New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
In this Schedule, except in so far as the context or
subject-matter otherwise indicates or requires:
"first election" means an election required to be held by clause 3 (1).
"preliminary period" means the period commencing with the date of assent to
this Act and ending with 31 December 1980.
"returning officer", in relation to a united area, means the person for the
time being appointed under clause 5 (1) (a) for the area.
Within one month (or such other period as may be fixed by the Governor for the purposes of this clause) after the date of assent to this Act, a determination shall be made under section 23 (2) or 24 (2), as the case may require, of the Principal Act with respect to the council of each united area.
(1) An election of aldermen or councillors for each united area shall take place during the preliminary period.
(2) Subject to subclause (3), an election required to take place by subclause (1) shall take place on 6 December 1980.
(3) If it appears to the Minister to be impracticable or inconvenient for the first election for a united area to be held on 6 December 1980, he may, by notification published in the Gazette, appoint an earlier or a later date occurring during the preliminary period for the first election for the area and the date so appointed shall be the date on which the first election for that area shall take place.
(4) A notification published under subclause (3) may appoint a day for the first election for all or any number of united areas.
(5) Section 39 (1) (c) of the Principal Act does not apply in respect of the first election of aldermen or councillors for a united area held after the constitution of the united area.
(1) The first election of a mayor or president of a united area shall be held within 14 days after the aldermen or councillors elected at the first election for the area have been declared, or deemed by section 72 of the Principal Act, to be elected.
(2) Section 27 (1) (f) of the Principal Act does not apply in respect of an election of a mayor or president of a united area.
(3) For the purposes of sections 27 (1) (d) and 33 (1) (b) of the Principal Act, a first election shall be deemed to be an ordinary election.
(1) The Minister may:(a) by order in writing served on a person, appoint the person as returning officer for a united area, or(b) by notice given in such manner as he thinks fit, remove a returning officer for a united area from his office and, if he thinks fit, appoint another person under paragraph (a) as returning officer for the united area.
(2) An order or notice referred to in subclause (1) may:(a) in the case of the order--be made or served, or(b) in the case of the notice--be given,after the preliminary period.
(3) Subject to this Schedule, the powers, authorities, duties and functions, with respect to elections, of the returning officer, the clerk and the council for an area which are conferred or imposed by and under Part 5 of the Principal Act and the ordinances made thereunder may be exercised and shall be performed, with respect to the first election for a united area, by the returning officer for the united area.
(4) In the exercise and performance of his powers, authorities, duties and functions, the returning officer for a united area may make use of:(a) the services of any of the officers or servants of the councils of its constituent areas, and(b) any records kept by the councils of its constituent areas.
(5) Where, for the purpose of enabling him to exercise any of his powers under subclause (4), the returning officer for a united area makes any reasonable request of:(a) a council of any of its constituent areas, or(b) an officer or servant of the council of such an area,the council, officer or servant, as the case may be, to which or whom the request is made shall comply with that request.
(6) Any act, matter or thing done or omitted to be done in relation to a first election by a predecessor in office of a returning officer for a united area shall have the same force and effect as if it had been done or omitted to be done by the returning officer for the united area.
(1) For the purposes of this clause, the Shire of Manning is the divided area.
(2) The clerk of a constituent area, not being the divided area, of a united area shall, as soon as practicable after 1 October 1980, furnish to the returning officer for the united area, a copy of the list that that clerk is required to keep and continuously maintain up to date by section 65 (1) of the Principal Act, certified in writing by that clerk to be, to the best of his knowledge and belief, an accurate and complete list of the persons who appear to him to have had, on that date, the requisite qualifications, within the meaning of the Principal Act, to be electors for the constituent area.
(3) The clerk of the divided area shall, as soon as practicable after 1 October 1980:(a) from the list that that clerk is required to keep and continuously maintain up to date by section 65 (1) of the Principal Act, compile 2 separate and different lists, each of which shall be a list of the persons who, in his opinion, would have had, on that date, the requisite qualifications, within the meaning of the Principal Act, to be electors for a part of the divided area (being a part comprised of so much of the divided area as falls within the boundaries of a united area) if that part had been an area, within the meaning of the Principal Act, on that date, and(b) after compiling a list under paragraph (a), furnish to the returning officer for the united area in respect of the part of which the list was compiled a copy of the list certified in writing by that clerk to be, to the best of his knowledge and belief, an accurate and complete list of the persons who, in his opinion, would have had, on that date, the requisite qualifications, within the meaning of the Principal Act, to be electors for that part if it had been an area, within the meaning of the Principal Act, on that date.
(4) Notwithstanding section 66 of the Principal Act, the copies of lists certified by the clerks of constituent areas and furnished pursuant to this clause to a returning officer for a united area together comprise the roll of electors for the first election for the united area.
(5) Section 64 (1) (a) of the Principal Act does not apply in respect of a united area.
(6) Section 65A of the Principal Act does not apply to or in respect of the first election for a united area.
Notwithstanding section 71 (2) (a) of the Principal Act, a person whose name is not on the roll of electors for the first election for a united area may be nominated for election as alderman or councillor for the united area at that election if:
(a) had the united area been, on 1 October 1980, an area within the meaning of the Principal Act, he would have had, on that date, the requisite qualification, within the meaning of the Principal Act, to vote at an election of aldermen or councillors for that area, and
(b) he satisfies the returning officer for the united area by statutory declaration that, if the circumstances referred to in paragraph (a) had prevailed on 1 October 1980, he would have had that qualification on that date.
Notwithstanding section 51 (1) of the Principal Act, in order to have the requisite qualification of an elector at the first election for a united area, a person must be, within the meaning of that Act:
(a) an owner of ratable land in a constituent area, the whole of which forms part of the united area, or in a part of a constituent area which part forms part of the united area, or
(b) a resident of any such constituent area or part of a constituent area.
(1) Notwithstanding section 73 of the Principal Act, the system of election to be applied to a first election for a united area shall be the system of election according to the principle of proportional representation.
(2) Section 74 (b) of the Principal Act applies in relation to the first election for a united area notwithstanding that a person's name may appear more than once on the roll for the election.
(1) An electoral officer appointed in connection with a first election for a united area is entitled to be paid remuneration in accordance with a scale of fees and charges fixed by the Minister, which scale shall, with respect to any such first election, be deemed to be the scale of fees and charges referred to in clause 4 (b) of Ordinance No 11 made under the Principal Act.
(2) The expenses of the first election for a united area, including the remuneration payable pursuant to subclause (1), shall be paid from the General Fund of the council of a constituent area of the united area, being the constituent area nominated by the Minister for the purposes of this clause.
A reference in ordinances made under Part 5 of the Principal Act to the office of the council shall be construed, in relation to the first election for a united area, as a reference to the office of the council of a constituent area of the united area, being the constituent area nominated by the Minister for the purposes of this clause.
(1) To the extent that they are not inconsistent with the provisions of this Schedule or a proclamation under section 21 (1) of the Principal Act, the provisions relating to elections of the Principal Act and of the ordinances made under that Act shall apply to and in respect of the first elections of aldermen or councillors for, and mayors or presidents of, the united areas.
(2) Subject to this Act, a first election for a united area shall be treated as an ordinary election under the Principal Act for the purposes of that and any other Act and of any instrument made under any Act.
(1) Notwithstanding any other provision of this Act, a proclamation under section 21 (1) (r) of the Principal Act may provide:(a) that specified provisions of the Principal Act or the ordinances made thereunder apply or do not apply to or in relation to an election required to be held by this Act,(b) where specified provisions of that Act or those ordinances are applied under paragraph (a), that they so apply with specified modifications by way of omission from, addition to or partial substitution for those provisions, and(c) whether or not specified provisions of that Act or those ordinances are applied under paragraph (a), that specified provisions additional to those of the Principal Act and the ordinances made thereunder apply to or in relation to an election required to be held by this Act.
(2) A provision of a proclamation referred to in subclause (1) may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.
(3) In this clause, "specified", in relation to a proclamation, means specified in the proclamation.
(1) Subject to subclause (3), during the remainder of the preliminary period after the first election for a united area has taken place, the council of the area may:(a) elect a mayor or president, as the case may require,(b) make arrangements for an office for the council,(c) make arrangements with respect to the transfer to it and the appointment by it of servants,(d) where it is the council of a united area designated "3" in Column 1 of Part 1 of Schedule 1 or "14" in Column 1 of Part 2 of Schedule 1, make arrangements with respect to the transfer to it of the whole or part of the real and personal property of the councils of its constituent areas, and(e) do all other acts, matters or things which are reasonably necessary or are expedient to enable the council to exercise and perform the powers, authorities, duties and functions of the council of the united area on and from 1 January 1981,but may not do anything else during the remainder of that period.
(2) Any arrangements made for the purpose of subclause (1) (c) shall not take effect before 1 January 1981.
(3) Nothing in subclause (1) prevents:(a) the nominated council, within the meaning of section 11, from complying with any obligation imposed on it by that section with respect to the preliminary period, or(b) the council of a united area from exercising or performing, during the preliminary period, any power, authority, duty or function that may be necessary or convenient for it to exercise or perform in connection with an election referred to in section 12 (10) (a), (b) or (c).
(1) The first meeting of the council for a united area shall be convened by the returning officer for the united area whether or not during the preliminary period.
(2) The council for a united area shall conduct the following business at its first meeting:(a) the election of a temporary chairman for the meeting,(b) the appointment of a person to take the minutes of the meeting,(c) the fixing of an allowance to be payable by the council to its mayor or president for the period commencing with 1 January 1981 and ending with 19 September 1981,(d) the election of a mayor or president, as the case may require,(e) the fixing of the time and place for the next meeting of the council,(f) the authorisation of its mayor or president, as the case may be, to incur expenditure up to a maximum sum determined by the council for the purpose of defraying incidental expenses, and(g) subject to clause 14, any other business the introduction of which is approved by a majority of the members present.
Subject to clause 14 and the provisions of any proclamation made under section 21 (1) of the Principal Act, the provisions of sections 47 and 48 of the Principal Act and of the ordinances made under Division 11 of Part 4 of that Act shall apply to and in respect of the first meeting of the council for a united area and any other meeting of that council held before 1 January 1981.