New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 9)
In this Schedule:
"close of nominations" for an election means the final time and date fixed by
the returning officer for the close of nominations for the election.
"close of the ballot" for an election means the final time and date fixed by
the returning officer for the close of the ballot for the election.
"election" means an election for the purposes of electing a member or members
of the Board in accordance with section 60 (1) (d) of the Act.
"returning officer" means:
(a) the Electoral Commissioner for New South Wales, or
(b) a person employed in the office of and nominated by the Electoral Commissioner for the purpose of exercising the functions conferred or imposed on a returning officer by this Regulation.
(1) As soon as possible after having been notified in writing by or on behalf of the Minister that one or more members of the Board are required to be elected, the returning officer must cause notice of that fact:(a) to be sent to the Registrar, and(b) to be published in a newspaper circulating generally throughout the State and on a website of the Board.
(2) The notice to be published in the newspaper:(a) must state that an election is to be held, and(b) must specify the number of members required to be elected, and(c) must call for nominations of candidates, and(d) must specify the time and date for the close of nominations, and(e) must advise where nomination forms may be obtained and where nominations may be lodged, and(f) must specify the qualifications that qualify a person to nominate a candidate or be nominated as a candidate.
(3) The date fixed for the close of nominations must not be earlier than 21 days, or later than 28 days, after the date on which the notice is published.
(1) The returning officer may postpone the close of nominations for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice calling for the nomination of candidates.
(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
A person is qualified to nominate a candidate for election as an elected member of the Board if the person is an architect as at the close of nominations.
A person is eligible for nomination as a candidate at an election if the person is an architect as at the close of nominations.
(1) A nomination of a candidate:(a) must be in a form approved by the Director-General, and(b) must be made by at least 5 persons (other than the candidate) who are qualified to nominate a candidate, and(c) must include the written consent to the nomination by the nominee, and(d) must be lodged with the returning officer before the close of nominations.
(2) If the returning officer is of the opinion that an insufficient number of the persons by whom a candidate has been nominated are qualified to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
(3) For the purpose of enabling the returning officer to form an opinion:(a) as to whether a person by whom a candidate in an election has been nominated is qualified to nominate a candidate, or(b) as to whether a person who has been nominated is eligible for nomination,the returning officer may require the Registrar to furnish the returning officer with such information regarding the person as the returning officer may specify.
(4) A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.
If the number of persons who have been duly nominated as candidates for an election by the close of nominations does not exceed the number of persons to be elected, each of those persons is taken to have been elected.
If the number of persons who have been duly nominated as candidates for an election by the close of nominations exceeds the number of persons to be elected, a ballot must be held.
(1) A candidate for election may, at any time before the close of nominations, submit a statutory declaration, in a form approved by the Director-General, to the returning officer containing information intended for inclusion in a candidate information sheet.
(2) As soon as practicable after the close of nominations, the returning officer must, if a ballot is required to be held for the election, draw up a candidate information sheet consisting of the information, if any, submitted to the returning officer under this clause.
(3) The returning officer may, when drawing up a candidate information sheet, reject any information submitted if the returning officer considers that the information is:(a) inappropriate for inclusion in a candidate information sheet, or(b) false or misleading in a material particular, or(c) more than 100 words in length.
(4) If the returning officer rejects information under subclause (3), he or she is to give the candidate notice that the information is unsuitable and give the candidate 7 days to provide suitable information.
(5) If the candidate does not provide information that the returning officer considers to be suitable within those 7 days, no information about the candidate is to be included on the candidate information sheet.
(6) Information concerning candidates must appear on a candidate information sheet in the same order in which the candidates are listed on the ballot-paper relating to them.
A person who is an architect at the close of nominations is qualified to vote in an election.
(1) As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be held in respect of an election, the returning officer must cause notice of that fact to be sent to the Registrar.
(2) The Registrar must provide the returning officer with:(a) a roll consisting of a list of all architects as at the date of close of nominations, and(b) an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.
(3) The roll:(a) must contain the names (consecutively numbered and listed in alphabetical order) and addresses of the architects included in the roll, and(b) must be certified by the Registrar in a form approved by the Director-General.
(4) This clause does not apply to an election held as a consequence of an earlier election that has failed if a roll for the earlier election has already been provided to the returning officer.
(1) As soon as practicable after receiving the roll for the election, the returning officer must cause notice that a ballot is to be held to be published in a newspaper circulating generally throughout the State.
(2) The notice:(a) must state that a ballot is to be taken, and(b) must fix a time and date for the close of the ballot.
(3) The close of the ballot must be not earlier than 28 days after the notice is published.
(1) The returning officer may postpone the close of the ballot for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice stating that a ballot is to be held.
(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
(1) As soon as practicable after the close of nominations in an election, the returning officer:(a) must determine the order in which the candidates' names are to be listed on a ballot-paper by means of a ballot held in accordance with the procedure prescribed for the purposes of section 82A of the Parliamentary Electorates and Elections Act 1912 , and(b) must cause sufficient ballot-papers to be printed to enable a ballot-paper to be sent to each person included in the roll for the election, and(c) if a candidate information sheet has been drawn up, must cause sufficient copies to be printed so that a copy may be sent to each person included in that roll.
(2) A ballot-paper for an election must contain:(a) the names of the candidates arranged in the order determined in accordance with subclause (1) (a), with a small square set opposite each name, and(b) if the returning officer considers that the names of 2 or more of the candidates are so similar as to cause confusion, such other matter as the returning officer considers will distinguish between the candidates, and(c) such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.
(3) The directions to voters must include a direction that:(a) the voter must record a vote for at least the number of candidates to be elected by placing consecutive numbers (beginning with the number "1" and ending with the number equal to the number of candidates to be elected) in the squares set opposite the candidates' names in the order of the voter's preferences for them, and(b) the voter may, but is not required to, vote for additional candidates by placing consecutive numbers (beginning with the number next higher than the number of candidates to be elected) in the square set opposite the candidates' names in the order of the voter's preferences for them.
As soon as practicable after the printing of the ballot-papers for an election, the returning officer must send to each person included in the roll for the election:
(a) a ballot-paper initialled by the returning officer (or by a person authorised by the returning officer) or that bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912 , and
(b) an unsealed reply-paid envelope addressed to the returning officer and bearing on the back the words "NAME AND ADDRESS OF VOTER" and "SIGNATURE OF VOTER", together with appropriate spaces for the insertion of a name, address and signature, and
(c) if applicable, a candidate information sheet.
(1) At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:(a) that the original ballot-paper has been spoilt, lost or destroyed, and(b) that the voter has not already voted in the election to which the ballot-paper relates.
(2) The returning officer must maintain a record of all duplicate ballot-papers issued under this clause.
In order to vote in an election, a person:
(a) must record a vote on the ballot-paper in accordance with the directions shown on it, and
(b) must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer, and
(c) must seal the envelope, and
(d) must complete the person's full name and address on, and must sign, the back of the envelope, and
(e) must return the envelope to the returning officer so as to be received before the close of the ballot.
(1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.
(2) The returning officer must examine the name on the back of the envelope and, without opening the envelope:(a) must accept the ballot-paper in the envelope and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the roll for the election, or(b) must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.
(3) The returning officer may reject a ballot-paper in an envelope without opening the envelope if, after making such inquiries as the returning officer thinks fit:(a) the returning officer is unable to identify the signature on the back of the envelope, or(b) it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
The result of a ballot must be ascertained by the returning officer as soon as practicable after the close of the ballot.
Each candidate in a ballot is entitled to appoint, by notice in writing, a scrutineer to represent the candidate at all stages of the scrutiny.
(1) The scrutiny of votes in a ballot is to be conducted as follows:(a) the returning officer must produce unopened the envelopes containing the ballot-papers accepted for scrutiny,(b) the returning officer must then open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box,(c) when the ballot-papers from all the envelopes so opened have been placed in the ballot-box, the returning officer must then unlock the ballot-box and remove the ballot-papers,(d) the returning officer must then examine each ballot-paper and reject those that are informal,(e) the returning officer must then proceed to count the votes and ascertain the result of the election.
(2) At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if:(a) it is neither initialled by the returning officer (or by a person authorised by the returning officer) nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912 , or(b) it has on it any mark or writing that the returning officer considers could enable any person to identify the voter who completed it, or(c) it has not been completed in accordance with the directions shown on it.
(3) A ballot-paper must not be rejected as informal:(a) merely because there is any mark or writing on it that is not authorised or required by this Regulation (not being a mark or writing referred to in subclause (2) (b)) if, in the opinion of the returning officer, the voter's intention is clearly indicated on the ballot-paper, or(b) if the voter has recorded a vote by placing in one square the number "1":(i) merely because the same preference (other than a first preference) has been recorded on the ballot-paper for more than one candidate, or(ii) merely because there is a break in the order of preferences recorded on the ballot-paper.
(1) If there is only one person to be elected in any election:(a) the method of counting the votes so as to ascertain the result of the election is as provided in Part 2 of the Seventh Schedule to the Constitution Act 1902 , and(b) for the purpose of applying the provisions of that Part to any such election, a reference in those provisions to the returning officer is to be read as a reference to the returning officer under this Regulation.
(2) If there are 2 persons to be elected in any election:(a) the method of counting the votes so as to ascertain the result of the election is as provided in Part 2 of the Sixth Schedule to the Constitution Act 1902 , and(b) for the purpose of applying the provisions of that Part to any such election:(i) a reference in those provisions to the Council returning officer is to be read as a reference to the returning officer under this Regulation, and(ii) the quota referred to in those provisions is to be determined by dividing the number of first preference votes for all candidates by 3 and by increasing the quotient so obtained (disregarding any remainder) by one.
As soon as practicable after a candidate or candidates in an election has or have been elected, the returning officer must notify the Minister, in writing, of the name of the candidate or candidates elected.
If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in any election, the decision of the returning officer on that matter is final.
If a candidate dies after the close of nominations and before the close of the ballot:
(a) the returning officer is to cause notice of the death to be published in the Gazette, and
(b) all proceedings taken after the Minister notified the returning officer that the election was required to be held are of no effect and must be taken again.
A person must not:
(a) vote, or attempt to vote, more than once in any election held under this Regulation, or
(b) vote, or attempt to vote, in any such election in which the person is not entitled to vote, or
(c) make a false or wilfully misleading statement (not being a statement verified by statutory declaration):(i) to the returning officer in connection with any such election, or(ii) in any document that the person furnishes for the purposes of any such election.
Maximum penalty: 5 penalty units.