarr, Mandjurlngunj 2,
Mandjurlngunj 1, Murumburr F

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

*Kunbarllanjnja Community Government Scheme*
Notified	9 June 1995
Commenced	9 June 1995
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date	7 January 2004
Commenced	17 March 2004 (s 2 and Gaz G11, 17 March 2004, p 8)
Electoral (Consequential Amendments) Act 2004 (Act No. 12, 2004)
Assent date	1 March 2004
Commenced	15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004) and Gaz S6, 15 March 2004)

Northern Territory Repealed Regulations

KUNBARLLANJNJA COMMUNITY GOVERNMENT SCHEME