New South Wales Consolidated Regulations

ABORIGINAL LAND RIGHTS REGULATION 2020 - REG 37

37 Election of Board members

(1) An election for a Board member is to be conducted by the Registrar as returning officer.

Note--: Section 63(6) of the Act provides that the Registrar is the returning officer for an election of Board members. Section 165A of the Act provides for the Registrar to delegate the Registrar's functions in certain circumstances.

(2) The chief executive officer of the Local Aboriginal Land Council must, not later than 48 hours before a meeting at which an election for one or more Board members is to take place, send a current copy of the Council's membership roll, certified in a manner approved by the Registrar, to the Registrar.

(3) If a copy of a membership roll is not provided in accordance with subclause (2), the Registrar is to--

(a) use the most recent copy of the Local Aboriginal Land Council's membership roll kept by the Registrar under section 59 of the Act, and

(b) if the Registrar has delegated the Registrar's functions as returning officer, provide a certified copy of the roll to the delegate before the election, if requested by the delegate.

(4) The returning officer must not vote in the election.

(5) A person may be nominated to stand for election as a Board member--

(a) by notice in writing to the returning officer at or before the time when nominations are called for at the meeting of the Local Aboriginal Land Council at which the election is held, or

(b) by any voting member present at that meeting.

Note--: Section 63 of the Act provides for who may nominate a person for election as a Board member and who may be nominated to stand for election as a Board member.

(6) For a nomination to be valid the person nominated must give consent to the nomination before the election is held and the consent must be recorded in the minutes of the meeting.

(7) A ballot must be held for the positions of Board members if--

(a) in the case of a Local Aboriginal Land Council referred to in clause 35--more than 10 nominations are received, or

(b) in the case of a Local Aboriginal Land Council referred to in clause 36--more than 7 nominations are received.

(8) A ballot held under this clause must--

(a) be a secret ballot, and

(b) subject to this Division, be conducted in the manner determined by the Registrar.

(9) The returning officer is to make all necessary arrangements for a ballot and may nominate a person (other than a voting member of the Local Aboriginal Land Council) to assist in those arrangements.

(10) The candidates elected in accordance with clauses 35(2) and (4) and 36(2) and (4) must be declared elected.