MILIKAPITI COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Milikapiti Community Government Scheme as in force at 3 July 1996. Any amendments that may come into operation after that date are not included.

The name of this scheme is the Milikapiti Community Government Scheme. (See back note 1)

This scheme shall come into operation on the date on which notice of approval of the scheme is published in the Gazette. (See back note 1)

This scheme repeals and replaces the Milikapiti Community Government Scheme approved on 30 May 1983 by the Minister for Community Development under section 436(1)(b) of the Local Government Act as then in force (which approval was notified in Gazette No G24 on 17 June 1983).

(1) The Milikapiti Community Government Council established by the repealed scheme is hereby continued by that name for the administration of the community government area constituted by that scheme, being the area described in subclause (3).

(2) The members of the council in office immediately before the commencement of this scheme shall continue in office for terms expiring immediately before the first election day under this scheme; and the President and Vice-President of the council immediately before the commencement of this scheme shall thereafter continue in office as such as if elected under this scheme.

(3) The boundaries of the community government area to which this scheme applies are as follows:

Commencing at the intersection of the parallel of south latitude 110 26' 39" with the high water mark on the right bank of the Mirikau-yunga Creek; thence east by the said parallel to its intersection with the high water mark of an unnamed inlet of Snake Bay; thence generally northerly southerly easterly and northwesterly along the said high water mark to its intersection with the parallel of south latitude 110 24' 16"; thence west by the said parallel to its intersection with the high water mark on the right bank of Mirikau-yunga Creek; thence generally southeasterly by the said high water mark to the point of commencement, being all that parcel of land on Melville Island, Northern Territory of Australia, containing an area of 27 km2, more or less, and shown on the map in the Schedule.

"candidate" means a person who has been nominated and accepted, under clause 18, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations;

"clerk", for the purposes of Part 4 (except clauses 40 and 41) includes the Chief Electoral Officer and a person appointed to conduct an election under clause 40;

"election day" means a day specified in or fixed under clause 15(2) for the holding of an election;

"member" includes the President, the Vice-President and a person authorised under clause 8(7);

"ordinary member" means a person, other than the President or Vice-President, declared, elected or appointed to the council;

"polling place" means a place set aside under clause 23 for the purpose of an election;

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 (other than a by-election).

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

(a) the President shall be declared or elected in accordance with clause 19; and

(b) the Vice-President shall be declared or elected in accordance with clause 20.

(2) 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 that office when its holder is absent from the community government area or any meeting of the council or for any reason 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 that purpose.

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

(4) By giving the President notice in writing requesting a special meeting of the council and stating the reasons for the request –

may require the President to call a special meeting of the council which shall be called for a date not later than 7 days after the day on which the notice is received, and the President shall notify the members accordingly.

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

(6) A notice under subclause (5) shall specify the date, time and place of the special meeting and the reason for it being called.

(7) A member proposing to be absent from a meeting of the council may authorise, in writing, an elector 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 the member's behalf.

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, where the President is absent, by the Vice-President, or, where both persons are absent, 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 the 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, and for this purpose the council may, for reward, act as agent for any provider of those facilities;

(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, swimming pools, libraries, museums, cinemas, community halls, public toilets, ablution blocks and laundry facilities;

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

(e) the collection, as an agent and for reward, of electricity, water and sewerage charges;

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

(h) the management of community employment programs and the carrying out as agent (whether or not for reward) of activities relating to the provision of social security services or benefits;

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

(m) 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;

(n) the provision and maintenance of barge landings and airstrips and related facilities;

(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 purchase 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;

(q) the establishment and operation of pastoral and commercial enterprises and the provision of public transport;

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

(s) the promotion and development of tourist attractions, the provision and maintenance of tourist facilities and the production and selling of artifacts and souvenirs;

(u) 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 the council by section 122(3)(a) of the Act, charges are payable by reason of a person's resident 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 land or 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 council's functions.

(6) The council may contract with the Territory or another person in order to perform any of its functions.

(a) is enrolled or is eligible to be enrolled as an elector within the meaning of the Electoral Act; and

(b) has ordinarily resided in the community government area for not less than 6 months immediately before the closure of the roll under clause 14(4).

(1) The clerk shall maintain, by such means as is thought fit (including by electronic means or the use of an electoral 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 resident may inspect the electoral roll at the office of the council when it is open.

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

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

(5) Except as provided by clause 28(2) or to correct an oversight in the making up of the roll, the clerk shall not add any name to the roll in the period between its closure and the conclusion of the election.

(2) The first election shall be held no later than 31 January 1995, and subsequent elections shall be held on a day in January to be fixed by the council in every second calendar year after the end of that year or, where an election is held under clause 41, in every second calendar year after the date of that election.

(1) The clerk shall give not less than 4 weeks notice before election day that an election is to be held.

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

(b) the persons who may nominate other persons, and who may be nominated, as a candidate;

and shall also contain a statement that only persons whose names are on the electoral roll are entitled to vote at the election.

(1) A person is eligible for nomination as President, Vice-President or an ordinary member of the council if he or she –

(b) has ordinarily resided in the community government area for a period or periods totalling at least 5 years before nomination.

(2) A person who is enrolled under clause 14 may, by lodging a written nomination with the clerk, nominate another enrolled person for election for all or any of the offices of President, Vice-President or ordinary member if that person is eligible for nomination.

(b) the proposed candidate is eligible under subclause (1) to be nominated and has consented to the nomination; and

(c) it identifies whether the person is being nominated as a candidate for President, Vice-President or an ordinary member of the council.

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

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

(6) As soon as practicable after nominations have closed the clerk shall display in the same places as the election notice a list showing the names of the candidates for President, the names of the candidates for Vice-President and the names of the candidates for ordinary members.

(1) Where, at the close of nominations under clause 18(5), only one person has been nominated as a candidate for President of the council –

(a) the clerk shall, by notice displayed in the same places as the election notice, declare that person to be President; and

(b) by virtue of that declaration, any nomination of that person for election as Vice-President or for election as an ordinary member shall lapse for all purposes.

(2) Where, at the close of nominations, there are 2 or more candidates for President an election to decide between them shall be held on election day.

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

(1) Where, at the close of nominations under clause 18(5), only one person has been nominated as a candidate for Vice-President of the council (disregarding any nomination that has lapsed) –

(a) the clerk shall, by notice displayed in the same places as the election notice, declare that person to be Vice-President; and

(b) by virtue of that declaration, any nomination of that person for election as an ordinary member shall lapse for all purposes.

(2) Where, at the close of nominations, there are 2 or more candidates for Vice-President an election to decide between them shall be held on election day.

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

(1) Where, at the close of nominations under clause 18(5), no more than 9 persons have been nominated for election as ordinary members of the council (disregarding any nomination that has lapsed) then –

(a) if they have all been nominated only for election as ordinary members, the clerk shall declare those persons to be members of the council; and

(b) if one or more of them has also nominated for election as President or for election as Vice-President, the clerk shall, after the holding of the elections for those offices under clause 19 and clause 20, declare all persons nominated, other than the person or persons who have been elected President or Vice-President, to be ordinary members of the council.

(2) Where, at the close of nominations under clause 18(5), the number of candidates for election as ordinary members (disregarding any nomination that has lapsed) exceeds 9 an election to decide 9 ordinary members shall, subject to subclause (3), be held on election day.

(3) Subclause (2) shall not require the holding of an election to decide ordinary members if –

(a) the candidates include persons who have also been nominated for election as President or Vice-President; and

(b) the number of them remaining as candidates for ordinary membership will not exceed 9 after holding the election for the office of President under clause 19 or Vice-President under clause 20,

but instead, after holding those elections, the clerk shall declare those remaining as candidates for ordinary membership to be ordinary members on and from election day.

(4) A declaration by the clerk under this clause shall be made by notice which shall be displayed in the same places as the election notice.

(5) 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 to the number of members required (disregarding any nomination that has lapsed, subclause (1)(a) shall apply as if the candidate had died before the close of nominations.

(6) Where the President, the Vice-President and the ordinary members of the council are all declared under subclause (1) and (3) respectively, the clerk shall –

(a) in addition to displaying the notice required under subclause (4), display in the same places as that notice a notice informing electors that no elections will be held on the day specified in the election notice; and

(b) shall, within 10 days, send a copy of all notices issued under this clause to the Minister.

(1) Where an election is to be held under clause 19(2), clause 20(2) or clause 21(3), the clerk shall cause ballot-papers to be printed in sufficient numbers for the purposes of the election and, where more than one election is to be held, have different coloured ballot papers in respect of each election.

(2) The clerk shall determine by lot the order of names of candidates on the ballot-paper.

(2) The polling place shall have separate polling booths constructed so as to screen a voter from observation (other than by a polling official or a person authorised under clause 31(8)) while marking a ballot-paper.

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

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

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

(1) Each candidate may, by notice in writing, appoint a person to be scrutineer for the candidate for the purposes of the election.

(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 is also entitled to observe the counting of votes wherever carried out.

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

The clerk shall ensure that each polling place is open and remains open for voting between the hours of 8 am and 6 pm on the day of an election.

(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 roll shall not be entitled to vote at an election.

(2) Where the clerk is satisfied that a person whose name has not been entered on the roll is eligible under clause 13 to vote the clerk shall, upon the person signing a declaration that an application for enrolment was made before the closure of the roll under clause 14(4) –

The clerk or polling official 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, securely fasten its cover, and ensure that it remains securely fastened during the hours of polling.

A voter, and any person assisting the voter under clause 31(8), other than the clerk, a polling official or scrutineer, shall remain in the polling place only for the time necessary to vote.

(1) A voter 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 it, initial the back of the appropriate ballot-paper or ballot-papers and hand them to the voter.

(2) The voter shall take the ballot-paper or ballot-papers into an unoccupied polling booth and secretly vote by placing –

(a) on the ballot-paper for the election of the President, an "X" in the box opposite the name of the candidate of the voter's choice;

(b) on the ballot-paper for the election of the Vice-President, an "X" in the box opposite the name of the candidate of the voter's choice; and

(c) on the ballot-paper for the election of ordinary members, an "X" in the boxes opposite the names of 9 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 polling 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 retain spoilt ballot-papers to be dealt with under clause 37.

(5) Subject to subclause (8), when the voter has completed a ballot-paper the voter shall fold it to conceal the names of the candidates and place it in the ballot-box.

(7) Subject to subclause (6), a voter shall enter a booth alone, and shall not mark a ballot-paper issued to another person.

(8) 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 him or her, and the clerk or official shall permit that person to accompany the voter into a booth and mark a ballot-paper in accordance with the voter's instructions and deposit it in the ballot-box.

(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 a ballot-paper, initialled by the clerk, together with a self-addressed envelope marked with the words "Ballot-paper"; and

(b) write letters "PBP" against the name of the applicant on the electoral roll.

(4) An applicant who has received a postal ballot-paper shall vote in accordance with clause 31 (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 6 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk 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 33.

(7) Where the clerk, after 6 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk shall mark the envelope "rejected" and the votes on that ballot-paper shall not be counted.

(1) After 6 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-boxes, count the number of ballot-papers (including postal ballot-papers) and, after having regard to whether 1, 2 or 3 ballot-papers were issued to voters, prepare a written statement which sets out the number of ballot-papers in the boxes as compared with the number of names on the electoral roll which have lines drawn through them or against which the letters "PBP" have been written; and

(b) after the statement has been prepared, count the votes received by each candidate in accordance with this clause.

(2) During the counting of votes the clerk shall, subject to subclause (3), set aside as an informal vote a ballot-paper where the voter has failed to comply with clause 31(2) or 32(4).

(3) A ballot-paper shall not be set aside under subclause (2) by reason only that the voter has marked it otherwise than in the manner required by clause 31(2) or 32(4) if or to the extent that, in the opinion of the clerk, the voter's intention is clearly shown.

(4) The votes to decide the President shall be counted first, and those to decide the Vice-President shall be counted after the President has been decided and those to decide the ordinary members of the council shall be counted after the President and the Vice-President have been decided.

(5) Where the person elected President was also a candidate for election as Vice-President or for election as an ordinary member that candidacy shall be disregarded for the purposes of the count for Vice-President or the count for ordinary members.

(6) Where the person elected Vice-President was also a candidate for election as an ordinary member that candidacy shall be disregarded for the purposes of the count for ordinary members.

(7) The clerk shall, immediately after counting the votes, sign a certificate stating –

(d) the total number of votes received by each candidate for election as President, Vice-President or ordinary member;

(e) the number of postal votes 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 an election notice is or was displayed.

(a) a list of the candidates in the order in which they appeared on the ballot-papers for the election of President, Vice-President and ordinary members stating the number of votes received by each; and

(b) subject to subclause (3), a statement declaring the candidate for President with the most votes elected as President, the candidate for Vice-President with the most votes elected as Vice-President and the 9 candidates with the most votes elected as ordinary members of the council.

(3) If 2 or more candidates for President each receive the highest number of votes the clerk shall arrange for lots to be drawn to decide which of them shall be declared elected, and the notice under subclause (1) shall state that the successful candidate was selected by lot.

(4) If 2 or more candidates for Vice-President each receive the highest number of votes the clerk shall arrange for lots to be drawn to decide which of them shall be declared elected, and the notice under subclause (1) shall state that the successful candidate was selected by lot.

(5) If by reason of an equality of votes between 2 or more candidates for ordinary membership of the council the notice under subclause (1) cannot comply with subclause (2)(b) by declaring 9 candidates with the most votes elected, the notice shall instead declare as elected –

(a) any candidate or candidates who receive more votes than the candidates having the equality of votes; and

(b) such number of the latter, selected by the clerk by lot, as is required to enable 9 ordinary members of the council to be declared in all,

and the notice shall state that the members declared by virtue of paragraph (b) were selected by the clerk by lot from the candidates having the equality of votes.

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

(1) The clerk may, if the clerk thinks it desirable or on the written request of a candidate, re-count the votes at any time before a candidate is declared to be elected.

(2) A request under subclause (1) shall contain a statement of the reasons for the request.

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 shall then destroy that unopened package.

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

(c) any other event which, in the opinion of the clerk, may temporarily prevent or discourage significant numbers of voters from voting on a day set aside for an election,

the clerk may adjourn polling at an election from day to day to a maximum of 21 days.

(2) The clerk shall take such steps as the clerk considers necessary and practical to inform persons entitled to vote of an adjournment under subclause (1).

(3) Where polling has been adjourned under subclause (1), clause 32(6) and (7) and clause 33(1) shall have effect as if the reference to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 41, where the office of an ordinary member is or becomes vacant for any reason, a by-election shall be held to fill the vacancy unless the vacancy occurs more than 20 months after the preceding general election of council members.

(2) Subject to clause 41, where the office of President or Vice-President becomes vacant for any reason, a person who –

(a) was the highest polling unsuccessful candidate in the most recent election for President (including a by-election); or

(b) was the highest polling unsuccessful candidate in the most recent election for Vice-President (including a by-election); and

is, subject to subclause (3), President or, as the case may be, Vice-President of the council.

a by-election shall be held to fill the vacancy unless the vacancy occurs more than 20 months after the preceding general election for that position.

(4) The procedure for the calling and conduct of a by-election shall conform, as far as is practicable, with the provisions of this scheme relating to the calling and conduct of an election.

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 the members of the council cease to be members, or a quorum is not present on 3 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 –

(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 3 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 3 months referred to in that subclause expires during the month of January 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 subclause (2) shall expire on the declaration of the result of the next election (not being a by-election) held pursuant to clause 15(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.

1. The Milikapiti Community Government Scheme, under the Local Government Act, as originally made or replaced and amended, as specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	30 May 1983	17 June 1983	17 June 1983
Replacement	30 Nov 1994	1 Dec 1994	1 Dec 1994
Amendment	18 June 1996	3 July 1996	3 July 1996

Northern Territory Repealed Regulations

MILIKAPITI COMMUNITY GOVERNMENT SCHEME