TIMBER CREEK COMMUNITY GOVERNMENT CONSTITUTION (Repealed)

This reprint shows the Community Government Constitution as in force at 28 September 2005. Any amendments that may come into operation after that date are not included.

The name of this scheme is the Timber Creek Community Government Constitution. (See back note 1)

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

(1) This scheme repeals and replaces the Timber Creek Community Government Scheme approved on 5 November 1992 by the Minister for Sport, Recreation, Ethnic Affairs and Local Government under section 250(1)(a) of the Local Government Act as then in force, which approval was notified in Gazette No. S58 on 6 November 1992 ("the repealed scheme").

(2) Those members of the Timber Creek Community Government Council (established under the repealed scheme) representing the Timber Creek ward and in office immediately before the commencement of this scheme shall continue in office as if each of them had been elected under this scheme.

(3) Those members of the Timber Creek Community Government Council (established under the repealed scheme) representing the Ngaringman ward and in office immediately before the commencement of this scheme shall continue in office as if each of them had been elected under this scheme but shall cease to hold office immediately on the declaration of the result of the by-election under subclause (4).

(4) The clerk shall, as soon as practicable after this scheme comes into operation, hold a by-election for the wards of Ngaringman and Gilwi.

(5) The term of office of a member continued or elected under this clause expires on the declaration of the result of the next election (other than a

"candidate" means a person who has been nominated and accepted, under clause 21, as a candidate for election to the council and who has not withdrawn consent to the nomination before the close of nominations;

"clerk", for the purposes of Part 4, (other than clauses 41 and 42), includes the Electoral Commission;

"election day" means a day fixed under clause 18 for the holding of an election;

"member" means a member of the council and includes the President and Vice-President and a person authorised under clause 11;

"polling place" means a place set aside under clause 25 for the purposes of an election;

(a) every place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place;

(b) every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only;

(c) every road, street, footway, court, alley, thoroughfare or cul-de-sac which the public are allowed to use, notwithstanding that the road, street, footway, court, alley, thoroughfare or cul-de-sac may be formed on private property; and

(d) land reserved under a law of the Territory for the use of the public or a member of the public;

The community government area to which this scheme applies comprises all those parcels of land containing approximately 16118.26 hectares indicated on the plan in Schedule 1, and described in Schedule 2 as wards.

The name of the community government council which administers the community government area is the Timber Creek Community Government Council.

who shall be declared, elected or authorised in the manner provided by this scheme.

(2) Subject to this scheme, the term of office of a member expires on the declaration of the result of the next election (not being a by-election).

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

(1) The council shall have a President and a Vice-President, who shall be chosen in that order by the members from amongst their own number at the council's first meeting after its election and, after that, as occasion may require.

(2) A member shall not be elected to an office referred to in subclause (1) if, on election, the member would represent the same ward as that represented by the holder of the other office referred to in that subclause.

(3) Subject to subclause (4), the President and Vice-President each hold office during the pleasure of the council.

(4) The President and Vice-President may resign as such at any time by giving written notice to the clerk, and the office of either becomes vacant if he or she ceases to be a member of the council.

(5) The Vice-President shall act as President during a vacancy in the office and shall perform the functions, exercise the powers and discharge the duties of the President when the President is absent from the community government area or from a meeting of the council or is unable to perform the functions of office.

(1) The council shall meet to transact its business not less than once each month.

(2) The date and time of a council meeting shall be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for that purpose.

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

(4) By giving the President written notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members of 6 or more voters may require the President to call a special meeting of the council, and the President shall call that meting, to be held on a day not later than 7 days after the day on which the notice is received, and shall notify the members accordingly.

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

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

the clerk shall declare that person to be no longer a member, and the office to be vacant.

(1) A member proposing to be absent from a meeting of the council may authorise in writing an elector to attend the meeting in the member's place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.

Meeting of the council shall be open to persons who are not members or officers or employees of the council unless the council determines that a meeting, or part of a meeting, is to be closed.

(1) Meetings of the council shall be presided over by the President or, where the President is absent, by the Vice-President or, in the absence of both the President and Vice-President, by a member chosen by the other members present from amongst their number.

(2) The council shall determine its own procedure for meetings subject to any standing orders it may make from time to time.

(4) The quorum for a meeting of the council shall be a majority of the members then in office, and shall include at least one representative of the Timber Creek ward and one from either the Ngaringman ward or the Gilwi ward.

(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 and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;

(b) the establishment and maintenance of sports facilities, libraries, a cinema, community halls and public toilets and ablution blocks;

(c) the provision of a service for the collection and disposal of garbage, the maintenance of a particular place where garbage may be dumped, the control of litter generally, the provision and maintenance of sanitation, sewerage, drainage and water supply facilities and the removal of health hazards;

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

(h) the promotion and provision of community welfare, health and care facilities for all age groups and the provision of appropriately trained staff to provide counselling or temporary assistance;

(m) the development and maintenance of roads and boat ramps within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads and boat ramps outside the community government area;

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

(q) the contracting of works projects within or outside the community government area;

(s) 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;

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

(w) the support and encouragement of artistic, cultural and sporting activities;

(1) Subject to subclause (2), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(2) Land is not ratable if it is land of a description which would be exempt from rating by a council of a municipality under section 58(2) of the Act.

(3) Without limiting the powers of charging conferred on the council by section 122(3) of the Act, charges are payable by reason of a person's residence in the community government area, or his or her carrying on a business in the area or being a registered proprietor of an interest in real property in the area, whether that person uses any service provided or not.

(4) The council may exempt land or persons, or any class of land or persons, from all or part of the rates or charges for which they would otherwise have been liable by virtue of this clause.

(5) The council may, where a group gives its consent, take control of and manage activities of the group that are consistent with the council's functions.

A person is eligible to vote at a council election in respect of the ward in which he or she resides at the close of the rolls under clause 17(4), if the person is enrolled or is entitled to be enrolled as an elector, within the meaning of the Electoral Act, and has ordinarily resided in the community government area for not less than 6 months immediately before the closure of the electoral rolls under clause 17(4).

(1) The clerk shall maintain for each ward, by such means as he or she thinks fit (including by electronic means or the use of a roll under the Electoral Act), an electoral roll of the full names and addresses of persons who are eligible to vote at elections.

(2) A resident may inspect the electoral rolls at the office of the council during the hours the office is open for business.

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

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

(5) Except as provided by clause 30(2) or to correct an oversight in the making up of an electoral roll, the clerk shall not add a name to the roll in the period between its closure and the conclusion of the election.

(2) An election shall be held on a day fixed by the Council in accordance with subclauses (3) and (4).

(3) The first election shall be held on a day in November 1998 and subsequent elections shall be held on a day in November in each third calendar year after the date of the first election.

(4) Where an election is held under clause 42, subsequent elections shall be held on a day in November in each third calendar year after the date of that election.

(1) The clerk shall give not less than 28 days notice that an election is to be held.

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

(b) the person who may nominate other persons, and who may be nominated, as candidates for a ward;

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

(1) A person is eligible for nomination as a member of the council if he or she –

(b) has ordinarily resided in the community government area for not less than 12 months immediately before the closure of the electoral rolls under clause 17(4).

(2) A person who is enrolled for a ward under clause 17 may nominate another person for election to the council to represent the ward by lodging a written nomination with the clerk.

(2A) A person nominated under subclause (2) must be eligible under subclause (1) to be nominated but may be enrolled in a different ward.

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

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

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

(6) The clerk shall, as soon as practicable after nominations have closed, display in each ward, in the same places as the election notice, a list of the names of the candidates for the ward.

(1) Where, at the close of nominations under clause 21(5), there are not more than –

the clerk shall, by a notice displayed in the same places as the election notice, declare that candidate or those candidates to be a member or members of the council.

(2) Where, at the close of nominations under clause 21(5) the number of candidates exceeds –

an election for that ward or those wards to decide between the candidates shall be held on election day.

(3) Where a declaration has been made under subclause (1), the clerk shall forward a copy of the notice to the Minister not later than 10 days after the close of nominations.

(4) If a candidate dies or withdraws between the close of nominations and election day, and the effect of the death or withdrawal is to reduce the number of candidates to the number of members required for a ward, subclause (1) shall apply, with the necessary changes, as if the candidate had died or withdrawn before the close of nominations.

(1) Where an election of members for a ward is to be held under clause 22(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 the names of candidates on the ballot-paper.

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

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

(1) The clerk shall set aside a polling place or places in each ward in which an election is to be held.

(2) A polling place shall have separate polling booths constructed so as to screen a voter from observation, other than by the clerk, a polling official or a person appointed to assist the voter under clause 32(8), while marking a ballot-paper.

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

The clerk or a polling official shall, immediately before a polling place is opened for voting and in the presence of a person who is eligible to vote but is not a candidate, exhibit the ballot-box empty, securely fit or fasten its lid, and ensure that it remains securely fitted or fastened during the hours of polling.

The clerk shall ensure that, on election day, a polling place is open and remains open for such period as the clerk considers sufficient to give voters who wish to vote the opportunity to do so, but in any case a polling place shall not remain open after 6 pm on that day.

(1) A candidate may, by written notice, appoint persons to be scrutineers for the candidate for the purposes of the election.

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

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

(1) Subject to subclause (2), a person whose name appears on the electoral roll for a ward shall vote in that ward, and a person whose name does not appear on the electoral roll for that ward shall not entitled to vote at an election in that ward.

(2) Where the clerk is satisfied that a person whose name has not been entered on a roll is eligible under clause 16 to vote, the clerk shall, upon the person signing a declaration that an application for enrolment was made before the closure of the rolls under clause 17(4) –

A voter, and a person assisting the voter under clause 32(8), other than the clerk, a scrutineer or a polling official, shall remain in the polling place only for the time necessary to vote.

(1) A voter at a polling place shall state his or her name to the clerk or polling official, who shall –

(b) if a line has not been drawn through the name, draw a line through the name or, where the clerk has provided for or prescribed another method of indicating that a ballot-paper has been issued, and that method has not been complied with, comply with that method; and

(2) The voter shall take the ballot-paper into an unoccupied polling booth and, subject to subclause (8), secretly vote by placing an "X" –

(a) where he or she is voting for members for the Timber Creek ward, in the boxes opposite the names of not more than 4 candidates of the voter's choice;

(b) where he or she is voting for members for the Ngaringman ward, in the boxes opposite the names of not more than 3 candidates of the voter's choice; or

(3) Where a voter spoils a ballot-paper or marks it in a way that was not intended, the voter may return it to the clerk or polling official who shall write "spoilt" across the front of it, initial the back of a new ballot-paper and give that ballot-paper to the voter.

(4) The clerk shall retain spoilt ballot-papers to be dealt with under clause 38.

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

(7) Subject to subclause (8), a voter shall enter a booth alone, and shall not mark a ballot-paper issued to another person.

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

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

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

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

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

(b) write the letters "PBP" against the name of the applicant on the electoral roll, or where the clerk has provided for or prescribed another method of indicting that a postal ballot-paper has been issued, comply with that method.

(4) An applicant who has received a postal ballot-paper shall vote in accordance with clause 32(2) (other than the requirement to enter a booth).

(5) After an applicant for a postal ballot-paper has voted, the ballot-paper is to be returned in the marked self-addressed envelope to the clerk.

(6) Where the clerk, on or before 6 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk shall place the envelope, unopened, in a ballot-box in use in the election and the envelope shall be opened and the vote counted in accordance with clause 34.

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

(8) The clerk shall retain envelopes marked "rejected" to be dealt with under clause 38.

(1) After 6 pm on election day and as soon as voting has finished, the clerk and polling officials shall, in the presence of a scrutineer or at least one other person who is eligible to vote but is not a candidate –

(a) open each ballot-box, count the number of ballot-papers (including postal ballot-papers) and prepare a written statement which sets out the number of ballot-papers in the box as compared with the number of names on the electoral rolls which have lines drawn through them or against which the letters "PBP" have been written; and

(b) after the statement has been prepared, count the votes received by each candidate.

(2) During the counting of votes the clerk shall, subject to subclause (3), set aside as an informal vote a ballot-paper, to be dealt with under clause 38, where the voter has failed to comply with clause 32(2) or 33(4).

(a) by reason only that the voter has marked it otherwise than in the manner required by clause 32(2) or 33(4) if, in the opinion of the clerk, the voter has shown clearly the candidate or candidates for which he or she intended to vote; or

(b) because the voter has voted for less than the required number of candidates.

(4) The clerk shall, immediately after counting the votes under this clause, sign a certificate stating –

(e) the number of postal ballot-papers issued by the clerk and the number of them included in the count; and

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

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

(1) The clerk shall, as soon as practicable after the votes for a ward have been counted, declare the result by a notice displayed in the same places in the ward as the election notice is or was displayed.

(a) list the names of the candidates for the ward arranged in the same order as they appeared on the ballot-paper for the ward and state the number of votes received by each candidate; and

(b) subject to subclause (3), declare the 4 candidates for Timber Creek ward, the 3 candidates for Ngaringman ward or the one candidate for Gilwi ward, as the case may be, with the most votes elected, as the member or members of the council for the ward.

(3) Where there is an equality of votes between 2 or more candidates, the clerk shall arrange for lots to be drawn to decide which of the candidates shall be declared elected, and the notice under subclause (1) shall state that the person or persons declared under this subclause was or were selected by lot.

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

After the counting of the votes has been completed, the clerk shall keep the ballot-papers in a sealed package unopened for 6 months and shall then destroy the unopened package.

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

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

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

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

(3) Where polling has been adjourned under subclause (1), clauses 33, 34 and 37 shall have effect as if a reference to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 42, where the office of a member is or becomes vacant for any reason, a by-election shall be held to fill the vacant office unless a general election is required to be held, under clause 18, not later than 6 months after the date the office became vacant.

(2) Where a by-election is to be held the provisions of this scheme, with the necessary changes, shall apply to the calling and conduct of the

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 the election.

(1) If all the members of the council cease to be members, or a quorum is not present at 2 consecutive meetings of the council at the place and within 1 hour after the time specified for each council meeting, the clerk shall be deemed to constitute the council for the purposes of –

(b) exercising a power of the council under this scheme until the declaration of the result of the election of a new council under this clause.

(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council the date determined shall be as soon as is practicable, and in any case, not later than 3 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 3 months referred to in that subclause expires during the month in which a general election of members would otherwise be held under clause 18, the clerk shall determine the date of the election to be a day of that month.

(4) The term of office of a council elected under this clause shall expire on the declaration of the result of the next general election held under clause 18.

(5) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk shall appoint a person whose name appears on the electoral roll as an assistant to the clerk.

All that parcel of land near Timber Creek in the Northern Territory of Australia containing an area of 2362 hectares more or less and bounded by lines described as follows: Commencing at the most westerly northwesterly corner of Northern Territory Portion 3122; thence due north by the western boundary of the Town of Timber Creek to intersect the centre line of the Victoria River; thence generally northeasterly, southeasterly and again northeasterly by the said centreline to intersect the northwesterly prolongation of a southwesterly boundary of Northern Territory Portion 3122; thence southeasterly by the said prolongation to intersect High Water Mark of the Victoria River; thence southeasterly, southerly, westerly and northwesterly by southwestern, western, northern and northeastern boundaries of Northern Territory Portion 3122 to the point of commencement, and shown on the plan below.

All that parcel of land near Timber Creek in the Northern Territory of Australia containing an area of 13670 hectares more or less being Northern Territory Portion 3122 and being more particularly delineated on Survey Plan S86/158A, lodged with the Surveyor General, Darwin, and shown on the plan below.

All that parcel of land near Timber Creek in the Northern Territory of Australia containing an area of 86.26 hectares more or less being Northern Territory Portion 3368 and being more particularly delineated on Survey Plan S87/220, lodged with the Surveyor General, Darwin, and shown on the plan below.

1. The Timber Creek Community Government Constitution, in force under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Scheme	Date of scheme	Date notified in the Gazette	Date of commencement
Original	5 Nov 1992	6 Nov 1992	6 Nov 1992
Replacement	13 Mar 1997	26 Mar 1997	26 Mar 1997
Act No. 1, 2004	–	–	17 Mar 2004 (b)
Act No. 12, 2004	–	–	15 Mar 2004 (a)
Amendment	13 Sept 2005	28 Sept 2005	28 Sept 2005

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

Northern Territory Repealed Regulations

TIMBER CREEK COMMUNITY GOVERNMENT CONSTITUTION