NAUIYU NAMBIYU COMMUNITY GOVERNMENT SCHEME (Repealed)

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

This scheme shall be called the Nauiyu Nambiyu Community Government Scheme. (See back note 1)

"candidate" means a person who has been nominated and accepted, under clause 19, as a candidate for election to the council and who has not withdrawn his consent to the nomination before the close of nominations;

"clerk", for the purposes of Part III except clauses 38 and 39,, also includes the Electoral Commission and a person appointed to conduct an election under clause 38;

"election day" means a day specified in or fixed under clause 16 for the holding of an election;

"election notice" means a notice under clause 17(1) that an election is to be held;

(a) all that parcel of land in the Daly River locality in the Northern Territory of Australia shown on the plan in the Schedule, containing an area of 4260 hectares more or less and bounded by lines commencing at the most northern northeastern corner of Northern Territory Portion 2110; thence southerly, westerly, southwesterly, northerly and westerly by eastern, southern, southeastern, western and southern boundaries of that Portion to the most northerly northwestern corner of Northern Territory Portion 2394; thence westerly by a southern boundary of Northern Territory Portion 2110 across an unnamed road to a southwestern corner of that Portion; thence southwesterly across an unnamed Road to the northern corner of Northern Territory Portion 587; thence southeasterly, southwesterly, again southeasterly, westerly and generally northwesterly by northeastern, southeastern, northeastern, southern and southwestern boundaries of that Portion to the southernmost corner of Northern Territory Portion 2110; thence northwesterly by a southwestern boundary of that Portion across an unnamed Road to an eastern corner of an unnamed Road; thence southwesterly and northwesterly by the southeastern and southwestern boundaries of that unnamed Road to its intersection with a southwestern boundary of Northern Territory Portion 2110; thence generally northwesterly, northerly, easterly, northeasterly, northwesterly and northerly by southwestern, western, northern, northwestern, southwestern and western boundaries of that Portion across two unnamed Roads to the southwestern corner of Northern Territory Portion 1014; thence easterly by the southern boundary of that Portion and the southern boundary of Northern Territory Portion 2816 to the southeastern corner of that Portion; thence easterly across an unnamed Road by the easterly prolongation of that southern boundary to its intersection with a northwestern boundary of Northern Territory Portion 2110; thence northeasterly, northwesterly and again northeasterly by northwestern, southwestern and northwestern boundaries of that Portion to a northwestern corner of Northern Territory Portion 2110; thence northeasterly across an unnamed Road to a western corner of that Portion; thence generally northeasterly and easterly by northwestern and northern boundaries of that Portion to the point of commencement; and

(b) all that parcel of land situated in the Daly River area, Hundred of Hawkshaw in the Northern Territory of Australia shown on the plan in the Schedule, containing an area of 2.03 hectares more or less, being Section 31 and being more particularly delineated on Survey Plan S72/259 lodged with the Surveyor-General, Darwin.

The name of the community government council which shall administer the community government area is the Nauiyu Nambiyu Community Government Council.

The common seal of the council shall contain an impression of a brolga and the words "Nauiyu Nambiyu Community Government Council" and "Common Seal".

The council shall consist of 7 members, who shall be declared, elected or appointed in the manner provided by this scheme for a term of office expiring immediately before the next election day.

(b) lives in the community government area, and has lived there continuously for a period of not less than 3 years immediately before his nomination.

(2) The office of a member becomes vacant if he ceases to be so enrolled, or if he ceases to live ordinarily in the community government area.

(1) The Council shall have a Chairman and a Vice-Chairman, who shall be elected 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 Chairman and Vice-Chairman shall each hold office during the pleasure of the members of the council.

(3) The Chairman and Vice-Chairman may resign at any time by giving notice in writing to the clerk, and the office of either shall become vacant if its holder ceases to be a member of the council.

(4) The Vice-Chairman shall act as Chairman 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 Chairman when the latter is absent from the community government area or any meeting of the council.

(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 authorized by the Minister for the purpose.

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

(4) By giving the Chairman notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members, or 6 or more persons each of whom has attained the age of 18 years and has lived continuously in the community government area for not less than 3 months, may require the Chairman to call a special meeting of the council.

(5) Where, under subclause (3) or (4), 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.

(7) Where a special meeting is requested under subclause (4), it shall be held within 7 days after the day upon which notice requesting it is received by the Chairman.

(8) A member proposing to be absent from a meeting of the council may authorize in writing any person who has attained the age of 18 years and has lived continuously in the community government area for not less than 3 years 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.

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

the council may declare him to be no longer a member, and his office as such to be vacant, and shall instruct the clerk to give notice to that effect accordingly.

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 Chairman, or by the Vice-Chairman in his absence, or by a member chosen by the other members in the absence of both the Chairman and the Vice-Chairman.

(2) The conduct of meetings of the council shall be in accordance with the standing orders determined, from time to time, by the council.

(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 facilities for the community government area and in so doing 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, a swimming pool, community halls and public toilet and ablution blocks.

(d) the provision of a service for the collection and disposal of garbage, the maintenance of a particular place where garbage is to be dumped, and the control of litter generally;

(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;

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

(m) the promotion and provision of community welfare, health 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;

(q) 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;

(r) the maintenance of the Daly River airstrip and other facilities related thereto;

(s) the hiring out, for reward, of any plant, appliance or equipment belonging to the council and the repair and maintenance, for reward, of any plant, appliance or equipment not owned by the council;

(t) the contracting of works projects, within or without the community government area;

(y) the establishment and maintenance of a fire-fighting 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;

(z) the promotion and development of tourist attractions, and provision and maintenance of tourist facilities, within the community government area;

(zc) 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 Nauiyu Nambiyu 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.

A person is eligible to vote at a council election, and entitled to be enrolled as a voter under clause 15, if he –

(b) has ordinarily resided in the community government area for not less than 6 months immediately before the date on which the election notice is given.

(1) The clerk shall maintain a roll of the full names and addresses of persons who are eligible to vote at elections.

(2) The clerk shall close the roll at 12 noon on the Wednesday 21 days before election day.

(3) Except as provided by clause 27(2) or to correct an oversight in the making up of the roll, the clerk shall not add any names to the electoral roll in the period between its closure and the conclusion of the election.

(4) A resident may inspect the electoral roll at the offices of the council during the time that the offices are open.

(2) The first election shall be held on Wednesday 26 April 1989, and subsequent elections shall be held on a Wednesday in April to be fixed by the council in every second calendar year after the end of that year.

(1) The clerk shall give not less than 28 days notice before an 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.

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

(1) A person who is enrolled as a voter under clause 15 may, by lodging a written nomination with the clerk, nominate another person as a candidate for election as a member of the council.

(b) that the proposed candidate is eligible under clause 7(1) to be nominated as a member and has consented to the nomination.

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

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

(5) As soon as practicable after nominations have closed, the clerk shall display a list of the names of the candidates in the same places as the election notice.

(1) Where at the close of nominations under clause 19(4) the number of candidates does not exceed 7, the clerk shall –

(a) by a notice displayed in the same places as the election notice, declare all of the candidates to be members of the council; and

(2) Where at the close of nominations there are more than 7 candidates, an election to decide 7 members shall be held on election day.

(1) Where an election is to be held under clause 20(2), the clerk shall cause ballot-papers to be printed in sufficient numbers for the purposes of the election.

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

(2) A polling place shall have separate polling booths constructed so as to screen a voter from observation while he marks his ballot-paper.

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 the ballot-box.

(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 an election.

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

(1) Each candidate may, by notice in writing, appoint such persons as he thinks fit to be his scrutineers for the purposes of the election.

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

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 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 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(2) –

(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 shall 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.

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 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 the voter's name and hand him a ballot-paper.

(3) Immediately before the clerk or official hands a voter a ballot-paper, the clerk or official shall initial the back of the ballot-paper.

(4) After the clerk or official hands the ballot-paper to a voter, the voter shall go into an unoccupied booth and vote by placing an "X" on the ballot-paper in the boxes opposite the names of 7 candidates of his choice.

(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 shall 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 35, retain each spoilt ballot-paper until after the election.

(7) When the voter has completed his ballot-paper he shall fold it to conceal the names of the candidates and place it in the ballot-box.

(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.

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

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

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

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

(4) Where a person who has applied for a postal ballot-paper receives the ballot-paper, he shall vote by placing on it an "X" in the boxes opposite the names of 7 candidates of his choice.

(5) After an applicant for a postal ballot-paper has voted he shall return the ballot-paper in the marked self-addressed envelope to the clerk.

(6) Where the clerk receives an envelope apparently containing a postal ballot-paper before the close 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 32.

(7) Where the clerk receives an envelope apparently containing a postal ballot-paper after the close of the poll, he shall mark the envelope "rejected", and the vote on that ballot-paper shall not be counted.

(1) After one o'clock in the afternoon of the day of the election 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 was eligible to vote, open the ballot-box, count the 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 count the votes received by each candidate in the presence of a scrutineer or at least one other person who was eligible to vote.

(3) During the counting of votes, the clerk shall, subject to subclause (4), set aside as an informal vote a ballot-paper where the voter has failed to comply with clause 30(4) or 31(4).

(4) A ballot-paper shall not be set aside under subclause (3) by reason only that the voter has marked it otherwise than in the manner required by clause 30(4) or 31(4) if, in the opinion of the clerk, he has shown clearly the candidate or candidates for whom he intended to vote; and a paper shall not be set aside because the voter has voted for less than 7 candidates, but shall be if he has voted for more than 7.

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

(e) the number of postal votes forwarded by him and returned to him before the close of the polls; and

and, not more than 7 days after the election, shall forward the certificate and a copy of the notice required by clause 33(1) to the Minister.

(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;

(3) To the extent that compliance with subclause (2)(c) is impossible by reason of an equality of votes between 2 or more candidates, 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 state that the successful candidate or candidates was or were selected by lot.

(1) The clerk, at any time before a candidate is declared to be elected, may, on the written request of a candidate or of his own motion, re-count the ballot-papers.

(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, at the end of that time, shall destroy the unopened package containing the ballot-papers.

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

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

(2) The clerk shall take such steps as he may consider necessary and practicable to inform persons entitled to vote of an adjournment under subclause (1).

(3) Where polling has been adjourned under subclause (1), the provisions of clause 32 shall apply as from the time when voting is finally concluded, and clause 6 shall have effect in relation to former members of the council as if the reference to the next election day were a reference to the day on which voting is finally concluded.

(1) Subject to subclauses (2) and (3) and clause 39, where the office of a member is or becomes vacant for any reason whatever, a by-election shall be held to fill the vacancy.

(2) It shall not be necessary for a by-election to be held if the vacancy arises less than 6 months before the latest day for the holding of the next election.

(3) The counsel may by resolution appoint a person to fill a vacancy in the membership of the council, whenever arising, and in that event subclause (1) shall not apply.

(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.

(5) The clerk shall notify the Minister in writing of the making of any appointment under subclause (3).

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 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 –

(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council, the date which he determines 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) 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 of which the previously elected council would have been in office had that previously elected council remained in office for its full term.

1. The Nauiyu Nambiyu Community Government Scheme, under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	25 May 1988	1 June 1988	1 June 1988
Act No. 1, 2004	–	–	17 Mar 2004 (b)
Act No. 12, 2004	–	–	15 Mar 2004 (a)

(a) See section 2, section 2 of the Electoral Act 2004 and Gazette S6, dated 15 March 2004.

Northern Territory Repealed Regulations

NAUIYU NAMBIYU COMMUNITY GOVERNMENT SCHEME