ALPURRURULAM COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Alpurrurulam Community Government Scheme as in force at 17 March 2004. Any amendments that commence after that date are not included.

candidate means a person who has been nominated and accepted, under clause 18, as a candidate for election to the council and who has not withdrawn his or her consent to the nomination before the close of nominations;

clerk, for the purposes of Part 4, except clauses 38 and 39, includes the Electoral Commission and a person appointed under clause 38 to conduct an election;

election day means a day fixed under clause 15(2) for the holding of an election;

member means a member of the council and includes its President and Vice-President and a person authorised under clause 8(1);

polling place means a place set aside under clause 22 for the purpose of an election;

The community government area to which this scheme applies comprises all that parcel of land near Lake Nash in the Northern Territory of Australia, outlined in the plan in the Schedule, containing an area of 999.9 hectares more or less being Northern Territory Portion 1949 and being more particularly delineated on survey plan S84/014 lodged with the Surveyor General, Darwin.

The name of the community government council which administers the community government area is the Alpurrurulam Community Government Council.

(1) The council shall consist of 12 members, who shall be declared or elected in the manner provided by this scheme.

(2) Subject to this scheme, the term of office of a member expires upon the declaration of the result of the next election (not being a by-election).

(3) The office of a member becomes vacant if the member ceases to be enrolled as an elector or if he or she ceases to be ordinarily resident in the community government area.

(1) The Council shall have a President and a Vice-President declared or chosen in accordance with subclause (2).

(a) declared to be either President or Vice-President under clause 33(2)(b)(ii); or

(b) where the members of the Council are declared under clause 19(1), chosen to be either President or Vice-President by the members from amongst their own number at the Council's first meeting after its election,

and after that, as a vacancy occurs in either office, the members who are chosen to be either President or Vice-President by the other members at the Council's first meeting after the vacancy occurs.

(3) Subject to subsections (4) and (5), the President and Vice-President each hold office during the pleasure of the Council.

(4) The President or Vice President may resign by giving notice in writing to the clerk.

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

(6) The Vice-President shall act as President during any vacancy in that office and shall also perform the functions, exercise the powers and discharge the duties of the President when the President is absent from the community government area or a meeting of the council or is unable to perform the functions of office.

(1) The council shall meet to transact its business not less than once each month.

(2) The date and time of a council meeting shall be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for that purpose.

(3) The President may call a special meeting of the council by giving at least 2 days notice to the other members.

(4) By giving the President notice in writing requesting a special meeting of the council and stating the reasons for the request, 3 or more members or 6 or more electors may require the President to call a special meeting of the council, and the President shall call that meeting for a date not later than 7 days after the day on which the notice is received, and shall notify the members accordingly.

(5) Where, under subclause (3) or (4), a special meeting is to be held, the clerk shall cause written notice of the special meeting to be prominently displayed in a place which he or she considers likely to be frequented by residents.

(6) A notice under subclause (5) shall specify the date, time and place of the meeting and the reason for it being called.

the clerk shall declare that person to be no longer a member, and the office to be vacant.

(1) A member proposing to be absent from a meeting of the council may authorise in writing an elector to attend the meeting in the member's place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.

(a) a purported authorisation relating to 2 or more consecutive meetings, in respect of the second and subsequent meetings; or

(b) a purported authorisation for the meeting next after a meeting already attended by an authorised person,

Meetings of the council shall be open to persons who are not members or officers or employees of the council unless the council determines that a meeting, or part of a meeting, is to be closed.

(1) Meetings of the council shall be presided over by the President or, in the President's absence, by the Vice-President or, in the absence of both the President and the Vice-President, by a member chosen by the other members present.

(2) The council shall determine its own procedure at meetings subject to any standing orders it may make from time to time.

(4) The quorum for a meeting of the council shall be a majority of the members then in office.

(5) Questions before a meeting of the council shall be decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter shall be taken to have been defeated.

(a) the establishment and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;

(b) the establishment and maintenance of sports facilities, swimming pools, libraries and museums, cinemas, community halls, public toilets and ablution blocks;

(c) the provision of services for the collection and disposal of garbage, the provision and maintenance of particular places where garbage may be dumped, the control of litter generally, the provision and maintenance of sanitation, sewerage, drainage and water supply facilities and the removal of health hazards;

(f) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;

(h) the promotion and provision of community welfare, health and care facilities for all age groups;

(l) the development and maintenance of roads within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads outside the community government area;

(n) the hiring out, for reward, of any vehicle, plant, appliance or equipment belonging to the council and the repair and maintenance, for reward, of any vehicle, plant, appliance or equipment not owned by the council;

(o) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(q) the establishment and maintenance of a firefighting service, including the acquisition of property and equipment and training of personnel for the service, and the protection of the community government area from fire;

(r) the promotion and development of tourist attractions, the provision and maintenance of tourist facilities and the production and selling of artefacts and souvenirs; and

(s) the management and control of sites of historic interest, and the support and encouragement of artistic, cultural and sporting activities.

(1) Subject to subclause (2), all land within the community government area is rateable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(2) Land is not rateable if it is land of a description which would be exempt from rating by a council of a municipality under section 58(2) of the Act.

(3) Without limiting the powers of charging conferred on the council by section 122(3) of the Act, charges are payable by reason of a person's residence in the community government area, or his or her carrying on a business in the area or being a registered proprietor of an interest in real property in the area, whether or not that person uses any service provided.

(4) The council may exempt land or persons, or any class of land or persons, from all or part of the rates or charges for which they would otherwise have been liable by virtue of this clause.

(5) The council may, where a group gives its consent, take control of and manage activities of that group which are consistent with the council's functions.

A person is eligible to vote at a council election if that person is enrolled or entitled to be enrolled as an elector within the meaning of the Electoral Act and has ordinarily resided in the community government area for not less than 1 year immediately before the closure of the electoral roll under clause 14(4).

(1) The clerk shall maintain, by such means as is thought 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.

(2) A resident may inspect the electoral roll at the office of the council when the office is open.

(3) A person who is otherwise eligible to vote but is not enrolled may apply for enrolment in such manner as the clerk approves.

(4) The clerk shall close the electoral roll at 12 noon on the day occurring 21 days before election day.

(5) Except as provided by clause 27(2) or to correct an oversight in the making up of the electoral roll, the clerk shall not add any name to the electoral roll in the period between its closure and the conclusion of the election.

(2) An election shall be held on a day fixed by the Council in accordance with subclause (3).

(3) The first election shall be held no later than 31 March 1996 and subsequent elections shall be held on a day in March in each third calendar year after the end of that year or, where an election is held under clause 39, in every third calendar year after the date of that election.

(1) The clerk shall give not less than 28 days notice before an election day that an election is to be held.

(2) An election notice shall be prominently displayed at such places in the community government area as the clerk considers likely to reasonably ensure that all residents who are eligible to vote have notice of the election.

(b) the persons who may nominate other persons, and who may be nominated, as candidates;

and shall also 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 a member of the council if he or she is eligible to vote under clause 13.

(2) A person who is enrolled under clause 14 may, by lodging a written nomination with the clerk, nominate for election to the council another person or persons eligible for nomination under subclause (1).

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

(4) The clerk may, at any time before close of nominations, accept a recent photograph which, in the opinion of the clerk, is suitable for the purpose of display under subclause (7) and clause 23(1).

(5) A candidate may withdraw consent to his or her nomination at any time before the close of nominations.

(6) Nominations of candidates for election shall close at 12 noon on the day occurring 14 days before election day.

(7) As soon as practicable after nominations have closed, the clerk shall display a list of the names of the candidates and the photographs referred to in subclause (4) (if any) in the same places as the election notice.

(1) Where, at the close of nominations under clause 18(5), not more than 12 persons have been nominated as candidates (disregarding any nomination that has lapsed) the clerk shall:

(a) by a notice displayed in the same places as the election notice, declare those persons to be the members of the council; and

(b) not more than 10 days after the close of nominations, forward to the Minister a copy of the notice.

(2) Where at the close of nominations there are more than 12 persons as candidates, an election to decide among them shall be held on election day.

(3) 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 not more than 12 persons, subclause (1) shall apply instead, as if the candidate had withdrawn before the close of nominations.

(1) Where an election is to be held under clause 19(2), the clerk shall cause to be prepared or printed in sufficient numbers for the purposes of the election tokens for use by those voting in person and ballot-papers for use in postal voting.

(2) The clerk shall determine, by lot, the order of the names of candidates on a ballot-paper.

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

(2) The clerk shall not appoint a member of the council or a candidate, or a spouse or de facto partner of a member or candidate, to be a polling official.

(2) The polling place shall have within it a voting area in which a voter is able to cast votes without being observed otherwise than by the clerk, a polling official or a person authorised under clause 29(6).

(1) The clerk shall provide in a voting area, for each candidate, a container clearly marked with the name of the candidate which shall have affixed to it a photograph of the candidate if accepted under clause 18(4).

(2) A further container, clearly marked "unused voting tokens", shall be provided by the clerk in which voters may place unused voting tokens and clause 24 shall apply as if it were a voting container.

(3) Each container shall be securely fastened and have a slit in the upper side through which voting tokens may be put into the container.

The clerk or polling official shall, 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 each voting container empty, securely fasten its cover or lid and ensure that it remains securely fastened during the hours of polling.

The clerk shall ensure that the polling place is open and remains open for voting between the hours of 8 am and 1 pm on the day of an election.

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

(2) One scrutineer for each candidate is entitled to remain in the polling place with the clerk or polling officials to observe the conduct of the voting and counting of votes.

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

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

(2) Where the clerk is satisfied that a person whose name has not been entered on the roll is eligible under clause 13 to vote, the clerk shall, upon the person signing a declaration that an application for enrolment was made before the closure of the roll under clause 14(4):

A voter, and any person assisting the voter under clause 29(6), shall remain in the polling place only for the time necessary for the voter to vote.

(1) A voter shall state his or her name to the clerk or polling official, who shall:

(b) if a line has not been drawn through that name, draw a line through the name or, where the clerk has provided for or prescribed another method of indicating that voting tokens have been issued, and that method has not been complied with, comply with that method; and

(2) The voter shall take the voting tokens into the voting area and vote by placing one token in the container relating to each of the 12 candidates of the voter's choice.

(5) Subject to subclause (6), no person other than a voter who has been issued with a voting token shall vote with the voting token.

(6) Where the clerk or official in charge of the polling place is satisfied that a voter is, for any reason, unable to vote without assistance, the voter may appoint a person to assist him or her and the clerk or official shall permit that person to accompany the voter into the voting area and vote on the voter's behalf.

(7) Before leaving the voting area, a voter shall place any unused voting tokens in the container provided for that purpose.

(b) will be absent from the community government area during the hours when the polling place will be open; or

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

(3) Where, before election day the clerk receives an application for a postal ballot-paper and the name of the applicant is on the electoral roll, the clerk shall:

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

(b) write the letters "PBP" against the name of the applicant on the electoral roll or, where the clerk has provided for or prescribed another method of indicating that a postal ballot-paper has been issued, comply with that method.

(4) An applicant who receives a postal ballot-paper shall vote by marking "X" in the boxes opposite the names of the 12 candidates of the voter's choice.

(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 clerk.

(6) Where the clerk, on or before 1 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk shall retain the envelope unopened and in safe custody until the counting of votes.

(7) Where the clerk, after 1 pm on election day, receives an envelope apparently containing a postal ballot-paper, the clerk shall mark the envelope "rejected" and the envelope shall not be opened and votes on that ballot-paper shall not be counted.

(8) The clerk shall, in accordance with clause 35, retain each envelope marked "rejected" until after the election as if a ballot-paper referred to in that clause.

(1) After 1 pm on election day and as soon as voting has finished, the clerk and polling officials shall, in the presence of a scrutineer or at least one other person who is eligible to vote but is not a candidate:

(a) open any postal ballot-papers retained by the clerk under clause 30(6) and, subject to subclause (2), count and record the number of postal votes received by each candidate;

(b) open the voting containers and count and record the number of voting tokens received by each candidate; and

(2) During the counting of votes the clerk shall, subject to subclause (3), set aside as an informal vote a ballot-paper where the voter has failed to comply with clause 30(4).

(3) A ballot-paper shall not be set aside under subclause (2) by reason only that the voter has marked it otherwise than in the manner required by clause 30(4) if, or to the extent that, in the opinion of the clerk, the voter's intention is clearly shown, or that fewer than 12 candidates were voted for.

(4) After counting, voting tokens shall be replaced in the containers from which they came.

(5) After completion of counting, the clerk shall prepare a written statement which sets out the number of postal ballot-papers received and the total number of voting tokens counted and reconcile with the number of names on the electoral roll in respect of which an indication has been given under clause 29(1)(b) or 30(3)(b) that tokens or a ballot-paper have been issued.

(6) The clerk shall, as soon as practicable after counting the votes, sign a certificate stating:

(e) the number of postal ballot-papers issued by the clerk and the number of them included in the count;

(1) The clerk may, if the clerk 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) shall contain a statement of the reasons for the request.

(1) The clerk shall, 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 is or was displayed.

(a) list the names of the candidates in the order in which they appeared on the ballot-paper and state the number of votes received by each; and

(i) declare the 12 candidates with the most votes elected as the members of the council; and

(ii) declare the candidates with the highest and second highest numbers of votes to be President and Vice-President respectively.

(3) To the extent that compliance with subclause (2)(b) is impossible by reason of an equality of votes between any 2 or more candidates, the clerk shall arrange for lots to be drawn to decide which of them shall be declared elected, and the clerk's notice under subclause (1) shall record that the person or persons declared by virtue of this subclause was or were selected by lot.

Not later than 10 days after an election day the clerk shall forward to the Minister:

(1) After the counting of the votes has been completed and the relevant candidates declared elected, the clerk shall:

(a) keep the postal ballot-papers in a sealed package unopened for 6 months and shall then destroy the unopened package; and

(1) If it appears to the clerk to be necessary or desirable to do so by reason of:

(c) any other event which, in the opinion of the clerk, may temporarily prevent or discourage significant numbers of voters from voting on a day set aside for an election,

the clerk may adjourn polling at an election from day to day to a maximum of 21 days.

(2) The clerk shall take such steps as the clerk considers necessary and practicable to inform persons entitled to vote of an adjournment under subclause (1).

(3) Where polling has been adjourned under subclause (1), clause 30(6) and (7) and clause 31(1) shall have effect as if the reference in those clauses to election day were a reference to the day on which voting is finally concluded.

(1) Subject to clause 39, where the office of a member is or becomes vacant for any reason, a person who:

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

a by-election for the vacant office shall be held in accordance with this clause unless an election is required, under clause 15, to be held not later than 6 months after the date the office becomes vacant.

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

Where a new council is to be elected under this scheme and the clerk is also a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.

(1) If all the members of the council cease to be members, or a quorum is not present on 3 consecutive occasions at the place and within 1 hour after the time specified for a council meeting, the clerk shall be deemed to constitute the council for the purposes of:

(b) exercising a power of the council under this scheme until the election of a new council under this clause.

(2) Subject to this scheme, when the clerk deter-mines under subclause (1)(a) the date of an election of a new council, the date determined shall be as soon as is practicable and, in any case, not later than 6 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 6 months referred to in that subclause expires during the month in which a general election of members would otherwise be held under clause 15(2), the clerk shall determine the date of the election to be a day of that month.

(4) The term of office of a council elected under this clause shall expire on the declaration of the result of the next election held on a day fixed under clause 15(2).

(5) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk shall appoint a person whose name appears on the electoral roll as an assistant to the clerk.

1. The Alpurrurulam Community Government Scheme, under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Schemes	Date of approval	Date notified in the Gazette	Date of commencement
Original	5 Feb 1996	9 Feb 1996	9 Feb 1996
Act No. 1, 2004	–	–	17 Mar 2004 (b)
Act No. 12, 2004	–	–	15 Mar 2004 (a)

(a) See section 2, section 2 of the Electoral Act 2004 and Gazette S6, dated 15 March 2004.

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

(SL No. , )
Notified
Commenced
(SL No. , )
Notified
Commenced

Northern Territory Repealed Regulations

ALPURRURULAM COMMUNITY GOVERNMENT SCHEME