New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 121B

121B Elections administered by Electoral Commissioner

(1) This section applies to an election of councillors administered by the Electoral Commissioner.

(2) The Electoral Commissioner must appoint a returning officer and a substitute returning officer.

(3) The returning officer may appoint a regional electoral officer for a Region to assist in taking the poll for an election of a councillor to represent the Region.

(4) The regional electoral officer may appoint one or more deputy electoral officers to assist in taking the poll.

(5) The returning officer must conduct the election on behalf of, and under the direction of, the Electoral Commissioner.

(6) The substitute returning officer must exercise the functions of the returning officer in the absence of the returning officer.

(7) A person nominated for election as a councillor must not hold the following offices in relation to the election and, if the person held the office before the nomination, the person ceases to hold the office--

(a) returning officer,

(b) substitute returning officer,

(c) regional electoral officer,

(d) deputy electoral officer.

(8) A member of staff of the New South Wales Aboriginal Land Council must not be appointed as--

(a) a returning officer, or

(b) a substitute returning officer.

(9) The following persons must not vote at the election--

(a) the Electoral Commissioner,

(b) the returning officer for the election,

(c) the substitute returning officer for the election.

(10) For the purpose of conducting the election, the Electoral Commissioner must decide any matter not provided for by this Act or the regulations.