TIWI ISLANDS LOCAL GOVERNMENT CONSTITUTION (Repealed)

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

(b) continue our tradition of cultural distinctiveness and separateness living on our own land;

Pursuant to this vision, we seek to maintain observance and respect for those values and to join the responsibilities and structures of traditional authority with modern local government to achieve a high quality of life and a wide range of opportunities and choices.

Following extensive consultations, the people of the Tiwi Islands, in agreeing to this constitution, will establish a framework of regional governance to manage the internal affairs of the Tiwi Islands.

It is the intention of the Tiwi people to establish a regional governing body with the capacity to evolve over time to co-ordinate and administer service delivery, promote sustainable economic development, and negotiate arrangements responsive to the needs of the Tiwi people.

The framework provides the opportunity for more effective co-operation and partnerships between all spheres of government to improve outcomes for our people.

Through this constitution the Northern Territory Government establishes the framework for partnership arrangements with the people of the Tiwi Islands in the key areas of service delivery and economic development.

(e) assist in the whole of government approach to Aboriginal development to achieve –

This constitution recognises that the Tiwi people have powers, functions and responsibilities pursuant to traditional laws and practices. The constitution does not seek to abrogate or diminish in any way the provisions of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

The Tiwi Land Council has acknowledged the need to work co-operatively with the Tiwi local government and the Northern Territory Government in areas of land use and economic development. Final decisions in respect of the use of land within the Tiwi Islands will be made in accordance with the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

This constitution replaces the community government schemes referred to in Schedule 1.

"chief executive officer" means the clerk of the Tiwi local government, and for the purposes of Division 2 of Part 5, includes the Electoral Commission;

"community management board" means a board established under clause 24 in relation to a community management board area;

"member", in relation to the Tiwi local government, means a member of the Tiwi Islands Local Government and includes the President and Vice-President;

"President" means the person selected to be President of the Tiwi local government under clause 7;

"Tiwi Islands Local Government" means the community government council established under clause 5;

"Vice-President" means the person selected to be Vice-President of the Tiwi local government under clause 7.

The area to which this constitution applies is the area known as the Tiwi Islands, being the area of 7 984 square kilometres, more or less, shown on the map in Schedule 2.

(2) The name of the community government council is the Tiwi Islands Local Government.

(2) Eight of the members of the Tiwi local government under subclause (1) are to be persons appointed under section 7 of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth to be members of the Land Trust known as the Tiwi Aboriginal Land Trust.

(3) The other 9 members of the Tiwi local government under subclause (1) are to be selected in accordance with Part 5 as follows:

(1) The Tiwi local government must, at the government's first meeting after its election and whenever necessary select –

(2) If there is nobody selected to be the President and nobody selected to be the Vice-President, the President is to be selected first under subclause (1).

(3) A member is not to be selected as President or Vice-President if the President and Vice President would then –

(a) both be members who were selected under clause 28 to represent the same community management board area; or

(4) A person selected under this clause to be the President or the Vice-President continues to be the President or the Vice-President until –

(5) The President or Vice-President may resign as President or Vice-President at any time by giving written notice to the chief executive officer.

(1) The Vice-President is to act as President when no other person is selected to be President.

The Tiwi local government may establish a management committee and may appoint to it the members, officers or employees and other persons that it thinks fit, for the purpose of exercising a power or performing a function of the Tiwi local government.

The Tiwi local government, in the performance of its functions, is charged with the peace, order and good government of the area and has the control and management of that good government.

(a) establish, develop, operate and maintain communication, television and radio broadcasting facilities for the area;

(b) establish and maintain parks, gardens and recreational areas and carry out landscaping and other associated works;

(c) establish and maintain sports facilities, libraries, cinemas, community halls, public toilets, ablution blocks, laundry facilities, swimming pools and museums;

(d) provide services for the collection and disposal of garbage, provide and maintain particular places where garbage may be dumped and provide for the control of litter generally;

(e) provide and maintain sanitation, sewerage, drainage and water supply facilities and remove health hazards;

(h) provide and maintain housing for residents and their families on the terms and conditions that the Tiwi local government thinks fit;

(i) manage community employment programs and carry out as agent (whether or not for reward) activities relating to the providing of social security services or benefits;

(j) promote and provide community welfare, health and care facilities for people of all ages;

(m) control or prohibit animals, including the entry or exit of animals into the area and for that purpose seize animals and place them in a fenced or enclosed area;

(n) develop and maintain roads within the area, including by providing street lighting and traffic control devices;

(q) hire out, for reward, a vehicle, plant, appliance or equipment belonging to the Tiwi local government;

(r) repair and maintain, for reward, a vehicle, plant, appliance or equipment not owned by the Tiwi local government;

(s) sell goods or equipment purchased by the Tiwi local government for or in connection with an enterprise and then found not to be needed by the Tiwi local government;

(t) contract to provide works projects (including by providing services and maintaining capital works and undertakings) within or outside the area;

(v) establish and maintain a firefighting service, including by acquiring property and equipment and by training personnel for the service, and protect the area from fire;

(w) promote and develop tourist attractions and facilities within the area and produce and sell artefacts and souvenirs;

(3) The Tiwi local government may, for reward, act as agent for a provider of a facility referred to in subclause (2).

The Tiwi local government may, in accordance with section 182 of the Local Government Act, make by-laws.

(a) has the power to do all things necessary or convenient to be done for, in connection with or incidental to; and

(2) A Tiwi local government meeting can only be held at a place within the area.

(3) The date, time and place for a meeting of the Tiwi local government is to be as decided by a previous meeting of the Tiwi local government.

(4) If the Tiwi local government did not at a previous meeting decide a date time or place for a meeting of the Tiwi local government, the date, time or place of the meeting is to be –

(b) if the Minister thinks a meeting of the Tiwi local government ought to be called – as decided by the Minister or a person authorised by the Minister for that purpose.

(a) notice of a meeting of the Tiwi local government has been given to Tiwi local government members; and

(b) the President and Vice-President both think the meeting should be postponed or the place where the meeting is to be held should be changed,

(2) A meeting may only be postponed, or a meeting place changed, under subclause (1) if notice of the new date, time and place of the meeting is given to Tiwi local government members.

(3) Notice under subclause (2) may be given in person, by notice in writing or by telephone.

(1) The President may call a special meeting of the Tiwi local government by giving at least 2 days notice to the members that the meeting is being called and the date and time of the meeting.

(2) Five or more members of the Tiwi local government may, by giving the President written notice requesting a special meeting of the Tiwi local government and stating the reasons for the request, require the President to call a special meeting of the Tiwi local government.

(a) call the special meeting for a date and time not later than 7 days after the day on which the notice is received; and

(b) notify the members about the special meeting, the date and time on which it will be held and the reason why the meeting is being called.

(4) If a special meeting is to be held under subclause (1) or (3), the chief executive officer must cause written notice of the special meeting to be displayed at a place in each of the community management board areas where the chief executive officer thinks that residents of the community management board area are likely to see the notice.

(5) A notice under subclause (4) is to specify the date, time and place of the special meeting and the reason for it being called.

If a member is absent from 3 consecutive meetings of the Tiwi local government and the government did not, before each meeting took place, agree to the member being absent, the chief executive officer must declare that the person is no longer a member and that the office of the member is vacant.

Meetings of the Tiwi local government are to be open to all persons, including persons who are not members or officers or employees of the Tiwi local government, unless the government determines that a meeting, or part of a meeting, is to be closed.

(1) The Tiwi local government must select a person to be the Chairperson at a meeting of the Tiwi local government.

(2) A person must not be selected under subclause (1) unless he or she is eligible to vote at an election for members of a community management board.

(3) A person must not be selected under subclause (1) if he or she is a member of the Tiwi local government.

(a) the Tiwi local government selects another person to be Chairperson under subclause (1); or

(5) The Chairperson may resign as Chairperson at any time by giving notice to the chief executive officer.

(1) Meetings of the Tiwi local government are to be presided over by the Chairperson.

(2) The Tiwi local government may make decisions (called "standing orders") about the procedures that are to usually apply at a meeting of the Tiwi local government.

(3) Standing orders apply to meetings of the Tiwi local government unless the Tiwi local government decides that another procedure is to apply to the meeting or a part of the meeting.

(4) The Tiwi local government must keep a record of its proceedings and its decisions (called "the minutes of the Tiwi local government").

(1) The Tiwi local government may ask Tiwi local government members at a meeting to vote on a proposal.

(2) If more than half of all the number of votes of members of the Tiwi local government then in office (not just half the number of votes of members at the meeting) are –

(a) for the proposal – the proposal is to be taken to be agreed to by the Tiwi local government; or

(b) against the proposal – the proposal is to be taken to not be agreed to by the Tiwi local government.

(3) If as many members of the Tiwi local government then in office (not just half the number of votes of members at the meeting) vote for a proposal as vote against the proposal, the proposal is to be taken not to have been agreed to by the Tiwi local government.

For the purposes of this constitution, the community management board areas are the following areas specified in Schedule 3:

(a) the Nguiu community management board is established for the Nguiu community management board area;

(b) the Milikapiti community management board is established for the Milikapiti community management board area;

(d) the Wurankuwu community management board is established for the Wurankuwu community management board area.

(a) to select members of the Tiwi local government to represent the community management board area; and

(b) to carry out the functions of the Tiwi local government that the Tiwi local government delegates to the members of the Board.

(1) A community management board is to have the number of members and office-holders that is specified in relation to the board in Schedule 4.

(2) A member of a community management board is, subject to this constitution, to be elected or appointed in accordance with the procedure specified in relation to the board in Schedule 4.

(1) An election for a community management board is to be held after July and before September in the third year after the last election for the board.

(2) The chief executive officer of the Tiwi local government is to fix the date for an election.

(1) A community management board must select the members of the community management board who are to be members of the Tiwi local government under clause 6(3).

(2) The community management board must select a member under subclause (1) as soon as practicable after an election is held under clause 26(2) for a community management board.

(3) The community management board may select, or revoke the selection of, a member of the board as a member of the Tiwi local government under clause 6(3) at any time.

(a) within one month after the selection of the previous member is revoked under subclause (3); or

(b) if the member previously selected ceased to hold office as a member of the Tiwi local government or as a member of a community management board – as soon as practicable after another person is elected or appointed to the office.

(5) A selection under subclause (1) is to be in writing and given to the chief executive officer within 7 days after the selection is made.

(6) The chief executive officer must, as soon as practicable, notify the Tiwi local government about a notice of selection received under subclause (5).

(7) If the number of members of a community management board selected under subclause (1) is less than the number of members of the Tiwi local government who are to be selected to represent the board under clause 6(3), the Tiwi local government may as if it were the community management board, select under subclause (1), from amongst residents in the community management board area, as many members as are necessary to represent the community management board under that clause.

A member of the community management board may only be selected under clause 28(1) if he or she has been ordinarily resident in the community management board area for at least 5 years immediately before he or she was selected.

(1) As soon as practicable after the chief executive officer receives notice of the selection of a person under clause 28(5), the chief executive officer must display a notice stating the name of the person.

(2) A notice under subclause (1) is to be displayed in a place where the chief executive officer thinks that people in the community management board area are likely to see the notice.

(3) As soon as practicable after receiving notice of the selection of a person under clause 28(5), the chief executive officer must notify the Minister.

(1) The Tiwi local government may determine the procedures to be followed by a community management board.

(2) A community management board may determine its own procedures, to the extent that they are not inconsistent with procedures determined by the Tiwi local government to be followed by a community management board.

(b) for the Milikapiti, Wurankuwu and Pirlangimpi community management boards – the majority of members of the board then in office.

Within 3 months after the commencement of this constitution, there is to be an election of members of each community management board.

The persons who were, immediately before the commencement of this constitution, members of the body known as the Interim Tiwi Assembly, are to constitute the Tiwi local government on and from the commencement until the selection of members of the Tiwi local government under clause 28.

All those parcels of land at Melville Island in the Northern Territory of Australia containing an area of 4368 square kilometres more or less being those parts of Northern Territory Portion 1644 bounded by lines described as follows:

Commencing at the centre of the mouth of Kilu-impini Creek at Low Water; thence generally southeasterly, northeasterly, again southeasterly and southwesterly by the Low Water Marks of Timor Sea, Dundas Strait and Van Diemen Gulf to a point near Ant Cliff situated at map grid co-ordinates 737 400 metres East, 8 695 000 metres North; thence generally northwesterly through map grid co-ordinates 723 150 metres East, 8 697 400 metres North to map grid

co-ordinates 705 700 metres East, 8 699 550 metres North; thence northwesterly to a point on the centreline of the Pickertaramoor to Three Ways road situated at map grid co-ordinates 704 250 metres East, 8 703 000 metres north; thence generally northwesterly by the said centreline to the centreline of the Paru to Milikapiti road; thence generally southerly by the said centreline to the centreline of the road to Pirlangimpi; thence generally westerly by the said centreline to map grid co-ordinates 680 250 metres East, 8 711 250 metres North; thence generally northerly by a line of lowest natural drainage towards Mirikau-yunga Creek to map grid co-ordinates 681 300 metres East, 8 718 500 metres North; thence northwesterly to a point on the centreline of Maxwell Creek at map grid

co-ordinates 674 550 metres East, 8 724 100 metres North; thence generally northwesterly by the said centreline to map grid co-ordinates 673 150 metres East, 8 727 000 metres North; thence northwesterly to a point on the centreline of Kilu-impini Creek at map grid co-ordinates 665 300 metres East, 8 738 400 metres North; thence generally northerly by the said centreline to the point of commencement and including there-in Karslake and Nodlaw Islands to Low Water Mark, all co-ordinates being GDA94 Zone 52, the boundaries described here-in being more particularly depicted on Compiled Plan 4932 held in the office of the Surveyor General, Darwin.

All those parcels of land near Bathurst Island in the Northern Territory of Australia containing an area of 787 square kilometres more or less being those parts of Northern Territory Portions 1640, 1644 and sea bounded by lines described as follows:

Commencing at the centre of the mouth of Port Hurd at Low Water; thence generally southeasterly by the centrelines of Port Hurd, Mananampi Creek and a tributary to that Creek to map grid co-ordinates 642 350 metres East, 8 705 100 metres North; thence generally southeasterly through map grid co-ordinates 647 650 metres East, 8 701 900 metres North and 649 550 metres East, 8 702 200 metres North to a point on the centreline of Euro Creek at map grid co-ordinates 655 950 metres East, 8 700 250 metres North; thence generally northeasterly by the said centreline to the centre of its mouth at Low Water; thence northwest to the centre of Apsley Strait; thence generally southeasterly by the centreline of Apsley Strait to the centre of its mouth at Low Water; thence southwest to Low Water Mark at the said mouth; thence generally southwesterly, westerly, northerly and northeasterly by Low Water Marks of Shoal Bay, Medina Inlet, Beagle Gulf and Timor Sea to a point at the mouth of Port Hurd southerly of the point of commencement; thence northerly to the point of commencement, including there-in Buchanan Island to Low Water Mark, all co-ordinates being GDA94 Zone 52, the boundaries described here-in being more particularly depicted on Compiled Plan 4932 held in the office of the Surveyor General, Darwin.

All that parcel of land on Melville Island in the Northern Territory of Australia containing an area of 1762 square kilometres more or less being those parts of Northern Territory Portion 1644 and sea bounded by lines described as follows:

Commencing at the centre of the mouth of Kilu-impini Creek at Low Water; thence generally southerly by the centreline of the said Creek to map grid

co-ordinates 665 300 metres East, 8 738 400 metres North; thence southeasterly to a point on the centreline of Maxwell Creek at map grid co-ordinates

673 150 metres East, 8 727 000 metres North; thence generally southeasterly by the centreline of the said Creek to map grid co-ordinates 674 550 metres East, 8 724 100 metres North; thence southeasterly to a point on a line of lowest natural drainage towards Mirikau-yunga Creek at map grid co-ordinates 681 300 metres East, 8 718 500 metres North; thence generally southerly by the said line to a point on the centreline of the road to Pirlangimpi at map grid co-ordinates 680 250 metres East, 8 711 250 metres North; thence generally easterly by the said centreline to the centreline of the Paru to Milikapiti road; thence generally northerly by the said centreline to the centreline of the Pickertaramoor road; thence generally southeasterly by said centreline to map grid co-ordinates 704 250 metres East, 8 703 000 North; thence generally southeasterly through map grid co-ordinates 723 150 metres East, 8 697 400 metres North to a point on Low Water Mark of Van Diemen Gulf near Ant Ciff at map grid co-ordinates 737 400 metres East, 8 695 000 metres North; thence generally southwesterly and northwesterly by the Low Water Marks of Van Diemen Gulf, Clarence Strait and Beagle Gulf to a point northwest of the centre of the mouth of Apsley Strait at Low Water; thence southwest to the said centre; thence generally northwesterly by the centreline of Apsley Strait to the centre of its mouth at Low Water, easterly of Brace Point; thence easterly to Low Water Mark at the said mouth; thence generally northwesterly and southeasterly by Low Water Mark of Timor Sea to the point of commencement, all co-ordinates being GDA94 Zone 52, the boundaries described here-in being more particularly depicted on Compiled Plan 4932 held in the office of the Surveyor General, Darwin.

All those parcels of land at Bathurst Island in the Northern Territory of Australia containing an area of 1067 square kilometres more or less being those parts of Northern Territory Portions 1640, 1644, 3042 and sea bounded by lines described as follows:

Commencing at the centre of the mouth of Port Hurd at Low Water; thence northerly to Low Water Mark at the said mouth; thence generally northerly and northwesterly by Low Water Mark of Timor Sea to Brace Point, situated westerly of centre of the mouth of the northern extremity of Apsley Strait at Low Water; thence easterly to the said centre; thence generally southeasterly by the centreline of Apsley Strait to a point northeast of the centre of the mouth of Euro Creek at Low Water; thence southwest to the said mouth and generally southwesterly by the centreline of Euro Creek to map grid co-ordinates 655 950 metres East,

co-ordinates 649 550 metres East, 8 702 200 metres North and 647 650 metres East, 8 701 900 metres North to a point on the centreline of a tributary of Munanampi Creek at map grid co-ordinates 642 350 metres East, 8 705 100 metres North; thence generally northwesterly by the centrelines of the said tributary, Munanampi Creek and Port Hurd to the point of commencement and including there-in Harris and Clift Islands to Low Water Mark, all co-ordinates being GDA94 Zone 52, the boundaries described here-in being more particularly depicted on Compiled Plan 4932 held in the office of the Surveyor General, Darwin.

"candidate" means a person who has been nominated and accepted under clause 8 as a candidate for election to the community management board and who has not withdrawn his or her consent to the nomination before the close of nominations;

"chief executive officer", except for the purposes of clauses 30 and 31, includes the Electoral Commission and a person appointed to conduct an election under clause 30;

"community management board area" means the Milikapiti community management board area specified in Schedule 3;

"election day" means a day fixed under clause 27(2) of this constitution for the holding of an election;

"member" means a member of the community management board and includes the President and the Vice-President;

"ordinary member" means a person, other than the President or Vice-President, declared, elected or appointed to the community management board;

"polling place" means a place set aside under clause 13 for the purpose of an election;

"voter" means a person intending and eligible under clause 4 to vote at an election for the board.

(b) the Vice-President is to be declared or elected in accordance with clause 10.

(b) perform the President's functions, exercise the powers and discharge the duties of the President when the President –

(i) is away from the community management board area or any meeting of the community management board; or

A person is eligible to vote at a community management board election if that person –

(a) is enrolled or is eligible to be enrolled as an elector within the meaning of the Electoral Act; and

(b) has ordinarily resided in the community management board area for not less than 6 months immediately before the closure of the roll under clause 5(4).

(1) The chief executive officer must maintain, by the means 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 of the community management board.

(2) A resident of the community management board area may inspect the electoral roll at the office of the community management board when it is open.

(3) A person who is otherwise eligible but is not enrolled may apply for enrolment in the manner that the chief executive officer approves.

(4) The chief executive officer must close the electoral roll at 12 noon on the day 21 days before election day.

(5) Except as provided by clause 18(2) or to correct an oversight in the making up of the roll, the chief executive officer must not add any name to the roll in the period between its closure and the conclusion of the election.

(1) The chief executive officer must give not less than 4 weeks notice before election day that an election is to be held.

(2) An election notice is to be prominently displayed at the places that the chief executive officer thinks that residents who are eligible to vote are likely to see the notice.

(b) the persons who may nominate another person, and who may be nominated, as a candidate;

and is to 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 President, Vice-President or an ordinary member of the community management board if he or she –

(b) has ordinarily resided in the community management board area for a period or periods totalling at least 5 years before nomination.

(2) A person who is enrolled under clause 5 may, by lodging a written nomination with the chief executive officer, nominate another enrolled person for election for all or any of the offices of President, Vice-President or ordinary member if that person is eligible for nomination.

(3) The chief executive officer must not accept a nomination unless satisfied that –

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

(c) it identifies whether the person is being nominated as a candidate for President, Vice-President or an ordinary member of the community management board.

(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 close at 12 noon on the day 14 days before election day.

(6) As soon as practicable after nominations have closed, the chief executive officer must display in the same places as the election notice a list showing the names of the candidates for President, the names of the candidates for Vice-President and the names of the candidates for ordinary members.

(1) If, at the close of nominations under clause 8(5), only one person has been nominated as a candidate for President of the community management board –

(a) the chief executive officer must, by notice displayed in the same places as the election notice, declare that person to be President; and

(b) by virtue of that declaration, a nomination of that person for election as Vice-President or for election as an ordinary member lapses for all purposes.

(2) If, at the close of nominations, there are 2 or more candidates for President, an election to decide between them is to be held on election day.

(3) If a candidate for President dies between the close of nominations and election day and the effect of the death is to reduce the number of candidates to one, subclause (1)(a) applies as if the candidate had died before the close of nominations.

(1) If, at the close of nominations under clause 8(5), only one person has been nominated as a candidate for Vice-President of the community management board (disregarding any nomination that has lapsed) –

(a) the chief executive officer must, by notice displayed in the same places as the election notice, declare that person to be Vice-President; and

(b) by virtue of that declaration, any nomination of that person for election as an ordinary member lapses for all purposes.

(2) If, at the close of nominations, there are 2 or more candidates for Vice-President, an election to decide between them is to be held on election day.

(3) If a candidate for Vice-President dies between the close of nominations and election day, and the effect of the death is to reduce the number of candidates to one, subclause (1)(a) applies as if the candidate had died before the close of nominations.

(1) If, at the close of nominations under clause 8(5), no more than 9 persons have been nominated for election as ordinary members of the community management board (disregarding any nomination that has lapsed) then –

(a) if they have all been nominated only for election as ordinary members – the chief executive officer must declare those persons to be members of the community management board; and

(b) if one or more of them has also nominated for election as President or for election as Vice-President – the chief executive officer must, after the holding of the elections for those offices under clauses 9 and 10, declare all persons nominated, other than the person or persons who have been elected President or Vice-President, to be ordinary members of the community management board.

(2) If, at the close of nominations under clause 8(5), the number of candidates for election as ordinary members (disregarding any nomination that has lapsed) exceeds 9, an election to decide 9 ordinary members is, subject to subclause (3), to be held on election day.

(3) Subclause (2) does not require the holding of an election to decide ordinary members if –

(a) the candidates include persons who have also been nominated for election as President or Vice-President; and

(b) the number of them remaining as candidates for ordinary membership will not exceed 9 after holding the election for the office of President under clause 9 or Vice-President under clause 10,

but instead, after holding those elections, the chief executive officer must declare those remaining as candidates for ordinary membership to be ordinary members on and from election day.

(4) A declaration by the chief executive officer under this clause is to be made by notice that is to be displayed in the same places as the election notice.

(5) 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 the number of members required (disregarding any nomination that has lapsed), subclause (1)(a) applies as if the candidate had died before the close of nominations.

(6) If the President, the Vice-President and the ordinary members of the community management board are all declared under clause 9 or 10 and subclause (1) and (3) respectively, the chief executive officer must –

(a) in addition to displaying the notice required under subclause (4), display in the same places as that notice a notice informing electors that no elections will be held on the day specified in the election notice; and

(b) within 10 days, send a copy of all notices issued under this clause to the Minister.

(1) If an election is to be held under clause 9(2), 10(2) or 11(2), the chief executive officer must cause ballot-papers to be printed in sufficient numbers for the purposes of the election and, where more than one election is to be held, have different coloured ballot papers in respect of each election.

(2) The chief executive officer must determine by lot the order of names of candidates on the ballot-paper.

(1) The chief executive officer must set aside a polling place for the purpose of an election.

(2) The polling place must have separate polling booths constructed so as to screen a voter from observation (other than by a polling official or a person authorised under clause 21(8)) while marking a ballot-paper.

The chief executive officer must provide within a polling place a ballot-box that is securely fastened and has a slit in the upper side through which ballot-papers may be put into the ballot-box.

(1) Subject to subclause (2), the chief executive officer may, by notice in writing, appoint polling officials to assist in conducting an election.

(2) The chief executive officer must not appoint a member of the community management board, a candidate, or a spouse or de facto partner of a member or candidate, to be a polling official.

(3) The chief executive officer and polling officials must conduct voting at the polling place.

(1) Each candidate may, by notice in writing, appoint a person to be scrutineer for the candidate for the purposes of the election.

(2) The scrutineer for each candidate is entitled to remain in the polling place with the chief executive officer or polling officials to observe the conduct of the voting and is also entitled to observe the counting of votes wherever carried out.

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

The chief executive officer must ensure that each polling place is open and remains open for voting between the hours of 8.00 a.m. and 6.00 p.m. on the day of an election.

(1) Subject to subclause (2), a person whose name appears on the electoral roll must vote and a person whose name does not appear on the roll is not entitled to vote at an election.

(2) If the chief executive officer is satisfied that a person whose name has not been entered on the roll is eligible under clause 4 to vote, the chief executive officer must, after the person signs a declaration that an application for enrolment was made before the closure of the roll under clause 5(4) –

The chief executive officer or polling official must, 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 fasten its cover, and ensure that it remains securely fastened during the hours of polling.

A voter, and any person assisting the voter under clause 21(8), other than the chief executive officer, a polling official or scrutineer, must remain in the polling place only for the time necessary to vote.

(1) A voter must state his or her name to the chief executive officer or polling official who must –

(b) if a line has not been drawn through that name, draw a line through it, initial the back of the appropriate ballot-paper or ballot-papers and hand them to the voter.

(2) The voter must take the ballot-paper or ballot-papers into an unoccupied polling booth and secretly vote by placing –

(a) on the ballot-paper for the election of the President – an "X" in the box opposite the name of the candidate of the voter's choice;

(b) on the ballot-paper for the election of the Vice-President – an "X" in the box opposite the name of the candidate of the voter's choice; and

(c) on the ballot-paper for the election of ordinary members – an "X" in the boxes opposite the names of 9 candidates of the voter's choice.

(3) If the voter spoils a ballot-paper or marks it in a way that was not intended the voter may return it to the chief executive officer or polling official who must –

(4) The chief executive officer must retain spoilt ballot-papers to be dealt with under clause 27.

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

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

(8) If the chief executive officer or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance –

(b) the chief executive officer or official must permit that person to accompany the voter into a booth, mark a 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

may apply in person or in writing to the chief executive officer for a postal ballot-paper.

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

(3) If before election day the chief executive officer receives an application for a postal ballot-paper and the name of the applicant is on the electoral roll, the chief executive officer must –

(a) hand or send to the applicant a ballot-paper, initialled by the chief executive officer, together with a self-addressed envelope marked with the words "Ballot-paper"; and

(b) write letters "PBP" against the name of the applicant on the electoral roll.

(4) An applicant who has received a postal ballot-paper must vote in accordance with clause 21 (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 chief executive officer.

(6) If the chief executive officer, on or before 6.00 p.m. on election day, receives an envelope apparently containing a postal ballot-paper the chief executive officer must, during the hours of polling, place that envelope, unopened, in the ballot-box and the envelope must be opened and the vote counted in accordance with clause 23.

(7) If the chief executive officer, after 6.00 p.m. on election day, receives an envelope apparently containing a postal ballot-paper, the chief executive officer must mark the envelope "rejected" and the votes on that ballot-paper is not to be counted.

(1) After 6.00 p.m. on election day and as soon as voting has finished, the chief executive officer and polling officials must, 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-boxes, count the number of ballot-papers (including postal ballot-papers) and, after having regard to whether 1, 2 or 3 ballot-papers were issued to voters, prepare a written statement that sets out the number of ballot-papers in the boxes as compared with the number of names on the electoral roll 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 in accordance with this clause.

(2) During the counting of votes the chief executive officer must, subject to subclause (3), set aside as an informal vote a ballot-paper if the voter has failed to comply with clause 21(2) or 22(4).

(3) A ballot-paper is not to be set aside under subclause (2) by reason only that the voter has marked it otherwise than in the manner required by clause 21(2) or 22(4) if or to the extent that, in the opinion of the chief executive officer, the voter's intention is clearly shown.

(b) votes to decide the Vice-President are to be counted after the President has been decided; and

(c) votes to decide the ordinary members of the community management board are be counted after the President and the Vice-President have been decided.

(5) If the person elected President was also a candidate for election as Vice-President or for election as an ordinary member, the candidacy for Vice-President is to be disregarded for the purposes of the count for Vice-President or the count for ordinary members.

(6) If the person elected Vice-President was also a candidate for election as an ordinary member, the candidacy for election as an ordinary member is to be disregarded for the purposes of the count for ordinary members.

(7) The chief executive officer must, immediately after counting the votes, sign a certificate stating –

(d) the total number of votes received by each candidate for election as President, Vice-President or ordinary member;

(e) the number of postal votes issued by the chief executive officer and the number of them included in the count; and

(1) The chief executive officer must, as soon as practicable after the votes have been counted, declare the result of the election by a notice displayed in the same places as the election notice.

(a) a list of the candidates in the order in which they appeared on the ballot-papers for the election of President, Vice-President and ordinary members stating the number of votes received by each; and

(ii) the candidate for Vice-President with the most votes elected as Vice-President; and

(iii) the 9 candidates with the most votes elected as ordinary members of the community management board.

(3) If 2 or more candidates for President each receive the highest number of votes –

(a) the chief executive officer must arrange for lots to be drawn to decide which of them are to be declared elected; and

(b) the notice under subclause (1) is to state that the successful candidate was selected by lot.

(4) If 2 or more candidates for Vice-President each receive the highest number of votes –

(a) the chief executive officer must arrange for lots to be drawn to decide which of them is to be declared elected; and

(b) the notice under subclause (1) is to state that the successful candidate was selected by lot.

(5) If, by reason of an equality of votes between 2 or more candidates for ordinary membership of the community management board, the notice under subclause (1) does not comply with subclause (2)(b) by declaring 9 candidates with the most votes elected, the notice is to instead declare as elected –

(a) any candidate or candidates who receive more votes than the candidates having the equality of votes; and

(b) the number of the latter, selected by the chief executive officer by lot, that is required to enable 9 ordinary members of the community management board to be declared in all,

and the notice is to state that the members declared by virtue of paragraph (b) were selected by the chief executive officer by lot from the candidates having the equality of votes.

Not more than 10 days after an election day, the chief executive officer must forward to the Minister –

(b) a copy of the notice given by the chief executive officer under clause 24(1); and

(1) The chief executive officer may, if the chief executive officer 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) is to contain a statement of the reasons for the request.

After the counting of the votes has been completed, the chief executive officer must keep the ballot-papers in a sealed package unopened for 6 months and must then destroy that unopened package.

(1) The chief executive officer may at any time postpone voting in an election for members of the community management board.

(2) The chief executive officer may only postpone voting in an election if he or she thinks that something that is happening before the day on which voting is to take place, or that is going to happen on the day on which people were going to vote, could for a short time prevent or discourage many voters from voting on the day.

(3) The chief executive officer may postpone voting in an election from day to day, but may not postpone the election for more than 21 days.

(4) The chief executive officer must ensure that notices about the postponement of voting in an election are displayed as soon as practicable after the chief executive officer decides voting is to be postponed.

(5) The notices are to be displayed in a place where the chief executive officer thinks that residents in the community management board area are likely to see the notice.

(6) If the chief executive officer postpones voting in an election, the people who are on the day of postponement members of the community management board to which the election relates remain members until the vote is held.

(7) If polling has been postponed under this clause, clauses 22 and 23 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 31, if the office of an ordinary member is or becomes vacant for any reason, a by-election is to be held to fill the vacancy unless the vacancy occurs more than 30 months after the preceding general election of community management board members.

(2) Subject to clause 31, if the office of President or Vice-President becomes vacant for any reason, a person who –

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

is, subject to subclause (3), President or Vice-President of the community management board.

a by-election is to be held to fill the vacancy unless the vacancy occurs more than 30 months after the preceding general election for that position.

(4) The procedure for the calling and conduct of a by-election is to conform, as far as is practicable, with the provisions of this Part and the constitution relating to the calling and conduct of an election.

(b) the chief executive officer is also a member of the existing community management board,

the Minister may appoint another person to perform the functions of the chief executive officer in relation to the election.

(b) the quorum is not present at 3 consecutive meetings at the place and within one hour after the time specified for each board meeting.

(2) If this clause applies, the chief executive officer is to be taken to be the community management board for the purposes of –

(a) determining the date of an election of a new community management board; and

(b) exercising a power of the community management board under this constitution until the declaration of the results of the election of the new community management board under this clause.

(3) Subject to this constitution, the date determined by the chief executive officer under subclause (1)(a) for an election of a new community management board is to be –

(i) not later than 3 months after the event referred to in clause (1)(a) or (b) happened; or

(ii) if the 3 months ends during the same month in which an election of all members of the community management board would otherwise be held – the day of that month determined by the chief executive officer.

(4) The term of office of a community management board member elected under this clause ends on the declaration of the result of the next election held for all members of the community management board.

(5) For the purposes of exercising a power of the community management board referred to in subclause (2)(b), the chief executive officer may select a person whose name appears on the electoral roll as an assistant to the chief executive officer.

"chief executive officer", except for the purposes of clause 24, includes the Electoral Commission;

"community management board area" means the Nguiu community management board area specified in Schedule 3;

"voter" means a person intending and entitled under clause 5 to vote at an election.

The board is to consist of 16 members, comprising 4 members from each of the following skin groups:

(1) One of the 16 members of the board is to be President of the community management board and one Vice-President.

(b) subject to any contrary intention in this constitution, must also perform the functions, exercise the powers, and discharge the duties of the President when the President is absent from the community management board area or any meeting of the community management board.

(a) may each resign office at any time (without ceasing to be a member of the community management board) by giving notice in writing to the chief executive officer; and

(b) may vacate the office if he or she ceases to be a member of the community management board.

(1) A person is not eligible for election as a member of the community management board unless he or she –

(b) has resided in the community management board area continuously for a period of not less than 5 years immediately before the election or is a non-resident traditional owner of the community management board area.

(2) The office of a member becomes vacant if he or she ceases to be enrolled as a voter under clause 6, or if, not being a traditional owner of the area, ceases to live ordinarily in the community management board area.

(c) is enrolled as an elector within the meaning of the Electoral Act, and has ordinarily resided in the community management board area for not less than 12 months immediately before the closure of the roll under clause 6(3); or

(1) The chief executive officer must maintain a roll of the full names and addresses of persons who are eligible to vote at elections.

(3) The chief executive officer must close the roll at 12 noon on the Tuesday 21 days before the day fixed under clause 27(2) of the constitution for the election of members.

(4) Except as provided by clause 13(2), the chief executive officer must not add any names to the roll in the period between its closure and the conclusion of the elections.

(5) A resident of the community management board area may inspect the roll at the offices of the community management board during the time that the offices are open.

(1) The chief executive officer must, not less than 28 days before the day fixed under clause 0(2) of the constitution for the election of members, publish an election notice in accordance with this clause.

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

(3) An election notice is to be published by displaying it prominently at the places in the community management board area that the chief executive officer considers likely to reasonably ensure that all residents of the community management board area who are eligible to vote have notice of the elections.

(1) The chief executive officer must cause ballot-papers to be printed in sufficient numbers for the purposes of community management board elections.

(2) For the purposes of an election of members, the chief executive officer must cause the ballot-papers to be printed in 4 different colours, one for each of the skin groups.

(b) instruct the voter to vote by writing in the spaces provided the names of 4 people belonging to that group who are eligible for election to the community management board under clause 7 and by whom the voter wishes to be represented.

(a) instruct voters to state in a space provided which one of the newly elected community management board members they wish to elect to that office; and

(ii) that they do not have to vote for a person belonging to their own skin group.

(1) The chief executive officer must set aside a place as the polling place for elections.

(2) The chief executive officer must ensure that there is inside the polling place one or more booths separated from, but opening into, the polling place and having no other opening.

The chief executive officer must provide within the polling place a ballot-box or ballot-boxes that is securely fastened and has a slit in the upper side by which ballot-papers may be put into it or them.

(1) Subject to subclause (2), the chief executive officer may, by notice in writing, appoint the persons who he or she thinks fit as polling officials to assist the chief executive officer in conducting elections.

(2) The chief executive officer must not appoint as a polling official a member of the community management board or a spouse or de facto partner of a member of the community management board.

(3) The chief executive officer and polling officials must conduct voting at the polling place.

The chief executive officer must ensure that the polling place is open and remains open for voting between the hours of 8.00 a.m. and 1.00 p.m. on election days.

(1) Subject to subclause (2), a person whose name appears on the electoral roll must vote and a person whose name does not appear is not entitled to vote at an election.

(2) If the chief executive officer is satisfied that a person is eligible under clause 5 to vote but his or her name has not been entered on the roll, the chief executive officer must, after the person signs a declaration that the person made a claim for enrolment before the closure of the roll under clause 6(3) –

(a) alter the roll by entering the person's name in the appropriate section of the roll;

(1) The chief executive officer must, immediately before the polling place is opened for voting and in the presence of a person who is eligible to vote (but, in the case of an election of President, is not a member of the community management board) –

(2) The chief executive officer must ensure that each ballot-box remains securely fastened during the hours that the polling place is open for voting.

A voter, other than the chief executive officer or a polling official, must remain in the polling place only for so long as is necessary for him or her to vote.

(1) A voter must state his or her name to the chief executive officer or polling official, who must check that the name appears on the electoral roll.

(2) If a voter's name is on the electoral roll and a line has not been drawn through it, the chief executive officer or official must draw a line through the voter's name and hand him or her, as appropriate, a ballot-paper for the election of members belonging to his or her skin group, or a ballot-paper for the election of President.

(3) Immediately before the chief executive officer or official hands a voter a ballot-paper, the chief executive officer or official must initial the back of that ballot-paper.

(4) After the chief executive officer or official hands a ballot-paper to a voter, the voter must go into an unoccupied booth and vote in accordance with the instructions included on the paper in pursuance of clause 8(3) or 8(4).

(5) If the voter spoils a ballot-paper or marks it in a way that the voter did not intend, the voter may return it to the chief executive officer or official who may write "spoilt" across the front of it and give the voter (after initialling it on the back) a new ballot-paper.

(6) The chief executive officer must, in accordance with clause 21, retain each spoilt ballot-paper until after the election.

(7) When the voter has completed the voter's ballot-paper, the voter must fold it to conceal its contents and place it in the appropriate ballot-box.

(10) Subject to subclause (11), no person, other than a voter who has been issued with a ballot-paper, may vote on the ballot-paper.

(11) If the chief executive officer or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance –

(b) the chief executive officer or official must permit that person to accompany the voter into a booth, mark the ballot-paper and deposit it in the ballot-box for the voter.

(1) After 1.00 p.m. on election day and as soon as voting has finished, the chief executive officer and polling officials must, in the presence of one person at least who was eligible to vote –

(d) prepare a statement which reconciles the number of ballot-papers issued and counted.

(2) After a statement under subclause (1) has been prepared, the chief executive officer and officials must, in the presence of one person at least who was eligible to vote, count the votes received by each of the persons for whom votes were cast.

(3) During the counting of votes, the chief executive officer must set aside as an informal vote –

(a) if the election is for a member – any ballot-paper if the voter has voted for more than 4 persons belonging to his or her skin group who are eligible for election under clause 4; and

(b) if the election is for President – any ballot-paper if the voter has voted for more than one person who, as a member of the community management board, is eligible for election to that office.

(a) is not to be set aside as informal for any reason other than a reason specified in subclause (3); and

(ii) if the election is for a member – the voter has voted for persons who are not of the voter's skin group or has failed to make the voter's intentions clear.

(5) The chief executive officer must, immediately after counting the votes, sign a certificate stating –

(a) the names of the polling officials who assisted the chief executive officer in the count;

(1) The chief executive officer must, immediately after the votes have been counted at an election, prepare a notice declaring the results of the election.

(2) A notice under subclause (1) relating to the election of members of each skin group is to –

(4) A notice under subclause (1) relating to an election of President is to also declare the person who obtained the second highest number of votes, or is treated by virtue of subclause (6) as having obtained the second highest number of votes, to be Vice-President.

(5) To the extent that, in an election of members or President, compliance with subclause (2)(c) or (3)(c) is impossible by reason of an equality of votes between any 2 or more persons –

(a) the chief executive officer must arrange for lots to be drawn to decide which of them is to be declared elected; and

(b) the notice under subclause (1) is to record that the person or persons declared by virtue of this subclause was or were selected by lot.

(6) If, in an election of President, 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 (5), the other is to be treated for the purposes of subclause (4) as having obtained the second highest number of votes and is to be declared Vice-President accordingly.

(7) If in any circumstances other than those referred to in subclause (6) in which, by reason of an equality of votes, it is impossible to say which of 2 or more persons obtained the second highest number of votes, the chief executive officer must arrange for lots to be drawn to decide which of them is to be treated for the purposes of subclause (4) as having obtained the second highest number of votes.

(8) If a person is selected by lot under this clause to be Vice-President, the chief executive officer's notice under subclause (1) is to record that the person declared Vice-President was selected by lot.

(9) The chief executive officer must ensure that a copy of a notice under subclause (1) relating to an election of members is displayed in each voting booth during the hours for voting in the subsequent election of President.

(10) The chief executive officer must cause copies of notices under subclause (1) relating to the election of members and the election of President to be displayed as soon as practicable after the elections in the same places as the election notice.

Not more than 7 days after the conclusion of community management board election, the chief executive officer must forward to the Minister –

(a) the certificate signed by the chief executive officer under clause 17(5); and

The chief executive officer may, after completing the counting of votes at an election and before complying with clauses 17(5) and 18(1), recount the votes either of his or her own motion or at the reasoned request of any person for whom votes were counted.

After the counting of the votes has been completed, the chief executive officer must –

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

(1) Subject to subclause (2) and clause 24, if the office of a member of the community management board, or of President or Vice-President, is or becomes vacant for any reason –

(a) in the case of a member – the community management board must by resolution appoint a person belonging to the same skin group to fill the vacancy; and

(b) in the case of the President or Vice-President – a by-election is to be held to fill the vacancy with a member of the community management board.

(2) Subject to subclause (3), a vacancy is not required to be filled in accordance with subclause (1)(a) or (b) if the vacancy arises less than 6 months before the latest day for the holding of the next election under this constitution.

(3) A vacancy referred to in subclause (2) arising in the office of President or Vice-President may be filled instead by a member of the community management board appointed by resolution of the community management board.

(4) Before a by-election is held for the office of President or Vice-President, the community management board must, so far as practicable, make any appointment or appointments under subclause (1)(a) that may be necessary to ensure that it has 16 members.

(5) The procedure for the calling and conduct of a by-election are to conform, as far as is practicable and with the necessary modifications, with the provisions of this Part applicable to the calling and conduct of an election of President.

(6) The chief executive officer must notify the Minister in writing of the making of any appointment under this clause.

(1) The chief executive officer may at any time postpone voting in an election for members of the community management board.

(3) The chief executive officer may postpone voting in an election from day to day, but may not postpone the election for more than 21 days.

(5) The notices are to be displayed in a place where the chief executive officer thinks that residents in the community management board area are likely to see the notice.

(6) If the chief executive officer postpones voting in an election, the persons who are on the day of postponement members of the community management board to which the election relates remain members until the vote is held.

(7) If an election has been adjourned under subclause (1), clause 17 has effect as if a reference in the clause to election day were a reference to the day when the election is finally concluded.

(b) the quorum is not present at 3 consecutive meetings at the place and within one hour after the time specified for each board meeting.

(2) If this clause applies, the chief executive officer is to be taken to be the community management board for the purposes of –

(a) determining the date of an election of a new community management board; and

(b) exercising a power of the community management board under this constitution until the declaration of the results of the election of the new community management board under this clause.

(3) Subject to this constitution, the date determined by the chief executive officer under subclause (1)(a) for an election of a new community management board is to be –

(i) not later than 3 months after the event referred to in clause (1)(a) or (b) happened; or

"chief executive officer", except for clauses 11 and 13, includes the Electoral Commission and a person appointed to conduct an election under clause 11;

"community group" means a skin group or the group described in clause 2 (1) as the non-skin group;

"community management board area" means the Pirlangimpi community management board specified in Schedule 3;

"election day" means a day fixed under clause 27(2) of this constitution for the holding of an election;

"voter" means a member of a community group eligible under clause 4(1) to participate in the election of a member or members of the board from that group.

(1) The community management board is to consist of 13 members, who are to be elected or appointed in the manner provided by this Part and are to include –

(a) 3 persons from and to represent each of the Lorrulla (Stone), Miyartuwi (Pandanus), Takaringuwi (Mullet), Wantarringuwi (Sun or Fire) skin groups; and

(b) one person from and to represent voters who are not members of any of those 4 skin groups ("the non-skin group").

(2) Subject to this scheme, the term of office of a member expires upon the declaration of the results of the next election.

(3) The office of a member becomes vacant if the member ceases to be ordinarily resident in the community management board area.

(2) The President and the Vice-President are to be chosen in that order by the members from among their own number at the community management board's first meeting after its election and then whenever necessary.

(3) Subject to subclause (4), the President and Vice-President each hold office until terminated as President or Vice-President by the community management board.

(4) The President and Vice-President may resign from his or her office at any time by notice in writing to the chief executive officer.

(5) The office of President or Vice-President becomes vacant if he or she ceases to be a member of the community management board.

(6) The Vice-President (or, in the absence of the Vice-President, a member chosen by the community management board to act temporarily) must –

(b) subject to any contrary intention in this scheme, must also perform the functions, exercise the powers, and discharge the duties of the President when the President –

(i) is absent from the community management board area or from a meeting of the community management board; or

(1) A person is eligible to participate in the election of members of the community management board if that person –

(b) has ordinarily resided in the community management board area for not less than 6 months immediately before election day.

(2) A person is eligible to be elected as a member of the community management board if that person –

(b) has been ordinarily resident in the community management board area for not less than 5 years immediately before election day.

(1) The chief executive officer must give not less than 28 days notice before election day that an election is to be held.

(2) An election notice is to be prominently displayed at the places in the community management board area that the chief executive officer considers likely to reasonable ensure that all residents who are eligible to vote have notice of the election.

(b) list each community group and the number of members to be elected from each;

and must set out the provisions as to the method of election and notification of results contained in clause 7.

(1) On election day, the voters of each community group must, by agreement, elect from amongst the eligible persons in that group the number of members of the community management board that the group is entitled to have represent them.

(2) The results of an election under subclause (1) are to be notified to the chief executive officer not later than 6.00 p.m. on election day by a written declaration signed by 2 persons recognised by the chief executive officer as having authority to declare the wishes of the community group.

At 6.00 p.m. on election day or as soon as practicable after that time, the chief executive officer must, by a notice displayed in the same places as the election notice, declare all the persons whose names have been notified in accordance with clause 7(2) to have been duly elected as members of the community management board.

Not more than 7 days after a declaration under clause 8, the chief executive officer must forward to the Minister a copy of the notice displayed by the chief executive officer under that clause.

(1) Subject to clause 11, if the office of a member of the community management board is or becomes vacant for any reason, then –

(a) if the vacancy occurs 6 months or more before the latest date for the holding of the next election – the community management board must, by resolution, appoint a person who is eligible for election under clause 4(2) and is of the appropriate community group to fill the vacancy; and

(b) if the vacancy occurs less than 6 months before that date – the community management board may fill the vacancy by making the appointment, but is not required to do so.

(2) The chief executive officer must notify the Minister in writing of any appointment made under this clause.

If a new board is to be elected under this scheme and the chief executive officer is also a member of the existing board, the Minister may appoint another person to perform the functions of the chief executive officer in relation to that election.

(1) The chief executive officer may at any time postpone voting in an election for members of the community management board.

(3) The chief executive officer may postpone voting in an election from day to day, but may not postpone the election for more than 21 days.

(5) The notices are to be displayed in a place where the chief executive officer thinks that residents in the community management board area are likely to see the notice.

(7) If an election has been adjourned under subclause (1), clauses 7 and 8 have effect as if references in them to election day were references to the day when the election is finally concluded.

(b) the quorum is not present at 3 consecutive meetings at the place and within one hour after the time specified for each board meeting.

(2) If this clause applies, the chief executive officer is to be taken to be the community management board for the purposes of –

(a) determining the date of an election of a new community management board; and

(b) exercising a power of the community management board under this constitution until the declaration of the results of the election of the new community management board under this clause.

(3) Subject to this constitution, the date determined by the chief executive officer under subclause (1)(a) for an election of a new community management board is to be –

(i) not later than 3 months after the event referred to in clause (1)(a) or (b) happened; or

"chief executive officer", except for clauses 11 and 13, also includes the Electoral Commission and a person appointed to conduct an election under clause 11;

"community management board area" means the Wurankuwu community management board specified in Schedule 3;

"election day" means a day fixed under clause 27(2) of the constitution for the holding of an election;

"voter" means a member of a community group eligible under clause 4(1) to participate in the election of a member or members of the board from that group;

(1) The community management board is to consist of 9 members, who are to be elected or appointed in the manner provided by this Part.

(2) Subject to this scheme, the term of office of a member expires upon the declaration of the results of the next election.

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

(1) The community management board is to have a President, a Vice-President, a Treasurer and a Secretary.

(2) The President and the Vice-President are to be chosen in that order by the members of the board from among their own number at the community management board's first meeting after its election and then whenever necessary.

(3) The Treasurer and the Secretary are to be chosen by the members of the board from among their own number at the community management board's first meeting after its election and then whenever necessary.

(4) Subject to subclause (5), the President, Vice-President, Treasurer and Secretary each hold office until their office is terminated by the community management board.

(5) The President, Vice-President, Treasurer and Secretary may resign from his or her office at any time by notice in writing to the chief executive officer.

(6) The office of President, Vice-President, Treasurer and Secretary becomes vacant if the holder of the office ceases to be a member of the community management board.

(7) The Vice-President (or, in the absence of the Vice-President, a member chosen by the community management board to act temporarily) must –

(b) subject to any contrary intention in this scheme, must also perform the functions, exercise the powers, and discharge the duties of the President when the President –

(i) is absent from the community management board area or from a meeting of the community management board; or

(1) A person is eligible to participate in the election of members of the community management board if that person –

(b) has ordinarily resided in the community management board area for not less than 6 months immediately before election day.

(2) A person is eligible to be elected as a member of the community management board if that person –

(b) has been ordinarily resident in the community management board area for not less than 5 years immediately before election day.

(1) The chief executive officer must give not less than 28 days notice before election day that an election is to be held.

(2) An election notice is to be prominently displayed at the places in the community management board area that the chief executive officer considers likely to reasonable ensure that all residents of the community management board area who are eligible to vote have notice of the election.

(1) On election day, the voters must elect members of the community management board.

(2) The results of an election under subclause (1) are to be notified to the chief executive officer not later than 6.00 p.m. on election day.

At 6.00 p.m. on election day or as soon as practicable after then the chief executive officer must, by a notice displayed in the same places as the election notice, declare all the persons whose names have been notified in accordance with clause 7(2) to have been duly elected as members of the community management board.

Not more than 7 days after a declaration under clause 8, the chief executive officer must forward to the Minister a copy of the notice displayed by the chief executive officer under that clause.

(1) Subject to clause 11, if the office of a member of the community management board is or becomes vacant for any reason, then –

(b) if the vacancy occurs less than 6 months before that date – the community management board may fill the vacancy by making the appointment, but is not required to do so.

(2) The chief executive officer must notify the Minister in writing of an appointment made under this clause.