This legislation has been repealed.
[This Regulation commenced on 17 March 2004 and was repealed by the LOCAL GOVERNMENT ACT 2008, NO. 12 which commenced on the 01 July 2008.]
NORTHERN TERRITORY OF AUSTRALIA
NUMBULWAR NUMBURINDI COMMUNITY GOVERNMENT SCHEME
As in force at 17 March 2004
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
11. Executive Committee
PART II – FUNCTIONS AND POWERS OF COUNCIL
12. Functions
13. Powers
14. Consultation with Numbulwar Homelands Council Association Inc.
PART III – ELECTIONS
Division 1 – General
15. Dates of elections and term of office of members
16. Eligibility of electors
17. Election notices
Division 2 – Election of President
18. Roll of electors
19. Nominations
20. Declaration or election of President
21. Voting tokens and ballot-papers
22. Polling place and voting containers
23. Polling officials
24. Scrutineers
25. Hours of polling
26. Entitlement to vote
27. Exhibition of voting containers
28. Presence in polling place
29. Voting procedure
30. Postal voting
31. Counting of votes
Division 3 – Election of Ordinary Members
32. Method of election
Division 4 – Results of Election
33. Declaration of results
34. Transmission of details to Minister
35. Re-count
36. Retaining ballot-papers
Division 5 – Miscellaneous
37. President and Vice-President to be subject to review
38. Adjournment of elections in emergency
39. Vacancies in membership
40. Conduct of election where clerk a councillor
41. Resignation of council
SCHEDULE 1
SCHEDULE 2
Notes
Table of Amendments
NORTHERN TERRITORY OF AUSTRALIA
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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.
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NUMBULWAR NUMBURINDI COMMUNITY GOVERNMENT SCHEME
Community Government Scheme under the Local Government Act
PART I – COUNCIL
This scheme shall be called the Numbulwar Numburindi Community Government Scheme.
(See back note 1)
In this scheme, unless the contrary intention appears –
"candidate" means a person who has been nominated and accepted under clause 19 as a candidate for election as President of the council, and who has not withdrawn his consent to the nomination before the close of nominations;
"clan" means a clan named in clause 6(3);
"clerk" for the purposes of Part III except clauses 40 and 41, also includes the Electoral Commission and a person appointed to conduct an election under clause 40;
"council" means the Numbulwar Numburindi Community Government Council;
"election day" means a day specified in or fixed under clause 15(1) or (2) for the holding of an election for the office of President of the council;
"election notice" means a notice under clause 17;
"election year" means a year specified in clause 15(1) or (2) for the holding of elections of ordinary members;
"member" means a member of the council, and includes its President and Vice-President;
"ordinary member" means a member of the council other than its President and Vice-President;
"polling official" means an official appointed under clause 23;
"voter" means a person entitled and intending to vote at an election for the office of President.
The community government area to which this scheme applies comprises all that parcel of land in Arnhem Land north of Limmen Bight in the Northern Territory of Australia shown on the plan in Schedule 1, containing an area of 450 square kilometres more or less and bounded by lines commencing at the intersection of Latitude 130 23' south and low water mark in Blue Mud Bay; thence by low water mark to its intersection with Longitude 1350 30' east in Limmen Bight; thence due north to Latitude 130 34' south; thence northeasterly to the point of commencement.
The name of the community government council which shall administer the community government area is the Numbulwar Numburindi Community Government Council.
The common seal of the council shall contain the words "Numbulwar Numburindi Community Government Council" and "Common Seal.
(1) The council shall consist of –
(a) a President;
(b) a Vice-President; and
(c) 20 ordinary members.
(2) Subject to the provisions of this scheme with respect to the filling of casual vacancies –
(a) the President shall be declared or elected as required by clause 20 from persons belonging to any of the clans named in subclause (3).
(b) the Vice-President shall be the person declared such under clause 33(2)(d) by reason of his having obtained (or being treated as having obtained) the second highest number of votes in the election of the President; and
(c) of the ordinary members, 2 shall be elected in accordance with clause 32 to represent each of the clans named in subclause (3).
(3) The clans are –
Nungarrgarlu Ngalmi
Nungayinbala Murrungun
Nundhirribala Mangurra
Nungumadjbarr Wurramara
Numamurdirdi Wagilag
(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.
(1) A person is eligible for nomination as President of the council if he –
(a) belongs to one of the clans;
(b) is enrolled as a voter under clause 18; and
(c) lives in the community government area, and has lived there continuously for a period of not less than 2 years immediately before his nomination.
(2) A person is eligible to be elected as an ordinary member for the clan to which he belongs if he has attained the age of 18 years at the time of his election, and has lived continuously in the community government area for not less than 2 years immediately before his election.
(3) The office of any member of the council becomes vacant if the member ceases to reside ordinarily in the community government area.
(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 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 in writing 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 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.
(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.
(6) A notice under subclause (5) shall specify –
(a) the date, time and place of; and
(b) the reason for the calling of,
the special meeting.
(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 President.
(8) A member proposing to be absent from a meeting of the council may authorize any person belonging to the same clan who has attained the age of 18 years and has lived in the community government area for not less than 2 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) An authorization under subclause (8) may be in writing lodged with the clerk or by word of mouth given to the clerk, and shall in the latter case be recorded by the clerk in writing.
(10) 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 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 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 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.
(1) There shall be an Executive Committee of the council, to which the council may by resolution delegate any of its powers and functions under this scheme other than this power of delegation.
(2) The Executive Committee shall consist of 11 members of the council, one of whom shall be the council's President or Vice-President, and its members shall be elected by the council at the council's first meeting after its own election and thereafter as occasion may require for the filling of casual vacancies.
(3) The quorum for a meeting of the Executive Committee shall be 6.
(4) Subject to any council resolution with respect thereto, the proceedings of the Executive Committee shall be as the Committee determines.
(5) A power or function delegated under this clause shall, when exercised or performed by the Executive Committee, be deemed for the purposes of this scheme to have been exercised or performed by the council.
(6) A delegation under this clause does not prevent the exercise of a power or the performance of a function by the council.
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 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, community halls, public toilet and ablution blocks and laundry facilities;
(d) the provision of a service for the collection and disposal of garbage, the maintenance of particular places 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;
(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, 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;
(n) the prevention and control of substance abuse;
(p) the maintenance of cemeteries;
(q) the control of animals within the community government area;
(r) the development and maintenance of roads, boat ramps and channel markers within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads, boat ramps and channel markers outside the community government area;
(s) the maintenance of an airstrip and facilities related thereto;
(t) 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;
(u) the contracting of works projects within or without the community government area;
(w) the establishment and operation of pastoral and commercial enterprises;
(y) the establishment and operation of a post office agency and an ADI;
(z) the selling of petroleum products;
(za) 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;
(zb) the promotion and development of tourist attractions, and provision and maintenance of tourist facilities, within the community government area;
(zc) the production and selling of artifacts and souvenirs;
(zd) the management and control of sites of historic interest;
(ze) the maintenance and preservation of Aboriginal law and custom; and
(zf) the support and encouragement of artistic, cultural and sporting activities.
(1) The council has (in addition to the powers conferred on it by the Local Government Act, and, in particular, its power under section 292 of the Act to make by-laws with respect to the matters there stated) 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) Subject to subclause (3), 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.
(3) Land is not ratable by virtue of subclause (2) if it is land of a description which would be exempt from rating by a council of a municipality under section 97 of the Local Government Act.
(4) Liability for the payment of rates declared by virtue of subclause (2) shall be determined in accordance with section 122 of the Act, and all other provisions with respect to rates contained in the Act or regulations under the Act shall apply to and in relation to rates so declared to the extent that they are capable of doing so and with any necessary modifications.
(5) 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 or his having an interest in ratable land in the area.
(6) The council may exempt 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.
(7) The council may, by agreement with the body in question, take over and manage any activity consistent with the council's functions of the Numbulwar Numburindi Council Incorporated or any other organization.
(8) The council may contract with the Territory or other person in order to perform any of its functions.
Before exercising any power under this scheme in relation to a part of the community government area which is represented by the Numbulwar Homelands Council Association Incorporated, the council shall consult with that Association.
PART III – ELECTIONS
Division 1 – General
(1) The first election of the ordinary members of the council shall take place during the month of April in the year 1990, and the first election of a President shall be held on Friday 20 April 1990.
(2) Subsequent elections of ordinary members shall take place during the month of April in every third calendar year after 1990, and subsequent elections of a President on a Friday in April in each such year, which shall be fixed by the council but shall not be the last, or last but one, day of that month.
(3) Subject to subclause (4), the term of office of a member of the council –
(a) begins on 1 May in an election year; and
(b) ends on 30 April in the next election year.
(4) Subclause (3) has effect subject to clause 38(4) where an election period has been extended under that clause; and, in the case of a by-election, clause 39(4) and (5) apply instead of subclause (3)(a).
(1) A person is eligible to vote at the election of a President, and entitled to be enrolled as a voter under clause 17, 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 2 years immediately before the date on which the election notice relating to that election is given; or
(b) is a non-resident traditional owner of the area.
(2) A person is eligible to participate in the election of ordinary members for the clan to which be belongs if he has attained the age of 18 years and either has ordinarily resided in the community government area for a period of 2 years or more or is a non-resident traditional owner of the area.
(1) the clerk shall publish in an election year –
(a) not later than 28 clear days before the day fixed for the election of a President, an election notice relating to that election and complying with subclause (3); and
(b) not later than 1 March, an election notice relating to the election of ordinary members and complying with subclause (4).
(2) An election notice shall be published by displaying it prominently at such places as the clerk considers likely to reasonably ensure that it will be seen by all residents of the community government area.
(3) An election notice relating to the election of a President shall specify –
(a) the date fixed by clause 18(2) for the closure of the electoral roll;
(b) the persons who may nominate persons, and be nominated, as candidates;
(c) the date and time under clause 19(4) of the close of nominations;
(d) the manner in which nominations shall be lodged; and
(e) the date of the election and time and place of polling,
and shall advise that only persons whose names are on the electoral roll will be entitled to vote at the election.
(4) An election notice relating to the election of ordinary members shall state that –
(a) a council is to be elected during the month of April in the election year;
(b) each of the clans (setting these out by name) is to elect 2 members; and
(c) a person belonging to a clan is eligible –
(i) to be elected as a member for the clan if he has attained the age of 18 years and has lived continuously in the community government area for not less than 2 years immediately before his election; and
(ii) to participate in the election of members for the clan if he has attained the age of 18 years and either has ordinarily resided in the community government area for a period of 2 years or more or is a non-resident traditional owner of the area,
and shall in addition set out the provisions as to the method of election and notification of results contained in clause 32.
Division 2 – Election of President
(1) The clerk shall maintain a roll of the full names and addresses of persons who are eligible under clause 16(1) to vote at the elections of a President.
(2) The clerk shall close the roll at 12 noon on the Friday 21 days before election day.
(3) Except as provided by clause 26(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.
(1) A person who belongs to a clan and is enrolled as a voter under clause 18 may, by lodging with the clerk a written nomination in accordance with the form in Schedule 2, nominate as a candidate for election as President of the council a person belonging to any of the clans.
(2) The clerk shall not accept a nomination unless he is satisfied –
(a) that it sufficiently identifies the proposed candidate; and
(b) that the proposed candidate is eligible under clause 7(1) to be nominated as President,
and he is supplied with 2 copies of a recent photograph of the proposed candidate which, in his opinion, is suitable for display in accordance with subclause (5) and clause 22(3).
(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 Friday 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 and their clans, together with a photograph of each of them, in the same places as the election notice.
(1) Where at the close of nominations under clause 19(4) one person only has been nominated as a candidate, the clerk shall, by a notice displayed in the same places as the election notices, declare that person to be the President of the council.
(2) Where at the close of nominations 2 or more persons have been nominated as candidates, an election to decide between the candidates shall be held on election day, save that, if there were 2 candidates only, and one of them dies between the close of nominations and election day, the clerk shall instead declare the survivor to be President.
(1) The clerk shall cause to be prepared or printed in sufficient numbers for the purposes of an election tokens for use by those voting in person and ballot-papers for use in postal voting.
(2) The clerk shall determine by ballot the order of the names of candidates on a ballot-paper.
(1) The clerk shall set aside a place as the polling place for an election.
(2) The polling place shall have within it a voting area in which a voter is able to cast his votes without being observed otherwise than by a polling official.
(3) The clerk shall provide in a voting area, for each candidate, a container for the casting of voting tokens which shall state the name and clan of the candidate, and shall be placed in front of or below a photograph of the candidate supplied by him in accordance with clause 19(2).
(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.
(3) The clerk and polling officials shall conduct voting at the polling place.
(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 each polling place with the clerk or officials to observe the conduct of the voting and counting of votes.
The clerk shall ensure that the polling place is 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 at an election, 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 16(1) 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 18(2) –
(a) alter the roll by writing the person's name on the roll;
(b) initial the alteration; and
(c) then permit that person to vote.
The clerk shall, immediately before the polling place is opened for voting, demonstrate to the satisfaction of at least one person who is eligible to vote but is not a candidate that there are no voting tokens in any of the voting containers.
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 the voter a voting token.
(3) After the clerk or official hands the voting token to a voter, the voter shall go into the voting area and vote by placing the token in the container relating to the candidate of the voter's choice.
(4) Each voter shall vote only once at each election.
(5) Subject to subclause (7), a voter shall enter the voting area alone.
(6) Subject to subclause (7), no person other than a voter who has been issued with a voting token shall vote with the token.
(7) 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 the voting area and vote for him.
(1) A person whose name appears on the electoral roll who –
(a) is ill, infirm or for religious reasons unable to attend the polling place; or
(b) will be absent from the community government area during the hours when the polling place will be open,
may apply in person or in writing to the clerk for a postal ballot-paper.
(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
(b) draw a line through the name of the applicant on the electoral roll.
(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 box opposite the name of the candidate 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 retain the envelope unopened and in safe custody until the counting of votes.
(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 (not being a candidate) who was eligible to vote –
(a) open any postal ballot-papers retained by the clerk in accordance with clause 30(6) and, subject to subclause (2), place each paper in or with the appropriate voting container; and
(b) count the votes received by each candidate.
(2) In carrying into effect subclause (1)(a), the clerk shall set aside as an informal vote any ballot-paper where the voter has voted for more than one candidate, or has failed to make his intentions clear, but a paper shall not be set aside by reason only that the voter has marked it otherwise than in accordance with clause 30(4).
(3) 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 names of the scrutineers who attended the count; and
(c) the total number of votes received by each candidate.
Division 3 – Election of Ordinary Members
The election of ordinary members for a clan shall be effected by agreement between the persons eligible to participate in the election as to the persons by whom they wish to be represented on the council, and the result of the election shall be notified to the clerk not later than 30 April in the election year by a written declaration signed by 2 persons recognized by the clerk as having authority to declare the wishes of the clan.
Division 4 – Results of Election
(1) As soon as practicable after the counting under clause 31 of the votes cast in the election of a President of the council, the clerk shall declare the results of the election by a notice displayed in the same places as the election notices.
(2) A notice under subclause (1) shall –
(a) list the candidates;
(b) state the number of votes received by each candidate;
(c) subject to subclause (4), declare the person with the highest number of votes elected as President; and
(d) declare the person who obtained the second highest number of votes, or is treated by virtue of subclause (5) as having obtained the second highest number of votes, to be Vice-President.
(3) On 1 May in an election year or as soon as practicable thereafter, the clerk shall, by a notice displayed in the same places as the election notices, declare all the persons whose names have been notified to him in accordance with clause 32 to have been duly elected as ordinary members of the council.
(4) Where 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 President, and his notice under subclause (1) shall declare the winner to be President, and shall record that he was selected by lot.
(5) Where 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 (4), the other shall be treated for the purposes of subclause (2)(d) as having obtained the second highest number of votes, and shall be declared Vice-President accordingly; and in any other circumstances in which an equality of votes makes it 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 (2)(d) as having done so, and his notice under subclause (1) shall record that the person declared
Vice-President was selected by lot.
As soon as practicable after publishing the notice required by clause 33(3), the clerk shall forward a copy of it to the Minister, together with a copy of his notice under clause 33(1) and certificate under clause 31(3) or, if the President was declared by virtue of clause 20, a copy of his declaration under that clause.
(1) The clerk, at any time before a candidate is declared to be elected President, may, at the written request of a candidate or of his own motion,
re-count the votes cast for each of the candidates.
(2) A request under subclause (1) shall state the reasons for the request.
After the counting of votes has been completed in the election of a President, the clerk shall keep any ballot-papers used in postal voting in a sealed package unopened for 6 months, and shall destroy the package unopened at the end of that period.
Division 5 – Miscellaneous
(1) Subject to subclause (3), where the clerk is requested in accordance with subclause (2) to call a public meeting to discuss the performance in office of the President or the Vice-President or both, he shall call such a meeting within 14 days of receiving the request by a notice –
(a) stating the time and place of the meeting, and the purpose for which it is called; and
(b) displayed at least 2 clear days before the date of the meeting at such places in the community government area as the clerk considers best suited for bringing the meeting to the attention of residents of the area.
(2) A request under subclause (1) must be in writing, and signed by the members of the council for the time being representing 6 at least of the clans.
(3) Where a request has been made under subclause (1), no further request may be made with respect to the same person in the same office until at least 12 months after the date of the previous request.
(4) A meeting under this clause shall be presided over by the clerk who, if satisfied that there are present at the meeting at least one half of the persons who were enrolled as voters for the last election of a President, shall accept for discussion any motion duly proposed and seconded by such a person expressing lack of confidence in the office holder or office holders in respect of whom the meeting was called.
(5) All such persons as were enrolled as voters for the last election of a President shall be entitled to speak to and vote on a motion proposed and seconded in accordance with subclause (4).
(6) The vote on such a motion shall be taken by a show of hands, and if the clerk is satisfied that at least one half of those who were enrolled as voters for the last election of a President have voted in favour of the motion, he shall declare the motion carried, and the office holder or office holders in question shall thereupon cease to hold office.
(7) Where the office of President or Vice-President has become vacant by virtue of this clause, the clerk shall cause written notice of that fact to be displayed in a place which he considers likely to be frequented by residents, and shall send a copy of the notice to the Minister.
(1) If it appears to the clerk to be necessary or desirable to do so by reason of –
(a) riot or open violence;
(b) fire, storm, tempest or flood or a similar occurrence; or
(c) any other event the consequences of which may hamper the electoral process,
he may extend by a maximum of 28 days the period during which the election of the ordinary members of a council is to take place under clause 15.
(2) Where the clerk extends the election period for ordinary members under subclause (1), he may postpone polling in the election of a President of the council to a day not later than 2 clear days before the end of the extended election period.
(3) The clerk shall take such steps as he may consider necessary and practicable to inform electors of an extension or postponement under this clause.
(4) Where the election period for ordinary members is extended under this clause –
(a) the term of office of all existing members of the council continues until the end of the period as extended, and the new council takes office on the following day; and
(b) the notification required by clause 32 shall be given not later than the end of the period as extended, and the notice required by clause 33(3) shall be displayed on or as soon as practicable after the day following the period as extended.
(1) Subject to subclauses (2) and (3) and clause 41, 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 under subclause (1) if the vacancy arises on or after 1 October in the year immediately preceding an election year, and in that event the council may fill the vacancy –
(a) in the case of a vacancy in the office of President or
Vice-President – by appointing by resolution a person eligible for election as President under clause 7(1)(a) and (c); and
(b) in the case of a vacancy in the office of an ordinary member – by appointing by resolution a person eligible under clause 7(2) to represent the clan in question.
(3) The council may fill a vacancy in the ordinary membership of the council arising earlier than the date specified in subclause (2) by appointing by resolution a person eligible under clause 7(2) to represent the clan in question, and in that event subclause (1) shall not apply.
(4) The provisions of this scheme relating to the election of a President of the council shall apply to and in relation to by-elections for the office of President or Vice-President with any necessary modifications, and, in particular, the date of a by-election for either office shall be fixed by the council, and the term of office of the person elected shall begin on the day following the counting of votes.
(5) A by-election relating to the office of an ordinary member shall be held during a period of 4 weeks beginning with a date decided by the council, or during that period as extended under clause 38(1) as applied by subclause (8), and the member elected shall take office on the day following that period or extended period.
(6) Clause 17(1)(b) and (2) shall apply to and in relation to a
by-election of an ordinary member, but with a reference to the first day of the period during which the by-election is to be held substituted for the reference to 1 March in an election year; and an election notice published under clause 17(1)(b) by virtue of this subclause shall –
(a) state that a by-election is to be held to elect a member to represent the clan in question;
(b) specify the period during which the by-election is to be held;
(c) require persons belonging to the clan who have attained the age of 18 years and either have been ordinarily resident in the community government area for at least 2 years or are non-resident traditional owners of the area to elect the member from persons belonging to the clan who have attained that age and have lived continuously in the area for at least 2 years; and
(d) set out the provisions as to the method of election and notification of results contained in clause 32 as modified by subclause (7)(a).
(7) Clauses 32 and 33(3) shall apply to and in relation to a by-election of an ordinary member, but with –
(a) clause 32 referring (instead of to 30 April in an election year) to the last day of the period during which the by-election is to be held, or the last day of that period as extended under clause 38(1) as applied by subclause (8); and
(b) clause 33(3) referring to the following day (instead of to 1 May in an election year).
(8) Clause 38(1) shall apply to the by-election of an ordinary member as it applies to a general election of ordinary members, and, in any of the circumstances specified in clause 38(1), the clerk may if it appears to him to be necessary or desirable to do so postpone polling at a by-election for the office of President or Vice-President from day to day for a maximum of 28 days beginning with the day fixed by the council for the holding of the by-election.
(9) The clerk shall take such steps as he may consider necessary and practicable to inform electors of an extension or postponement under or by virtue of subclause (8).
(10) The clerk shall notify the Minister in writing of the making of any 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 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 –
(i) a period of 4 weeks during which the ordinary members of a new council are to be elected; and
(ii) a date not later than 2 clear days before the end of that period on which the President of a new council is to be elected; and
(b) exercising a power of the council under this scheme.
(2) The period determined by the clerk under subclause (1)(a)(i) shall be one beginning as soon as 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 eligible to participate in an election as his assistant.
(4) A council elected under this clause shall take office on the day following the election period, and 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.
(5) In relation to elections under this clause, the provisions of this scheme shall have effect with the necessary modifications.
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SCHEDULE 1
Clause 3
NUMBULWAR NUMBURINDI COMMUNITY GOVERNMENT AREA
See hard copy for plan
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SCHEDULE 2
Clause 19(1)
FORM OF NOMINATION OF COUNCILLOR
Numbulwar Numburindi Community Government Council
NOMINATION OF COUNCILLOR
I, , a person belonging to the clan and duly enrolled as a voter for the election of a President of the Numbulwar Numburindi Community Government Council, nominate , a person belonging to the clan, to be President.
Dated .
Signature of Nominator
I consent to this nomination.
Dated .
Signature of Candidate
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Notes
1. The Numbulwar Numburindi 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
|
13 Dec 1989
|
18 Dec 1989
|
18 Dec 1989
|
Act No. 38, 2002
|
–
|
–
|
30 Oct 2002 (a)
|
Act No. 1, 2004
|
–
|
–
|
17 Mar 2004 (c)
|
Act No. 12, 2004
|
–
|
–
|
15 Mar 2004 (b)
|
(a) See section 2 and Gazette G43, dated 30 October 2002, p. 3.
(b) See section 2, section 2 of the Electoral Act and Gazette S6, dated 15 March 2004.
(c) See section 2 and Gazette G11, dated 17 March 2004, p. 8.
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Table of Amendments
Clause
2. Amended by Act No. 12, 2004
12. Amended by Act No. 38, 2002
23. Amended by Act No. 1, 2004
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