Regulation 9(4)

1.    Interpretation

In this Schedule –

appointed day means the day appointed for holding an election under clause 3 ;

election means an election of a member of the Board referred to in regulation 9(2)(b)(i) or (ii) ;

returning officer means a person appointed by the Board under clause 2 .

2.    Appointment and functions of returning officer

(1) The Board must appoint a person as the returning officer for the purposes of an election of a member of the Board.

(2) The returning officer, if he or she is otherwise qualified to vote at the relevant election, is entitled to vote in the same manner as if he or she had not been appointed as the returning officer for that election.

(3) The returning officer, subject to these regulations, is to determine all questions of detail relating to the relevant election and the validity or otherwise of any ballot paper.

3.    Notice of holding election

(1) The Board, by notice in the Gazette , is to appoint a day for the holding of an election.

(2) A notice under subclause (1) is to specify –

(a) the place at which it is proposed to hold the election to which the notice relates; and

(b) the day, which is not less than 21 days before the appointed day, and the hour of that day on or before which nominations are to be received by the returning officer.

4.    Nominations

(1) A nomination of a person as a candidate for an election –

(a) is to be in accordance with a form approved by the Board; and

(b) is to be signed by 2 persons who –

(i) are contributors or members of Parliament to whom the Retirement Benefits (Parliamentary Superannuation) Regulations 2002 apply, in respect of a nomination of a person to be a member of the Board under regulation 9(2)(b)(i) ; or

(ii) are members of the accumulation scheme or members whose entitlements under these regulations arise only from an account established under regulation 62 or 68 , in respect of a nomination of a person to be a member of the Board under regulation 9(2)(b)(ii) ; and

(c) is to state the full name of the person nominated; and

(d) subject to subclause (2) , is to contain the written consent of the person nominated; and

(e) is to be forwarded to, or lodged at, the office of the returning officer at or before the hour specified in a notice under clause 3 .

(2) A person who is nominated as a candidate for an election –

(a) in the case of a person who is not absent from Tasmania at the time of his or her nomination, may signify consent to the returning officer by facsimile; or

(b) in the case of a person who is so absent, may signify consent to the returning officer –

(i) by facsimile; or

(ii) by letter sent by post or affixed to the nomination form –

if the facsimile or letter is received by the returning officer before the hour specified in a notice under clause 3 .

(3) Where a person nominates to be a member of the Board under both subparagraphs (i) and (ii) of regulation 9(2)(b) , he or she must notify the returning officer in writing, at the time of so nominating, which position he or she will accept in the event that he or she is successful in both elections.

(4) The returning officer must not disclose to any person a notification under subclause (3) until he or she has complied with clause 11 and it is necessary to do so.

Penalty:  For breach of this subclause, fine not exceeding 5 penalty units.

5.    Persons declared elected without election

If only one person is nominated as a candidate for an election, the returning officer must –

(a) immediately declare that person elected; and

(b) report to the Board and the Minister accordingly.

6.    Where election must take place

(1) If more than one person is nominated as a candidate for an election, the returning officer must –

(a) cause to be printed a sufficient number of ballot papers in accordance with a form approved by the Board; and

(b) not less than 14 days before the appointed day, deliver or send by post to every person who is entitled to vote at the election –

(i) a ballot paper bearing the returning officer's signature or initials written or stamped on the back; and

(ii) an envelope addressed to the returning officer to contain the ballot paper when returned and having endorsed on its flap a certificate by the returning officer that the person to whom it has been delivered or sent is entitled to vote at the election.

(2) At least 14 days before the appointed day, the Board is to provide to the returning officer a list of all persons who are entitled to vote under clause 7(1) stating the last known postal address of each such person.

7.    Persons who are entitled to vote

(1) A person is entitled to one vote at an election if –

(a) in the case of the election of a person to be a member of the Board under regulation 9(2)(b)(i) , he or she is a contributor or a member of Parliament to whom the Retirement Benefits (Parliamentary Superannuation) Regulations 2002 apply; or

(b) in the case of the election of a person to be a member of the Board under regulation 9(2)(b)(ii) , he or she is a member of the accumulation scheme or a person whose entitlement under these regulations arises only from an account established under regulation 62 or 68 .

(2) A person who is eligible to vote for a member of the Board under regulation 9(2)(b)(i) and (ii) may vote only for a member of the Board under regulation 9(2)(b)(i) .

(3) A person who holds more than one account in the Fund is eligible for only one vote in an election for a member of the Board.

8.    Persons who vote

A person who votes at an election must –

(a) mark the ballot paper in the manner provided by the Electoral Act 2004 in respect of an election of one member for an electoral division under that Act; and

(b) sign his or her name on the certificate on the envelope sent by the returning officer; and

(c) fold up the ballot paper so that the vote cannot be seen and deliver or send it by prepaid post, enclosed in the envelope sent by the returning officer, so that the ballot paper reaches the returning officer not later than the time for the close of business on the appointed day.

9.    Scrutineers

(1) The returning officer may appoint 2 scrutineers for an election, and a candidate, by writing addressed to the returning officer, may appoint one scrutineer for an election.

(2) A scrutineer appointed under subclause (1) may be present when the counting of votes takes place at the election.

10.    Scrutiny of votes

(1) All ballot papers received by the returning officer not later than the time prescribed by clause 8(c) are to be dealt with at the scrutiny which must take place as soon as practicable after that time.

(2) The returning officer, immediately before the scrutiny and in the presence of any scrutineers present, must –

(a) open every envelope containing a ballot paper; and

(b) without inspecting or unfolding the ballot paper contained in the envelope, deposit the ballot paper in a locked ballot box.

(3) The returning officer, in the presence of any scrutineers present, must –

(a) open the ballot box and take out the ballot papers deposited in it; and

(b) count the votes recorded on the ballot papers in accordance with the Electoral Act 2004 ; and

(c) reject every ballot paper that is informal.

(4) For the purposes of subclause (3) , a ballot paper is informal if –

(a) it does not bear the signature or the initials of the returning officer; or

(b) it bears a mark by which the voter can be identified; or

(c) it does not reach the returning officer in a closed envelope at or before the time prescribed by clause 8(c) .

(5) If there is an equal number of votes for 2 or more candidates, the returning officer, in accordance with the Electoral Act 2004 , must decide which of those candidates is to be elected or discarded.

(6) The returning officer must preserve the ballot papers, envelopes in which the ballot papers were received and other papers connected with the election for a period of not less than 3 months after the election.

11.    Result of election

After counting the votes, the returning officer must –

(a) declare elected the candidate who first receives an absolute majority of the votes cast at the election; and

(b) report to the Board and the Minister accordingly.