TAPATJATJAKA COMMUNITY GOVERNMENT SCHEME (Repealed)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.

The name of this scheme is the Tapatjatjaka Community Government Scheme. (See back note 1)

"candidate" means a person who has been nominated and accepted, under clause 18, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations;

"clerk", for the purposes of Part 4, except clauses 38 and 39, includes the Electoral Commission and a person appointed under clause 38 to conduct an election;

"election day" means a day fixed under clause 15 for the holding of an election;

"member" means a member of the council and includes its Chairman and Vice-Chairman and a person authorised under clause 8(1);

"polling place" means a place set aside under clause 22 for the purpose of an election;

The community government area to which this scheme applies is all those parcels of land near Maryvale in the Northern Territory of Australia containing an area of 1385 hectares more or less being, firstly, Northern Territory Portion 1475 outlined in bold on the plan in the Schedule and being more particularly delineated on survey plan S73/117 lodged with the Surveyor General, Darwin and, secondly, Northern Territory Portion 3830 outlined in bold on the plan in the Schedule and being more particularly delineated on survey plan S89/65 lodged with the Surveyor General, Darwin and, thirdly, the area of land designated Northern Territory Portion 4285(A), outlined in bold on the plan in the Schedule and bounded by lines described as follows:

Commencing at a point bearing due west 809.67 metres from the centre of Frances Well as identified on Survey Plan S73/117 lodged with the Surveyor-General, Darwin; thence by lines bearing due north 809.67 metres, due east 1609.34 metres, due south 1609.34 metres, due west 1609.34 metres and due north 809.67 metres to the point of commencement but excluding therefrom Northern Territory Portions 1229 and 1475 and Public Road 40 metres wide.

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

(1) The council shall consist of 9 members, who shall be declared or elected in the manner provided by this scheme.

(2) Subject to this scheme, the term of office of a member expires upon 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 an elector or if he or she ceases to be ordinarily resident in the community government area.

(1) The Council shall have a Chairman and a Vice-Chairman, 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) Subject to subclause (3), the Chairman and Vice-Chairman each hold office during the pleasure of the council.

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

(4) The Vice-Chairman shall act as Chairman during any vacancy in that office and shall also perform the functions, exercise the powers and discharge the duties of the Chairman when the Chairman is absent from the community government area or 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 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 in writing requesting a special meeting of the council and stating the reason for the request, 3 or more members or 6 or more electors may require the Chairman to call a special meeting of the council, and the Chairman shall call that meeting for a date not later than 7 days after the day on which the notice is received, and shall notify the members accordingly.

(5) Where, under subclause (3) or (4), a special meeting is to be held, the clerk shall cause written notice of the special meeting to be prominently displayed in a place which he or she 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.

(a) a purported authorisation relating to 2 or more consecutive meetings, in respect of the second and subsequent meetings; or

(b) a purported authorisation for the meeting next after a meeting already attended by an authorised person,

Meetings 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 Chairman or, in the Chairman's absence, by the Vice-Chairman or, in the absence of both the Chairman and Vice-Chairman, by a member chosen by the 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.

(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, cinemas, community halls, public toilets and ablution blocks, laundry facilities, swimming pools and museums;

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

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

(g) the promotion and provision of community welfare, health and care facilities for all age groups;

(m) 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;

(q) 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 and the selling of goods or equipment purchased by the council for or in connection with any enterprise and found to be in excess of the council's immediate needs;

(r) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(t) the establishment and maintenance of firefighting services, including the acquisition of property and equipment and training of personnel for the services, and the protection of the community government area from fire;

(u) the promotion and development of tourist attractions and facilities within the community government area and the production and selling of artifacts and souvenirs;

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

(y) the establishment, development, operation and maintenance of communication, television and radio broadcasting facilities for the community government area, and for this purpose the council may, for reward, act as agent for any provider of those facilities.

(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 or not that person uses any service provided.

(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 that group which are consistent with the council's functions.

A person is eligible to vote at a council election if that 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 roll under clause 14(4).

(1) The clerk shall maintain, 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 roll at the office of the council during the hours the office is open for business.

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

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

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

(2) The first election shall be held on a Tuesday, to be fixed by the Minister, within 3 months after the date on which the scheme takes effect, and subsequent elections shall be held on a day, to be fixed by the council, in the same month as the first election was held in each second year after the end of the year in which the first election was held.

(3) Where an election is held under clause 39, subsequent elections shall be held every second calendar year in the same month as the first election under subclause (2).

(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 reasonable ensure that all residents who are eligible to vote have notice of the election.

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

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 is eligible to vote under clause 13.

(2) A person who is enrolled under clause 14 may, by lodging a written nomination with the clerk, nominate for election to the council another person or persons eligible for nomination under subclause (1).

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

(4) The clerk may, at any time before the close of nominations, accept a recent photograph which, in the opinion of the clerk, is suitable for the purpose of display under subclause (7) and reproduction on ballot-papers under clause 20(3).

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

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

(7) As soon as practicable after nominations have closed, the clerk shall display a list of the names of the candidates and the photographs referred to in subclause (4), if any, in the same places as the election notice.

(1) Where, at the close of nominations under clause 18(6), not more than 9 persons have been nominated as candidates (disregarding any nomination that has lapsed) the clerk shall –

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

(b) not more than 10 days after the close of nominations, forward to the Minister a copy of the notice.

(2) Where at the close of nominations there are more than 9 persons as candidates, an election to decide among them shall be held on election day.

(3) If a candidate dies between the close of nominations and election day, and the effect of the death is to reduce the number of candidates to not more than 9 persons, subclause (1) shall apply as if the candidate had withdrawn before the close of nominations.

(1) Where an election is to be held under clause 19(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 lot, the order of names of candidates on a ballot-paper.

(3) Where the clerk has accepted a photograph under clause 18(4), the clerk shall arrange for it to be reproduced on the ballot-paper alongside the name of the candidate to whom it refers.

(1) Subject to subclause (2), the clerk may, by notice in writing, 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.

(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 29(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 put into the ballot-box.

The clerk or a polling official 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, 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 the polling place is open and remains open for voting between the hours of 10 am and 1 pm on the day of an election.

(1) Each candidate may, by notice in writing, 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 the 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 shall vote, and a person whose name does not appear on the electoral roll shall not be entitled to vote, at an election.

(2) Where the clerk is satisfied that a person whose name has not been entered on the roll is eligible under clause 13 to vote the clerk shall, upon the person signing a declaration that an application for enrolment was made before the closure of the roll under clause 14(4) –

A voter, and a person assisting the voter under clause 29(8), other than the clerk, a polling official or scrutineer, shall remain in the polling place only for the time necessary to vote.

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

(b) if a line has not been drawn through that 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 secretly vote by marking "X" in the boxes opposite the names of the 9 candidates of the voter's choice.

(3) Where the voter spoils a ballot-paper or marks it in a way that was not intended, the voter may return it to the clerk or 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 ballot-papers marked "spoilt" to be dealt with under clause 35.

(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 polling 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 official shall permit that person to accompany the voter into a polling booth, 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 the electoral roll the clerk shall –

(a) hand or send to the applicant a ballot-paper, initialled by the clerk, 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 indicating 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 29(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 1 pm on election day, receives an envelope apparently containing a postal ballot-paper the clerk 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 31.

(7) Where the clerk, after 1 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 35.

(1) After 1 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 the 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 roll in respect of which an indication has been given under clause 29(1)(b) or 30(3)(b) that a ballot-paper has been issued; 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 where the voter has failed to comply with clause 29(2) or 30(4).

(3) A ballot-paper shall not be set aside under subclause (2) by reason only that the voter has marked it otherwise than in the manner required by clause 29(2) or 30(4) if, or to the extent that, in the opinion of the clerk, the voter's intention is clearly shown, or that fewer than 9 candidates were voted for.

(4) The clerk shall, immediately after counting the votes, 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 reason for the request.

(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 is or was displayed.

(a) list the names of the candidates in the order in which they appeared on the ballot-paper and state the number of votes received by each; and

(b) subject to subclause (3), declare the 9 candidates with the most votes elected as the members of the council.

(3) To the extent that compliance with subclause (2)(b) is impossible by reason of an equality of votes between any 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 clerk's notice under subclause (1) shall record that the person or persons declared by virtue of 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 which, 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), clause 30(6) and (7), clause 31(1) and clause 34 shall have effect as if the reference to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 39, where the office of a member is or becomes vacant for any reason, a person who –

(a) was the highest polling unsuccessful candidate in the most recent election (including a by-election); and

a by-election for the vacant office shall be held in accordance with this clause unless a general election is required, under clause 15, to be held not later than 6 months after the date the office became vacant.

(3) Where a by-election is to be held the provisions of this scheme, with any necessary changes, shall apply to the conduct of that election.

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 is not present on 3 consecutive occasions at the place and within one hour after the time specified for a 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 6 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 6 months referred to in that subclause expires during the month in which a general election of members would otherwise be held under clause 15, 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 15.

(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.

1. The Tapatjatjaka 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 scheme	Date notified in the Gazette	Date of commencement
Original	27 Sept 1996	18 Oct 1996	18 Oct 1996
Amendment	25 July 2000	16 Aug 2000	16 Aug 2000
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.

Clause
2. Amended by Act No. 12, 2004
14. Amended by Act No. 12, 2004
21. Amended by Act No. 1, 2004

Northern Territory Repealed Regulations

TAPATJATJAKA COMMUNITY GOVERNMENT SCHEME