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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
City of Sydney Amendment (Elections)
Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to require the general manager of the Council of the City of Sydney (the general manager)
to keep and maintain a register of all persons entitled to be enrolled (including persons who
may be taken to be entitled to be enrolled) on the roll of non-resident owners of rateable
land or the roll of occupiers and ratepaying lessees (the non-residential rolls) under the City
of Sydney Act 1988 (the CoS Act), and
(b) to revise and update provisions relating to entitlement to enrolment on those non-residential
rolls, and
(c) to provide for the general manager to automatically enrol persons onto those non-residential
rolls, and
(d) to provide that if a corporation is the owner, ratepaying lessee or occupier of rateable land
in the City of Sydney, the corporation may nominate 2 natural persons to be enrolled as
electors instead of the corporation, and
(e) to provide that if a corporation fails to make such a nomination at least 28 days before the
closing date for an election, the first 2 company secretaries or directors of the corporation
(taken alphabetically) are to be deemed to have been so nominated and are to be enrolled as
electors instead of the corporation, and
(f) to provide that no more than 2 owners, 2 ratepaying lessees or 2 occupiers are entitled to be
enrolled as electors in respect of any one parcel of rateable land, and
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Explanatory note
(g) to provide that if it appears to the general manager that there are more than 2 owners,
2 ratepaying lessees or 2 occupiers of any one parcel of rateable land, the general manager
is to enrol:
(i) 2 of those owners, ratepaying lessees or occupiers in accordance with a written
nomination signed by the majority of those owners, ratepaying lessees or occupiers
submitted to the general manager at least 28 days before the closing date for an
election, or
(ii) if no such nomination is made, the first 2 persons from a list of those owners,
ratepaying lessees or occupiers (taken alphabetically), and
(h) to provide that regulations made under the Local Government Act 1993 may apply one or
more of the provisions of Part 3 (Elections) of the CoS Act (with any specified
modifications) to elections for such other local government areas as may be specified in
those regulations.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of City of Sydney Act 1988 No 48
Non-residential roll electoral information register--object (a)
Schedule 1 [10] inserts proposed section 18D into the CoS Act to give effect to object (a) set out
in the Overview. The proposed section:
(a) requires the general manager to keep and maintain a register of all persons entitled to be
enrolled (including persons who may be taken to be entitled to be enrolled) on the roll of
non-resident owners of rateable land or the roll of occupiers and ratepaying lessees under
the CoS Act, and
(b) sets out what information is to be included on that register, and
(c) allows the register to be kept in an electronic form, and
(d) requires the general manager to maintain and regularly revise the register to ensure that it
is accurate, and
(e) requires the general manager to ensure that the register is not available for public
inspection, and
(f) empowers the general manager, or a member of staff of the Council of the City of Sydney
who is authorised by the general manager, to require certain persons to answer questions
regarding the enrolment of persons under the CoS Act and provides that a refusal or failure
to answer such a question (or giving an answer to such a question that the person knows is
false or misleading in a material particular) is an offence, and
(g) enables the general manager to request the assistance of the Electoral Commissioner, and
requires the Electoral Commissioner to provide that assistance, in ascertaining certain
information concerning a person who the general manager believes is entitled to be enrolled
as an elector for the City of Sydney.
Entitlement to enrolment--object (b)
Schedule 1 [2] substitutes the definitions of ratepaying lessee and occupier in section 14 (1) of
the CoS Act to give effect to object (b) set out in the Overview. These provisions define which
persons are ratepaying lessees and occupiers for the purposes of enrolment under the CoS Act. The
substituted definitions remove the requirement that the person be liable to pay annual rent and
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Explanatory note
local government rates (in relation to a ratepaying lessee) or annual rent (in relation to an occupier)
of at least $5,000.
Schedule 1 [3] updates a reference in the definition of rateable land in section 14 (1) of the CoS
Act. The amendment makes it clear that rateable land does not include a utility lot within the
meaning of the Strata Schemes Management Act 1996, which is a lot designed to be used primarily
for storage or accommodation of boats, motor vehicles or goods and not for human occupation as
a residence, office, shop or the like.
Schedule 1 [5] substitutes section 14 (2) of the CoS Act to provide that a person is not an owner,
ratepaying lessee or occupier of rateable land, for the purposes of the enrolment provisions of that
Act, merely because the person owns, holds or occupies:
(a) a parcel of land designed, constructed or used solely or principally for the parking of no
more than 2 motor vehicles, or
(b) a self-storage unit used for the storage of boats, motor vehicles or goods.
Schedule 1 [5] also removes the requirement that, in order to be enrolled, a ratepaying lessee or
occupier of rateable land must have his or her primary place of residence within New South Wales.
It is noted that section 15 (2) of the CoS Act provides that a person is not entitled to be enrolled
unless the person is entitled to vote at an election of members of the Legislative Assembly or an
election of members of the Commonwealth House of Representatives.
Automatic enrolment of persons on non-residential rolls--object (c)
Schedule 1 [10] inserts proposed sections 18A-18C into the CoS Act to give effect to object (c)
set out in the Overview.
Proposed section 18A (which is substituted for current section 18A) provides that not later than
the closing date for an election, the general manager is to prepare the following rolls for the
election:
(a) the roll of non-resident owners of rateable land, being a roll of persons who are entitled to
be enrolled as electors as owners of rateable land in the City of Sydney,
(b) the roll of occupiers and ratepaying lessees, being a roll of persons who are entitled to be
enrolled as electors as ratepaying lessees or occupiers of rateable land in the City of Sydney.
An owner, ratepaying lessee or occupier is not required to make an application for enrolment to
be included on those rolls.
Proposed section 18B provides that, as soon as practicable after the closing date for an election for
the City of Sydney, the Electoral Commissioner is to review those rolls and notify the general
manager of any necessary corrections.
Proposed section 18C provides that as soon as practicable after correcting the roll of non-resident
owners of rateable land and the roll of occupiers and ratepaying lessees (if required), the general
manager is to confirm the rolls for the purpose of the election.
Schedule 1 [4] makes a consequential amendment.
Enrolment of nominee electors for corporations--objects (d) and (e)
Schedule 1 [8] inserts proposed sections 16AA-16AC into the CoS Act to give effect to
objects (d) and (e) set out in the Overview.
Proposed section 16AA provides that if a corporation is the owner, ratepaying lessee or occupier
of any rateable land, the corporation may submit a nomination in writing to the general manager
of the names of 2 natural persons to be enrolled as electors instead of the corporation.
The provision also provides that if the joint owners, ratepaying lessees or occupiers of any rateable
land consist of corporations or a combination of persons and corporations (of at least one person
and one corporation), the joint owners, ratepaying lessees or occupiers may submit a nomination
in writing to the general manager of the names of 2 natural persons to be enrolled as electors
instead of the joint owners, ratepaying lessees or occupiers.
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Explanatory note
Proposed section 16AB contains provisions regarding the making and revocation of those
nominations. A person may not be nominated under proposed section 16AA unless the person, at
the time of the nomination:
(a) is a director or company secretary of the corporation (or if the joint owners, ratepaying
lessees or occupiers of any rateable land consist of a combination of corporations and
natural persons, is a director or company secretary of the corporations or one of those
natural persons), and
(b) has reached 18 years of age or will attain the age of 18 years on or before the date of the
next ordinary election of councillors, and
(c) has consented in writing to be nominated, and
(d) is entitled to vote at an election of members of the Legislative Assembly or an election of
members of the Commonwealth House of Representatives, and
(e) is not for any other reason already entitled to be enrolled as an elector for the City of
Sydney.
Proposed section 16AC provides that if a corporation is the sole owner, ratepaying lessee or
occupier of any rateable land in the City of Sydney and the general manager has not at least
28 days before the closing date for an election received a nomination in writing made by the
corporation of 2 natural persons who are to be enrolled as an elector instead of the corporation, the
first 2 of the following persons are taken to have been nominated by the corporation:
(a) the company secretaries (however styled) of the corporation (taken alphabetically),
(b) the directors (however styled) of the corporation (taken alphabetically).
(Proposed section 16AC (2) deals with the situation where a corporation validly nominates only
one person.)
Proposed section 16AC (4) provides that if a person is:
(a) otherwise entitled to be enrolled, or
(b) not entitled to vote at an election of members of the Legislative Assembly or an election of
members of the Commonwealth House of Representatives,
that person is to be disregarded for the purposes of deeming a nomination under this proposed
section.
The general manager must advise the corporation in writing of any person who has been enrolled
as a nominee of the corporation under this proposed section.
Schedule 1 [6] and [7] make consequential amendments.
Multiple owners, ratepaying lessees or occupiers--objects (f) and (g)
Schedule 1 [9] inserts proposed section 16B into the CoS Act to give effect to objects (f) and (g)
set out in the Overview.
Proposed section 16B provides that no more than 2 owners, 2 ratepaying lessees and 2 occupiers
are entitled to be enrolled as electors in respect of any one parcel of rateable land.
The proposed section provides that if there are more than 2 owners, ratepaying lessees or
occupiers of any one parcel of rateable land, the general manager is to enrol:
(a) 2 of those owners, ratepaying lessees or occupiers in accordance with a written nomination
made by the majority of those owners, ratepaying lessees or occupiers, or
(b) if no such nomination is made--the first 2 persons from an alphabetical list of the names of
the owners, ratepaying lessees or occupiers.
The proposed section also contains provisions dealing with the making and revocation of
nominations.
Schedule 1 [5] also makes a consequential amendment by omitting current section 14 (1A)-(3) of
the CoS Act which dealt with multiple ratepaying lessees and occupiers by determining an elector
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Explanatory note
entitlement based on the amount of annual rent and local government rates (in relation to a
ratepaying lessees) or annual rent (in relation to occupiers) divided by $5,000.
Extension of provisions to other councils--object (h)
Schedule 1 [11] inserts proposed section 25 into the CoS Act to give effect to object (h) set out in
the Overview. The proposed section provides that regulations may be made under the Local
Government Act 1993 to apply one or more of the provisions of Part 3 (Elections) of the CoS Act,
and any regulations made under that Part, (with any specified modifications) to elections for such
other local government areas as may be specified in those regulations.
Miscellaneous
Schedule 1 [1], [12] and [14] provide a definition of general manager for the purposes of the CoS
Act and make consequential amendments.
Schedule 1 [10] also inserts proposed section 18E into the CoS Act to provide that the general
manager must, at least 90 days before the closing date for an election for the City of Sydney, send
enrolment letters to each person who the general manager believes is entitled to be enrolled (and
each corporation that the general manager believes, if it were a natural person, would be entitled
to be enrolled) under the CoS Act. The letters are required to contain information about the
election and the enrolment of the person (or nominees for the corporation) for the purposes of the
election.
Schedule 1 [13] inserts provisions into section 58 (Regulations) of the CoS Act to enable
regulations to be made for or with respect to elections for the City of Sydney generally and, more
specifically, postal voting by electors enrolled on the non-residential rolls at those elections.
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Introduced by the Hon Robert Borsak, MLC First print
New South Wales
City of Sydney Amendment (Elections)
Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of City of Sydney Act 1988 No 48 3
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New South Wales
City of Sydney Amendment (Elections)
Bill 2014
No , 2014
A Bill for
An Act to amend the City of Sydney Act 1988 to make further provision in relation to elections for
the Council of the City of Sydney; and for other purposes.
City of Sydney Amendment (Elections) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the City of Sydney Amendment (Elections) Act 2014. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Schedule 1 Amendment of City of Sydney Act 1988 No 48
Schedule 1 Amendment of City of Sydney Act 1988 No 48 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
general manager means the general manager of the City Council. 4
[2] Section 14 Definitions 5
Omit section 14 (1) (b) and (c). Insert instead: 6
(b) ratepaying lessee means a person who has been continuously, during 7
the period of 3 months preceding the relevant date, the lessee (whether 8
jointly or severally) of rateable land and who is liable, under a lease in 9
writing or other document of title relating to the land, to pay to any 10
person the whole or any part of any local government rates which may 11
be made or levied in respect of the land, 12
(c) occupier means a person who has a legally enforceable right (jointly or 13
severally, but not as owner or ratepaying lessee) to continuous 14
occupation of rateable land, during the period of 3 months preceding the 15
relevant date, 16
[3] Section 14 (1) (e) 17
Omit the paragraph. Insert instead: 18
(e) rateable land includes all land in the City of Sydney on which any rate 19
is leviable or levied under the Principal Act, but does not include a 20
utility lot within the meaning of the Strata Schemes Management 21
Act 1996, 22
Note. Utility lot is defined in the Strata Schemes Management Act 1996 to be 23
a lot designed to be used primarily for storage or accommodation of boats, 24
motor vehicles or goods and not for human occupation as a residence, office, 25
shop or the like. 26
[4] Section 14 (1) (f) (i) 27
Omit "the claim for enrolment". Insert instead "that determination". 28
[5] Section 14 (2) 29
Omit section 14 (1A)-(4). Insert instead: 30
(2) Despite subsection (1), a person is not an owner, ratepaying lessee or occupier 31
of rateable land for the purposes of this Division merely because the person 32
owns, holds or occupies: 33
(a) a parcel of land designed, constructed or used solely or principally for 34
the parking of no more than 2 motor vehicles, or 35
(b) a self-storage unit used for the storage of boats, motor vehicles or goods. 36
[6] Section 15 Right to be enrolled as an elector 37
Omit "the person nominated" from section 15 (2). 38
Insert instead "a person nominated or taken to have been nominated". 39
[7] Section 16 Provisions relating to right to be enrolled as an elector 40
Omit section 16 (1), (3) and (5). 41
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Schedule 1 Amendment of City of Sydney Act 1988 No 48
[8] Sections 16AA-16AC 1
Insert after section 16: 2
16AA Corporations 3
(1) If a corporation is the sole owner, ratepaying lessee or occupier of any rateable 4
land, the corporation may submit a nomination in writing to the general 5
manager of the names of 2 natural persons to be enrolled as electors instead of 6
the corporation. 7
(2) If the joint owners, ratepaying lessees or occupiers of any rateable land consist 8
of corporations or a combination of natural persons and corporations (of at 9
least one natural person and one corporation), the majority of the joint owners, 10
ratepaying lessees or occupiers may submit a nomination in writing to the 11
general manager of the names of 2 natural persons to be enrolled as electors 12
instead of the joint owners, ratepaying lessees or occupiers. 13
(3) A corporation may make a nomination or be part of a majority of joint owners, 14
ratepaying lessees or occupiers making a nomination under this section only 15
once, regardless of how many parcels of rateable land it owns, leases or 16
occupies or jointly owns, leases or occupies. 17
(4) A natural person nominated under this section is entitled to be enrolled as an 18
elector on the relevant roll. 19
16AB Nominations of electors by corporations 20
(1) A person may not be nominated under section 16AA unless the person, at the 21
time of the nomination: 22
(a) in relation to a nomination under section 16AA (1)--is a director or 23
company secretary (however styled) of the corporation, and 24
(b) in relation to a nomination under section 16AA (2)--is a director or 25
company secretary (however styled) of the corporation (or any of the 26
corporations concerned) or is a joint owner, ratepaying lessee or 27
occupier of the rateable land (as relevant), and 28
(c) has reached 18 years of age or will attain the age of 18 years on or before 29
the date of the next ordinary election of councillors, and 30
(d) has consented in writing to be nominated, and 31
(e) is entitled to vote at an election of members of the Legislative Assembly 32
or an election of members of the Commonwealth House of 33
Representatives, and 34
(f) is not, for any other reason, already entitled to be enrolled as an elector 35
for the City of Sydney. 36
(2) A nomination under section 16AA is revoked if: 37
(a) the person nominated: 38
(i) in relation to a nomination under section 16AA (1)--ceases to be 39
a director or company secretary of the corporation, or 40
(ii) in relation to a nomination under section 16AA (2)--ceases to be 41
a director or company secretary of the corporation (or any of the 42
corporations concerned) or a joint owner, ratepaying lessee or 43
occupier of the rateable land (as relevant), or 44
(iii) dies, or 45
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Schedule 1 Amendment of City of Sydney Act 1988 No 48
(iv) submits a notice of resignation to the general manager containing 1
the details required by the regulations (if any), or 2
(v) for any other reason becomes entitled to be enrolled as an elector 3
for the City of Sydney, or 4
(b) a notice of revocation is submitted by the corporation (or the majority 5
of the joint owners, ratepaying lessees or occupiers concerned) to the 6
general manager containing the details required by the regulations (if 7
any), or 8
(c) the entitlement to be enrolled under section 16AA ceases to exist. 9
(3) If the general manager receives a nomination under section 16AA in respect 10
of any rateable land in respect of which 2 persons have already been 11
nominated and the corporation (or the joint owners, ratepaying lessees or 12
occupiers concerned): 13
(a) nominates one natural person but does not revoke the nomination of 14
either of the 2 people previously nominated--the general manager must 15
refuse to accept the nomination, or 16
(b) nominates 2 natural persons--the nomination is taken to revoke all 17
previous nominations. 18
(4) If the general manager refuses to accept a nomination under subsection (3) (a), 19
he or she must advise the corporation (or the joint owners, ratepaying lessees 20
or occupiers concerned) that submitted the nomination of that refusal and give 21
reasons for the refusal. 22
16AC Deeming of nomination of electors on behalf of corporations 23
(1) This section applies if a corporation is the sole owner, ratepaying lessee or 24
occupier of any rateable land in the City of Sydney and the general manager 25
has not received by the nomination cut-off date for an election a nomination in 26
writing under section 16AA made by the corporation of 2 natural persons who 27
are to be taken to be entitled to be enrolled as an elector instead of the 28
corporation. 29
(2) If the corporation has validly nominated one natural person by that nomination 30
cut-off date, the following person is taken to have been nominated by the 31
corporation under section 16AA as the second natural person who is to be 32
entitled to be enrolled as an elector instead of the corporation: 33
(a) the company secretary (however styled) of the corporation or, if there is 34
more than one company secretary, the company secretary whose name 35
appears first in an alphabetical list of the names of the company 36
secretaries (however styled) of the corporation, 37
(b) if the corporation's sole eligible company secretary is the validly 38
nominated person or no company secretary is entitled to be enrolled as 39
an elector--the director (however styled) of the corporation whose 40
name appears first in an alphabetical list of the names of the directors 41
(however styled) of the corporation. 42
(3) If the corporation has not validly nominated any natural persons by that 43
nomination cut-off date, the first 2 persons from a list comprised in the 44
following manner are taken to have been nominated by the corporation under 45
section 16AA: 46
(a) first, the name of the company secretary or the names of the company 47
secretaries (however styled) of the corporation listed in alphabetical 48
order, 49
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Schedule 1 Amendment of City of Sydney Act 1988 No 48
(b) then, the names of the directors (however styled) of the corporation 1
listed in alphabetical order. 2
(4) Despite subsections (2) and (3), if a person who is taken to have been 3
nominated by the corporation under one of those subsections is: 4
(a) otherwise entitled to be enrolled under this Act, or 5
(b) not entitled to vote at an election of members of the Legislative 6
Assembly or an election of members of the Commonwealth House of 7
Representatives, 8
that person is to be disregarded for the purposes of the subsection. 9
(5) Information that is available from the Australian Securities and Investments 10
Commission concerning the name, address and age of the persons specified in 11
subsections (2) and (3) may be collected and used for the purposes of this 12
section. 13
(6) The general manager must advise the corporation in writing of any person who 14
has been enrolled as a nominee of the corporation under this section. 15
(7) In any alphabetical list of names for the purposes of this section, surnames are 16
to be considered before given names. 17
(8) In this section, nomination cut-off date, for an election, means the date that is 18
28 days before the closing date for the election. 19
[9] Section 16B 20
Insert after section 16A: 21
16B Entitlement to enrolment where more than 2 owners, ratepaying lessees or 22
occupiers--other than corporations 23
(1) No more than 2 owners, 2 ratepaying lessees and 2 occupiers are entitled to be 24
enrolled as electors in respect of any one parcel of rateable land. 25
(2) If it appears to the general manager that there are more than 2 owners, 26
2 ratepaying lessees or 2 occupiers of any one parcel of rateable land, the 27
general manager is to enrol: 28
(a) 2 of those owners, ratepaying lessees or occupiers in accordance with a 29
written nomination made by the majority of those owners, ratepaying 30
lessees or occupiers submitted to the general manager before the 31
nomination cut-off date for an election, or 32
(b) if no such nomination is made before that date--the first 2 persons from 33
an alphabetical list of the names of the owners, ratepaying lessees or 34
occupiers (considering surname first, then given names). 35
(3) A person may not be nominated under subsection (2) (a) unless the person: 36
(a) has reached 18 years of age or will attain the age of 18 years on or before 37
the date of the next ordinary election of councillors, and 38
(b) has consented in writing to be nominated, and 39
(c) is entitled to vote at an election of members of the Legislative Assembly 40
or an election of members of the Commonwealth House of 41
Representatives, and 42
(d) is not, for any other reason, already entitled to be enrolled as an elector 43
for the City of Sydney. 44
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Schedule 1 Amendment of City of Sydney Act 1988 No 48
(4) A nomination under subsection (2) (a) is revoked if: 1
(a) a person nominated: 2
(i) dies, or 3
(ii) submits a notice of resignation to the general manager containing 4
the details required by the regulations (if any), or 5
(iii) for any other reason becomes entitled to be enrolled as an elector 6
for the City of Sydney, or 7
(b) a notice of revocation made by the majority of the joint owners, 8
ratepaying lessees or occupiers is submitted to the general manager 9
containing the details required by the regulations (if any), or 10
(c) the entitlement under section 15 ceases to exist. 11
(5) If the general manager receives a nomination under subsection (2) (a) in 12
respect of any rateable land in respect of which 2 persons have already been 13
nominated and the nomination: 14
(a) nominates one person but does not revoke the nomination of either of 15
the 2 people previously nominated--the general manager must refuse to 16
accept the nomination, or 17
(b) nominates 2 persons--the nomination is taken to revoke all previous 18
nominations. 19
(6) If the general manager refuses to accept a nomination under subsection (5) (a), 20
he or she must advise the owners, ratepaying lessees or occupiers concerned 21
of that refusal and give reasons for the refusal. 22
(7) Despite subsection (2) (b), if a person referred to in that paragraph is: 23
(a) otherwise entitled to be enrolled under this Act, or 24
(b) not entitled to vote at an election of members of the Legislative 25
Assembly or an election of members of the Commonwealth House of 26
Representatives, 27
that person is to be disregarded for the purposes of that paragraph. 28
(8) In this section, nomination cut-off date, for an election, means the date that is 29
28 days before the closing date for the election. 30
(9) For the avoidance of doubt, subsections (2)-(8) do not apply in relation to 31
cases where the joint owners, ratepaying lessees or occupiers of rateable land 32
consist of corporations or a combination of natural persons and corporations 33
(of at least one natural person and one corporation). 34
Note. See section 16AA (2) in relation to those cases. 35
[10] Sections 18A-18E 36
Omit sections 18A-18C. Insert instead: 37
18A General manager to prepare roll of non-resident owners and roll of occupiers 38
and ratepaying lessees 39
(1) Not later than the closing date for an election, the general manager is to 40
prepare the following rolls for the election: 41
(a) the roll of non-resident owners of rateable land, being a roll of persons 42
who are entitled to be enrolled as electors as owners of rateable land in 43
the City of Sydney, 44
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Schedule 1 Amendment of City of Sydney Act 1988 No 48
(b) the roll of occupiers and ratepaying lessees, being a roll of persons 1
who are entitled to be enrolled as electors as ratepaying lessees or 2
occupiers of rateable land in the City of Sydney. 3
(2) Sections 299 and 300 of the Principal Act do not apply to any election for the 4
City of Sydney. 5
(3) The general manager must ensure that the address of a person who is a silent 6
elector under a law of the State or of the Commonwealth is not entered on any 7
roll prepared under this section. 8
18B Electoral Commissioner to verify non-residential rolls of electors 9
(1) As soon as practicable after the closing date for an election for the City of 10
Sydney, the general manager must provide the Electoral Commissioner with 11
the roll of non-resident owners of rateable land and the roll of occupiers and 12
ratepaying lessees. 13
(2) The Electoral Commissioner is to review those rolls and is to notify the general 14
manager if any person on either of those rolls: 15
(a) will not be of or above the age of 18 years on the polling day of the 16
election, or 17
(b) is not entitled to vote at an election of members of the Legislative 18
Assembly or an election of members of the Commonwealth House of 19
Representatives, or 20
(c) is a silent elector under a law of the State or of the Commonwealth, or 21
(d) does not reside at the address shown for the person on the roll 22
concerned, but resides at another address, or 23
(e) without limiting paragraph (d), does not reside at the address shown for 24
the person on the roll concerned, but resides at an address in the City of 25
Sydney and, for that reason, is entitled to be enrolled as a resident of the 26
City of Sydney. 27
(3) If the general manager receives such a notification from the Electoral 28
Commissioner, the general manager is to correct the roll: 29
(a) in the case of a person who will not be of or above the age of 18 years 30
on the polling day of the election or who is not entitled to vote at an 31
election of members of the Legislative Assembly or an election of 32
members of the Commonwealth House of Representatives--by 33
removing the name of the person, and 34
(b) in the case of a person who is a resident of the City of Sydney--by 35
removing the name of the person, and 36
(c) in the case of a person who is a silent elector--by removing the 37
residential address of the silent elector, and 38
(d) in the case of a person who does not reside at the address shown for the 39
person on the roll concerned, but resides at another address--by 40
replacing the incorrect residential address with the correct residential 41
address of the person. 42
(4) For the avoidance of doubt, if the general manager removes the name of a 43
person under subsection (3) (a) or (b) that was recorded on a roll by operation 44
of section 16AC or 16B (2) (b), the general manager is not to insert the name 45
of any other person on that roll in that person's place. 46
(5) The costs of the Electoral Commissioner with respect to the carrying out of 47
any function under this section are to be met by the City Council and are 48
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Schedule 1 Amendment of City of Sydney Act 1988 No 48
recoverable from the City Council as a debt. Any dispute as to the amount of 1
those costs is to be determined by the Chief Executive of the Office of Local 2
Government. 3
18C Confirmation of non-residential rolls of electors 4
(1) As soon as practicable after correcting the roll of non-resident owners of 5
rateable land and the roll of occupiers and ratepaying lessees under 6
section 18B (3) (if required), the general manager is to confirm the rolls. 7
(2) References in section 301 of the Principal Act to the non-residential roll 8
prepared and confirmed under section 299 for the area and the roll of occupiers 9
and ratepaying lessees prepared and confirmed under section 300 for the area 10
are, in the operation of that section in respect of the City of Sydney, to be read 11
as references to, respectively, the roll of non-resident owners of rateable land 12
and the roll of occupiers and ratepaying lessees prepared and confirmed under 13
this Act. 14
(3) A roll prepared and confirmed under this Act lapses after the election for 15
which it is prepared and confirmed. 16
18D Non-residential roll electoral information register 17
(1) The general manager is to keep and maintain records of the following in a 18
non-residential roll electoral information register (the Register): 19
(a) persons entitled to be enrolled under section 15 (1) (a) and (b), 20
(b) persons nominated to be enrolled under section 16AA, 21
(c) persons who may be taken to be entitled to be enrolled under 22
section 16AC, 23
(d) persons entitled to be enrolled under section 16B. 24
(2) The Register is to include: 25
(a) the surname, given name or names, date of birth and sex of each such 26
person, and 27
(b) the residential address of the person, and 28
(c) whether the person is a silent elector under a law of the State or of the 29
Commonwealth, and 30
(d) any other particulars that the general manager considers necessary to 31
carry out his or her functions under this Act, and 32
(e) any other particulars of a kind as are prescribed by the regulations. 33
(3) The Register is to be kept in an electronic form. 34
(4) The general manager must maintain and regularly revise the Register to ensure 35
that it is accurate. 36
(5) The general manager must ensure that the Register is not available for public 37
inspection. 38
(6) The general manager, or a member of staff of the City Council who is 39
authorised by the general manager, may require any of the following persons 40
to answer questions regarding the enrolment of persons under this Act: 41
(a) an owner of rateable land in the City of Sydney, 42
(b) a ratepaying lessee or an occupier of rateable land in the City of Sydney, 43
(c) a person in charge of, or who is the agent for the owner of, rateable land 44
in the City of Sydney, 45
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Schedule 1 Amendment of City of Sydney Act 1988 No 48
(d) a resident of the City of Sydney. 1
(7) A person must not: 2
(a) without reasonable excuse, refuse or fail to answer such a question, or 3
(b) give an answer to such a question that the person knows is false or 4
misleading in a material particular. 5
Maximum penalty: 20 penalty units. 6
(8) The general manager may request the assistance of the Electoral 7
Commissioner, and the Electoral Commissioner is to provide that assistance, 8
in ascertaining the following information concerning a person who the general 9
manager believes is entitled to be enrolled as an elector for the City of Sydney: 10
(a) the age of the person, 11
(b) the residential address of the person, 12
(c) whether the person is entitled to vote at an election of members of the 13
Legislative Assembly or an election of members of the Commonwealth 14
House of Representatives, 15
(d) whether the person is a silent elector under a law of the State or of the 16
Commonwealth, 17
(e) other information that the regulations may prescribe. 18
18E Enrolment letters 19
(1) The general manager must, at least 90 days before the closing date for an 20
election for the City of Sydney, send enrolment letters in accordance with this 21
section. 22
(2) The general manager must send an enrolment letter addressed to each person 23
who the general manager believes is entitled to be enrolled on a 24
non-residential roll stating the following: 25
(a) that an election for the City of Sydney is to be held, 26
(b) the date the election is to be held, 27
(c) that, in the opinion of the general manager, the person the enrolment 28
letter is addressed to is entitled to be enrolled as an elector on the roll of 29
non-resident owners of rateable land or the roll of occupiers and 30
ratepaying lessees for the election, 31
(d) that the person will be enrolled on such a roll on the date prescribed for 32
the closing of the roll of electors for the election, 33
(e) that, in relation to a natural person who the general manager believes is 34
entitled to be enrolled as nominee of a corporation under section 16AC, 35
the person will be enrolled on such a roll as the nominee of the 36
corporation unless, at least 28 days before the date prescribed for the 37
closing of the roll of electors for the election, another person is 38
nominated by the corporation, 39
(f) the date prescribed for the closing of the roll of electors for the election. 40
(3) The general manager is also to send a letter to each corporation that the general 41
manager believes is the sole owner, ratepaying lessee or occupier of rateable 42
land in the City of Sydney stating the following: 43
(a) that an election for the City of Sydney is to be held, 44
(b) the date the election is to be held, 45
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City of Sydney Amendment (Elections) Bill 2014 [NSW]
Schedule 1 Amendment of City of Sydney Act 1988 No 48
(c) that, in the opinion of the general manager, the corporation the 1
enrolment letter is addressed to is entitled to nominate 2 natural persons 2
to be enrolled instead of the corporation, 3
(d) if the corporation has not already made such a nomination--that 4
2 natural persons who the general manager believes are entitled to be 5
enrolled as nominees of a corporation under section 16AC will be 6
enrolled unless, at least 28 days before the date prescribed for the 7
closing of the roll of electors for the election, 2 natural persons are 8
nominated by the corporation, 9
(e) the date prescribed for the closing of the roll of electors for the election. 10
(4) In this section, non-residential roll means the roll of non-resident owners of 11
rateable land or the roll of occupiers and ratepaying lessees. 12
[11] Part 3, Division 5 13
Insert after Division 4: 14
Division 5 Application of provisions of this Part to other councils 15
25 Regulations may apply provisions of this Part to other councils 16
(1) Regulations made under the Principal Act may apply one or more of the 17
provisions of this Part, or any regulations made under this Part, (with any 18
specified modifications) to elections for such other local government areas as 19
may be specified in those regulations. 20
(2) The provisions of any regulation referred to in subsection (1) prevail to the 21
extent of any inconsistency with the provisions of the Principal Act or any 22
other regulations made under the Principal Act. 23
[12] Sections 40 (4) and 51J (3) (b) and clause 4 (1) of Schedule 1 24
Omit "general manager of the City Council" wherever occurring. 25
Insert instead "general manager". 26
[13] Section 58 Regulations 27
Insert after section 58 (2) (g): 28
(h) elections for the City of Sydney, 29
(i) without limiting paragraph (h), postal voting by electors enrolled on the 30
roll of non-resident owners of rateable land or the roll of occupiers and 31
ratepaying lessees at elections for the City of Sydney. 32
[14] Schedule 1 The Planning Committee 33
Omit "general manager of the City of Sydney" in clause 18. 34
Insert instead "general manager". 35
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