NORTHERN TERRITORY UNIVERSITY (ELECTION OF MEMBERS OF COUNCIL) BY-LAWS (Repealed)

15. Failure of election where candidate dies or ceases to be eligible for election

This reprint shows the By-laws as in force at 21 April 1999. Any amendments that may come into operation after that date are not included.

These By-laws may be cited as the Northern Territory University (Election of Members of Council) By-laws. (See back note 1)

"election" means an election for the purposes of section 9(1)(f), (g), (h), (j) or (k) of the Act;

"election notice" means a notice given by the Registrar pursuant to by-law 3(2);

"electoral assistant" means a person appointed under by-law 8 to assist in the conduct of an election;

"Registrar" means the Registrar of the University, and includes any person for the time being acting in or performing the duties of the office of Registrar, and any officer of the University for the time being authorized by the Vice-Chancellor in writing to act as Registrar for the purposes of these By-laws;

(2) A reference in these By-laws to the posting of a document includes (except in by-law 3) a reference to the transmission of a document to an address within the University by internal mail.

(1) It is the duty of the Registrar to call such elections as are required to give effect to the Act.

(i) the notice-board in the foyer of the main entrance to the library at Casuarina Campus;

(ii) the notice-board in Building A adjacent to the theatre at the Palmerston Campus; and

(b) publishing in a newspaper circulating in the Darwin area, a notice complying as to its contents with by-law 5.

(3) An election notice shall be posted and published in accordance with clause (2) not later than the end of September immediately preceding the commencement of the term or terms of office of the person or persons to be elected, and shall bear as its date the date on which it is so posted.

(1) On calling an election or elections pursuant to by-law 3, the Registrar shall prepare (for each election if more than one) a roll of the names and addresses of the persons entitled to vote thereat.

(2) For the purpose of assisting the Registrar in the preparation of electoral rolls, the Vice-Chancellor shall ensure that the University maintains, and makes available to the Registrar as necessary, records of all members of the full-time staff of the University, students of the University and members of Convocation; and it is the duty of each such member and student to notify the University of any change in the member’s or, as the case may be, student's current address.

(3) The Registrar shall close the electoral roll or rolls at the time determined under by-law 6(1)(d) for the closure of nominations, and shall not subsequently alter a roll in any respect whatsoever except so far as may be necessary to correct an oversight or error.

(4) The Registrar shall ensure that, as soon as practicable after the closure of the electoral roll or rolls, copies thereof are made available for inspection in the Library on the Palmerston Campus, in the Library in the International College on the Tiwi Campus and in the Library on the Casuarina Campus.

(a) state the number and description of persons to be elected at each election to which the notice relates, and the persons by whom they are to be elected;

(b) inform the electors that voting will be by post, and that ballot-papers will be sent only to those whose names and addresses appear on the relevant electoral roll;

(c) specify the time and date when (in accordance with by-law 4(3)) the electoral roll or rolls will close, and invite persons eligible to vote to confirm before the closure that their names and current addresses are known to the Registrar;

(d) inform electors that the electoral roll or rolls will be available for inspection as mentioned in by-law 4(4);

(e) set out the requirements of by-law 6(1) with respect to the nomination of candidates for election; and

(f) prescribe a form of nomination, and specify the time by which nominations must be lodged with the Registrar (being the time determined by the Registrar pursuant to by-law 6(1)(d).

(a) must be in the form prescribed by the election notice or a form to the like effect;

(b) must be signed by two persons each of whom is eligible to vote at the election;

(d) must be lodged with the Registrar before such time as the Registrar shall determine, which shall be on a day not less than 14 days after the date of the election notice and shall be specified in the election notice.

(a) can be withdrawn by writing signed by the person nominated and lodged with the Registrar before the time determined under clause (1)(d) for the close of nominations; and

(b) lapses if the person nominated ceases before that time to be eligible for election.

(1) Where at the close of nominations for an election the number of candidates exceeds the number of members required to be elected, the Registrar shall conduct a postal ballot to choose the number required.

(2) Where at the close of nominations the number of candidates does not exceed the number of members required, there shall be no ballot, but the Registrar shall instead declare the candidate or candidates to have been elected uncontested.

The Registrar may appoint such persons other than candidates as the Registrar thinks fit to assist in the conduct of an election.

(1) Where a ballot is to be conducted for the purposes of an election, the Registrar shall, as soon as practicable after the close of nominations and not later than 21 days after the day on which they close, cause to be posted or otherwise delivered to each person whose name is on the electoral roll prepared for the election, at the address shown on the roll for that person –

(d) where a candidate has by the close of nominations supplied the Registrar with an election statement not exceeding 100 words and requested that it be sent to electors, a copy of that statement.

(2) A ballot-paper shall be headed with a description of the election to which it relates, shall set out the names of the candidates in an order determined by the Registrar by lot, and shall have printed against each name a box in which the voter may indicate the voter's preference.

(a) one shall be marked with the words "Ballot-Paper", and words describing the election in connection with which it is issued; and

(b) the other shall be a larger envelope, which is addressed to the Registrar and has printed on it such declaration as the Registrar may require to identify it as containing the ballot-paper of a person eligible to vote at the election.

(b) instruct the voter to place the completed ballot-paper in the envelope marked "Ballot-Paper", and to seal that envelope and return it to the Registrar in the envelope addressed to the Registrar with the declaration thereon duly completed; and

(c) specify the time by which, in accordance with clause (5), the completed ballot-paper must be received by the Registrar.

(5) Completed ballot-papers relating to an election must be received by the Registrar by a time determined by the Registrar, which shall be on a day not less than 14 days after the day which, under clause (1), is the last day for the posting or delivery of ballot-papers to electors.

(6) The Registrar may issue a duplicate ballot-paper to a person who applies therefore in writing if the Registrar is satisfied –

(a) that the applicant has not received a ballot-paper sent to the applicant pursuant to clause (1); or

(b) that a ballot-paper received by the applicant has been lost, destroyed or spoilt.

(1) A person voting at an election may vote for such number of candidates as the voter pleases.

(2) A voter shall record a single vote by writing the number "1" in the box of the ballot-paper opposite the name of the candidate of the voter’s choice.

(3) A voter shall record two or more votes by writing the number "1" in the box opposite the name of the candidate who is the voter’s first preference, and consecutively increasing numbers in the boxes opposite the names of other candidates in the order of the voter's preferences.

(1) Envelopes for the return of ballot-papers supplied by the Registrar in accordance with by-law 9(3)(b) shall, on their receipt by the Registrar, be dealt with in accordance with clause (2) or (3) as may be appropriate.

(a) the declaration on the envelope shows it to contain the ballot-paper of a person whose name is on the electoral roll for the election in question; and

(b) the envelope is received before the time by which completed ballot-papers relating to that election are required by by-law 9(5) to be received,

the Registrar shall open the envelope, remove the inner envelope containing the completed ballot-paper, and retain the latter (unopened) in safe custody for the purposes of the count.

(3) If clause 2(a) or (b) is not satisfied in the case of any envelope, the Registrar shall mark the envelope "Rejected", and endorse thereon a note of the reason for its rejection, and the ballot-paper enclosed therein shall not be included in the count.

(1) Each candidate at an election is entitled to one scrutineer, being a person having the written and signed authority of the candidate to act in that capacity.

(2) A scrutineer is entitled to be present at the counting of the votes cast in the election, and to examine the ballot-papers included in the count.

(1) The votes cast at an election shall be counted as soon as practicable after the time determined under by-law 9(5) as the time by which completed ballot-papers must be received by the Registrar, and in any event no later than 7 days after the day on which that time falls.

(2) The count shall be conducted by the Registrar, assisted if the Registrar so requires by one or more electoral assistants, and, subject to clause (3), in the presence of the scrutineers.

(3) An election is not rendered invalid by the failure of any of the scrutineers to attend the count.

(4) During the count, the Registrar shall set aside as an informal vote any ballot-paper which has been marked otherwise than as provided by by-law 10(2) or (3).

(5) Subject to clause (4), the votes cast at an election shall be counted, and the person or persons to be declared elected shall be ascertained, in accordance with the appropriate provisions of the Schedule.

(6) The Registrar shall keep such records of the votes cast at an election as are necessary to enable the Council to comply with section 13(2) of the Act.

The Registrar shall, as soon as practicable after declaring (whether under by-law 7(2) or in accordance with by-law 13(5) and the Schedule) a person or persons to have been elected to the Council –

(a) publish notice of the declaration on the notice boards referred to in by-law 3(2)(a) and in the newspaper in which notice of the election was published in pursuance of by-law 3(2)(b); and

and the notification under paragraph (b) shall be treated for the purposes of section 11 of the Act as given by the Registrar on behalf of the body or body of persons required to elect the person or persons to whom the declaration relates.

(1) This by-law applies where, in the case of any election, a candidate dies or ceases to be eligible or election between the time determined under by-law 6(1)(d) for the close of nominations and he completion of the count.

(2) Where the death or loss of eligibility occurs before the time by which completed ballot-papers are required by by-law 9(5) to be received by the Registrar, and has become known to the Registrar before that time, the election shall be deemed to have failed, and the Registrar shall call a new election.

(3) Where the event in question occurs after the final time for the receipt of ballot-papers, or occurs before that time but does not come to the Registrar's knowledge until after that time, the count shall take place in accordance with by-law 13 and the Schedule as if the event had not occurred, and –

(a) if as a result of the count the candidate would, but for the occurrence of the event, be entitled to be declared elected, the election shall be deemed to have failed, and the Registrar shall call a new election; and

(b) if the candidate would not have been entitled to be declared elected, the count shall hold good, and the successful candidate or candidates be declared accordingly.

(a) the last day for the posting and publishing of the election notice shall be a day fourteen days after that on which the candidate died or ceased to be eligible for election; and

(b) the electoral roll for the purposes of the new election shall be that prepared for the failed election (and, accordingly, by-law 4, and paragraphs (c) and (d) of by-law 5, shall not apply).

The Northern Territory University (Election of Members of Council By-laws made on 28 September 1989 are revoked.

1. Where one member only is to be elected, the number of first preference votes cast for each candidate shall first be counted, and –

(a) if one candidate obtains an absolute majority of the votes counted, the Registrar shall declare that candidate to have been elected; and

(b) if no candidate obtains an absolute majority, the count shall proceed in accordance with paragraph 2 and, if necessary, paragraph 3.

2. Where one member only is to be elected and no candidate obtains an absolute majority of the first preference votes, there shall be a second count, at which –

(a) the candidate who obtained the fewest votes at the first count (or, if two or more obtained the fewest, such one of them as is selected by the Registrar by lot) is excluded; and

(b) each ballot-paper counted to that candidate is counted instead to the candidate (if any) next in the order of the voter’s preference,

and if one candidate then has an absolute majority of votes, the Registrar shall declare that candidate to have been elected.

3. Where on a second count pursuant to paragraph 2 there is still no candidate with an absolute majority of votes –

(a) the process of excluding the candidate with the fewest votes (or, if two or more obtained the fewest, one of them selected by lot) and counting each of the ballot-papers counted to that candidate to the continuing candidate next (if at all) in the order of the voter’s preference shall be repeated until one candidate does obtain an absolute majority; and

4. Where two members are to be elected, the number of first preference votes cast for each candidate shall first be counted, and –

(a) if there are only three candidates, the candidate who obtained the fewest of the votes counted (or, if two obtained the fewest, such one of them as is selected by the Registrar by lot) shall be excluded, and the Registrar shall declare the others elected;

(i) the candidate who obtained the fewest votes at the first count (or, if two or more obtained the fewest, such one of them as is selected by the Registrar by lot) is excluded; and

(ii) each ballot-paper counted to that candidate is counted instead to the candidate (if any) next in order of the voter’s preference,

and paragraph (a) shall then apply with respect to the three remaining candidates; and

(ii) the process of excluding the candidate with the fewest votes (or, if two or more obtained the fewest votes, one of them selected by lot) and counting each of the ballot-papers counted to that candidate to the continuing candidate next (if at all) in the order of the voter’s preference shall then be repeated until only three candidates remain; and

(iii) paragraph (a) shall then apply with respect to those three remaining candidates.

5. Where two members are to be elected and, whether at the first count or at any subsequent count, each of the candidates obtains the same number of votes, the Registrar shall determine by lot which of the candidates is to be treated for the purposes of paragraph 4 as having obtained the fewest votes, and that paragraph shall apply accordingly.

1. The Northern Territory University (Election of Members of Council) By-laws, in force under the Northern Territory University Act, comprise By-laws made on 29 March 1990 and amendments made by other legislation, the details of which are specified in the following table:

	Date made	Date notified in the Gazette	Date of commencement
Northern Territory University (Election of Members of Council) By-laws	29 Mar 1990	4 July 1990	4 July 1990
Amendments of Northern Territory University (Election of Members of Council) By-laws	25 Feb 1999	21 Apr 1999	21 Apr 1999

Northern Territory Repealed Regulations

NORTHERN TERRITORY UNIVERSITY (ELECTION OF MEMBERS OF COUNCIL) BY-LAWS