Northern Territory Repealed Regulations Northern Territory Repealed RegulationsThis legislation has been repealed.
[This Regulation commenced on 20 February 1987 and was repealed by the TIWI ISLANDS LOCAL GOVERNMENT CONSTITUTION which commenced on the 12 July 2001.]
NORTHERN TERRITORY OF AUSTRALIA
NGUIU COMMUNITY GOVERNMENT SCHEME
As in force at 20 February 1987
TABLE OF PROVISIONS
Clause
PART I – COUNCIL
1. Name of scheme
2. Definitions
3. Community government area
4. Community Government Council
5. Common Seal
6. Members, including President and Vice-President
7. Eligibility for membership
8. Meetings of council
9. Meetings to be open
10. Procedure at meetings of council
PART II – FUNCTIONS AND POWERS OF COUNCIL
11. Functions
12. Powers
PART III – ELECTIONS
13. Dates and nature of elections
14. Eligibility to vote
15. Roll of electors
16. Election notices
17. Ballot-papers
18. Polling place
19. Ballot-box
20. Polling officials
21. Hours of polling
22. Entitlement to vote
23. Exhibition of ballot-box
24. Presence in polling place
25. Voting procedure
26. Counting of votes
27. Declaration of results
28. Transmission of details to Minister
29. Re-count
30. Retaining ballot-papers
31. Vacancies in membership
32. Resignation of council
SCHEDULE
Notes
NORTHERN TERRITORY OF AUSTRALIA
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This reprint shows the Community Government Scheme as in force at 20 February 1987. Any amendments that may come into operation after that date are not included.
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NGUIU COMMUNITY GOVERNMENT SCHEME
Community Government Scheme under the Local Government Act
PART I – COUNCIL
This scheme shall be called the Nguiu Community Government Scheme. (See back note 1)
In this scheme, unless the contrary intention appears –
"Chief Electoral Officer" has the same meaning as in the Electoral Act;
"clerk", for the purposes of Part III except clause 32, also includes the Chief Electoral Officer;
"council" means the Nguiu Community Government Council;
"election notice" means a notice under clause 16(1);
"polling official" means an official appointed under clause 20;
"skin group" means a skin group named in clause 6(1);
"voter" means a person intending and entitled to vote at an election.
The community government area to which this scheme applies comprises all those parcels of land in the Northern Territory of Australia shown on the plan in the Schedule, containing an area of 2071 square kilometres more or less, being all those parts of Bathurst Island (Northern Territory Portion 1640), Clift Island (Northern Territory Portion 3042) and Buchanan Island above a line along the low water mark surrounding the said islands and being more particularly delineated on Compiled Plan 4168 lodged with the Surveyor-General, Darwin.
The name of the community government council which shall administer the community government area is the Nguiu Community Government Council.
The common seal of the council shall contain an impression of a pelican (alipurra) and the words "Nguiu Community Government Council", "Bathurst Island" (or "Bathurst Is.") and "Common Seal".
(1) The council shall consist of 16 members, comprising 4 from each of the following skin groups –
Lorrula
Miyartuwi
Nantarringuwi
Takaringuwi.
(2) One of the 16 members shall be President of the council, and one Vice-President.
(3) Subject to the provisions of clause 31 with respect to the filling of casual vacancies –
(a) the members shall be elected at an election held in accordance with clause 13(2)(a);
(b) the President shall be elected from among the members at an election held in accordance with clause 13(2)(b); and
(c) the Vice-President shall be the member declared such under clause 27(4) by reasons of his having obtained (or being treated as having obtained) the second highest number of votes in the election of the President.
(4) The Vice-President shall act as President during any vacancy in that office and, subject to any contrary intention in this scheme, shall also perform the functions, exercise the powers, and discharge the duties of the President when the latter is absent from the community government area or any meeting of the council.
(5) The President and the Vice-President may each resign office at any time (without ceasing to be a member of the council) by giving notice in writing to the clerk, and each shall vacate office if he ceases to be a member of the council.
(1) A person is not eligible for election as a member of the council unless he –
(a) is enrolled as a voter under clause 15; and
(b) lives in the community government area, and has lived there continuously, for a period of not less than 5 years immediately before the election; or
(c) is a non-resident traditional owner of the area.
(2) The office of a member becomes vacant if he ceases to be enrolled as a voter under clause 15, or if (not being a traditional owner thereof) he ceases to live ordinarily in the community government area.
(1) The council shall meet to transact its business not less than once in each 2 months on such days and at such times as decided by the council at a previous meeting.
(2) The President may call a special meting of the council by giving at least 2 days notice to the other members.
(3) By giving the President notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members, or 10 or more persons each of whom has attained the age of 18 years and either has lived continuously in the community government area for not less than 3 months or is a non-resident traditional owner of the area, may require the President to call a special meeting of the council.
(4) Where, under subclause (2) or (3), a special meeting is to be held, the clerk shall notify the members and shall cause a written notice of the special meeting to be prominently displayed in a place which he considers likely to be frequented by residents.
(5) A notice under subclause (4) shall specify –
(a) the date, time and place of; and
(b) the reason for the calling of,
the special meeting.
(6) Where a special meeting is requested under subclause (3), it shall be held within 7 days after the day upon which notice requesting it is received by the President.
(7) A member proposing to be absent from a meeting of the council may authorize in writing any person belonging to the same skin group who has attained the age of 18 years and has lived continuously in the community government area for not less than 12 months to attend the meeting in his place and, subject to and in accordance with any restrictions or instructions specified in the authorization, to exercise his powers at the meeting (including the power to vote) on his behalf.
(8) Where a member is absent in person from 3 consecutive meetings of the council –
(a) without the prior consent of the council; or
(b) for reasons which the council does not accept as satisfactory,
the clerk shall declare him to be no longer a member, and his office as such to be vacant.
Meetings of the council shall be open to persons who are not members or officers 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 by the Vice-President in his absence, or by a member chosen by the other members in the absence of both the President and the Vice-President.
(2) The conduct of meetings of the council shall be in accordance with the standing orders determined, from time to time, by the council.
(3) The council shall keep a record of its proceedings.
(4) The quorum for a meeting of the council shall be 7.
(5) Questions before a meeting of the council shall be decided by a majority of the votes of the members there present and, in the event of an equality of votes, the matter shall be taken to have been defeated.
PART II – FUNCTIONS AND POWERS OF COUNCIL
The council may perform the following functions:
(a) the establishment, development, operation and maintenance of communication facilities for the community government area and, in performing such functions, the council may enter into a contract with the Australian Telecommunications Commission to act, for reward, as the agent of the Commission;
(b) the establishment and maintenance of parks, gardens and recreational areas and carrying out landscaping and other associated works;
(c) the establishment and maintenance of sports facilities, libraries, a cinema, community halls, public toilet and ablution blocks and laundry facilities;
(d) the provision of a service for the collection and disposal of garbage and the provision and maintenance of particular places where garbage may be dumped;
(e) the provision and maintenance of sanitation facilities and the removal of health hazards;
(f) the provision and maintenance of sewerage, drainage and water supply facilities;
(g) the supply of electricity, by contracting with a government department or statutory authority responsible for providing electricity, and acting, for reward, as an agent in respect of the collection of electricity charges;
(h) the provision of adult education and vocational and other training;
(j) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;
(k) the provision of relief work for unemployed persons;
(m) the promotion and provision of community welfare and care facilities for all age groups within the community government area and the provision of appropriately trained staff to provide counselling or temporary assistance.
(n) the maintenance of a cemetery;
(p) the control or prohibition of animals in the community government area;
(q) 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;
(r) the provision and maintenance of a barge landing and airstrip and facilities related thereto;
(s) the establishment and operation of a post office agency and a bank agency;
(t) the hiring out for reward, of any plant, appliance or equipment belonging to the council, and the maintenance for reward of any plant, appliance or equipment not owned by the council;
(u) the contracting, for reward, of works projects outside the community government area;
(w) the establishment and operation of pastoral enterprises;
(y) the establishment and operation of commercial enterprises;
(z) the selling of petroleum products;
(za) 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;
(zb) the promotion and development of tourist attractions and facilities within the community government area;
(zc) the production of and selling of artifacts and souvenirs;
(zd) the management and control of sites of historic interest; and
(ze) the support and encouragement of artistic, cultural and sporting activities.
(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 the community government area.
(2) Without prejudice to the powers of charging conferred on it by section 272(2) of the Act, the council may for the purpose of raising revenue for the performance of its functions declare charges to be payable by reason of a person's residence in the community government area or his carrying on of a business in the area.
(3) The council may exempt persons, or any class of persons, from all or part of the charges for which they would otherwise have been liable by virtue of subclause (2).
(4) The council may, by agreement with that body, take over and manage any activity of the Nguiu Council Incorporated consistent with the functions of the council.
(5) The council may contract with the Territory or other person in order to perform any of its functions.
PART III – ELECTIONS
(1) A council shall be elected in every second calendar year beginning with the year 1987, and, as provided in subclause (2), 2 elections shall be held for the purpose.
(2) The elections to be held as mentioned in subclause (1) are –
(a) on a Tuesday in November, an election to choose 16 members; and
(b) on the following day, an election to choose one of the members as President.
A person is eligible to vote at council elections, and entitled to be enrolled as a voter under clause 15, if he –
(a) is enrolled as an elector within the meaning of the Electoral Act, and has ordinarily resided in the community government area for not less than 12 months immediately before the closure of the roll under clause 15(3); or
(b) is a non-resident traditional owner of the area.
(1) The clerk shall maintain a roll of the full names and addresses of persons who are eligible to vote at elections.
(2) The roll shall be in 4 sections, one for each of the skin groups.
(3) The clerk shall close the roll at 12 noon on the Tuesday 21 days before the day fixed under clause 13(2)(a) for the election of members.
(4) Except as provided by clause 22(2), the clerk shall not add any names to the roll in the period between its closure and the conclusion of the elections.
(5) A resident may inspect the roll at the offices of the council during the time that the offices are open.
(1) The clerk shall, not less than 28 days before the day fixed under clause 13(2)(a) for the election of members, publish an election notice in accordance with the following provisions of this clause.
(2) An election notice shall specify –
(a) the dates of the elections and the times and places of polling; and
(b) the date of closure of the electoral roll,
and shall advise that only persons whose names are on the roll will be entitled to vote at the elections.
(3) An election notice shall be published by displaying it prominently 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 elections.
(1) The clerk shall cause ballot-papers to be printed in sufficient numbers for the purposes of council elections.
(2) For the purposes of an election of members, the clerk shall cause the ballot-papers to be printed in 4 different colours, one for each of the skin groups, and each ballot-paper shall –
(a) state clearly the name of the skin group to which it relates; and
(b) instruct the voter to vote by writing in the spaces provided the names of 4 people belonging to that group who are eligible for election to the council under clause 7 and by whom he wishes to be represented.
(3) Ballot-papers for the election of a President shall instruct voters to state in a space provided which one of the newly elected council members they wish to elect to that office, and shall draw attention to the fact that the names of those members are displayed in the voting booth, and that they do not have to vote for a person belonging to their own skin group.
(1) The clerk shall set aside a place as the polling place for elections.
(2) The clerk shall ensure that there is inside the 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 or ballot-boxes which shall be securely fastened and have a slit in the upper side by which ballot-papers may be put into it or them.
(1) Subject to subclause (2), the clerk may, by notice in writing, appoint such persons as he thinks fit as polling officials to assist him in conducting elections.
(2) The clerk shall not appoint as a polling official a member of the council, or the spouse of a member of the council.
(3) The clerk and polling officials shall conduct voting at the polling place.
The clerk shall ensure that the polling place is open and remains open for voting between the hours of 8 o'clock in the morning and one o'clock in the afternoon on election days.
(1) Subject to subclause (2), a person whose name appears on the electoral roll shall vote and a person whose name does not appear shall not be entitled to vote at an election.
(2) Where the clerk is satisfied that a person is eligible under clause 14 to vote, but his name has not been entered on the roll, the clerk shall, upon the person signing a declaration that he made a claim for enrolment before the closure of the roll under clause 15(3) –
(a) alter the roll by entering the person's name in the appropriate section of the roll;
(b) initial the alteration; and
(c) then permit that person to vote.
(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, in the case of an election of a President, is not a member of the council), exhibit each ballot-box empty and shall then securely fasten its cover.
(2) The clerk shall ensure that each ballot-box remains securely fastened during the hours that the polling place is open for voting.
A voter, other than the clerk or a polling official, shall remain in the polling place only for so long as is necessary for him to vote.
(1) A voter shall state his name to the clerk or polling official, who shall check that the name appears on the electoral roll.
(2) Where a voter's name is on the electoral roll and a line has not been drawn through it, the clerk or official shall draw a line through his name and hand him (as appropriate) a ballot-paper for the election of members belonging to his skin group, or a ballot-paper for the election of a President.
(3) Immediately before the clerk or official hands a voter a ballot-paper, the clerk or official shall initial the back of that ballot-paper.
(4) After the clerk or official hands a ballot-paper to a voter, the voter shall go into an unoccupied booth and vote in accordance with the instructions included on the paper in pursuance of clause 17(2) or 17(3).
(5) Where the voter spoils a ballot-paper or marks it in a way that he did not intend, he may return it to the clerk or official who may write "spoilt" across the front of it and give the voter (after initialling it on the back) a new ballot-paper.
(6) The clerk shall, in accordance with clause 30, retain each spoilt ballot-paper until after the election.
(7) When the voter has completed his ballot-paper he shall fold it to conceal its contents and place it in the appropriate ballot-box.
(8) Each voter shall vote only once at each election.
(9) Subject to subclause (11), a voter shall enter a booth alone.
(10) Subject to subclause (11), no person, other than a voter who has been issued with a ballot-paper, shall vote on the ballot-paper.
(11) 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, 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 for him.
(1) After one o'clock in the afternoon of the day of an election and as soon as voting has finished, the clerk and polling officials shall, in the presence of one person at least who was eligible to vote, open the ballot-box or boxes, count the total number of ballot-papers, compare that number with the number of names through which a line has been drawn on the electoral roll, and prepare a statement which reconciles the number of ballot-papers issued and counted.
(2) After a statement under subclause (1) has been prepared, the clerk and officials shall, in the presence of one person at least who was eligible to vote, count the votes received by each of the persons for whom votes were cast.
(3) During the counting of votes, the clerk shall set aside as an informal vote –
(a) in the case of an election of members, any ballot-paper where the voter has voted for more than 4 persons belonging to his skin group who are eligible for election under clause 7; and
(b) in the case of an election of a President, any ballot-paper where the voter has voted for more than one person who, as a member of the council, is eligible for election to that office.
(4) A ballot-paper shall not be set aside as informal for any reason other than a reason specified in subclause (3), but shall be disregarded in the count to the extent (if any) that the voter has voted for persons who are not eligible for election, or (in the case of an election of members) are not of his skin group, or has failed to make his intentions clear.
(5) The clerk shall, immediately after counting the votes, sign a certificate stating –
(a) the names of the polling officials who assisted him in the count;
(b) the total number of formal votes and informal votes; and
(c) the total number of votes received by each person for whom votes were counted.
(1) The clerk shall, immediately after the votes have been counted at an election, prepare a notice declaring the results of the election.
(2) A notice under subclause (1) relating to an election of members shall, as respects each skin group –
(a) name the persons for whom votes were counted;
(b) state the number of votes counted for each person; and
(c) subject to subclause (5), declare the 4 persons with the highest number of votes elected as members.
(3) A notice under subclause (1) relating to an election of a President shall –
(a) name the persons for whom votes were counted;
(b) state the number of votes counted for each person; and
(c) subject to subclause (5), declare the person with the highest number of votes elected as President.
(4) A notice under subclause (1) relating to an election of a President shall also declare the person who obtained the second highest number of votes, or is treated by virtue of subclause (6) as having obtained the second highest number of votes, to be Vice-President.
(5) To the extent that, in an election of members or President, compliance with subclause (2)(c) or (3)(c) is impossible by reason of an equality of votes between any 2 or more persons, the clerk shall arrange for lots to be drawn to decide which of them shall be declared elected, and his notice under subclause (1) shall record that the person or persons declared by virtue of this subclause was or were selected by lot.
(6) Where, in an election of President, 2 persons obtained the highest number of votes equally, and one of them is declared President by virtue of the drawing of lots under subclause (5), the other shall be treated for the purposes of subclause (4) as having obtained the second highest number of votes, and shall be declared Vice-President accordingly; and in any other circumstances in which, by reason of an equality of votes, it is impossible to say which of 2 or more persons obtained the second highest number of votes, the clerk shall arrange for lots to be drawn to decide which of them is to be treated for the purposes of subclause (4) as having done so, and his notice under subclause (1) shall record that the person declared Vice-President was selected by lot.
(7) The clerk shall ensure that a copy of his notice under subclause (1) relating to an election of members is displayed in each voting booth during the hours for voting in the subsequent election of a President.
(8) The clerk shall cause copies of his notices under subclause (1) relating to the election of members and the election of a President to be displayed as soon as practicable after the elections in the same places as the election notice.
Not more than 7 days after the conclusion of council elections, the clerk shall forward to the Minister –
(a) the certificates signed by him under clause 26(5); and
(b) a copy of the notices prepared by him under clause 27(1).
The clerk may, after completing the counting of votes at an election and before complying with clauses 26(5) and 27(1), recount the votes either of his own motion or at the reasoned request of any person for whom votes were counted.
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 unopened package containing the ballot-papers.
(1) Subject to subclause (2) and clause 32, where the office of a member of the council, or of President or Vice-President, is or becomes vacant for any reason whatever –
(a) in the case of a member, the council shall by resolution appoint a person belonging to the same skin group to fill the vacancy; and
(b) in the case of the President or Vice-President, a by-election shall be held to fill the vacancy with a member of the council.
(2) Subject to subclause (3), it shall not be necessary for a vacancy to be filled in accordance with subclause (1)(a) or (b) where the vacancy arises less than 6 months before the latest day for the holding of the next election under clause 13(2)(a), or as the case may be 13(2)(b), but a vacancy so arising in the office of President or Vice-President may be filled instead by a member of the council appointed by resolution of the council.
(3) Before a by-election is held for the office of President or Vice-President, the council shall, so far as practicable, make any appointment or appointments under subclause (1)(a) that may be necessary to ensure that it has 16 members.
(4) The procedure for the calling and conduct of a by-election shall conform, as far as is practicable and with the necessary modifications, with the provisions of this scheme applicable to the calling and conduct of an election of a President.
(5) The clerk shall notify the Minister in writing of the making of any appointment under this clause.
(1) If all the 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 dates for the election of a new council; and
(b) exercising a power of the council under this scheme.
(2) Subject to this scheme, when the clerk makes a determination under subclause (1)(a), the dates which he determines shall be as soon as is practicable.
(3) 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 his assistant.
(4) A council elected under subclause (2), shall hold office for the remainder of the term for which the previously elected council would have been in office had that previously elected council remained in office for its full term.
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SCHEDULE
Clause 3
BATHURST ISLAND LOCALITY
See hard copy for plan
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Notes
1. The Nguiu 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
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Date notified in the
Gazette
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Date of commencement
|
|
Original
|
16 Feb 1987
|
20 Feb 1987
|
20 Feb 1987
|
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