Community Services (Aborigines) Regulation 1998

Queensland Community Services (Aborigines) Act 1984 COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 Reprinted as in force on 23 December 2003 (includes commenced amendments up to 2003 SL No. 385) Reprint No. 2G This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This regulation is reprinted as at 23 December 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Queensland COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 2—ABORIGINAL COUNCILS Division 1—Membership 4 Membership of Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5 Proposal to decide other number of councillors . . . . . . . . . . . . . . . . . . . . . . 22 6 Resolution of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 7 Petition by electors of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8 Minister to make decision about resolution or petition. . . . . . . . . . . . . . . . . 23 9 Change in membership takes effect at next quadrennial election . . . . . . . . . 24 Division 2—Qualifications and disqualifications for membership of Aboriginal council 10 General qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 11 General disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11A Disqualification and vacation of office for certain offences . . . . . . . . . . . . . 26 11B Review of lawfulness of membership of Aboriginal council . . . . . . . . . . . . 27 11C Councillor ceases to be councillor on becoming candidate for the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 11D Termination of Aboriginal council employment on becoming councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3—Term of office and vacancies in office 12 Term of office as appointed councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 13 When councillor’s office becomes vacant . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2 Community Services (Aborigines) Regulation 1998 14 Filling of earlier vacancies by by-election . . . . . . . . . . . . . . . . . . . . . . . . . . 29 15 Filling of later vacancies by appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 4—Provisions for Mapoon Aboriginal Council area 15A Purpose of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 15B Establishment of Mapoon Aboriginal Council and its first election . . . . . . . 30 15C Interim council clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 15D Budget to 30 June 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 3—CHAIRPERSON OF ABORIGINAL COUNCIL Division 1—Appointment of chairperson and related matters 16 Membership of Aboriginal councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 17 Duration of appointment of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 18 Vacating office of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 19 Office of chairperson may be declared vacant. . . . . . . . . . . . . . . . . . . . . . . . 32 Division 2—Direct election of chairperson 20 Process for direct election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 21 Proposal for direct election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 22 Resolution of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 23 Petition by electors of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 24 Minister to make decision about resolution or petition. . . . . . . . . . . . . . . . . 34 25 Direct election of chairperson takes effect at next election. . . . . . . . . . . . . . 34 PART 4—ELECTIONS FOR ABORIGINAL COUNCILS 26 Election of councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 PART 5—ABORIGINAL COUNCIL MEETINGS Division 1—Post-election meetings 27 Post-election meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 28 Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 29 Clerk to preside at post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 2—Meetings generally 30 Other meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 31 Place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 32 Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 33 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3 Community Services (Aborigines) Regulation 1998 34 Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 35 Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 36 Notice of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 37 Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38 Minutes to be kept and confirmed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39 Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . . . . . . . . . . 39 40 Meetings may be closed for limited reasons . . . . . . . . . . . . . . . . . . . . . . . . . 39 41 Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 42 Public notice of resolution authorising remuneration . . . . . . . . . . . . . . . . . . 40 43 Inspection of minutes of meetings and their purchase . . . . . . . . . . . . . . . . . 41 PART 6—FINANCIAL ADMINISTRATION Division 1—Financial administration of Aboriginal councils 44 Community funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 45 General fund of Aboriginal council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 46 Trust fund of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 47 Administration and financial procedures manual . . . . . . . . . . . . . . . . . . . . . 42 48 Financial information to be presented to post-election meeting . . . . . . . . . . 43 49 Approved forms for annual financial statements. . . . . . . . . . . . . . . . . . . . . . 43 Division 2—Register of councillor’s pecuniary interests 50 Register of pecuniary interest disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 PART 7—CLERK OF ABORIGINAL COUNCIL 51 Employment of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 52 Role of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 53 Acting clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 8—ABORIGINAL COURTS 54 Procedures and enforcement of decisions of Aboriginal Courts . . . . . . . . . . 45 55 Jurisdiction of court includes power to make fine option order . . . . . . . . . . 46 56 Clerk of Aboriginal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 57 Record of court proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 PART 9—ABORIGINAL COORDINATING COUNCIL Division 1—Chairperson and deputy chairperson of Aboriginal Coordinating Council 58 Appointment of chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . 46 4 Community Services (Aborigines) Regulation 1998 59 Vacating office of chairperson or deputy chairperson . . . . . . . . . . . . . . . . . . 46 60 Office of chairperson or deputy chairperson may be declared vacant. . . . . . 47 61 Quorum for meetings of executive committee . . . . . . . . . . . . . . . . . . . . . . . 47 Division 2—Financial administration of Aboriginal Coordinating Council 62 Community funds of Aboriginal Coordinating Council . . . . . . . . . . . . . . . . 47 63 General fund of Aboriginal Coordinating Council . . . . . . . . . . . . . . . . . . . . 47 64 Trust fund of Aboriginal Coordinating Council . . . . . . . . . . . . . . . . . . . . . . 48 PART 10—ABORIGINAL COUNCIL AREAS 64A Declaration of council areas—Act, s 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 PART 10A—COMMUNITY JUSTICE GROUPS 64B Establishment of community justice groups—Act, s 86(1) . . . . . . . . . . . . . 48 64C Criminal history checks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 PART 11—MISCELLANEOUS Division 1—Forms 65 Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 2—Financial controllers 65A Appointment of financial controller—Lockhart River Aboriginal Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 PART 12—TRANSITIONAL PROVISIONS 66 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 67 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 68 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 69 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 70 Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 71 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 5 Community Services (Aborigines) Regulation 1998 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 52 ELECTIONS PART 1—GENERAL 266 Quadrennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 267 Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 268 Elections to be held on a Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 269 Date of quadrennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 270 Date of by-elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 271 Aboriginal councils responsible for expenditure for conducting elections . . 53 PART 2—RETURNING OFFICERS 272 Clerk is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 273 Appointment of returning officer in place of the clerk . . . . . . . . . . . . . . . . . 53 274 Returning officer’s duty for by-election . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 PART 3—VOTERS ROLL 275 Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . 55 276 Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 277 Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 278 Use of electoral roll when practicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 279 Requirements of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 280 Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . . . . . . . . 56 281 Electoral registrars to help returning officers . . . . . . . . . . . . . . . . . . . . . . . . 56 PART 4—VOTING 282 Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 283 System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 PART 5—(omitted) PART 6—CONDUCT OF ELECTIONS Division 1—Preliminary 289 Conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2—Electoral officers 290 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 291 Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 292 Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 6 Community Services (Aborigines) Regulation 1998 293 Issuing officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 294 Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 295 Returning officer may act through other officers. . . . . . . . . . . . . . . . . . . . . . 59 296 Assistant returning officer may act through certain authorised officers . . . . 59 297 Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 3—Candidates for election or appointment 298 Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 299 Prohibition of dual candidature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 300 Leave to Aboriginal council employee to contest election . . . . . . . . . . . . . . 61 Division 4—Nominations of candidates for election 301 Calling for nominations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 302 Who may nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 303 How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 304 Nomination fee to accompany nomination . . . . . . . . . . . . . . . . . . . . . . . . . . 62 305 Special grounds for deciding a person is not properly nominated . . . . . . . . 63 306 Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 307 Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 308 Termination of candidature before noon on nomination day . . . . . . . . . . . . 64 309 Death of candidate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 310 Procedure if number of candidates not more than number required . . . . . . . 64 311 Procedure if number of candidates exceeds number required. . . . . . . . . . . . 65 312 Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 313 Procedure on death of candidate when poll to be conducted . . . . . . . . . . . . 66 314 Disposal of nomination fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 315 If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 316 Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 5—(omitted) Division 6—Polling booths 319 Polling booths—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 320 Provision of ordinary polling booths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 321 Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 322 Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 7 Community Services (Aborigines) Regulation 1998 323 Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 7—Ballot boxes, papers and other documents 324 Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 325 Requirements of ballot papers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 326 Separate ballot papers for separate polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 327 Order of listing of candidates’ names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 328 Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 329 Correction of errors etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 8—Scrutineers 330 Candidates’ entitlement to scrutineers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 331 Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 332 Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 333 Powers of scrutineers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 9—Voting generally 334 Who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 335 When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 336 Procedure for voting at a polling booth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 337 Duties of issuing officer for returned papers . . . . . . . . . . . . . . . . . . . . . . . . . 77 338 Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 339 Arrangements for electors at institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 340 Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 341 Help for electors in voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 342 Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 10—Declaration voting 343 Who may cast a declaration vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 344 Who must cast a declaration vote in ordinary elections . . . . . . . . . . . . . . . . 81 345 Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . . . . . . . . . 82 346 How declaration vote is cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 346A Distribution of ballot papers to certain electors who may cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 347 Distribution of ballot papers to other electors who may or must cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 8 Community Services (Aborigines) Regulation 1998 348 How declaration vote may be cast at a polling booth . . . . . . . . . . . . . . . . . . 84 349 Distribution of ballot papers to electors for postal ballot election . . . . . . . . 85 350 Record of ballot papers given to postal voters . . . . . . . . . . . . . . . . . . . . . . . 85 351 Casting a declaration vote by post. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 352 Declaration voting before polling day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 353 Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 11—Marking of ballot papers 354 Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 355 First-past-the-post voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 12—Replacement ballot papers 356 Use of replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 13—Effect of ballot papers 357 Effect of ballot papers—optional-preferential voting . . . . . . . . . . . . . . . . . . 90 358 Effect of ballot papers—first-past-the-post voting . . . . . . . . . . . . . . . . . . . . 90 359 Posted vote presumed valid until contrary proved . . . . . . . . . . . . . . . . . . . . 91 360 Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 361 Ballot paper partly formal and partly informal . . . . . . . . . . . . . . . . . . . . . . . 91 Division 14—Counting of votes 362 Votes to be counted in accordance with this division . . . . . . . . . . . . . . . . . . 92 363 Preliminary counting by presiding officer. . . . . . . . . . . . . . . . . . . . . . . . . . . 92 363A Preliminary processing of declaration votes by returning officer—postal ballot election) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 364 Preliminary processing of declaration votes by returning officer (words omitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 365 Procedure for processing declaration envelopes . . . . . . . . . . . . . . . . . . . . . . 94 366 Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 367 Treatment of ballot paper to which objection is made . . . . . . . . . . . . . . . . . 97 368 Counting of votes for optional-preferential system. . . . . . . . . . . . . . . . . . . . 97 369 Counting of votes for first-past-the-post system . . . . . . . . . . . . . . . . . . . . . . 97 370 Returning officer’s duty after counting votes . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 15—Actions following poll 371 Declaration of poll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 9 Community Services (Aborigines) Regulation 1998 372 Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 373 Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . . . . . . . . . 100 374 List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 375 Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 376 Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 377 Recording response to notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 378 Evidentiary value of list under s 374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 379 Disposal of material resulting from election . . . . . . . . . . . . . . . . . . . . . . . . . 103 380 Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 381 Notice to electors whose ballot papers are not accepted . . . . . . . . . . . . . . . . 104 382 Notice to electoral commission of certain declaration votes. . . . . . . . . . . . . 104 Division 16—Enforcement Subdivision 1—Offences in general 383 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 384 False, misleading or incomplete electoral documents. . . . . . . . . . . . . . . . . . 105 385 Bribery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 386 Providing money for illegal payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 387 Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 388 Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 389 Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 390 Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 391 No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Subdivision 2—Offences about electoral advertising and information 392 Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 392A Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 393 Headline to electoral advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 394 Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Subdivision 3—Offences about voting 395 Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 396 Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 397 Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 398 Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 10 Community Services (Aborigines) Regulation 1998 399 Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 400 Party badges not to be worn in polling booths . . . . . . . . . . . . . . . . . . . . . . . 113 401 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 402 Offences relating to ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 403 Failure to deliver or post documents for someone else . . . . . . . . . . . . . . . . . 114 404 Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 405 Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 406 Duty of witness to signing of declaration voting papers . . . . . . . . . . . . . . . . 115 Subdivision 4—(omitted) PART 7—FRESH ELECTIONS 408 Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 409 Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 410 Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 411 Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 412 Other provisions of schedule apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 413 Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 PART 8–(omitted) SCHEDULE 1A . . . . . . . . . . . . . . . . . . . . . . . 117 DECLARATION OF COUNCIL AREAS SCHEDULE 1B . . . . . . . . . . . . . . . . . . . . . . . 119 AURUKUN COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 120 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 121 11 Community Services (Aborigines) Regulation 1998 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 13 Number of members at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 14 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 15 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 SCHEDULE 1C . . . . . . . . . . . . . . . . . . . . . . . 124 DOOMADGEE COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 4 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 125 5 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 6 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 7 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 127 8 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 PART 4—BUSINESS AND MEETINGS 9 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 10 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 11 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 12 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 13 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 SCHEDULE 1D . . . . . . . . . . . . . . . . . . . . . . . 130 NAPRANUM COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 12 Community Services (Aborigines) Regulation 1998 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 4 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 131 5 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 6 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 7 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 132 8 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 PART 4—BUSINESS AND MEETINGS 9 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 10 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 11 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 12 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 13 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 SCHEDULE 1E . . . . . . . . . . . . . . . . . . . . . . . 136 INJINOO COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 137 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 138 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 13 Community Services (Aborigines) Regulation 1998 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 SCHEDULE 1F . . . . . . . . . . . . . . . . . . . . . . . 141 KOWANYAMA COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 142 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 143 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 SCHEDULE 1G . . . . . . . . . . . . . . . . . . . . . . . 146 LOCKHART RIVER COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 14 Community Services (Aborigines) Regulation 1998 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 147 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 149 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 SCHEDULE 1H . . . . . . . . . . . . . . . . . . . . . . . 152 PORMPURAAW COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 153 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 154 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 15 Community Services (Aborigines) Regulation 1998 SCHEDULE 1I . . . . . . . . . . . . . . . . . . . . . . . 157 UMAGICO COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 158 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 159 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 SCHEDULE 1J . . . . . . . . . . . . . . . . . . . . . . . 162 WOORABINDA COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 PART 2— NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 PART 3—SELECTION COMMITTEE 3 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 4 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 5 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 6 Conduct of business by selection committee. . . . . . . . . . . . . . . . . . . . . . . . . 164 16 Community Services (Aborigines) Regulation 1998 PART 4—MEMBERSHIP 7 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 8 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 9 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 164 10 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 11 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 12 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 165 13 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 PART 5—BUSINESS AND MEETINGS 14 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 15 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 16 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 17 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 18 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 SCHEDULE 1K . . . . . . . . . . . . . . . . . . . . . . . 168 CHERBOURG COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 169 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 171 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 17 Community Services (Aborigines) Regulation 1998 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 SCHEDULE 1L . . . . . . . . . . . . . . . . . . . . . . . 174 MAPOON COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 175 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 177 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 SCHEDULE 1M . . . . . . . . . . . . . . . . . . . . . . . 180 NEW MAPOON COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 181 18 Community Services (Aborigines) Regulation 1998 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 182 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 SCHEDULE 1N . . . . . . . . . . . . . . . . . . . . . . . 185 WUJAL WUJAL COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 186 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 188 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 19 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O . . . . . . . . . . . . . . . . . . . . . . . 191 YARRABAH COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 4 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 5 Nomination, and withdrawal of nomination, of members. . . . . . . . . . . . . . . 192 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 7 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . 194 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 PART 4—BUSINESS AND MEETINGS 10 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 197 DICTIONARY ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 199 3 Key. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 s 1 21 s 4 Community Services (Aborigines) Regulation 1998 COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 [as amended by all amendments that commenced on or before 23 December 2003] PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Community Services (Aborigines) Regulation 1998. 2 Dictionary (1) The dictionary in schedule 2 defines particular words used in this regulation. (2) Definitions used elsewhere in the regulation are signposted in the dictionary. PART 2—ABORIGINAL COUNCILS Division 1—Membership 4 Membership of Aboriginal councils (1) An Aboriginal council consists of 5 councillors, including the chairperson. (2) Subsection (1) is subject to an approval, under this division, of another number of councillors. s 5 22 s 6 Community Services (Aborigines) Regulation 1998 5 Proposal to decide other number of councillors A proposal to decide the number of councillors for an Aboriginal council, other than 5, may be made by— (a) the Aboriginal council, by resolution, asking the Minister to approve a stated number of councillors for the council; or (b) the electors in the council’s area giving the Minister a petition asking the Minister to approve a stated number of councillors for the council. 6 Resolution of Aboriginal council (1) If an Aboriginal council, by resolution, decides to ask the Minister to approve a stated number of councillors for the council, the council must consult with the electors of the council’s area for at least 14 days. (2) The consultation period must begin within 14 days after the date of the resolution. (3) A notice about the resolution must be displayed in a conspicuous position in the council’s area and in other ways the council considers appropriate. (4) The notice must state the following— (a) the council has, by resolution, decided to ask the Minister to approve a stated number of councillors for the council’s area; (b) the length of the consultation period and the first and last days of the consultation period; (c) an invitation for any person to give to the council’s clerk, on or before the last day of the consultation period, a written submission about the resolution. (5) After considering submissions made about the resolution, the council must give a copy of the resolution to the Minister. (6) The copy of the resolution must— (a) be given to the Minister at least 60 days before the next quadrennial election of the council; and (b) be accompanied by— (i) a statement signed by the chairperson and the clerk certifying this section has been complied with; and s 7 23 s 8 Community Services (Aborigines) Regulation 1998 (ii) submissions received about the resolution; and (iii) the council’s response to the submissions. 7 Petition by electors of area (1) A person may give a petition to the Minister asking the Minister to approve a stated number of councillors for an Aboriginal council only if— (a) it has been signed by a majority of the electors of the council’s area; and (b) the name and address of each of the electors who signed the petition is clearly set out next to the signature. (2) The petition must be given to the Minister at least 60 days before the next quadrennial election of the council. 8 Minister to make decision about resolution or petition (1) This section applies if, no later than 60 days before the next quadrennial election of an Aboriginal council, the Minister is given— (a) under section 6—a copy of the council’s resolution; or (b) under section 7—a petition about the membership of the council. (2) The Minister must decide whether to approve the number of councillors for the Aboriginal council stated in the resolution or petition. (3) The Minister may refuse to approve a resolution or petition only if the Minister is satisfied, on reasonable grounds, that— (a) the number of councillors stated in the resolution or petition is out of proportion to the overall population of the council’s area or is otherwise impracticable and unreasonable; or (b) for a resolution—the majority of electors in the council’s area are opposed to the resolution; or (c) the process set out in this division for the resolution or petition has not been properly complied with. (4) If the Minister approves the number of councillors stated in the resolution or petition, the Minister must, as soon as practicable, publish notice of the approval in the gazette. (5) The approval is of no effect until it has been notified in the gazette. s 9 24 s 10 Community Services (Aborigines) Regulation 1998 9 Change in membership takes effect at next quadrennial election If the Minister publishes a notice in the gazette approving a stated number of councillors for a council, the change to the number of councillors does not have effect until the next quadrennial election. Division 2—Qualifications and disqualifications for membership of Aboriginal council 10 General qualifications (1) A person is qualified to become a councillor of an Aboriginal council if the person is an Australian citizen who— (a) lives in the council’s area; and (b) is, under the Electoral Act 1992, an elector for an electoral district, or a part of an electoral district, included in the council’s area— (i) for the person’s election as a councillor of the council—when the voters roll for the election is compiled under schedule 1, section 277 or 411;1 or (ii) for the person’s appointment as a councillor of the council under section 152—for at least 30 days before the appointment. (2) A person who is a councillor of an Aboriginal council, whether elected or appointed, is qualified to be a councillor of the council only while the person— (a) lives in the council’s area; and (b) is, under the Electoral Act 1992, an elector for an electoral district, or a part of an electoral district, included in the council’s area. (3) This section is subject to sections 11 and 11A. 1 Schedule 1 (Elections), section 277 (Cut-off day for voters roll) or 411 (Voters roll for fresh election) 2 Section 15 (Filling of later vacancies by appointment) s 11 25 s 11 Community Services (Aborigines) Regulation 1998 11 General disqualifications (1) A person is not qualified to be or become a councillor of an Aboriginal council if— (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth), or a corresponding law of another jurisdiction; or (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and a final payment has not been made under the composition; or (d) the person is subject to a term of imprisonment or detention, periodic or otherwise; or (e) the person has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or (f) for a candidate for an election of councillors, or a councillor, of the council, the person— (i) has, within 2 years before the day of nomination, been convicted of an offence against the law of Queensland, another State or the Commonwealth, and been sentenced to more than 1 year’s imprisonment; or (ii) has, within 7 years before the day of nomination, been convicted of an offence against schedule 1, section 385;3 or (iii) has, within 10 years before the day of nomination, been convicted of— (A) a disqualifying electoral offence; or (B) an offence that would be a disqualifying electoral offence, except that the conviction was recorded before the commencement of the Electoral and Other Acts Amendment Act 2002; or 3 Schedule 1 (Elections), section 385 (Bribery) s 11A 26 s 11A Community Services (Aborigines) Regulation 1998 (g) for a councillor of the council, the person is convicted of— (i) an offence against schedule 1, section 385; or (ii) a disqualifying electoral offence; or (h) the person is a member of an Australian Parliament; or (i) the person is elected or appointed as mayor or a councillor of a local government of another State. (2) For subsection (1)(d), the circumstances in which a person is subject to a term of imprisonment or detention— (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, home detention, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended. (3) For subsection (1)(f)(i)— (a) the provision does not apply if the sentence of imprisonment is suspended; but (b) the provision applies if the sentence of imprisonment is suspended and the person is ordered at any time to actually serve more than 1 year of the term of imprisonment. (4) In this section— “corresponding law of another jurisdiction” means a corresponding law of another jurisdiction, whether inside or outside Australia. “disqualifying electoral offence” see the Electoral Act 1992, section 3. 11A Disqualification and vacation of office for certain offences (1) This section applies if a person is convicted of an offence against section 494 of the Act or schedule 1, section 384, 399 or 401(a) or (b).5 4 Section 49 (Disclosure of interests at meetings) of the Act 5 Schedule 1, section 384 (False, misleading or incomplete electoral documents), 399 (Influencing voting) or 401 (Voting if not entitled) s 11B 27 s 11D Community Services (Aborigines) Regulation 1998 (2) The person is not qualified to become a councillor of an Aboriginal council for 4 years after the conviction. (3) If the person is a councillor of an Aboriginal council, the person vacates the office— (a) if the person appeals against the conviction—on the appeal being dismissed, struck out or discontinued; or (b) if the person does not appeal against the conviction—at the end of the time fixed by law within which an appeal must be started. (4) A court may, by order, direct that this section does not apply to a person if the court is satisfied it would be just to give the direction. 11B Review of lawfulness of membership of Aboriginal council (1) This section applies to an application for review under the Judicial Review Act 1991 of— (a) the lawfulness of the election or appointment of a councillor of an Aboriginal council; or (b) the continued eligibility of a person to act as a councillor of an Aboriginal council. (2) For the purposes of the Judicial Review Act 1991, any elector of the council is a person who may make the application. (3) However, subsection (2) does not limit the persons who may make the application. 11C Councillor ceases to be councillor on becoming candidate for the Legislative Assembly A person who is a councillor of an Aboriginal council ceases to be a councillor if under the Electoral Act 1992, section 88(3), the person becomes a candidate for an election as a member of the Legislative Assembly. 11D Termination of Aboriginal council employment on becoming councillor (1) This section applies to the following employees of an Aboriginal council— s 12 28 s 13 Community Services (Aborigines) Regulation 1998 (a) the clerk, or deputy clerk, of the council; (b) a finance officer, financial controller, accountant, or holder of another position, whose primary responsibility is the administration of the council’s finances; (c) the holder of a position with the council that reports directly to a position mentioned in paragraph (a) or (b). (2) If the employee is elected or appointed as a councillor of the council, the person is taken to have resigned as an employee on the day the person becomes a councillor. Division 3—Term of office and vacancies in office 12 Term of office as appointed councillor (1) If a councillor (the “new councillor”) is appointed to fill a vacancy in the office of a councillor (the “former councillor”), the new councillor is appointed for the balance of the former councillor’s term of office. (2) The new councillor’s term of office starts on the day on which the councillor is appointed and ends on the day— (a) the next quadrennial election concludes; or (b) the Aboriginal council is dissolved; or (c) the new councillor’s office otherwise becomes vacant. 13 When councillor’s office becomes vacant A person’s office as a councillor of an Aboriginal council becomes vacant if the person— (a) dies; or (b) resigns as a councillor; or (c) ceases to be qualified to be or become a councillor under division 2; or (d) is absent from 3 or more consecutive meetings of the council of which notice has been duly given, without the council’s leave; or s 14 29 s 15 Community Services (Aborigines) Regulation 1998 (e) is found to be unlawfully elected or appointed, or ineligible to continue to act, as a councillor, on a review under the Judicial Review Act 1991; or (f) becomes the clerk, or deputy clerk, of the council; or (g) becomes a finance officer, financial controller, accountant or other person (however described) whose primary responsibility is administering the council’s finances; or (h) becomes the holder of a position with the council that reports directly to a position mentioned in paragraph (f) or (g); or (i) is elected to another office at a by-election; or (j) otherwise ceases to hold the office before the next quadrennial election concludes or the council is dissolved. 14 Filling of earlier vacancies by by-election (1) This section applies if a person’s office as a councillor of an Aboriginal council becomes vacant before 1 March (the “cut-off date”) in the year before the year in which the next quadrennial elections for the council are to be held. (2) The vacancy must be filled by a by-election. 15 Filling of later vacancies by appointment (1) If the office of a person as a councillor of an Aboriginal council (the “former councillor”) becomes vacant on or after the cut-off date, the Aboriginal council must fill the office by appointing a qualified person (the “new councillor”) to the office. (2) If the vacancy is not properly filled within 2 months after the vacancy happens, the Governor in Council may appoint a person, who is qualified to become a councillor of the Aboriginal council, to fill the vacancy. s 15A 30 s 15D Community Services (Aborigines) Regulation 1998 Division 4—Provisions for Mapoon Aboriginal Council area 15A Purpose of div 4 (1) This division is to provide for the implementation of the Mapoon Aboriginal Council area. (2) If an express provision of this division is inconsistent with another provision of this regulation, the express provision of this division prevails. 15B Establishment of Mapoon Aboriginal Council and its first election (1) The Mapoon Aboriginal Council is established for the Mapoon Aboriginal Council area. (2) The first election for the Mapoon Aboriginal Council is to be held on 25 March 2000. (3) The chief executive must pay the cost of the returning officer and the election. 15C Interim council clerk (1) The Minister may, by gazette notice, appoint a person to be the interim council clerk for the Mapoon Aboriginal Council area. (2) The interim council clerk must perform the functions, and may exercise the powers, of the clerk of Mapoon Aboriginal Council. (3) However, until the conclusion of the first election, the interim council clerk must exercise only the powers necessary or convenient for the first election. 15D Budget to 30 June 2000 (1) The interim council clerk of Mapoon Aboriginal Council must, at the council’s first meeting after the first election, present to the council a proposed budget for the period from the conclusion of the first election to 30 June 2000 (the “remaining period”). (2) By 30 April 2000, the council must adopt a budget for the remaining period. (3) Section 48 does not apply to the interim council clerk. s 16 31 s 18 Community Services (Aborigines) Regulation 1998 PART 3—CHAIRPERSON OF ABORIGINAL COUNCIL Division 1—Appointment of chairperson and related matters 16 Membership of Aboriginal councils (1) An Aboriginal council must appoint a chairperson from its councillors, by resolution, at— (a) its first meeting after the conclusion of each quadrennial election; and (b) its first meeting after the conclusion of a fresh election of all of its councillors; and (c) its first meeting after the chairperson’s office as councillor otherwise becomes vacant. (2) If, within 21 days after the post-election meeting or the chairperson’s office otherwise becomes vacant, the Aboriginal council has not appointed a chairperson, the Minister may, by written notice to the council, appoint a councillor as chairperson. (3) Subsections (1) and (2) are subject to an approval, under division 2, of the direct election of the chairperson. 17 Duration of appointment of chairperson The chairperson’s term of office begins on the day on which the chairperson is appointed and ends on the day— (a) the next quadrennial election concludes; or (b) the Aboriginal council is dissolved; or (c) the chairperson’s office otherwise becomes vacant. 18 Vacating office of chairperson A person’s office as chairperson of an Aboriginal council becomes vacant if— (a) the person resigns as chairperson; or (b) the office of chairperson is declared vacant under section 19. s 19 32 s 22 Community Services (Aborigines) Regulation 1998 19 Office of chairperson may be declared vacant (1) An Aboriginal council, by resolution, may declare the office of chairperson is vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the members of the council at least 14 days before the meeting. (3) If the council declares the office of chairperson is vacant, it must immediately appoint a chairperson from its members. (4) Subsection (2) has effect despite section 36(1).6 Division 2—Direct election of chairperson 20 Process for direct election (1) This division states the process to be used for approval of the direct election of the chairperson of an Aboriginal council. (2) The Minister may approve the direct election of an Aboriginal council’s chairperson only if the process is followed. 21 Proposal for direct election A proposal for the chairperson of an Aboriginal council to be directly elected may be made by— (a) the Aboriginal council, by resolution, asking the Minister to approve the direct election of the chairperson; or (b) the electors in the council’s area giving the Minister a petition asking the Minister to approve the direct election of the chairperson. 22 Resolution of Aboriginal council (1) If an Aboriginal council, by resolution, decides to ask the Minister to approve the direct election of the council’s chairperson, the council must consult with the electors of the council’s area for at least 14 days. 6 Section 36 (Notice of meetings) s 23 33 s 23 Community Services (Aborigines) Regulation 1998 (2) The consultation period must begin within 14 days after the resolution is passed. (3) A notice about the resolution must be displayed in a conspicuous position in the council’s area and in other ways the council considers appropriate. (4) The notice must state the following— (a) the council has, by resolution, decided to ask the Minister to approve the direct election of the council’s chairperson by the electors of the council’s area; (b) the length of the consultation period and the first and last days of the consultation period; (c) an invitation for any person to give to the council’s clerk, on or before the last day of the consultation period, a written submission about the resolution. (5) After considering submissions made about the resolution, the Aboriginal council must give a copy of the resolution to the Minister. (6) The copy of the resolution must— (a) be given to the Minister at least 60 days before the next quadrennial election of the council; and (b) be accompanied by— (i) a statement signed by the chairperson and the clerk certifying this section has been complied with; and (ii) submissions received about the resolution; and (iii) the council’s response to the submissions. 23 Petition by electors of area (1) A petition asking the Minister to approve the direct election of the chairperson of an Aboriginal council’s area may be given to the Minister only if— (a) it has been signed by a majority of the electors of the area; and (b) the name and address of each of the electors who signed the petition is clearly set out next to the signature. (2) The petition must be given to the Minister at least 60 days before the next quadrennial election of the council. s 24 34 s 26 Community Services (Aborigines) Regulation 1998 24 Minister to make decision about resolution or petition (1) If the Minister is given a copy of a resolution or a petition, the Minister must decide whether to approve the direct election of the chairperson of the Aboriginal council by the electors of the council’s area. (2) The Minister may refuse to approve a resolution or petition only if the Minister is satisfied, on reasonable grounds, that— (a) for a resolution—the majority of electors in the council’s area are opposed to the resolution; or (b) the process set out in this part for the resolution or petition has not been properly complied with. (3) If the Minister approves the direct election of the chairperson, the Minister must, as soon as practicable, publish notice of the approval in the gazette. (4) The approval is of no effect until it has been notified in the gazette. 25 Direct election of chairperson takes effect at next election If the Minister publishes a notice in the gazette approving the direct election of the chairperson of an Aboriginal council, the change to the direct election of the chairperson does not have effect until the next quadrennial election. PART 4—ELECTIONS FOR ABORIGINAL COUNCILS 26 Election of councillors The Local Government Act 1993, chapter 5 applies to elections for Aboriginal councils with the changes shown in schedule 1. s 27 35 s 29 Community Services (Aborigines) Regulation 1998 PART 5—ABORIGINAL COUNCIL MEETINGS Division 1—Post-election meetings 27 Post-election meetings An Aboriginal council must hold a meeting of its councillors within 14 days after the conclusion of each quadrennial election. 28 Agenda of post-election meetings (1) An Aboriginal council must consider the following matters at a post-election meeting— (a) the day and time for holding other meetings; (b) if its chairperson is not directly elected—the appointment of its chairperson; (c) the appointment of its deputy chairperson; (d) the document about its financial operations, that the clerk must present to the meeting under section 48.7 (2) If the Aboriginal council does not, within 21 days after the post-election meeting, appoint a deputy chairperson, the Minister may, by written notice to the council, appoint a councillor as deputy chairperson. 29 Clerk to preside at post-election meetings (1) This section applies if the chairperson of an Aboriginal council is not directly elected. (2) The council’s clerk presides at meetings of the council until a chairperson or deputy chairperson is appointed. (3) However, the clerk must not vote on business before the council. 7 Section 48 (Financial information to be presented to post-election meeting) s 30 36 s 33 Community Services (Aborigines) Regulation 1998 Division 2—Meetings generally 30 Other meetings (1) Other meetings of an Aboriginal council are to be held at the times and places it decides. (2) However, the council must meet at least once in each period of 3 months. 31 Place of meetings (1) All meetings of an Aboriginal council must be held at its office. (2) However, an Aboriginal council may, by resolution, fix another place for a particular meeting. 32 Quorum at meetings (1) A quorum for a meeting of an Aboriginal council is a majority of its councillors. (2) However, if the number of councillors is an even number, one-half of the number is a quorum. 33 Procedure at meetings (1) Business may be conducted at a meeting of an Aboriginal council only if a quorum is present. (2) At a meeting— (a) voting— (i) for the appointment of the chairperson or deputy chairperson may be open or by secret ballot as the councillors present may decide; and (ii) otherwise, must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and s 34 37 s 36 Community Services (Aborigines) Regulation 1998 (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. 34 Minutes must be kept (1) An Aboriginal council must keep minutes of its proceedings. (2) The minutes must be taken and confirmed under section 38.8 35 Adjournment of meetings (1) The majority of councillors present at a meeting of an Aboriginal council may adjourn the meeting to a later hour of the same day or to a later day. (2) If a quorum for a meeting is not present within 30 minutes after the time appointed for the meeting, the meeting may be adjourned by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the council’s clerk. (3) The meeting may be adjourned to a later hour of the same day or another day within 14 days after the day of adjournment. 36 Notice of meetings (1) Notice of each meeting of an Aboriginal council, including an adjourned meeting, must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. (2) The notice must be given in writing, unless each councillor has agreed, in writing, that notice of meetings under subsection (1) may be given orally. (3) The notice must state— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. (4) Subsection (1) is subject to section 37. 8 Section 38 (Minutes to be kept and confirmed) s 37 38 s 38 Community Services (Aborigines) Regulation 1998 37 Repeal or amendment of resolutions (1) A resolution of an Aboriginal council may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. (2) At the meeting, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting (the “later meeting”) is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present at the later meeting; or (b) in any other case—a majority of all councillors. Example of subsection (2)(a)— At a meeting of the XYZ Aboriginal council, 5 councillors are present. At the meeting a resolution about control of dogs in the area is passed. At the next meeting of the Aboriginal council, 7 councillors are present. The council may amend the resolution about dogs passed at the last meeting if 4 of the councillors present at the meeting agree to the amendment. Example of subsection (2)(b)— The ABC Aboriginal council has 7 councillors. At a meeting of the ABC Aboriginal council at which 6 of the councillors are present, a resolution about garbage collection in the council’s area is passed. At the next meeting of the ABC Aboriginal council, 5 councillors are present. The council may amend the resolution about garbage collection only if 4 of the councillors agree to the amendment. 38 Minutes to be kept and confirmed (1) The clerk of an Aboriginal council must ensure minutes of each meeting are taken under the supervision of the person presiding at the meeting. (2) Minutes of each meeting must include— (a) the names of councillors present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted or were taken to have voted. (3) At each meeting, the minutes of the previous meeting must be— s 39 39 s 41 Community Services (Aborigines) Regulation 1998 (a) confirmed by the councillors present; and (b) signed by the councillor presiding. 39 Meetings in public unless otherwise resolved Meetings of an Aboriginal council must be open to the public unless— (a) the council has, by resolution under section 40(1), closed a meeting; or (b) the chairperson, under section 40(3), closes the meeting. 40 Meetings may be closed for limited reasons (1) An Aboriginal council may, by resolution, close a meeting to the public if the council considers it necessary to close the meeting to discuss any of the following— (a) the appointment, dismissal or discipline of a particular employee; (b) industrial matters affecting its employees; (c) its budget; (d) contracts proposed to be made by it; (e) legal proceedings involving it; (f) other business for which public discussion would be likely to prejudice the interests of the council or someone else, or enable a person to gain a financial advantage. (2) A resolution closing a meeting must state the nature of the matters to be considered while the meeting is closed. (3) The chairperson of an Aboriginal council may also close a meeting to the public if the chairperson considers, on reasonable grounds, members of the public attending the meeting are unduly disrupting proceedings. (4) An Aboriginal council must not make a resolution (other than a procedural resolution) in a closed meeting. 41 Public notice of meetings (1) An Aboriginal council must display a notice of the days and times when its meetings, other than special meetings, will be held— s 42 40 s 42 Community Services (Aborigines) Regulation 1998 (a) in a conspicuous place in its office; and (b) in another conspicuous place in its area. (2) The council must immediately notify a change to the days and times for meetings, other than special meetings, in the same way as the information was previously notified. (3) A list of the items to be discussed at a meeting must be open to inspection at the time the agenda for the meeting is made available to councillors. (4) Subject to sections 37 and 42,9 subsection (3) does not affect the right at a meeting to discuss or deal with items arising after the agenda for the meeting is made available to councillors. 42 Public notice of resolution authorising remuneration (1) A resolution authorising the payment or provision of remuneration to councillors of an Aboriginal council may be passed only if notice has been given of the proposed resolution. (2) Notice must be given by displaying, at least 21 days before the meeting— (a) a notice stating the proposed resolution, and the day and time of the proposed meeting, in a conspicuous place in the council’s area; and (b) a copy of the notice in a conspicuous place in the council’s office on the day. (3) The notice and its copy must be kept on display until after the meeting. (4) In this section— “remuneration”, of a councillor of an Aboriginal council, includes— (a) any fees or allowances, or reimbursement of expenses, paid to the councillor by the council; (b) any benefit or entitlement provided to the councillor by the council. 9 Sections 37 (Repeal or amendment of resolutions) and 42 (Public notice of resolution authorising remuneration) s 43 41 s 44 Community Services (Aborigines) Regulation 1998 43 Inspection of minutes of meetings and their purchase (1) A copy of the minutes of each meeting of an Aboriginal council— (a) must be available for inspection at the council’s office within 21 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the office. (2) The price of a copy of confirmed minutes must not be more than— (a) the cost to the Aboriginal council of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage. PART 6—FINANCIAL ADMINISTRATION Division 1—Financial administration of Aboriginal councils 44 Community funds (1) An Aboriginal council must establish and keep the following community funds— (a) a general fund; (b) a trust fund. (2) An Aboriginal council may call its general fund an operating fund. (3) A payment may be made from an account with a financial institution kept by an Aboriginal council in relation to a fund only by a cheque signed, or an electronic funds transfer authorised, by any 2 of the following— (a) the clerk; (b) the chairperson of the council; (c) another councillor of the council; (d) an employee of the council authorised by resolution of the council; s 45 42 s 47 Community Services (Aborigines) Regulation 1998 (e) if a financial controller is appointed for the council—the financial controller, if authorised by resolution of the council. 45 General fund of Aboriginal council (1) An Aboriginal council’s general fund must consist of all of its assets and liabilities, other than its trust assets and liabilities. (2) The council must keep an account with a financial institution for amounts it receives for its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 financial institution account within its general fund. 46 Trust fund of Aboriginal council (1) An Aboriginal council must credit amounts it receives on trust to its trust fund. (2) An amount credited to the trust fund must be applied— (a) in payment to or for the person entitled to the amount according to law; or (b) as required by the Act under which the amount was paid to the trust fund. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the amount was credited has ceased to exist. (4) An Aboriginal council must keep a separate account with a financial institution for its trust fund. 47 Administration and financial procedures manual (1) Each Aboriginal council must prepare a manual (an “administration and financial procedures manual”) about the accounting and financial procedures for the administration of the council’s community funds. (2) Without limiting subsection (1), an Aboriginal council’s administration and financial procedures manual must include— (a) the council’s policies about financial administration; and (b) the procedures and internal controls for the council’s accounting, information and administrative systems; and s 48 43 s 50 Community Services (Aborigines) Regulation 1998 (c) the corporate structure adopted by the council; and (d) position descriptions for all permanent employees employed by the council. (3) The manual— (a) must be approved by resolution of the council; and (b) does not take effect until is has been approved by the council. 48 Financial information to be presented to post-election meeting (1) At each post-election meeting of an Aboriginal council, the clerk must present to the council a document about the council’s financial operations. (2) The document must— (a) relate to the council’s financial operations for the previous financial year; and (b) relate to the council’s financial operations for the financial year in which the meeting is held to the latest day to which the document can reasonably be compiled; and (c) contain an estimate of the council’s financial operations from the day to which the document is prepared to the end of the financial year in which the meeting is held. 49 Approved forms for annual financial statements When approving forms under section 6210 of the Act, the chief executive must have regard to the need to provide for full disclosure of an Aboriginal council’s financial operations during a financial year. Division 2—Register of councillor’s pecuniary interests 50 Register of pecuniary interest disclosures (1) The clerk of an Aboriginal council must keep, at the council’s office, a register of pecuniary interest disclosures. 10 Section 62 (Preparation of financial statements) of the Act s 51 44 s 52 Community Services (Aborigines) Regulation 1998 (2) If a councillor makes a pecuniary interest disclosure to a council meeting, the clerk must record particulars of the disclosure in the register within 2 days after the day the minutes of the meeting are confirmed. (3) The particulars recorded by the clerk must be the particulars of the disclosure recorded in the minutes of the meeting. (4) The council must— (a) keep the register open for inspection by members of the public during office hours on business days; and (b) make copies available for purchase at a price not more than the cost to the council of producing the copy and, if a copy is given to a purchaser by post, the cost of postage. PART 7—CLERK OF ABORIGINAL COUNCIL 51 Employment of clerk An Aboriginal council must appoint and employ an individual as its clerk. 52 Role of clerk (1) The clerk of an Aboriginal council has the role of implementing the council’s policies and decisions. (2) On a day-to-day basis, the clerk’s role includes managing the council’s affairs. (3) The clerk alone is responsible for— (a) organising the presentation of reports and reporting to the council; and (b) conducting correspondence between the council and other persons; and (c) managing and overseeing the administration of the council; and (d) coordinating the activities of all employees of the council. (4) The clerk has— s 53 45 s 54 Community Services (Aborigines) Regulation 1998 (a) all the powers necessary for performing the clerk’s role; and (b) the powers the council specifically delegates to the clerk. 53 Acting clerk An Aboriginal council may appoint an individual to act as its clerk during— (a) a vacancy, or all vacancies, in the position; or (b) a period, or all periods, when the clerk is absent from duty or can not, for any reason, perform as the clerk. PART 8—ABORIGINAL COURTS 54 Procedures and enforcement of decisions of Aboriginal Courts (1) The procedures for, and the enforcement of decisions of, an Aboriginal Court are to be— (a) if, but for the Act, an action would be brought under the Justices Act 1886—in accordance with the Justices Act 1886; and (b) if, but for the Act, an action would be brought under the Penalties and Sentences Act 1992—in accordance with the Penalties and Sentences Act 1992; and (c) if, but for the Act, an action would be brought under the Magistrates Courts Act 1921—in accordance with the Magistrates Courts Act 1921. (2) For applying, under subsection (1), the Justices Act 1886, Penalties and Sentences Act 1992 or Magistrates Courts Act 1921— (a) a reference in any of the Acts to a Magistrates Court is taken to be a reference to an Aboriginal Court; and (b) a reference in any of the Acts to a magistrate is taken to be a reference to the 2 justices constituting an Aboriginal Court; and (c) a reference in any of the Acts to a clerk of the court is taken to be a reference to the clerk of an Aboriginal Court. s 55 46 s 59 Community Services (Aborigines) Regulation 1998 55 Jurisdiction of court includes power to make fine option order The jurisdiction of an Aboriginal Court includes power to make a fine option order as if the Aboriginal Court were a Magistrates Court. 56 Clerk of Aboriginal Court An Aboriginal council must appoint an individual as clerk of the Aboriginal Court for its area. 57 Record of court proceedings The clerk of an Aboriginal Court must keep all records and proceedings of the Aboriginal Court. PART 9—ABORIGINAL COORDINATING COUNCIL Division 1—Chairperson and deputy chairperson of Aboriginal Coordinating Council 58 Appointment of chairperson and deputy chairperson (1) The Aboriginal Coordinating Council must, by resolution, appoint a chairperson and deputy chairperson from its members at its first meeting after the conclusion of each of the quadrennial elections for Aboriginal councils. (2) Also the Aboriginal Coordinating Council must, by resolution, appoint a chairperson or deputy chairperson from its members at its first meeting after the chairperson’s or deputy chairperson’s office otherwise becomes vacant. (3) Subsection (2) has effect subject to section 60(3). 59 Vacating office of chairperson or deputy chairperson A person’s office as chairperson or deputy chairperson of the Aboriginal Coordinating Council becomes vacant if— s 60 47 s 63 Community Services (Aborigines) Regulation 1998 (a) the person resigns as chairperson or deputy chairperson; or (b) the office of chairperson or deputy chairperson is declared vacant under section 60. 60 Office of chairperson or deputy chairperson may be declared vacant (1) The Aboriginal Coordinating Council may, by resolution, declare the office of chairperson or deputy chairperson vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the members of the council at least 14 days before the meeting. (3) If the council declares the office of chairperson or deputy chairperson is vacant, it must immediately appoint a chairperson or deputy chairperson from its members. 61 Quorum for meetings of executive committee (1) A quorum for a meeting of the executive committee of the Aboriginal Coordinating Council is 2 members of the committee. (2) Business may be conducted at a meeting of the executive committee only if a quorum is present. Division 2—Financial administration of Aboriginal Coordinating Council 62 Community funds of Aboriginal Coordinating Council (1) The Aboriginal Coordinating Council must establish and keep— (a) a general fund; and (b) if the council receives amounts on trust—a trust fund. (2) The council may call its general fund an operating fund. 63 General fund of Aboriginal Coordinating Council (1) The Aboriginal Coordinating Council’s general fund must consist of all of its assets and liabilities, other than its trust assets and liabilities. s 64 48 s 64B Community Services (Aborigines) Regulation 1998 (2) The council must keep an account with a financial institution for amounts it receives in its general fund. (3) However, subsection (2) does not prevent the council keeping more than 1 financial institution account within its general fund. 64 Trust fund of Aboriginal Coordinating Council (1) If the Aboriginal Coordinating Council is required to keep a trust fund under section 62(1)(b), it must credit amounts it receives on trust to the trust fund. (2) An amount credited to the trust fund must be applied in payment to or for the person entitled to the amount according to law. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the amount was credited has ceased to exist. (4) The council must keep a separate account with a financial institution for its trust fund. PART 10—ABORIGINAL COUNCIL AREAS 64A Declaration of council areas—Act, s 39 The part of the State mentioned in schedule 1A, column 1, is declared to be the council area mentioned in column 2 of the schedule opposite the part. PART 10A—COMMUNITY JUSTICE GROUPS 64B Establishment of community justice groups—Act, s 86(1) (1) Each community justice group named in a relevant schedule is established for the community area stated for the justice group. s 64C 49 s 65A Community Services (Aborigines) Regulation 1998 (2) Each relevant schedule prescribes matters about the community justice group named in the schedule. 64C Criminal history checks (1) For section 89(1)11 of the Act, the chief executive may ask the commissioner of the police service to give the chief executive a written report about a person’s criminal history.12 (2) The commissioner must comply with the request. (3) Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access. PART 11—MISCELLANEOUS Division 1—Forms 65 Forms The prescribed forms under the Act are the forms approved by the chief executive. Division 2—Financial controllers 65A Appointment of financial controller—Lockhart River Aboriginal Council (1) Peter James Buckland is appointed as a financial controller for Lockhart River Aboriginal Council. (2) The appointment is for the period starting on 12 January 2004 and ending on 31 March 2004. 11 Section 89 (Criminal history checks) of the Act 12 Section 89(3) of the Act defines “criminal history” for the section. s 66 50 s 69 Community Services (Aborigines) Regulation 1998 PART 12—TRANSITIONAL PROVISIONS 66 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 (1) A reference in this regulation to the next quadrennial election is to be read as a reference to the election under this regulation to be held on the same day as the 2000 quadrennial election to be held under the Local Government Act 1993. (2) This section does not have effect after the quadrennial election under this regulation is held in 2000. 67 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002 For nominating members of a community justice group, a nomination under schedule 1B, section 5(1) includes a nomination made by a main indigenous social grouping before the commencement of this section. 68 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003 For nominating members of a community justice group for schedules 1C and 1D, a nomination under section 4 of either schedule includes a nomination made by a nominating entity under the schedule before the commencement of this section. 69 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003 (1) For nominating members of a community justice group for schedules 1E, 1F, 1G and 1I, a nomination under section 5 of any of the schedules includes a nomination made by a nominating entity under the schedule before the commencement of this section. (2) For nominating members of a community justice group for schedule 1H, a nomination under section 5 of the schedule includes a nomination made by a main indigenous social grouping under the schedule before the commencement of this section. s 70 51 s 71 Community Services (Aborigines) Regulation 1998 70 Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003 (1) This section applies to a person who was a councillor of an Aboriginal council immediately before the commencement. (2) Sections 11D and 13(h)13 do not apply to the person until the conclusion of the first quadrennial election for the council after the commencement. (3) In this section— “commencement” means commencement of this section. 71 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003 For nominating members of a community justice group for schedules 1K to 1O, a nomination under section 5 of any of the schedules includes a nomination made by a nominating entity under the schedule before the commencement of this section. 13 Sections 11D (Termination of Aboriginal council employment on becoming councillor) and 13 (When councillor’s office becomes vacant) 52 Community Services (Aborigines) Regulation 1998 SCHEDULE 1 ELECTIONS section 26 (The Local Government Act 1993, chapter 5 applied to an Aboriginal council)14 PART 1—GENERAL 266 Quadrennial elections Councillors of an Aboriginal council are to be elected once every 4 years. 267 Types of elections (1) A quadrennial or fresh election of a councillor of an Aboriginal council is an election for the whole of the council’s area. (2) (omitted) (3) A by-election to fill a vacancy in the office of a councillor of an Aboriginal council is an election for its area, (words omitted) for which the councillor was elected. 268 Elections to be held on a Saturday Every election for an Aboriginal council must be held on a Saturday. 14 Textual changes are indicated by italic script (other than the citations of the Electoral Acts). The schedule as replaced by the Community Services Legislation Amendment Regulation (No. 1) 1998 takes account of the renumbering of the Local Government Act 1993. The schedule has not otherwise been amended. SCHEDULE 1 (continued) 53 Community Services (Aborigines) Regulation 1998 269 Date of quadrennial elections (1) Quadrennial elections must be held on the same day as quadrennial elections under the Local Government Act 1993. (2) (omitted) (3) (omitted) 270 Date of by-elections (1) A by-election to fill a vacancy in the office of a councillor of an Aboriginal council is to be held on the date fixed by the returning officer for the election. (2) The date fixed must be within 3 months after the vacancy happens. 271 Aboriginal councils responsible for expenditure for conducting elections An Aboriginal council is responsible for expenditure incurred for the conduct of an election in its (words omitted) area. PART 2—RETURNING OFFICERS 272 Clerk is returning officer (1) The clerk of an Aboriginal council is the returning officer for every election of a councillor of the Aboriginal council. (2) This section is subject to section 273. 273 Appointment of returning officer in place of the clerk (1) If the clerk considers on reasonable grounds that it is appropriate to appoint another individual as returning officer for an election, the clerk may make the appointment in the approved form. SCHEDULE 1 (continued) 54 Community Services (Aborigines) Regulation 1998 (2) An individual who is not a current employee of the Aboriginal council can not be appointed as returning officer for an election unless the clerk— (a) has, by displaying in a conspicuous position in the Aboriginal council’s area and in other ways the clerk considers appropriate, invited expressions of interest from individuals who are suitably qualified to conduct elections; and (b) if the clerk considers it appropriate—has invited submissions for appointment as returning officer from any individual the clerk considers may be suitably qualified to conduct elections; and (c) has taken into account— (i) the individual’s qualifications to be a returning officer; and (ii) information supplied by the individual and any referees; and (iii) the cost of the individual providing the services required. (3) Subsections (4) to (6) apply if a returning officer appointed by the clerk is, for any reason, unable to perform the duties of the returning officer. (4) If possible, the returning officer must immediately inform the clerk. (5) The clerk may become the returning officer or appoint another individual to be the returning officer for the election. (6) To the extent practicable, subsection (2) applies to the appointment of a returning officer under subsection (5) who is not a current employee of the Aboriginal council. (7) If the clerk believes he or she can not properly perform the duties of returning officer for an election because of a possible conflict of interest, the clerk must ask the Minister to appoint another individual as returning officer for the election. (8) The Minister may appoint another individual as returning officer for the election. 274 Returning officer’s duty for by-election As soon as practicable after fixing the day for holding a by-election, the returning officer must— SCHEDULE 1 (continued) 55 Community Services (Aborigines) Regulation 1998 (a) display in a conspicuous position in the Aboriginal council’s area and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut-off day for the voters roll for the by-election; and (b) take the steps required by this regulation for holding the by-election. PART 3—VOTERS ROLL 275 Returning officer must compile voters roll The returning officer for an election for an Aboriginal council must compile the roll of persons entitled to vote at the election (the “voters roll”). 276 Qualification for enrolment on voters roll A person is entitled to vote at an election for an Aboriginal council if the person is an elector under the Electoral Act 1992 for an electoral district, or a part of an electoral district, included— (a) (words omitted) in the area; or (b) (omitted) 277 Cut-off day for voters roll A voters roll must be compiled to 1 of the following dates— (a) for a quadrennial election—31 January in the year of the election; (b) for a by-election to fill a vacancy in the office of a councillor of an Aboriginal council—at least 5 days, and not more than 7 days, after the display, under section 274, of notice of the day of the by-election. SCHEDULE 1 (continued) 56 Community Services (Aborigines) Regulation 1998 278 Use of electoral roll when practicable (1) The voters roll for an election for an Aboriginal council must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— (a) (words omitted) in the area; or (b) (omitted) (2) However, the returning officer may make the changes to the electoral roll, compiled to the cut-off day for the voters roll, that are necessary because the boundaries of the area (words omitted) are not identical with the boundaries of the electoral district. 279 Requirements of voters roll (1) A voters roll for an election must— (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (2) The returning officer must not include in a voters roll an elector’s address that, under the Electoral Act 1992, is excluded from the publicly available part of an electoral roll. 280 Voters roll to be open to inspection and purchase (1) A voters roll for an election is open to inspection. (2) Copies of the voters roll must be available for purchase at the Aboriginal council’s office. (3) The price of a copy of the voters roll must be no more than the cost to the Aboriginal council of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. 281 Electoral registrars to help returning officers An electoral registrar under the Electoral Act 1992 must give a returning officer the assistance that the returning officer reasonably requires to compile a voters roll for an election for an Aboriginal council. SCHEDULE 1 (continued) 57 Community Services (Aborigines) Regulation 1998 PART 4—VOTING 282 Compulsory voting Voting at an election for an Aboriginal council is compulsory and each elector is entitled to 1 vote only. 283 System of voting The system of voting at an election for a councillor is— (a) (omitted) (b) (words omitted) first-past-the-post voting. PART 5—(omitted) PART 6—CONDUCT OF ELECTIONS Division 1—Preliminary 289 Conduct of elections An election must be conducted under this part. Division 2—Electoral officers 290 Returning officer The returning officer for an election is responsible for its proper conduct. 291 Assistant returning officers (omitted) SCHEDULE 1 (continued) 58 Community Services (Aborigines) Regulation 1998 292 Presiding officers (1) The returning officer— (a) may be presiding officer at a polling booth; and (b) must appoint an adult as presiding officer at each polling booth other than the booth where the returning officer is the presiding officer. (2) A presiding officer at a polling booth is responsible for the proper conduct of the poll at the booth and for carrying out the other duties for the election that are required by the returning officer. (3) If a person is unable to act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint an adult as presiding officer at the booth while the person is unable to act. (4) An appointment under subsection (1) or (3) must be in the approved form. 293 Issuing officers (1) The returning officer, or a presiding officer with the returning officer’s approval, may appoint adults (“issuing officers”) to— (a) give ballot papers, declaration envelopes and declaration forms to electors; and (b) perform the other duties for the election that are required by the presiding officer. (2) The appointment must be in the approved form. (3) Anything done by an issuing officer under subsection (1)(b) is taken to be done by the returning officer or the presiding officer. 294 Declaration by issuing officers An issuing officer must make a declaration in the approved form before acting as an issuing officer. SCHEDULE 1 (continued) 59 Community Services (Aborigines) Regulation 1998 295 Returning officer may act through other officers If— (a) the returning officer may, under this part, do anything; and (b) the returning officer authorises (words omitted) a presiding officer or issuing officer (the “authorised officer”) to do the thing; and (c) the authorised officer does the thing; the thing is taken to have been done by the returning officer. Examples— 1. (omitted) 2. (omitted) 3. Under section 351, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. 296 Assistant returning officer may act through certain authorised officers (omitted) 297 Supply and use of voters rolls (1) The returning officer must give to the presiding officer at each polling booth enough copies of the voters roll certified in the approved form by the returning officer. (2) An issuing officer must use a certified copy of the voters roll for taking the ballot in the election. SCHEDULE 1 (continued) 60 Community Services (Aborigines) Regulation 1998 Division 3—Candidates for election or appointment 298 Qualification for nomination (1) (omitted) (2) A person is not disqualified from nominating for election or appointment to an Aboriginal council because the person is a member of the Legislative Assembly or an Aboriginal council employee. (3) A person who is a candidate for election as a member of an Australian Parliament, is not qualified to be nominated for election or appointment to an Aboriginal council until— (a) for an election under the Electoral Act 1992—the day the Electoral Commission is notified, under section 122(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)— (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.15 (4) (omitted). 299 Prohibition of dual candidature (1) A person can not, at the same time, be a candidate— (a) for election as chairperson of an Aboriginal council and as another councillor of the Aboriginal council; or (b) (omitted) 15 Commonwealth Electoral Act 1918 (Cwlth), sections 283 (Return of writ for election of Senators) and 284 (Declaration of poll and return of writs for House of Representatives) SCHEDULE 1 (continued) 61 Community Services (Aborigines) Regulation 1998 (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. (3) (omitted) 300 Leave to Aboriginal council employee to contest election (1) An Aboriginal council employee who nominates as a candidate for election as a councillor of an Aboriginal council is entitled to leave of absence for a period of not more than 2 months to contest the election. (2) An employee may use any entitlement to accrued leave with pay as leave to which the employee is entitled under subsection (1). (3) Unless leave is taken under subsection (2), the employee is not entitled to payment of salary or wages for any period of leave taken under subsection (1). (4) (omitted) Division 4—Nominations of candidates for election 301 Calling for nominations (1) The returning officer must publish, by displaying a notice in a conspicuous position in the Aboriginal council’s area and in other ways the returning officer considers appropriate, notice of the election (words omitted). (2) The notice must— (a) be in the approved form; and (b) specify a day as the nomination day— (i) not less than 10, or more than 21, days after the day of publication of the notice; and (ii) not less than 21, or more than 42, days before the day on which the election is to be held; and (c) specify a place of nomination; and (d) invite nominations of candidates for the election. SCHEDULE 1 (continued) 62 Community Services (Aborigines) Regulation 1998 (3) The place of nomination must be— (a) the Aboriginal council’s office; or (b) a place in its area convenient generally to persons in its area. 302 Who may nominate (1) A candidate for election as a councillor of an Aboriginal council must be a person who is qualified under sections 298 and 10 to nominate for the election. (2) (omitted) 303 How and when nomination is given (1) A person who wishes to be a candidate for election must be nominated by— (a) (omitted) (b) at least 2 electors for the Aboriginal council’s area (words omitted) (2) A nomination must be— (a) in the approved form; and (b) given to the returning officer after the nominations are invited for the election but before noon on the nomination day. 304 Nomination fee to accompany nomination (1) Before noon on the nomination day, the person nominating as a candidate must deposit, in cash or by a cheque drawn by a financial institution, with the returning officer— (a) $25; or (b) (omitted) (2) The nomination fee must be held in the trust fund of the Aboriginal council until it is refunded, or becomes the property of the Aboriginal council, under this part. SCHEDULE 1 (continued) 63 Community Services (Aborigines) Regulation 1998 305 Special grounds for deciding a person is not properly nominated (omitted) 306 Certificate of returning officer (1) If the returning officer is satisfied a person has been properly nominated for election, the returning officer must— (a) certify the nomination, in the approved form; and (b) give a copy of the certificate to the candidate. (2) The certificate must specify the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper. (3) A person is properly nominated for election if— (a) sections 302 to 304 have been complied with, or have been substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 299 does not apply to the person’s nomination; and (c) the nomination has not been withdrawn. (4) The returning officer is not obliged to look beyond— (a) the form of nomination and payment of the nomination fee; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election (words omitted); or (ii) the nominee is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the Aboriginal council’s area. (5) If a nomination is wrongly certified by the returning officer, the certification, or the issue of a copy of the certificate, does not validate the nomination. SCHEDULE 1 (continued) 64 Community Services (Aborigines) Regulation 1998 307 Display of nominations As soon as practicable after receipt of a nomination, the returning officer must display a copy of the nomination in a conspicuous position at the place of nomination and, if that place is not the Aboriginal council’s office, at the (word omitted) office. 308 Termination of candidature before noon on nomination day (1) A person nominated as a candidate for election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. (2) If this happens— (a) the nomination is of no effect; and (b) the person’s nomination fee must be refunded to the person. 309 Death of candidate If a person nominated as a candidate for election dies before noon on the nomination day— (a) the nomination is of no effect; and (b) the person’s nomination fee must be refunded to the person’s personal representative. 310 Procedure if number of candidates not more than number required (1) If the number of candidates properly nominated for election does not exceed the number required to be elected— (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, display a notice in the approved form in a conspicuous position in the area of the Aboriginal council for which the election was to be held, that the nominees are taken to have been elected. (2) If— SCHEDULE 1 (continued) 65 Community Services (Aborigines) Regulation 1998 (a) no-one is nominated as a candidate for an election and the council does not make an appointment under section 15(1) of the regulation; or (b) the number of candidates nominated is less than the number required to be elected; the Governor in Council may, by gazette notice, appoint as councillors of the Aboriginal council, the number of persons necessary to constitute fully the council. (3) Each person appointed as a councillor must be qualified to be elected as a councillor of the Aboriginal council for the council’s area for which the election was to be held. (4) The persons appointed are taken to have been properly elected as councillors of the Aboriginal council. 311 Procedure if number of candidates exceeds number required (1) If the number of candidates properly nominated for election exceeds the number required to be elected, a poll must be conducted under this part. (2) The returning officer must give public notice that a poll will be conducted. (3) The notice must— (a) be in the approved form; and (b) specify— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 327; and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8 a.m. to 6 p.m.; and (c) be displayed in a conspicuous position at the place of nomination and, if that place is not the Aboriginal council’s office, at the office; and (d) (omitted) SCHEDULE 1 (continued) 66 Community Services (Aborigines) Regulation 1998 (4) Display of a notice under subsection (3)(c) must— (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll. 312 Supply of voters roll (1) If a poll is to be conducted in the election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. (2) The copy of the roll must be certified by the returning officer in the approved form. 313 Procedure on death of candidate when poll to be conducted (1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day— (a) (words omitted) the proceedings for the election of the councillors must start again; and (b) (omitted) (c) (omitted) (2) The deceased candidate’s nomination fee must be refunded to the candidate’s personal representative. (3) The nomination fees of other candidates must be refunded to the candidates. (4) Despite subsection (1), the Minister may, by gazette notice, direct that proceedings for holding an election of all councillors of the Aboriginal council start again. (5) If proceedings are started again, the Minister must, by gazette notice, fix a new polling day for the election. 314 Disposal of nomination fees generally (1) As soon as practicable after the conclusion of an election, each candidate’s nomination fee must be refunded to the candidate if— SCHEDULE 1 (continued) 67 Community Services (Aborigines) Regulation 1998 (a) the candidate is elected; or (b) (omitted) (c) (words omitted) the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (2) (omitted) (3) All other candidates’ nomination fees become the property of the Aboriginal council and must be paid into its general fund. (4) (omitted) 315 If successful candidate dies If a candidate who is successful at the election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate. 316 Extension of times (1) This section applies if— (a) a nomination day is specified (words omitted) for the election; or (b) a polling day is specified under section 311 for the election. (2) The Minister may, by gazette notice, fix a later day as the nomination or polling day. (3) The returning officer must display a notice in a conspicuous position in the area of the Aboriginal council for which the election is to be held giving any necessary directions to candidates for election, and to electors, about the procedures to be followed. SCHEDULE 1 (continued) 68 Community Services (Aborigines) Regulation 1998 Division 5—(omitted) Division 6—Polling booths 319 Polling booths—general (1) A place on or from which liquor may lawfully be sold can not be used as a polling booth. (2) However, a civic or cultural centre, community hall or similar place under the Aboriginal council’s control, may be used as a polling booth if— (a) the floor area for taking the ballot is designated in the notice of the conduct of the poll under section 311; and (b) the council ensures that no liquor will be sold or supplied in that area during the taking of the ballot. (3) The returning officer— (a) may arrange for a polling booth within or outside the council’s area to be used in an election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. (4) (omitted) 320 Provision of ordinary polling booths (1) For the purpose of taking a ballot in the election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote. (2) The returning officer may— (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or SCHEDULE 1 (continued) 69 Community Services (Aborigines) Regulation 1998 (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer’s control. (3) If, after publication of the notice under section 311 (Procedure if number of candidates exceeds number required), the returning officer arranges for the use of an ordinary polling booth, the officer must give public notice— (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8 a.m. to 6 p.m. (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must give public notice of the cancellation. (5) Notice under subsection (3) or (4) must be given in the way that the returning officer considers is the best way to inform electors generally. 321 Declaration of mobile polling booths (1) If the returning officer is satisfied residents in an institution should be able to vote at the institution in a poll, the returning officer may arrange for the whole or a part of the institution to be available as a mobile polling booth to enable residents in the institution to vote there in the poll. (2) If the returning officer is satisfied a part of the Aboriginal council’s area does not have enough electors to justify the use of an ordinary polling booth in the part, the returning officer may arrange for the whole or part of any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll. (3) If the returning officer acts under subsection (1) or (2), the officer must fix the times, during the period starting 11 days before the polling day and ending at 6 p.m. on the polling day, when the mobile polling booth may be used for voting. (4) The returning officer must, by displaying a notice in a conspicuous position in the relevant part of the council’s area— SCHEDULE 1 (continued) 70 Community Services (Aborigines) Regulation 1998 (a) declare the whole or part of the relevant institution or place as a mobile polling booth for the election; and (b) specify the times at which votes may be cast at the booth. (5) The notice must be in the approved form. (6) The returning officer also must give written notice to the candidates for election of the declaration of the mobile polling booth and the times at which votes may be cast at the booth. (7) On the declaration of a mobile polling booth for an election, the electors resident in the relevant institution or the electors resident in the part of the council’s area in which the booth is situated, may vote in the election at the booth during the times specified for the booth in the notice displayed under subsection (4). 322 Duty of person in charge of institution (1) If the returning officer arranges for the whole or part of an institution to be used as an ordinary polling booth, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth. (2) If the returning officer declares the whole or part of an institution as a mobile polling booth, the person in charge of the institution must allow residents in the institution and issuing officers to have access to the booth whenever votes may be cast at the booth. 323 Privacy of voting The returning officer must ensure that each polling booth is provided with enough voting compartments, or other adequate facilities, to allow the casting of votes in private. Division 7—Ballot boxes, papers and other documents 324 Ballot boxes generally (1) A ballot box used in a poll must be under the scrutiny and effective control of an issuing officer. SCHEDULE 1 (continued) 71 Community Services (Aborigines) Regulation 1998 (2) A ballot box must— (a) have an opening of a size sufficient to allow folded ballot papers and declaration envelopes to be put in the box; and (b) be open to inspection by issuing officers, candidates for election at the poll, and scrutineers properly appointed for the poll, before the box is locked or sealed for receipt of ballot papers. 325 Requirements of ballot papers (1) If a poll is to be conducted, the returning officer must arrange for the printing of all ballot papers to be used in taking the ballot in the poll. (2) A ballot paper must— (a) be in the approved form; and (b) be of material that, when folded, the vote cast by the elector on the paper is effectively concealed; and (c) be attached to a butt that— (i) is not part of the ballot paper; and (ii) is perforated to allow the ballot paper to be easily detached from the butt; and (iii) is numbered in regular arithmetical sequence, starting with the numeral 1 and proceeding by intervals of one whole numeral, so that each butt for the area of the Aboriginal council for which the poll is conducted has a unique number; and (d) show the name of each candidate for election as required by subsection (3); and (e) if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and (f) (omitted) SCHEDULE 1 (continued) 72 Community Services (Aborigines) Regulation 1998 (3) A ballot paper must— (a) contain the name of each candidate once only by showing first the surname followed by the given name or names; and (b) show the names of the candidates in the order decided under section 327. (4) A ballot paper must not contain anyone else’s name. 326 Separate ballot papers for separate polls (1) This section applies if a poll for the election of chairperson of the Aboriginal council is to be conducted when a poll for election of another councillor of the Aboriginal council is conducted. (2) Separate ballot papers must be used for the polls unless the returning officer decides to use a combined ballot paper. 327 Order of listing of candidates’ names (1) The order in which names of candidates for election are to be listed on ballot papers and notices under section 311 is to be decided under this section. (2) The order must be decided by the returning officer as soon as practicable after noon on the nomination day. (3) The returning officer must, in the presence of 2 witnesses— (a) write the name of each candidate on a separate sheet of paper; and (b) ensure that each piece of paper is of the same kind, shape, size and colour; and (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and (e) after each piece of paper has been placed in an envelope, seal the envelope; and SCHEDULE 1 (continued) 73 Community Services (Aborigines) Regulation 1998 (f) put all the envelopes in a container and shuffle them; and (g) draw out the envelopes, 1 at a time; and (h) as each envelope is drawn out, open it and record the name of the candidate shown on the piece of paper in the envelope. (4) The order in which the names are recorded is the order in which the names are to appear on the ballot paper and notices under section 311. (5) The returning officer must allow each candidate, or the candidate’s representative, to be present when the order of candidates’ names is decided. 328 Distribution of ballot papers (1) The returning officer must ensure a sufficient number of ballot papers is available at all polling booths. (2) The returning officer must prepare a delivery note in the approved form in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths. (3) The approved form must— (a) show details of the number of ballot papers supplied; and (b) show the range of numbers of the ballot papers; and (c) include a form of acknowledgment of receipt of the ballot papers. (4) Two copies of the delivery note must be included in the parcel of ballot papers. (5) As soon as practicable after a presiding officer receives a parcel of ballot papers, the presiding officer must— (a) check the contents against the details shown in the delivery note; and (b) complete the particulars prescribed by the delivery note; and (c) sign the form of acknowledgment included in the delivery note. (6) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by— SCHEDULE 1 (continued) 74 Community Services (Aborigines) Regulation 1998 (a) if another presiding officer is available—the other presiding officer; or (b) if another presiding officer is not available—a responsible person. (7) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgment and the form must be signed by the presiding officer and the person who made the countercheck. (8) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 363. 329 Correction of errors etc. Any error, omission or delay in respect of any voters roll, ballot papers or other document to be used in a poll may be corrected by procedures directed by the Minister, by gazette notice. Division 8—Scrutineers 330 Candidates’ entitlement to scrutineers A candidate for election is entitled to have 1 scrutineer present for each issuing officer at a polling booth or at a place for examination of declaration envelopes or counting of votes— (a) before and at all times when electors may vote in the booth; and (b) at all times during the examination or counting. 331 Appointment of scrutineers (1) A candidate for election may, in the approved form, appoint adults as scrutineers for the candidate. (2) On appointment, a scrutineer must make a declaration in the approved form before the returning officer or a presiding officer. SCHEDULE 1 (continued) 75 Community Services (Aborigines) Regulation 1998 332 Proof of identification A scrutineer must— (a) carry evidence of identification and of the person’s appointment as a scrutineer; and (b) on demand, produce the evidence to an issuing officer. 333 Powers of scrutineers (1) A scrutineer for a candidate for election is entitled to be present— (a) in a polling booth—before taking the ballot in the poll starts to inspect ballot boxes; and (b) in a polling booth and any office of the presiding officer at the booth—when electors may vote in the booth; and (c) in a polling booth or other place—to watch the examination of declaration envelopes and counting of votes. (2) A scrutineer may— (a) object to an issuing officer’s decision on a person’s entitlement to vote at the election; and (b) object to the acceptance or rejection of a ballot paper by the returning or presiding officer; and (c) record details of persons who vote at the election at a polling booth and remove the record from the booth. Division 9—Voting generally 334 Who may vote Only electors may vote in a ballot taken in a poll. 335 When votes may be cast at an ordinary polling booth or mobile polling booth (1) Voting at an ordinary polling booth must take place between 8 a.m. and 6 p.m. on polling day. SCHEDULE 1 (continued) 76 Community Services (Aborigines) Regulation 1998 (2) However, an elector who is in an ordinary polling booth at 6 p.m. on polling day, for the purpose of voting in the poll, must be allowed to vote. (3) Voting at a mobile polling booth must take place during the times fixed for the booth by the returning officer. (4) However, an elector who is in a mobile polling booth at the time of the close of voting at the booth, for the purpose of voting in the poll, must be allowed to vote. 336 Procedure for voting at a polling booth (1) Subject to section 338 (words omitted), an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section. (2) The elector must enter a polling booth for the Aboriginal council’s area during voting hours at the booth. (3) In the polling booth, the elector must give the elector’s full name and address to an issuing officer. (4) If the elector— (a) has a ballot paper and declaration envelope for the election; and (b) does not intend to cast a declaration vote; the elector must return the ballot paper and declaration envelope to the issuing officer. (5) The issuing officer must give a ballot paper to a person asking for it if the issuing officer is satisfied the person is entitled to vote at the election. (6) The issuing officer may ask a person questions to decide whether the person is entitled to vote at the election. (7) If, because of the answers to the questions— (a) the issuing officer is satisfied the person is an elector mentioned in section 344(a), (b) or (c); or (b) the issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election; the person may only cast a declaration vote. SCHEDULE 1 (continued) 77 Community Services (Aborigines) Regulation 1998 (8) The issuing officer must place a mark, in ink, on the officer’s copy of the voters roll against the name of each person given a ballot paper by the officer. (9) An issuing officer who gives a ballot paper to a person must, if asked by a scrutineer, keep a record of the objection by the scrutineer to the entitlement of the person to vote. (10) On being given the ballot paper, the elector must, without delay— (a) go alone into an unoccupied voting compartment in the polling booth; and (b) there, in private, mark a vote on the ballot paper in accordance with division 11; and (c) fold the ballot paper, concealing the vote, and put it in the appropriate ballot box in the polling booth; and (d) leave the polling booth. 337 Duties of issuing officer for returned papers (1) An issuing officer must— (a) record in the approved form the giving of a ballot paper to a person who has returned a ballot paper and declaration envelope to the officer under section 336(4); and (b) attach to the form all ballot papers and declaration envelopes returned to the officer; and (c) give the form and the attached documents to the presiding officer. (2) The presiding officer must set aside the form and attached documents in the officer’s custody for separate identification under section 363(1)(g)(ii). 338 Arrangements for electors with disability (1) This section applies if an elector can not enter a polling booth because of illness, disability or advanced pregnancy, but is able to come to a place (the “voting place”) close to the polling booth. (2) The issuing officer may perform the issuing officer’s functions, and the elector may vote at the voting place, as if it were the polling booth. SCHEDULE 1 (continued) 78 Community Services (Aborigines) Regulation 1998 (3) However, the issuing officer must— (a) before taking any action under subsection (2), inform the scrutineers present of the proposed action; and (b) allow 1 scrutineer for each candidate to be present at the voting place; and (c) ensure that after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put in an envelope or, if the vote is a declaration vote, a declaration envelope; and (d) seal the envelope; and (e) if— (i) the vote is a declaration vote—put the sealed declaration envelope in the appropriate ballot box inside the polling booth; or (ii) the vote is not a declaration vote—open the envelope inside the polling booth in the presence of any scrutineers, ensuring the ballot paper remains folded, and put the folded ballot paper in the appropriate ballot box. (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 348 is complied with when the elector votes; or (b) for another vote—section 336 is complied with when the elector votes. (5) Subsections (2) and (3) apply to all types of voting under this division. 339 Arrangements for electors at institutions (1) If a polling booth is an institution or part of an institution, an issuing officer may visit electors resident in the institution, or part of the institution, for the purpose of enabling them to vote. (2) Before taking action under subsection (1), the issuing officer must inform the scrutineers present of the proposed action. SCHEDULE 1 (continued) 79 Community Services (Aborigines) Regulation 1998 (3) When visiting an elector in an institution, the issuing officer must— (a) take to the elector— (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. (4) The issuing officer must ensure that, as far as practicable— (a) for a declaration vote—section 348 is complied with when the elector votes; or (b) for another vote—section 336 is complied with when the elector votes. 340 Arrangements for electoral visitor voting (omitted) 341 Help for electors in voting (1) If an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, or be otherwise helped, by someone chosen by the elector. (2) The person may help the elector in any of the following ways— (a) if asked by the elector—stating the names of candidates; (b) acting as interpreter; (c) explaining the ballot paper and the requirements of division 11 about its marking; (d) marking, or helping to mark, the ballot paper in the way the elector wishes; (e) folding the ballot paper and putting it into a ballot box or a declaration envelope; (f) sealing a declaration envelope or putting it into a ballot box. SCHEDULE 1 (continued) 80 Community Services (Aborigines) Regulation 1998 (3) Subsections (1) and (2) apply to all types of voting. (4) This section applies despite any of the following provisions— • section 336(10) • section 348 • section 351. 342 Adjournment of poll (1) If the conduct of a poll is, or is likely to be, obstructed or interrupted from any cause, the returning officer may adjourn the conduct of the poll generally or at a particular polling booth. (2) If the conduct of a poll at a particular polling booth is, or is likely to be, obstructed or interrupted from any cause, the presiding officer at the booth may adjourn the conduct of the poll at the booth. (3) If a poll is adjourned under subsection (1) or (2), the returning officer must fix a day (not later than 34 days after the day on which the poll is adjourned) for conducting the adjourned poll. (4) The returning officer must give public notice of the day fixed— (a) by displaying a notice in a conspicuous position in the relevant part of the Aboriginal council’s area; and (b) in other ways the returning officer considers appropriate. Division 10—Declaration voting 343 Who may cast a declaration vote The following electors may cast a declaration vote— (a) an elector who, during ordinary voting hours on polling day, will not be within 8 km, by the nearest practicable route, from a polling booth; (b) an elector who, during ordinary voting hours on polling day, will be working or travelling under conditions that prevent voting at a polling booth; SCHEDULE 1 (continued) 81 Community Services (Aborigines) Regulation 1998 (c) an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; (d) an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth; (e) an elector who, because of membership of a religious order or because of religious beliefs, will be prevented from voting at a polling booth for all, or most, of the ordinary voting hours on polling day; (f) an elector who, on polling day, will be serving a sentence of imprisonment, or under other detention; (g) an elector whose address has been omitted from a voters roll— (i) because of the Electoral Act 1992, section 58; or (ii) under an arrangement under the Electoral Act 1992, section 62 because of the Commonwealth Electoral Act 1918 (Cwlth), section 104.16 344 Who must cast a declaration vote in ordinary elections In an election (words omitted), the following persons must cast a declaration vote— (a) an elector whose name is not on the voters roll apparently because of an official error; (b) an elector who is not enrolled on the voters roll, but is entitled to be enrolled, because of the Electoral Act 1992, section 64(1)(a)(ii); (c) an elector who appears, from a record apparently made in error, to have already voted in the election; (d) a person who is given a ballot paper and declaration envelope for voting because an issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election. 16 Commonwealth Electoral Act 1918 (Cwlth), section 104 (Request for address not to be shown on Roll) SCHEDULE 1 (continued) 82 Community Services (Aborigines) Regulation 1998 345 Declaration voting for postal ballot elections (omitted) 346 How declaration vote is cast Subject to section 336, an elector who may or must make a declaration vote must cast the vote by— (a) if the elector can not enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting at that place; or (b) going to a polling booth in the Aboriginal council’s area during voting hours at the booth and following the procedures set out in section 348 (How declaration vote may be cast at a polling booth); or (c) going to the council’s office before polling day and following the procedures set out in section 352; or (d) if the elector is an elector mentioned in section 343 (words omitted)—using the ballot paper and declaration envelope given to the elector by the returning officer, and following the procedures set out in section 351. 346A Distribution of ballot papers to certain electors who may cast declaration vote (1) This section applies to an elector mentioned in section 343(g). (2) As soon as practicable after the nomination day for an election, the returning officer for the election must give the following things to the elector— (a) a ballot paper; (b) the approved declaration envelope; (c) written instructions in the approved form on how the vote may be cast; (d) an unsealed stamped or postage paid post envelope addressed to the returning officer and bearing the words ‘Ballot SCHEDULE 1 (continued) 83 Community Services (Aborigines) Regulation 1998 paper—(words omitted) (insert name of Aboriginal council’s area)’. (3) However, if the things mentioned in subsection (2) are posted to an address outside Australia, the envelope mentioned in subsection (2)(d) need not be stamped or postage paid. 347 Distribution of ballot papers to other electors who may or must cast declaration vote (1) An elector mentioned in section 343(a) to (f) may apply to the returning officer, or a presiding officer for the election, for a ballot paper and a declaration envelope. (2) The application must be in the approved form. (3) The returning officer or presiding officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant if— (a) the application is received by the officer not later than 6 p.m. on the Thursday before polling day; and (b) the officer is satisfied the applicant is entitled to vote and make the application. (4) If the returning officer or presiding officer is satisfied the applicant is an elector mentioned in section 344, the officer— (a) must not give a ballot paper to the applicant; but (b) must give to the applicant an approved declaration form. (5) If the returning officer or presiding officer is satisfied the applicant has properly completed the declaration form, the officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant. (6) The things given to an applicant under subsection (3) or (5) must be accompanied by an unsealed stamped or postage paid post envelope addressed to the returning officer and bearing the words ‘Ballot paper—(words omitted) (insert name of Aboriginal council’s area)’. SCHEDULE 1 (continued) 84 Community Services (Aborigines) Regulation 1998 (7) The returning officer may give things to be given to an applicant under subsection (3) or (5) by posting the things to the applicant’s address stated in the voters roll, an electoral roll mentioned in the Electoral Act 1992, section 58(5),17 the application or the declaration form. Example of addresses— An applicant’s address could be stated as a residential address, post office box number, mail service number or in another appropriate way. (8) If things mentioned in subsection (6) are posted to an address outside Australia, the envelope mentioned in subsection (6) need not be stamped or postage paid. 348 How declaration vote may be cast at a polling booth (1) An elector who must cast a declaration vote (words omitted) may cast the vote by— (a) entering a polling booth in the Aboriginal council’s area during voting hours at the booth; and (b) completing the declaration form given to the elector by an issuing officer. (2) If the issuing officer is satisfied the elector has properly completed the declaration form, the officer must give a ballot paper and the approved declaration envelope to the elector. (3) On being given the ballot paper and the declaration envelope, the elector must, without delay— (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and (b) go alone into an unoccupied voting compartment in the polling booth; and (c) there, in private, mark a vote on the ballot paper in accordance with division 11; and 17 An electoral roll mentioned in the Electoral Act 1992, section 58(5) may be in a form other than a printed form. SCHEDULE 1 (continued) 85 Community Services (Aborigines) Regulation 1998 (d) fold the ballot paper, put it in the envelope and seal the envelope; and (e) put the sealed envelope in the appropriate ballot box in the polling booth; and (f) leave the polling booth. 349 Distribution of ballot papers to electors for postal ballot election (omitted) 350 Record of ballot papers given to postal voters The issuing officer who gives a ballot paper and declaration envelope under section 347 (words omitted) must— (a) keep a record of the ballot paper and envelope given; and (b) sign the record. 351 Casting a declaration vote by post (1) An elector who has received a ballot paper and declaration envelope under section 346A or 347 (words omitted) must, before 6 p.m. on polling day— (a) sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness; and (b) in private, mark a vote on the ballot paper in accordance with division 11; and (c) fold the ballot paper, put it in the declaration envelope and seal the envelope; and (d) put the sealed declaration envelope containing the ballot paper in the stamped or postage paid envelope mentioned in section 346A(2)(d) or 347(6) (words omitted) and post or give the envelope to the returning officer for the election. (2) On receipt of the sealed envelope, the returning officer must put it in the appropriate ballot box. SCHEDULE 1 (continued) 86 Community Services (Aborigines) Regulation 1998 352 Declaration voting before polling day (1) The returning officer must declare at least 1 of the following places as a polling booth to enable electors entitled to cast a declaration vote under section 343(a) to (f) to cast a vote at the election before polling day— (a) the Aboriginal council’s office, or a part of the office; or (b) (omitted) (c) another convenient place in the Aboriginal council’s area. (2) An elector mentioned in subsection (1) may, at any time during the relevant election period when the declared place is open for the conduct of business, ask an issuing officer at the declared place for a ballot paper. (3) Subject to section 336(5) to (7), the issuing officer must comply with the request. (4) An elector who wishes to vote under subsection (1)— (a) must complete and sign the approved application form; and (b) must comply with section 336; and (c) need not complete a declaration envelope. (5) If an elector is an elector who must cast a declaration vote under section 344, the elector— (a) must complete and sign the approved application form and declaration form; and (b) on being given a ballot paper and the approved declaration envelope, must comply with section 348(3) without delay. (6) In subsection (2)— “relevant election period” means the period— (a) not earlier than— (i) 14 days before polling day; or (ii) the longer period that the returning officer fixes and notifies by displaying a notice in a conspicuous position in the Aboriginal council’s area; and (b) not later than 6 p.m. on the day before polling day. SCHEDULE 1 (continued) 87 Community Services (Aborigines) Regulation 1998 353 Distribution of declaration envelopes when separate ballot papers or polls on same day (1) This section applies if— (a) under section 326,18 separate ballot papers are used in polls for elections of the chairperson and another councillor conducted on the same day; or (b) (omitted) (2) In the conduct of the polls— (a) only 1 declaration envelope may be distributed to a declaration voter with the ballot papers for use in the polls; and (b) this part, other than this section, applies (with any necessary changes) as if the references to the distribution, marking and other dealing with a ballot paper were a reference to all or each of the ballot papers in the polls, as the case requires. Division 11—Marking of ballot papers 354 Optional-preferential voting (omitted) 355 First-past-the-post voting (1) (words omitted) A vote is validly cast if the elector votes in accordance with this section. (2) For an election of chairperson, the elector must mark on the ballot paper the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers. (3) For an election of other councillors, the elector must mark on the ballot paper— 18 Section 326 (Separate ballot papers for separate polls) SCHEDULE 1 (continued) 88 Community Services (Aborigines) Regulation 1998 (a) if 1 candidate is to be elected—the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or (b) if 2 or more candidates are to be elected— (i) the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and (ii) the numeral 2, or the numerals 2, 3 and so on (in regular arithmetical sequence by intervals of 1 whole numeral), as the case may be, in the squares opposite the names of the other candidate or candidates for whom the elector wishes to vote, up to the number of candidates to be elected. Division 12—Replacement ballot papers 356 Use of replacement ballot papers (1) If, while voting at a polling booth or voting under section 338 (words omitted), a ballot paper given to an elector is accidentally defaced or destroyed, an issuing officer must give to the elector a replacement ballot paper for use in the poll. (2) However, before a replacement ballot paper can be given— (a) the ballot paper it replaces (the “replaced ballot paper”) must not have been already put in a ballot box in use in the poll; and (b) the elector must declare, in the approved declaration form, before the issuing officer that— (i) the replaced ballot paper has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (c) if the replaced ballot paper has been accidentally defaced—the elector must give the defaced ballot paper to the issuing officer; and SCHEDULE 1 (continued) 89 Community Services (Aborigines) Regulation 1998 (d) if the replaced ballot paper has been accidentally destroyed—the elector must give to the issuing officer, if practicable, the remains of the ballot paper; and (e) the issuing officer must put the defaced ballot paper, or any remains of the destroyed ballot paper, in an envelope, seal the envelope and set it aside in the officer’s custody for separate identification under section 363(1)(g)(ii). (3) If a ballot paper given to an elector under section 347 (words omitted) is lost in transit or is accidentally defaced or destroyed, the returning officer for the election must, before 6 p.m. on polling day, give to the elector a replacement ballot paper and the approved declaration envelope for use in the election. (4) However, before a replacement ballot paper can be given— (a) the elector must declare, in the approved declaration form, before the issuing officer or an adult witness that— (i) the ballot paper it replaces (the “replaced ballot paper”) has not been received by the elector or has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (b) if the replaced ballot paper has been accidentally defaced—the elector must put the defaced ballot paper into the elector’s original declaration envelope or a replacement declaration envelope, seal the envelope and give the envelope to the issuing officer; and (c) if the replaced ballot paper has been accidentally destroyed—the elector must, if practicable, put the remains of the destroyed ballot paper into the elector’s original declaration envelope or a replacement declaration envelope, seal the envelope and give the envelope to the issuing officer; and (d) the issuing officer must set aside the elector’s declaration envelope in the officer’s custody for separate identification under section 363(1)(g)(ii). (5) The returning officer must record, in the approved form, the name and place of residence of each person to whom a replacement ballot paper is given. SCHEDULE 1 (continued) 90 Community Services (Aborigines) Regulation 1998 (6) If a replacement ballot paper is used for voting— (a) the voting must take place under the appropriate provisions of division 9 or 10; and (b) the vote cast must be dealt with under the appropriate provisions of division 14. Division 13—Effect of ballot papers 357 Effect of ballot papers—optional-preferential voting (omitted) 358 Effect of ballot papers—first-past-the-post voting (1) (omitted) (2) For a ballot paper to have effect as recording a vote in the election— (a) the ballot paper— (i) must be completed in accordance with section 355; or (ii) must contain writing or marking indicating the elector’s intended preference, or intention to vote for any particular candidate or candidates; and (b) the ballot paper must not contain any writing or mark (other than one authorised by this part) by which the elector can, in the returning officer’s opinion, be identified; and (c) the ballot paper must have been put in the appropriate ballot box as required by this part; and (d) for a ballot paper put into a declaration envelope as required by section 351— (i) section 351(1) must have been complied with; and SCHEDULE 1 (continued) 91 Community Services (Aborigines) Regulation 1998 (ii) if the elector is an elector mentioned in section 343(a) to (f) or 34419 or an applicant who is given an approved declaration form under section 347(4)20 (words omitted), and the declaration on the envelope is witnessed by a person other than an issuing officer—the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 347 (words omitted); and (iii) if the declaration envelope is posted to the returning officer—it must be received by the returning officer within 10 days after polling day. (3) A ballot paper must not be rejected merely because it indicates the elector’s intention to vote for a number of candidates greater than the number to be elected. 359 Posted vote presumed valid until contrary proved If a declaration envelope and ballot paper to which section 351 applies is received by a returning officer by post, it must be presumed the provisions of section 351(1) have been complied with in relation to the declaration on the envelope until the contrary is proved. 360 Formal and informal ballot papers (1) A ballot paper that has effect to record a vote is a formal ballot paper. (2) A ballot paper that has no effect to record a vote is an informal ballot paper. 361 Ballot paper partly formal and partly informal (1) This section applies if— 19 Section 343 (Who may cast a declaration vote) or 344 (Who must cast a declaration vote in ordinary elections) 20 Section 347 (Distribution of ballot papers to other electors who may or must cast declaration vote) SCHEDULE 1 (continued) 92 Community Services (Aborigines) Regulation 1998 (a) an election for chairperson and an election for the other councillors of the Aboriginal council are held at the same time and 1 ballot paper is used for both elections; and (b) the ballot paper, as completed for an election, is informal but, as completed for the other election, is formal. (2) The informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 14. Division 14—Counting of votes 362 Votes to be counted in accordance with this division Votes cast in an election are to be counted as required by this division. 363 Preliminary counting by presiding officer (1) As soon as practicable after the end of ordinary voting hours on polling day, the presiding officer for a polling booth, at a place nominated by the presiding officer, in the presence of another issuing officer and any candidates and scrutineers who wish to attend, must— (a) open all ballot boxes used at the polling booth; and (b) identify, and keep in a separate parcel, all declaration votes; and (c) examine all ballot papers that are not in declaration envelopes, and— (i) identify, and keep in a separate parcel, all informal ballot papers; and (ii) (words omitted) count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and (iii) (omitted) (d) prepare a written statement in duplicate in the approved form that— (i) sets out, in words and numerals, the number of votes for each candidate (words omitted); and SCHEDULE 1 (continued) 93 Community Services (Aborigines) Regulation 1998 (ii) sets out the number of declaration envelopes and informal ballot papers; and (iii) is signed by the presiding officer, and the issuing officer and any scrutineers who are present and wish to sign; and (e) seal up in separate parcels all formal and informal ballot papers, declaration envelopes and unused ballot papers; and (f) endorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement; and (g) put into separate parcels— (i) the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under paragraph (d); and (ii) all ballot papers or remains of ballot papers set aside, under section 337(2) or 356(2)(e) or (4)(d), for separate identification; and endorse on each parcel a description of its contents; and (h) endorse on each parcel— (i) the name of the area of the Aboriginal council for which the election was held; and (ii) the name of the polling booth from which the parcel has come; and (i) sign each endorsement. (2) The presiding officer must then, if the officer is not the returning officer, give to the returning officer, or to a person nominated by the returning officer, as soon as practicable— (a) the parcels mentioned in subsection (1); and (b) the copy of the statement prepared under subsection (1)(d) (other than the copy mentioned in subsection (1)(g)); and (c) a reconciliation statement in the approved form for all ballot papers given out at the presiding officer’s polling booth and all votes put in ballot boxes at the booth. SCHEDULE 1 (continued) 94 Community Services (Aborigines) Regulation 1998 (3) The returning officer or other person who receives things from the presiding officer under subsection (2) must give to the presiding officer a receipt for the things. (4) The presiding officer may do anything required under subsection (1) or (2) through an issuing officer authorised by the presiding officer for that purpose. Example for subsection (4)— An issuing officer could be authorised to sort and bundle ballot papers and prepare a reconciliation statement for the presiding officer. 363A Preliminary processing of declaration votes by returning officer—postal ballot election) (omitted) 364 Preliminary processing of declaration votes by returning officer (words omitted) (1) (omitted) (2) After 8 a.m. on polling day, the returning officer may open all ballot boxes containing only declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. (3) As soon as practicable after 6 p.m. on polling day, the returning officer may open all other ballot boxes containing declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. (4) As soon as practicable after receipt by the returning officer of a parcel of declaration votes from a polling booth, the returning officer may open the parcel and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. 365 Procedure for processing declaration envelopes (1) The returning officer must inform all candidates for election of the times when, and the places where, declaration envelopes will be examined SCHEDULE 1 (continued) 95 Community Services (Aborigines) Regulation 1998 by the returning officer and allow them, or their scrutineers, to attend at the processing of declaration votes. (2) On examining the declaration envelopes, if the returning officer is satisfied the declaration has been properly completed, the envelope is sealed and the declarant on the envelope is entitled to cast a declaration vote, the returning officer must— (a) detach the elector’s declaration from the envelope; and (b) either— (i) place a mark in ink against the declarant’s name on the voters roll; or (ii) if the voters roll is kept in an electronic form—record in a way approved by the returning officer that the declarant has voted; and (c) place the envelope containing the ballot paper (the “accepted envelope”) in a locked or sealed ballot box; and (d) keep the accepted envelope in the ballot box until dealt with under subsection (3) or section 366. (3) The returning officer may take the accepted envelopes from the locked or sealed ballot box and remove the ballot papers from the envelopes, without unfolding them, or allowing anyone else to unfold them, and keep them in a locked or sealed ballot box until dealt with under section 366. (4) The returning officer must— (a) put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 364(3) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and (b) keep them there until they are dealt with in the official counting of votes. (5) If a declaration envelope is rejected, the returning officer must set it aside in the officer’s custody for separate identification. (6) The returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification, all rejected declaration envelopes, accepted envelopes from which ballot papers have been SCHEDULE 1 (continued) 96 Community Services (Aborigines) Regulation 1998 removed and electors’ declarations that have been removed from declaration envelopes. 366 Official counting of votes (1) As soon as practicable after close of the poll in an election, the returning officer must follow the procedures set out in this section, in the presence of candidates for election, or scrutineers, who wish to attend. (2) First, the returning officer must ascertain from the presiding officers’ statements under section 363(2) — (a) (words omitted) the number of votes cast for each candidate; or (b) (omitted) (3) Second, the returning officer must— (a) open all sealed parcels of ballot papers given to the returning officer under section 363(2); and (b) examine all ballot papers that are not in declaration envelopes and— (i) (words omitted) count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or (ii) (omitted) (4) Third, the returning officer must— (a) open all other ballot boxes on hand; and (b) open all accepted envelopes mentioned in section 365(2)(d) that have not yet been opened and remove the ballot papers; and (c) identify, and keep in a separate parcel, all informal ballot papers; and (d) examine all formal ballot papers and— (i) (words omitted) count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or (ii) (omitted) (5) Fourth, the returning officer must add together— SCHEDULE 1 (continued) 97 Community Services (Aborigines) Regulation 1998 (a) (words omitted) the number counted under subsections (3)(b)(i) and (4)(d)(i); or (b) (omitted) (6) Fifth, the returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 351 (Casting a declaration vote by post) after close of the poll. 367 Treatment of ballot paper to which objection is made (1) If, while a presiding officer or returning officer is complying with section 363 or 366, a candidate or scrutineer objects to treatment of a ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal. (2) If, while a presiding officer or returning officer, is complying with section 363 or 366, a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted. 368 Counting of votes for optional-preferential system (omitted) 369 Counting of votes for first-past-the-post system (1) (omitted) (2) If the election is for chairperson of the Aboriginal council, the candidate who receives the greatest number of votes is elected. (3) If the election is for councillors (other than the chairperson) of the Aboriginal council— (a) if 1 person only is to be elected—the candidate who receives the greatest number of votes is elected; and (b) if 2 or more persons are to be elected—the candidates elected are— (i) the candidate who receives the greatest number of votes; and SCHEDULE 1 (continued) 98 Community Services (Aborigines) Regulation 1998 (ii) the candidate who receives the next highest number of votes; and (iii) the candidate who receives the next highest number of votes; and so on, up to the number of persons to be elected. (4) If 2 or more candidates receive the same number of votes so that subsection (2) or (3)(a) or (b) can not be applied, the candidate whose name is recorded under subsection (5)(g) is elected. (5) The returning officer must, in the presence of 2 witnesses— (a) prepare a list of the candidates; and (b) assign a different number or colour to each candidate; and (c) place only the marbles, balls or other similar things (“marbles”), complying with subsection (6), in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and (d) rotate the container and permit another person present who wishes to do so to rotate it; and (e) raise the container so that its contents can not be seen; and (f) while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and (g) record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f), is taken or allowed to come out of the container. (6) For subsection (5)(c), the marbles must be— (a) the same size and weight; and (b) the same colours or numbers as the colours or numbers assigned under subsection (5)(b) to the candidates. (7) The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (5). SCHEDULE 1 (continued) 99 Community Services (Aborigines) Regulation 1998 370 Returning officer’s duty after counting votes (1) When the result of the poll for the election is known, the returning officer must— (a) seal up all of the formal ballot papers, informal ballot papers, rejected declaration envelopes, accepted envelopes from which ballot papers have been removed, electors’ declarations that have been removed from declaration envelopes, defaced ballot papers, remains of destroyed ballot papers, unused ballot papers, books and papers (other than the voters roll) of each presiding officer used in the poll; and (b) endorse on each parcel a description of its contents and sign the endorsement; and (c) allow any scrutineers, who wish to do so, to countersign the endorsement. (2) The returning officer must then— (a) examine the voters rolls used in the election and marked by issuing officers to ascertain whether any elector has voted more than once; and (b) make a list in the approved form of the names and numbers on the voters roll of all electors who appear to have voted more than once in the election, enclose the original of the list with the voters rolls in a sealed up parcel, and give a copy of the list to each person who was a candidate in the election. Division 15—Actions following poll 371 Declaration of poll (1) As soon as practicable after the result of a poll for the election is known, the returning officer must, by notice in the approved form, declare— (a) the result of the poll; and (b) the names of each candidate who has been elected. (2) The returning officer must— SCHEDULE 1 (continued) 100 Community Services (Aborigines) Regulation 1998 (a) display the notice in a conspicuous place in the Aboriginal council’s office; and (b) (omitted) (3) The returning officer must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election. 372 Notice of final result of poll (1) The returning officer must give notice of the final result of the poll to each candidate as soon as practicable after— (a) all ballot papers used in the poll have been examined; and (b) all votes cast in the poll on ballot papers that appear to be formal have been counted. (2) The notice must be in the approved form. 373 Resolution about electors who fail to vote As soon as practicable after the conclusion of the election, the Aboriginal council must make a resolution deciding whether to take action under section 375 about electors who failed to vote in the election. 374 List of electors failing to vote (1) This section applies only if the Aboriginal council makes a resolution under section 373 deciding to take action under section 375 about electors who failed to vote in the election. (2) The returning officer must make a list of the names and addresses, and the numbers shown on the voters roll, of all electors who— (a) have not been issued with ballot papers for the election; or (b) in the case of electors mentioned in section 343 (Who may cast a declaration vote) (words omitted)—have not given their ballot papers to the returning officer. (3) The returning officer must— SCHEDULE 1 (continued) 101 Community Services (Aborigines) Regulation 1998 (a) certify the list by declaration in the approved form; and (b) deposit the list with the Aboriginal council. (4) The list is to be held in the Aboriginal council’s office, in the clerk’s custody. 375 Notice of failure to vote etc. (1) Subject to subsection (2), the Aboriginal council— (a) must, as soon as practicable after a resolution by the council to take action under this section, send a notice in the approved form to each elector shown on the list deposited under section 374 at the elector’s address shown on the list; and (b) must record on the list, against the elector’s name, the fact that the notice has been given. (2) The notice must— (a) show the elector’s full name and address and number on the voters roll; and (b) state that— (i) the elector appears to have failed to vote at the election; and (ii) it is an offence to fail, without a valid and sufficient reason, to vote at an election; and (iii) the elector may, if the elector considers the elector has committed the offence, pay one-half of a penalty unit (the “penalty”) to the council by a specified day, not earlier than 21 days after the elector receives the notice (the “appropriate day”), and, if the council receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; and (c) require the elector— (i) if the elector intends paying the penalty by the appropriate day—to sign the approved form about payment of the penalty included in or with the notice and post or give the form, together with the amount of the penalty, to the council so it is received by the appropriate day; or SCHEDULE 1 (continued) 102 Community Services (Aborigines) Regulation 1998 (ii) if the elector does not intend paying the penalty by the appropriate day—to state, in the approved form included in or with the notice, whether the elector voted and, if not, the reason for failing to vote and to sign the form and post or give it to the council so it is received by the appropriate day. (3) The elector must comply with the requirements of the notice. (4) If— (a) the elector is absent, or unable, because of physical incapacity, to comply with the requirements of the notice; and (b) another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed; the first elector is taken to have complied with the notice’s requirements. 376 Payments for failure to vote (1) If the Aboriginal council sends an elector a notice under section 375(1) for an election and payment is made to the council under section 375(2) to (4), the council must— (a) accept the payment; and (b) give the person a receipt for the payment; and (c) not take any proceeding against the elector for failing to vote at the election. (2) In this section— “proceeding” includes serving an infringement notice. 377 Recording response to notice The Aboriginal council must record against the name of an elector who is given a notice under section 375 on the list made under section 374 whether the elector— (a) has complied with the requirements of the notice under section 375(2)(c); and (b) had a valid and sufficient reason for failing to vote at the election. SCHEDULE 1 (continued) 103 Community Services (Aborigines) Regulation 1998 378 Evidentiary value of list under s 374 In a proceeding, a document purporting to be a list, or a copy of or extract from a list, made under section 374, and to be certified by the Aboriginal council’s clerk is evidence of the matters contained in the document. 379 Disposal of material resulting from election (1) As soon as practicable after giving notice of the final result of the poll to candidates, the returning officer must— (a) destroy all unused ballot papers; and (b) seal up in packets all other parcels sealed up under section 370; and (c) endorse on each packet— (i) a description of its contents; and (ii) the name of the area of the Aboriginal council for which the election was held; and (iii) the polling day; and sign the endorsement; and (d) if the returning officer is not the council’s clerk—give each packet to the clerk. (2) The clerk must keep the packets in safe custody for 1 year. (3) At the end of the year, the clerk must— (a) destroy all ballot papers contained in the packets; and (b) dispose of the other contents of the packets in the way the clerk considers appropriate. (4) Each councillor of the Aboriginal council may attend during the destruction of ballot papers by, or at the direction of, its clerk to ensure the papers are destroyed. SCHEDULE 1 (continued) 104 Community Services (Aborigines) Regulation 1998 380 Ballot papers as evidence In a proceeding, a ballot paper apparently used at an election and identified by evidence as 1 of the ballot papers given to, or held by, the Aboriginal council’s clerk under section 379 is evidence of the vote or votes cast in the election as recorded on the ballot paper. 381 Notice to electors whose ballot papers are not accepted (1) Subsection (2) applies if— (a) in an election, a person makes a declaration vote under section 344(a);21 and (b) the person’s ballot paper is not accepted for counting under section 36522 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a declaration vote in the election. (2) As soon as practicable after an election, the Aboriginal council must send a notice in the approved form to the person advising the person why the ballot paper was not accepted for counting. 382 Notice to electoral commission of certain declaration votes As soon as practicable after the election, the returning officer must give to the electoral commission notice of the names and addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992. 21 Section 344 (Who must cast a declaration vote in ordinary elections) 22 Section 365 (Procedure for processing declaration envelopes) SCHEDULE 1 (continued) 105 Community Services (Aborigines) Regulation 1998 Division 16—Enforcement Subdivision 1—Offences in general 383 False or misleading statements (1) A person must not— (a) state something under this schedule that the person knows is false or misleading in a material particular; or (b) omit from a statement made under this schedule anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—2 penalty units. (2) A complaint against a person for a contravention of subsection (1) is sufficient if it states that the statement was false or misleading to the person’s knowledge. 384 False, misleading or incomplete electoral documents A person must not give a document under this schedule containing information that the person knows is false, misleading or incomplete in a material particular without— (a) indicating that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (b) giving the correct information if the person has, or can reasonably obtain, the correct information. Maximum penalty—2 penalty units. 385 Bribery (1) In this section— “election conduct”, of a person, means— (a) the way in which the person votes at an election; or SCHEDULE 1 (continued) 106 Community Services (Aborigines) Regulation 1998 (b) the person’s nominating as a candidate for an election; or (c) (omitted) (2) A person must not— (a) ask for or receive; or (b) offer, or agree, to ask for or receive; property or a benefit of any kind (whether for the person or someone else) on the understanding that the person’s election conduct will be influenced or affected. (3) A person must not, in order to influence or affect another person’s election conduct, give, or promise or offer to give, property or a benefit of any kind to anyone else. Maximum penalty—2 penalty units. 386 Providing money for illegal payments A person must not knowingly give money for— (a) any payment that is contrary to law relating to elections; or (b) replacing any money that has been spent in making a payment mentioned in paragraph (a). Maximum penalty—2 penalty units. 387 Improperly influencing electoral officers A person must not improperly influence an electoral officer in the performance of the officer’s duties under this regulation. Maximum penalty—2 penalty units. 388 Interfering with election right or duty A person must not hinder or interfere with the free exercise or performance, by another person, of another right or duty under this regulation that relates to an election. Maximum penalty—2 penalty units. SCHEDULE 1 (continued) 107 Community Services (Aborigines) Regulation 1998 389 Forging or uttering electoral papers (1) A person must not— (a) forge an electoral paper; or (b) utter a forged electoral paper knowing it to be forged. Maximum penalty—2 penalty units. (2) A person must not make someone else’s signature on an electoral paper. Maximum penalty—2 penalty units. 390 Wilful neglect etc. of electoral officers An electoral officer must not wilfully neglect or fail to perform a duty under this regulation. Maximum penalty—2 penalty units. 391 No record to be made of vote cast An electoral officer, or scrutineer, must not make a mark, memorandum or note on a voters roll or other list of voters or otherwise— (a) that indicates for whom a person has cast a vote; or (b) that would enable the officer or scrutineer to know or remember for whom a person has cast a vote. Maximum penalty—2 penalty units. Subdivision 2—Offences about electoral advertising and information 392 Responsibility for election matter (1) A person must not, during the election period for an election— (a) print, publish, distribute or broadcast; or (b) permit or authorise someone else to print, publish, distribute or broadcast; SCHEDULE 1 (continued) 108 Community Services (Aborigines) Regulation 1998 any advertisement, handbill, pamphlet or notice containing election matter unless there appears, or is stated, at its end the particulars required by subsection (2). Maximum penalty—2 penalty units. (2) The particulars are the name and address, other than a post office box or facility, of the person who authorised the advertisement, handbill, pamphlet or notice. (3) Subsection (1) does not apply to an advertisement that— (a) is printed, published or distributed on a car sticker, T-shirt, lapel badge, pen, pencil or balloon; or (b) (omitted) (4) Also, subsection (1) does not apply to distributing, or permitting or authorising someone else to distribute, a how-to-vote card. 392A Distribution of how-to-vote cards (1) During the election period for an election, a person must not distribute, or permit or authorise someone else to distribute, a how-to-vote card that does not comply with subsections (2) to (5). Maximum penalty— (a) for an individual—2 penalty units; or (b) for a corporation—2 penalty units. (2) A how-to-vote card must state the name and address of the person who authorised the card. (3) For subsection (2)— (a) the address must not be a post office box; and (b) if the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates, the authorising person must be a member of the group. (4) A how-to-vote card must also state— (a) if the card is authorised for a political party or a candidate endorsed by a political party—the party’s name; or SCHEDULE 1 (continued) 109 Community Services (Aborigines) Regulation 1998 (b) if paragraph (a) does not apply and the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates—the group’s name; or (c) otherwise—the candidate’s name and the word ‘candidate’. Example for paragraph (a)— ‘Authorised P. Smith, 100 Green Street Brisbane for [name of political party]’. Example for paragraph (c)— ‘Authorised R. Jones, 1 Green Street Brisbane for R. Jones (candidate)’. (5) The particulars mentioned in subsections (2) and (4) must appear— (a) at the end of each printed face of the how-to-vote card; and (b) in prominent and legible characters in print no smaller than— (i) if the card is not larger than A6—10 point; or (ii) if the card is larger than A6 but not larger than A3—14 point; or (iii) if the card is larger than A3—20 point. (6) During the election period for an election, a person must not distribute, or permit or authorise someone else to distribute, a how-to-vote card if the person knows, or ought reasonably to know, that the particulars, or any of the particulars, mentioned in subsections (2) and (4) on the card are false. Maximum penalty— (a) for an individual—2 penalty units; or (b) for a corporation—2 penalty units. (7) In this section— “associated entity” means an incorporated or unincorporated body, or the trustee of a trust, that— (a) is controlled by 1 or more political parties; or (b) operates wholly or mainly for the benefit of 1 or more political parties. SCHEDULE 1 (continued) 110 Community Services (Aborigines) Regulation 1998 “group of candidates” means a group of candidates— (a) formed to promote the election of the candidates for a particular Aboriginal council, but does not include a political party or an associated entity; and (b) that has a name. “name”, of a political party, means— (a) if the register includes an abbreviation of the party’s name—the abbreviation; or (b) otherwise—the party’s full name included in the register. “register” means the register of political parties kept under the Electoral Act 1992. 393 Headline to electoral advertisements The proprietor of a newspaper commits an offence if— (a) an article, or a paragraph, containing matter about an election is printed in the newspaper; and (b) either— (i) the insertion of the article or paragraph is, or is to be, paid for; or (ii) any reward or compensation, or promise of reward or compensation, is, or is to be, made for the insertion of the article or paragraph; and (c) the proprietor does not cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer. Maximum penalty—2 penalty units. 394 Misleading voters (1) During an election period, a person must not print, publish, distribute or broadcast anything that is intended or likely to mislead an elector about the way of voting at the election. SCHEDULE 1 (continued) 111 Community Services (Aborigines) Regulation 1998 (2) A person must not, for the purpose of affecting the election of a candidate, knowingly publish a false statement of fact about the personal character or conduct of the candidate. (3) During an election period, a person must not print, publish, distribute or broadcast by television anything that purports to be a representation of a ballot paper for use in the election, if it is likely to induce an elector to vote other than in accordance with this part. Maximum penalty—2 penalty units. Subdivision 3—Offences about voting 395 Failure to vote (1) An elector must not— (a) fail to vote at an election without valid and sufficient reason; or (b) fail to comply with the requirements of a notice given to the elector under section 375; or (c) purport to comply with the requirements of a notice given to the elector under section 375, make a statement the elector knows to be false or misleading in a material particular. Maximum penalty—1 penalty unit. (2) An elector’s belief that it is part of the elector’s religious duty not to vote at elections is valid and sufficient reason for the elector’s failure to vote in a particular election. (3) A complaint against a person for a contravention of subsection (1)(c) is sufficient if it states that the statement was false or misleading to the person’s knowledge. 396 Leave to vote (1) This section applies if— (a) an employee who is an elector asks his or her employer, before polling day for an election, for leave of absence to vote at the election; and SCHEDULE 1 (continued) 112 Community Services (Aborigines) Regulation 1998 (b) the absence is necessary to enable the employee to vote at the election. (2) The employer must allow the employee leave of absence for a reasonable period (not more than 2 hours) to enable the employee to vote at the election, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned. (3) The employer must not impose any penalty or disproportionate deduction of pay for the leave of absence. (4) An employee must not ask for leave of absence under subsection (1) to vote at an election unless the employee genuinely intends to vote at the election. Maximum penalty—2 penalty units. 397 Canvassing in or near polling booths (1) During an election period, a person must not do any of the things mentioned in subsection (2)— (a) inside a polling booth; or (b) within 6 m of an entrance to a building if— (i) the building is, or is part of, a polling booth; and (ii) either a ballot box is in the building for use in the election, or a person is in the building for the purpose of casting a vote in the election. (2) The things are— (a) canvassing for votes; or (b) inducing an elector not to— (i) vote in a particular way; or (ii) vote at all in the election; or (c) loitering; or (d) obstructing the free passage of a person seeking to vote. Maximum penalty—2 penalty units. SCHEDULE 1 (continued) 113 Community Services (Aborigines) Regulation 1998 398 Interrupting voting etc. A person must not— (a) enter or remain in a polling booth other than under this regulation; or (b) wilfully interrupt, obstruct or disturb any proceeding at an election; or (c) enter a voting compartment other than under this regulation; or (d) prevent a scrutineer from entering or leaving a polling place— (i) during voting hours for the polling place; or (ii) while votes are being counted at the polling place; or (e) obstruct or wilfully mislead an electoral officer in the performance of a duty. Maximum penalty—2 penalty units. 399 Influencing voting A person must not, by violence or intimidation, influence a person’s vote at an election. Maximum penalty—2 penalty units. 400 Party badges not to be worn in polling booths (omitted) 401 Voting if not entitled A person must not, at an election— (a) vote in someone else’s name (including a dead or fictitious person); or (b) vote more than once; or (c) cast a vote that the person knows the person is not entitled to cast; or SCHEDULE 1 (continued) 114 Community Services (Aborigines) Regulation 1998 (d) if the person knows someone else is not entitled to vote at the election, procure the other person to vote. Maximum penalty—2 penalty units. 402 Offences relating to ballot papers (1) A person must not— (a) wilfully fail to comply with section 336 or 351; or (b) take a ballot paper out of a polling booth other than under this part; or (c) place in a ballot box a ballot paper that has not been— (i) given to an elector under this part; or (ii) marked by the elector. (2) A person must not, without lawful excuse, obtain possession of or have in the person’s possession— (a) a ballot paper that has been marked by anyone else; or (b) a declaration form or envelope that has been signed by anyone else. Maximum penalty—2 penalty units. 403 Failure to deliver or post documents for someone else (1) If a person is given, for delivery or posting to the returning officer— (a) an application by someone else to be treated as a declaration voter; or (b) a declaration form that appears to be completed; the person must promptly deliver or post it to the returning officer. (2) If a person is given, for delivery or posting to the returning officer, a declaration envelope that appears to be completed, the person must give or post it to the returning officer before 6 p.m. on polling day. Maximum penalty—2 penalty units. SCHEDULE 1 (continued) 115 Community Services (Aborigines) Regulation 1998 404 Breach of confidentiality of vote (1) A person must not examine a ballot paper used in the election to ascertain the candidates for whom an elector has voted. (2) Subsection (1) does not apply to a proceeding in a court or a person in the performance of functions under this regulation. (3) If, in performing a function for an election, a person has ascertained the candidates for whom an elector has cast a vote, the person must not disclose, or assist in disclosing, that fact, unless the person is required by law to make the disclosure. Maximum penalty—2 penalty units. 405 Breaking seals on parcels A person must not wilfully open or break the seal of a parcel or packet sealed under this part unless the person is authorised under this regulation or ordered by a court to open or break the seal. Maximum penalty—2 penalty units. 406 Duty of witness to signing of declaration voting papers A person (the “witness”) must not sign a declaration envelope as witness under section 351 unless— (a) the witness is satisfied of the identity of the elector who signs the declaration before the witness; and (b) the witness has seen the elector sign the declaration; and (c) either— (i) the witness knows that the declaration made by the elector is true; or (ii) the witness is satisfied that the declaration is true because of inquiries of the elector or otherwise. Maximum penalty—2 penalty units. SCHEDULE 1 (continued) 116 Community Services (Aborigines) Regulation 1998 Subdivision 4—(omitted) PART 7—FRESH ELECTIONS 408 Requirements for fresh election (omitted) 409 Time for fresh election (omitted) 410 Returning officer for fresh election The returning officer for a fresh election of councillors of an Aboriginal council is the council’s clerk or, if there is no clerk, a person appointed by the Minister. 411 Voters roll for fresh election A voters roll for a fresh election must be compiled under the order in council directing the holding of the fresh election. 412 Other provisions of schedule apply The provisions of this schedule (other than this part) apply, with all necessary changes (words omitted) to a fresh election as if the election were a quadrennial election. 413 Extension of term of councillors (omitted) PART 8–(omitted) 117 Community Services (Aborigines) Regulation 1998 SCHEDULE 1A DECLARATION OF COUNCIL AREAS section 64A Column 1 Column 2 Part of the State Council area The land mentioned in the first and second schedules of deed of grant reference number 16929228 Cherbourg Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 50184313 and the land described as lot 1 on crown plan PK3 and roads within the external boundaries of the lot Doomadgee Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21321062 Hope Vale Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21328058 Injinoo Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21345064 Kowanyama Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21352021 Lockhart River Aboriginal Council area The land described as lot 3 on crown plan WP37, lots 4 and 6 on crown plan WP53, and lot 2 on crown plan WP839186 and roads within the external boundaries of lot 2 and lot 2 on Crown plan WP839186 Mapoon Aboriginal Council area 118 Community Services (Aborigines) Regulation 1998 SCHEDULE 1A (continued) The land mentioned in the first and second schedules of deed of grant reference number 21378037 Napranum Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21328060 New Mapoon Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21328055 Palm Island Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21345063 Pormpuraaw Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21328059 Umagico Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 30563185 Woorabinda Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21352023 Wujal Wujal Aboriginal Council area The land mentioned in the first and second schedules of deed of grant reference number 21328056 Yarrabah Aboriginal Council area Column 1 Column 2 Part of the State Council area 119 Community Services (Aborigines) Regulation 1998 SCHEDULE 1B AURUKUN COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1B In this schedule— “main indigenous social grouping” means each of the following groups of indigenous persons— • Archer, Watson and Top Kendall Rivers • Cape Keerweer • Kendall and Holroyd Rivers • Knox River • Love River • Ti Tree-Oonyawa • Upper Kirke River • Wik Way. “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Shire of Aurukun is Aurukun Community Justice Group. SCHEDULE 1B (continued) 120 Community Services (Aborigines) Regulation 1998 PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 8 but not more than 40 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate not more than 5 persons, who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised. (3) The gazette notice must include the following information— SCHEDULE 1B (continued) 121 Community Services (Aborigines) Regulation 1998 (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping the person represents. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping each member represents. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). 122 Community Services (Aborigines) Regulation 1998 SCHEDULE 1B (continued) PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)23 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 23 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 123 Community Services (Aborigines) Regulation 1998 SCHEDULE 1B (continued) 12 Quorum for special meeting A quorum for a special meeting is 5 members of the justice group, each of whom must be a representative of a different main indigenous social grouping. 13 Number of members at special meeting At a special meeting, not more than 2 members of each main indigenous social grouping, who are members of the justice group, may be present. 14 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 15 Voting at special meeting (1) Only 1 member (the “voting member”) of each main indigenous social grouping may vote on a question to be decided at a special meeting. (2) If more than 1 member of a main indigenous social grouping is present at a special meeting, the members of the justice group who represent the grouping— (a) may decide the grouping’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question and, if the votes are equal, the question is decided in the negative. 124 Community Services (Aborigines) Regulation 1998 SCHEDULE 1C DOOMADGEE COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1C In this schedule— “council” means the Doomadgee Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Gadawa • Gangalida • Lardill • Mingginda • Waanyi. “nominating entity” means any of the following— (a) a main indigenous social grouping; (b) Doomadgee CDEP Aboriginal Corporation ABN 91 096 896 192; (c) the council; (d) Warragudja Aboriginal Corporation ABN 38 365 831 274; (e) Warrgoobulginda Aboriginal Corporation ABN 17 807 264 224; (f) the chief executive of the department in which the Education (General Provisions) Act 1989 is administered; (g) the chief executive of the department in which the Health Services Act 1991 is administered. “special meeting” see section 9(2). 125 Community Services (Aborigines) Regulation 1998 SCHEDULE 1C (continued) PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Doomadgee Aboriginal Council area is Ngooderi Mabuntha Community Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 5 but not more than 17 members. 4 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate 2 persons, who are members of the grouping to be members of the justice group. (2) Also, each of the following entities may nominate 1 person to be a member of the justice group— (a) Doomadgee CDEP Aboriginal Corporation ABN 91 096 896 192; (b) the council; (c) Warragudja Aboriginal Corporation ABN 38 365 831 274; (d) Warrgoobulginda Aboriginal Corporation ABN 17 807 264 224; (e) the chief executive of the department in which the Education (General Provisions) Act 1989 is administered. (3) The chief executive of the department in which the Health Services Act 1991 is administered may nominate 2 persons who are employees of the department to be members of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. 126 Community Services (Aborigines) Regulation 1998 SCHEDULE 1C (continued) (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 5(1) or (2); (b) the day stated in the gazette notice. 5 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 4 is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 6 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) is absent from 3 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or 127 Community Services (Aborigines) Regulation 1998 SCHEDULE 1C (continued) (b) the member’s nomination is withdrawn under section 4. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 7 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 6(1)(a), advise the Minister of the vacancy. 8 Term of membership (1) Subject to subsection (2), a member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 4(6); and (b) ending on the earlier of the following— (i) 3 years after the day the member’s nomination takes effect; (ii) the day the member’s office becomes vacant under section 6(1). (2) If the office of a member (the “former member”) becomes vacant under section 6(1), a person nominated to fill the vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant. 128 Community Services (Aborigines) Regulation 1998 SCHEDULE 1C (continued) PART 4—BUSINESS AND MEETINGS 9 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)24 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 10 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 24 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 129 Community Services (Aborigines) Regulation 1998 SCHEDULE 1C (continued) 11 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members, at least 3 of whom must each represent a different main indigenous social grouping. 12 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 13 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the voting members for the question and, if the votes are equal, the question is decided in the negative. 130 Community Services (Aborigines) Regulation 1998 SCHEDULE 1D NAPRANUM COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1D In this schedule— “council” means the Napranum Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Alingith • Anagoon • Andoom • Aurdrang • Luang • Peppan • Thanquith • Thionton • Wathayan • the Torres Strait Islander grouping. “nominating entity” means either of the following— (a) a main indigenous social grouping; (b) the council. “special meeting” see section 9(2). “Torres Strait Islander grouping” means the indigenous social grouping comprised of Torres Strait Islanders who have a historical association with the Napranum Aboriginal Council area. 131 Community Services (Aborigines) Regulation 1998 SCHEDULE 1D (continued) PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Napranum Aboriginal Council area is the Twal Council of Elders Napranum Community Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 10 but not more than 39 members. 4 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping other than the Torres Strait Islander grouping must nominate at least 1 person, and may nominate up to 4 persons, who are members of the grouping to be members of the justice group. (2) The Torres Strait Islander grouping must nominate 1 person, who is a member of the grouping, to be a member of the justice group. (3) The council may nominate 1 or 2 councillors of the council to be members of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 5(1) or (2); (b) the day stated in the gazette notice. 132 Community Services (Aborigines) Regulation 1998 SCHEDULE 1D (continued) 5 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 4 is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 6 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (b) the member’s nomination is withdrawn under section 4. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 7 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 6(1)(a), advise the Minister of the vacancy. 133 Community Services (Aborigines) Regulation 1998 SCHEDULE 1D (continued) 8 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 4(6); and (b) ending on the day the member’s office becomes vacant under section 6(1). PART 4—BUSINESS AND MEETINGS 9 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. 134 Community Services (Aborigines) Regulation 1998 SCHEDULE 1D (continued) (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)25 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 10 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 11 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members, at least 5 of whom must each represent a different main indigenous social grouping. 12 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 25 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 135 Community Services (Aborigines) Regulation 1998 SCHEDULE 1D (continued) 13 Voting at special meeting (1) Only 1 member (the “voting member”) nominated by each nominating entity that is represented at a special meeting may vote on a question to be decided at the meeting. (2) If more than 1 member of a main indigenous social grouping or more than 1 member who is a councillor of the council, is present at a special meeting, the members of the justice group who represent the grouping or the council— (a) may decide the grouping’s or council’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s or council’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question and, if the votes are equal, the question is decided in the negative. 136 Community Services (Aborigines) Regulation 1998 SCHEDULE 1E INJINOO COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1E In this schedule— “council” means the Injinoo Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Angkamuthi • Atambaya • Gudang • Yadhaykenu • historical residents of the Injinoo Aboriginal Council area. “nominating entity” means— (a) a main indigenous social grouping; or (b) the council. “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Injinoo Aboriginal Council area is Ikama Ikya Community Justice Group. 137 Community Services (Aborigines) Regulation 1998 SCHEDULE 1E (continued) PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 5 but not more than 46 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate 1 person, and may nominate up to 9 persons, who are members of the grouping to be members of the justice group. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. 138 Community Services (Aborigines) Regulation 1998 SCHEDULE 1E (continued) (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— 139 Community Services (Aborigines) Regulation 1998 SCHEDULE 1E (continued) (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)26 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. 26 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 140 Community Services (Aborigines) Regulation 1998 SCHEDULE 1E (continued) (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 141 Community Services (Aborigines) Regulation 1998 SCHEDULE 1F KOWANYAMA COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1F In this schedule— “council” means the Kowanyama Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Kikomnjena • Kokoberra • Kunjen. “nominating entity” means— (a) a main indigenous social grouping; or (b) the council. “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Kowanyama Aboriginal Council area is Kowanyama Community Justice Group. 142 Community Services (Aborigines) Regulation 1998 SCHEDULE 1F (continued) PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 15 but not more than 19 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate 5 persons, and may nominate 6 persons, who are members of the grouping to be members of the justice group. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. 143 Community Services (Aborigines) Regulation 1998 SCHEDULE 1F (continued) (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). 144 Community Services (Aborigines) Regulation 1998 SCHEDULE 1F (continued) PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)27 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 8. 27 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 145 Community Services (Aborigines) Regulation 1998 SCHEDULE 1F (continued) 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 146 Community Services (Aborigines) Regulation 1998 SCHEDULE 1G LOCKHART RIVER COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1G In this schedule— “council” means the Lockhart River Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Ankum • Kaanju • Kanthanampu • Kuuku Ya’u • Ngaympal • Umpila • Uupan • Uutaalnganu • Wathathi • Yaawun. “nominating entity” means— (a) a main indigenous social grouping; or (b) the group of employees of the council who work at the Pytham Women’s Shelter; or (c) the council. “special meeting” see section 10(2). 147 Community Services (Aborigines) Regulation 1998 SCHEDULE 1G (continued) PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Lockhart River Aboriginal Council area is Walpamu Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 20 but not more than 34 members. 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) lives in the council area; and (c) has lived in the area for at least 1 month before the person is nominated as a member; and (d) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 2 persons, and may nominate 3 persons, who are members of the grouping to be members of the justice group. 148 Community Services (Aborigines) Regulation 1998 SCHEDULE 1G (continued) (2) The group of employees of the council who work at the Pytham Women’s Shelter may nominate up to 3 females to be members of the justice group. (3) The council may nominate 1 person who is a councillor of the council to be a member of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1), (2) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— 149 Community Services (Aborigines) Regulation 1998 SCHEDULE 1G (continued) (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (iv) is absent from 3 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1). PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. 150 Community Services (Aborigines) Regulation 1998 SCHEDULE 1G (continued) (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)28 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by at least 6 members of the justice group, each of whom represents a different main indigenous social grouping. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 7 members, each of whom must represent a different nominating entity. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 28 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 151 Community Services (Aborigines) Regulation 1998 SCHEDULE 1G (continued) 14 Voting at special meeting (1) Only 1 member (the “voting member”) nominated by each nominating entity that is represented at a special meeting may vote on a question to be decided at the meeting. (2) If more than 1 representative of a nominating entity is present at a special meeting, the members of the justice group who represent the entity— (a) may decide the entity’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the entity’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question, and if the votes are equal, the question is decided in the negative. 152 Community Services (Aborigines) Regulation 1998 SCHEDULE 1H PORMPURAAW COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1H In this schedule— “main indigenous social grouping” means each of the following groups of indigenous persons— • Mungkan • Thayorre. “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Pormpuraaw Aboriginal Council area is Pormpuraaw Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 6 but not more than 12 members. 153 Community Services (Aborigines) Regulation 1998 SCHEDULE 1H (continued) 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) lives in the Pormpuraaw Aboriginal Council area; and (c) has lived in the area for at least 1 month before the person is nominated as a member. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 3 persons, and may nominate up to 6 persons, who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; 154 Community Services (Aborigines) Regulation 1998 SCHEDULE 1H (continued) (b) the main indigenous social grouping that nominated the person, or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). 155 Community Services (Aborigines) Regulation 1998 SCHEDULE 1H (continued) PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)29 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 29 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 156 Community Services (Aborigines) Regulation 1998 SCHEDULE 1H (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 157 Community Services (Aborigines) Regulation 1998 SCHEDULE 1I UMAGICO COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1I In this schedule— “council” means the Umagico Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons who live in the council area— • Aboriginal people • Torres Strait Islanders. “nominating entity” means— (a) a main indigenous social grouping; or (b) the council. “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Umagico Aboriginal Council area is the Umagico Community Justice Group. 158 Community Services (Aborigines) Regulation 1998 SCHEDULE 1I (continued) PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 4 but not more than 21 members. 4 Eligibility A person is eligible to be a member of the justice group if the person lives in the Umagico Aboriginal Council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 2 persons who are members of the grouping to be members of the justice group, and may nominate up to 8 other persons to be members of the justice group. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. 159 Community Services (Aborigines) Regulation 1998 SCHEDULE 1I (continued) (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person, or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 160 Community Services (Aborigines) Regulation 1998 SCHEDULE 1I (continued) 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)30 of the Act at a meeting 30 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 161 Community Services (Aborigines) Regulation 1998 SCHEDULE 1I (continued) at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 162 Community Services (Aborigines) Regulation 1998 SCHEDULE 1J WOORABINDA COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1J In this schedule— “council” means the Woorabinda Aboriginal Council. “main indigenous social grouping” means the group of Aboriginal people who live in the council area. “selection committee” see section 3. “special meeting” see section 14(2). PART 2— NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Woorabinda Aboriginal Council area is Woorabinda Community Justice Group. PART 3—SELECTION COMMITTEE 3 Establishment The Woorabinda Community Justice Group Selection Committee (the “selection committee”) is established. 163 Community Services (Aborigines) Regulation 1998 SCHEDULE 1J (continued) 4 Membership (1) The selection committee consists of the following members— (a) 2 persons who are elders of the main indigenous social grouping; (b) 1 person who is— (i) a member of the main indigenous social grouping; and (ii) an employee of a health institution in the council area; (c) 1 person who is— (i) a member of the main indigenous social grouping; and (ii) an employee of an educational institution in the council area. (2) The members mentioned in subsection (1)(a) are to be appointed by the elders of the main indigenous social grouping. (3) The member mentioned in subsection (1)(b) is to be appointed by the chief executive of the department in which the Health Services Act 1991 is administered. (4) The member mentioned in subsection (1)(c) is to be appointed by the chief executive of the department in which the Education (General Provisions) Act 1989 is administered. 5 Functions (1) The functions of the selection committee are— (a) to nominate, under section 9(1), persons to be members of the justice group; and (b) to perform other functions given to the selection committee under this schedule. (2) For performing its functions, the selection committee is constituted by the number of members of the committee for the time being holding office. 164 Community Services (Aborigines) Regulation 1998 SCHEDULE 1J (continued) 6 Conduct of business by selection committee The selection committee may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. PART 4—MEMBERSHIP 7 Number of members The justice group comprises at least 8 but not more than 20 members. 8 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of the main indigenous social grouping; and (b) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment. 9 Nomination, and withdrawal of nomination, of members (1) The selection committee must nominate at least 8, and may nominate up to 20, members of the main indigenous social grouping to be members of the justice group. (2) The selection committee may, at any time, withdraw a nomination made by it. (3) The selection committee must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— 165 Community Services (Aborigines) Regulation 1998 SCHEDULE 1J (continued) (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 10(1) or (2); (b) the day stated in the gazette notice. 10 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 9(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 9. (3) The gazette notice must include the name of the person who is nominated or whose nomination is withdrawn. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group. 11 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (b) the member’s nomination is withdrawn under section 9. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 12 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 11(1)(a), advise the Minister of the vacancy. 166 Community Services (Aborigines) Regulation 1998 SCHEDULE 1J (continued) 13 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 9(4); and (b) ending on the day the member’s office becomes vacant under section 11(1). PART 5—BUSINESS AND MEETINGS 14 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)31 of the Act at a meeting 31 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 167 Community Services (Aborigines) Regulation 1998 SCHEDULE 1J (continued) at which the coordinator for the justice group is present (a “special meeting”). 15 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 16 Quorum for special meeting A quorum for a special meeting of the justice group is 5. 17 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 18 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 168 Community Services (Aborigines) Regulation 1998 SCHEDULE 1K CHERBOURG COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1K In this schedule— “council” means the Cherbourg Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • traditional owners of the council area • other indigenous residents of the council area or the Kingaroy, Murgon, Nanango or Wondai local government area. “nominating entity” see section 5(1). “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Cherbourg Aboriginal Council area is Barambah Community Justice Group. 169 Community Services (Aborigines) Regulation 1998 SCHEDULE 1K (continued) PART 3—MEMBERSHIP 3 Number of members The justice group comprises 13 members. 4 Eligibility (1) A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) lives in the council area or the Kingaroy, Murgon, Nanango or Wondai local government area (the “relevant area”); and (c) has lived in the relevant area for at least 5 years immediately before the person is nominated to be a member of the justice group. (2) For subsection (1)(c), it is irrelevant whether the person has, for the 5 years, lived in 1 or more of the council areas mentioned in the paragraph. 5 Nomination, and withdrawal of nomination, of members (1) Each entity mentioned in column 1 of the following table (a “nominating entity”) must nominate the person or persons mentioned in column 2 opposite the entity to be members of the justice group— Table Column 1 Column 2 1. The main indigenous social grouping that is the traditional owners of the council area 1 female person and 1 male person 2. The main indigenous social grouping that is the other indigenous residents of the council area or the Kingaroy, Murgon, Nanango or Wondai local government area 2 female persons and 2 male persons 170 Community Services (Aborigines) Regulation 1998 SCHEDULE 1K (continued) (2) A nominating entity may, at any time, withdraw a nomination made by it. (3) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— 3. Cherbourg Elders Group 1 female person 1 male person 4. Cherbourg Aboriginal Council 1 elected member of the Council 5. Cherbourg Elders Family Support Program Inc ABN 89 169 476 479 1 female person 6. Jundah Aboriginal Corporation ABN 67 108 840 684 1 female person 7. Cherbourg Primary P&C Association ABN 52 467 302 311 1 person 8. The chief executive of the department in which the Health Services Act 1991 is administered 1 person Column 1 Column 2 171 Community Services (Aborigines) Regulation 1998 SCHEDULE 1K (continued) (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 3 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership (1) Subject to subsection (2), a member of the justice group holds office for 4 years starting on the day the member’s nomination takes effect under section 5(4). 172 Community Services (Aborigines) Regulation 1998 SCHEDULE 1K (continued) (2) If the office of a member (the “former member”) becomes vacant under section 7(1), a person nominated to fill the resulting vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant. PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)32 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. 32 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 173 Community Services (Aborigines) Regulation 1998 SCHEDULE 1K (continued) (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5, at least 1 of whom must be a person who represents a main indigenous social grouping. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members present and, if the votes are equal, the member presiding has a casting vote. 174 Community Services (Aborigines) Regulation 1998 SCHEDULE 1L MAPOON COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1L In this schedule— “council” means the Mapoon Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Taepathiggi • Thanakwith • Tjungundji • Warrangku • Yupungathi • historical residents of the council area. “nominating entity” means the following entities— (a) a main indigenous social grouping; (b) the council; (c) the Mapoon Women’s group; (d) the Mapoon Men’s group; (e) Western Cape College ABN 30 531 079 796; (f) Mapoon Primary Health Care Centre ABN 66 329 169 412. “special meeting” see section 10(2). 175 Community Services (Aborigines) Regulation 1998 SCHEDULE 1L (continued) PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Mapoon Aboriginal Council area is Mapoon Community Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 10 but not more than 37 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate up to 4 persons, who are members of the grouping to be members of the justice group. (2) Each of the following nominating entities must nominate at least 1 person, and may nominate up to 4 persons, to be members of the justice group— (a) the Mapoon Women’s group; (b) the Mapoon Men’s group. (3) The council— (a) must nominate 2 persons who work for the home and community care program in the council area to be members of the justice group; and 176 Community Services (Aborigines) Regulation 1998 SCHEDULE 1L (continued) (b) may nominate 1 other person to be a member of the justice group. (4) Each of the following nominating entities may nominate 1 person to be a member of the justice group— (a) Western Cape College ABN 30 531 079 796; (b) Mapoon Primary Health Care Centre ABN 66 329 169 412. (5) A nominating entity may, at any time, withdraw a nomination made by it. (6) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (7) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) to (4) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person, or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 177 Community Services (Aborigines) Regulation 1998 SCHEDULE 1L (continued) 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(7); and (b) ending on the day the member’s office becomes vacant under section 7(1). 178 Community Services (Aborigines) Regulation 1998 SCHEDULE 1L (continued) PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)33 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 10. 33 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 179 Community Services (Aborigines) Regulation 1998 SCHEDULE 1L (continued) 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting (1) For each main indigenous social grouping, not more than 2 members who represent the grouping (the “voting members”) may vote on a question to be decided at a special meeting. (2) For the following nominating entities, not more than 2 members who represent the entity (also the “voting members”) may vote on a question to be decided at a special meeting— (a) the Mapoon Women’s group; (b) the Mapoon Men’s group. (3) The members of the justice group who represent the council (also the “voting members”) may vote on a question to be decided at a special meeting. (4) If more than 2 members of a main indigenous social grouping, or more than 2 members of the justice group who represent the Mapoon Women’s group or the Mapoon Men’s group are present at a special meeting, the members of the justice group who represent the grouping or group— (a) may decide the grouping’s or group’s voting members for a question; and (b) if more than 1 question is to be decided, may decide that different members are the grouping’s or group’s voting members for different questions. (5) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question, and if the votes are equal, the member presiding has a casting vote. 180 Community Services (Aborigines) Regulation 1998 SCHEDULE 1M NEW MAPOON COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1M In this schedule— “council” means the New Mapoon Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Aboriginal people • Torres Strait Islanders • traditional owners of the council area. “nominating entity” means— (a) a main indigenous social grouping; or (b) the council. “special meeting” see section 10(2). PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the New Mapoon Aboriginal Council area is Mandthingu Community Justice Group. 181 Community Services (Aborigines) Regulation 1998 SCHEDULE 1M (continued) PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 3 but not more than 20 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person who is a member of the grouping to be a member of the justice group. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. 182 Community Services (Aborigines) Regulation 1998 SCHEDULE 1M (continued) (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). 183 Community Services (Aborigines) Regulation 1998 SCHEDULE 1M (continued) PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)34 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 34 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 184 Community Services (Aborigines) Regulation 1998 SCHEDULE 1M (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 185 Community Services (Aborigines) Regulation 1998 SCHEDULE 1N WUJAL WUJAL COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1N In this schedule— “main indigenous social grouping” means each of the following groups of indigenous persons— • Jalungi • Kuku Nyungkul • Kuku Yalanji • traditional owners of the Wujal Wujal Aboriginal Council area. “nominating entity” means— (a) a main indigenous social grouping; or (b) each of the following groups of indigenous persons in the Wujal Wujal Aboriginal Council area— (i) the elders’ group; (ii) the health group; (iii) the men’s group; (iv) the women’s group. “special meeting” see section 10(2). 186 Community Services (Aborigines) Regulation 1998 SCHEDULE 1N (continued) PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Wujal Wujal Aboriginal Council area is Wujal Wujal Warranga Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 16 but not more than 32 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) Each nominating entity must nominate 2 persons, and may nominate up to 4 persons, to be members of the justice group. (2) A nominating entity may, at any time, withdraw a nomination made by it. (3) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 187 Community Services (Aborigines) Regulation 1998 SCHEDULE 1N (continued) 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) is absent from 5 consecutive special meetings without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 188 Community Services (Aborigines) Regulation 1998 SCHEDULE 1N (continued) 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. 189 Community Services (Aborigines) Regulation 1998 SCHEDULE 1N (continued) (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)35 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by at least 5 members of the justice group who represent at least 5 different nominating entities. 12 Quorum for special meeting A quorum for a special meeting is 6, at least 5 of whom must each represent a different nominating entity. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 35 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 190 Community Services (Aborigines) Regulation 1998 SCHEDULE 1N (continued) 14 Voting at special meeting (1) Only 1 member (the “voting member”) nominated by each nominating entity that is represented at a special meeting may vote on a question to be decided at the meeting. (2) If more than 1 representative of a nominating entity is present at a special meeting, the members of the justice group who represent the entity— (a) may decide the entity’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the entity’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question, and if the votes are equal, the question is decided in the negative. 191 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O YARRABAH COMMUNITY JUSTICE GROUP section 64B PART 1—PRELIMINARY 1 Definitions for sch 1O In this schedule— “council” means the Yarrabah Aboriginal Council. “main indigenous social grouping” means each of the following groups of indigenous persons— • Gungaandji • Yindinji • historical residents of the council area. “nominating entity” means the following entities— (a) a main indigenous social grouping; (b) the council; (c) Yarrabah Aboriginal Corporation for Women ABN 24 891 650 266; (d) Gurriny Yealamucka (Good Health) Services Aboriginal Corporation ABN 31 210 982 991; (e) Yarrabah Seahawks Rugby League Football and Sports Club Aboriginal Corporation ABN 53 412 591 075; (f) Yarrabah Police Citizens Youth Club; (g) the chief executive of the department in which the Education (General Provisions) Act 1989 is administered; (h) the chief executive of the department in which the Health Services Act 1991 is administered. “special meeting” see section 10(2). 192 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O (continued) PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 86(2) The name of the community justice group for the Yarrabah Aboriginal Council area is Yarrabah Community Justice Group. PART 3—MEMBERSHIP 3 Number of members The justice group comprises at least 13 but not more than 68 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the council area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 4 persons, and may nominate up to 20 persons, who are members of the grouping to be members of the justice group. (2) The council— (a) may nominate 1 person to be members of the justice group as a representative of the council; and (b) must nominate 1 person to be members of the justice group as a representative of the Yarrabah Youth Leisure Centre. (3) Each other nominating entity may nominate 1 person to be a member of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. 193 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O (continued) (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1), (2) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person, or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (b) the member’s nomination is withdrawn under section 5. 194 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O (continued) (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1). PART 4—BUSINESS AND MEETINGS 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. 195 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O (continued) (2) The justice group may only make decisions about business relating to its functions under section 87(1)(a), (c), (d) or (e)36 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting”). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting (1) A quorum for a special meeting of the justice group is 10. (2) A quorum must include— (a) at least 1 representative of each main indigenous social grouping; and (b) if the justice group includes a representative of— (i) only 1 other nominating entity—that representative; or 36 Section 87(1)(a), (c), (d) or (e) of the Act— 87 Functions and powers (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002, part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. 196 Community Services (Aborigines) Regulation 1998 SCHEDULE 1O (continued) (ii) 2 or more other nominating entities—representatives of at least 2 other nominating entities. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting (1) For each main indigenous social grouping, only 1 member who represent the grouping (the “voting member”) may vote on a question to be decided at a special meeting. (2) If more than 1 member of a main indigenous social grouping is present at a special meeting, the members of the justice group who represent the grouping— (a) may decide the grouping’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s voting member for different questions. (3) A question at a special meeting of the justice group is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative. 197 Community Services (Aborigines) Regulation 1998 SCHEDULE 2 DICTIONARY section 2 “clerk” means the person appointed by an Aboriginal council, under section 51, as the clerk of the council. “convicted”, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. “councillor”, of an Aboriginal council, includes the chairperson. “cut-off date” see section 14. “directly elected”, for a chairperson of an Aboriginal council, means directly elected by the electors of the council’s area. “elector” means a person entitled to vote under this regulation. “fine option order” has the meaning given by the Penalties and Sentences Act 1992.37 “indictable offence” includes an indictable offence dealt with summarily. “justice group”, for a relevant schedule, means the community justice group named in the schedule. “pecuniary interest disclosure” means a disclosure made under section 49(1)38 of the Act. “post-election meeting” means a meeting held under section 27. “relevant schedule” means a schedule of this regulation other than schedule 1, 1A or 2. 37 Under the Penalties and Sentences Act 1992, section 4, a fine option order means a fine option order made under part 4, division 2 of the Act. Under a fine option order an order that an offender pay a fine may be suspended to allow the offender to perform community service in place of payment of the fine. The number of hours of community service that may be required in place of a fine must not be more than 10 hours for each penalty unit, or part of a penalty unit, that was imposed as a fine under the original order. 38 Section 49 (Disclosure of interests at meetings) of the Act 198 Community Services (Aborigines) Regulation 1998 SCHEDULE 2 (continued) “spent conviction” means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 1139 of that Act. “trust money”, of an Aboriginal council or the Aboriginal Coordinating Council, means— (a) an amount paid to the council— (i) by way of deposit; or (ii) in trust for a person; or (b) an amount paid to the council that is required by an Act to be paid into its trust fund. 39 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of convictions) 199 Community Services (Aborigines) Regulation 1998 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .199 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .199 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .200 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .200 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 December 2003. Future amendments of the Community Services (Aborigines) Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition o in c = order in council s = section om = omitted sch = schedule orig = original sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SIR = Statutory Instruments Regulation 2002 prec = preceding SL = subordinate legislation pres = present sub = substituted prev = previous unnum = unnumbered 200 Community Services (Aborigines) Regulation 1998 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS 5 List of legislation Community Services (Aborigines) Regulation 1998 SL No. 192 made by the Governor in Council on 23 June 1998 notfd gaz 26 June 1998 pp 1036–7 commenced on date of notification exp 1 September 2008 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Community Services Legislation Amendment Regulation (No. 1) 1998 SL No. 274 pts 1–2 notfd gaz 9 October 1998 pp 489–91 commenced on date of notification Reprint No. Amendments included Effective Reprint date 1 to 1998 SL No. 274 9 October 1998 12 October 1998 1A to 2000 SL No. 9 22 January 2000 8 February 2000 1B to 2000 SL No. 49 24 March 2000 6 April 2000 1C to 2000 SL No. 192 7 July 2000 21 July 2000 1D to 2000 SL No. 240 15 September 2000 25 September 2000 1E to 2002 SL No. 51 22 March 2002 5 April 2002 1F to 2002 SL No. 85 26 April 2002 10 May 2002 (Column discontinued) Notes 1G to 2002 SL No. 200 16 August 2002 R1G withdrawn, see R2 2 to 2002 SL No. 200 16 August 2002 2A to 2002 SL No. 375 30 December 2002 2B to 2003 SL No. 74 24 April 2003 2C rv to 2003 SL No. 97 30 May 2003 2D to 2003 SL No. 198 29 August 2003 2E to 2003 SL No. 301 28 November 2003 2F to 2003 SL No. 365 19 December 2003 2G to 2003 SL No. 385 23 December 2003 201 Community Services (Aborigines) Regulation 1998 Community Services Legislation Amendment Regulation (No. 1) 2000 SL No. 5 pts 1–2 notfd gaz 21 January 2000 pp 192–3 commenced on date of notification Community Services (Aborigines) and Other Legislation Amendment Regulation (No. 1) 2000 SL No. 9 pts 1–2 notfd gaz 21 January 2000 pp 192–3 ss 1–2 commenced on date of notification remaining provisions commenced 22 January 2000 (see s 2 and 2000 SL No. 5) Community Services Legislation Amendment Regulation (No. 2) 2000 SL No. 49 pts 1–2 notfd gaz 24 March 2000 pp 1130–1 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2000 SL No. 192 notfd gaz 7 July 2000 pp 857–8 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 2) 2000 SL No. 240 notfd gaz 15 September 2000 pp 222–5 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2002 SL No. 51 notfd gaz 22 March 2002 pp 1112–13 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2002 SL No. 85 pts 1–2 notfd gaz 26 April 2002 pp 1540–3 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 2) 2002 SL No. 200 notfd gaz 16 August 2002 pp 1420–1 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 3) 2002 SL No. 375 notfd gaz 20 December 2002 pp 1359–63 ss 1–2 commenced on date of notification remaining provisions commenced 30 December 2002 (see s 2) Community Services Legislation Amendment Regulation (No. 1) 2003 SL No. 74 pts 1–2 notfd gaz 24 April 2003 pp 1436–7 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2003 SL No. 97 notfd gaz 30 May 2003 pp 371–6 commenced on date of notification Community Services Legislation Amendment Regulation (No. 2) 2003 SL No. 198 pts 1–2 notfd gaz 29 August 2003 pp 1443–4 commenced on date of notification 202 Community Services (Aborigines) Regulation 1998 Community Services (Aborigines) Amendment Regulation (No. 2) 2003 SL No. 301 notfd gaz 28 November 2003 pp 1032–5 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 3) 2003 SL No. 365 notfd gaz 19 December 2003 pp 1307–13 commenced on date of notification Community Services Legislation Amendment Regulation (No. 3) 2003 SL No. 384 pts 1–2 notfd gaz 23 December 2003 pp 1325–6 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 4) 2003 SL No. 385 notfd gaz 23 December 2003 pp 1325–6 commenced on date of notification 6 List of annotations Meaning of “conclusion” of election for Aboriginal council s 3 om 2003 SL No. 384 s 3 Resolution of Aboriginal council s 6 amd 2000 SL No. 5 s 3 Petition by electors of area s 7 amd 2000 SL No. 5 s 3 Minister to make decision about resolution or petition s 8 amd 2000 SL No. 5 s 3 Change in membership takes effect at next quadrennial election prov hdg amd 2000 SL No. 5 s 3 s 9 amd 2000 SL No. 5 s 3 General qualifications s 10 sub 2003 SL No. 384 s 4 General disqualifications s 11 amd 2003 SL No. 97 s 3 sub 2003 SL No. 384 s 4 Disqualification and vacation of office for certain offences s 11A ins 2003 SL No. 384 s 4 Review of lawfulness of membership of Aboriginal council s 11B ins 2003 SL No. 384 s 4 Councillor ceases to be councillor on becoming candidate for the Legislative Assembly s 11C ins 2003 SL No. 384 s 4 Termination of Aboriginal council employment on becoming councillor s 11D ins 2003 SL No. 384 s 4 203 Community Services (Aborigines) Regulation 1998 Term of office as appointed councillor s 12 amd 2000 SL No. 5 s 3 When councillor’s office becomes vacant s 13 amd 2000 SL No. 5 s 3; 2003 SL No. 384 s 5 Filling of earlier vacancies by by-election s 14 amd 2000 SL No. 5 s 3 Division 4—Provisions for Mapoon Aboriginal Council area div 4 (ss 15A–15D) ins 2000 SL No. 9 s 4 Membership of Aboriginal councils s 16 amd 2000 SL No. 5 s 3 Duration of appointment of chairperson s 17 amd 2000 SL No. 5 s 3 Resolution of Aboriginal council s 22 amd 2000 SL No. 5 s 3 Petition by electors of area s 23 amd 2000 SL No. 5 s 3 Direct election of chairperson takes effect at next election s 25 amd 2000 SL No. 5 s 3 Post-election meetings s 27 amd 2000 SL No. 5 s 3 Procedure at meetings s 33 amd 2000 SL No. 49 s 3 Public notice of resolution authorising remuneration s 42 amd 2003 SL No. 198 s 3 Community funds s 44 amd 2002 SL No. 85 s 3 Approved forms for annual financial statements s 49 amd 2003 SL No. 97 s 4 Appointment of chairperson and deputy chairperson s 58 amd 2000 SL No. 5 s 3 PART 10—ABORIGINAL COUNCIL AREAS pt hdg ins 2000 SL No. 5 s 5 Declaration of council areas—Act, s 39 prov hdg amd 2003 SL No. 97 s 5 s 64A ins 2000 SL No. 5 s 5 PART 10A—COMMUNITY JUSTICE GROUPS pt hdg ins 2002 SL No. 375 s 4 Establishment of community justice groups—Act, s 86(1) s 64B ins 2002 SL No. 375 s 4 204 Community Services (Aborigines) Regulation 1998 Criminal history checks s 64C ins 2003 SL No. 74 s 3 PART 11—MISCELLANEOUS pt hdg prev pt 11 hdg exp 26 June 1998 (see prev s 68) pres pt 11 hdg (prev pt 10 hdg) renum 2000 SL No. 5 s 4 Division 1—Forms div hdg ins 2000 SL No. 240 s 3 Division 2—Financial controllers div hdg ins 2000 SL No. 240 s 4 Appointment of financial controller—Lockhart River Aboriginal Council prov hdg amd 2000 SL No. 240 s 5 s 65A ins 2000 SL No. 192 s 3 sub 2002 SL No. 51 s 3; 2002 SL No. 200 s 3; 2003 SL No. 385 s 3 Appointment of financial controller—Napranum Aboriginal Council s 65B ins 2000 SL No. 240 s 6 om 2002 SL No. 51 s 3 PART 12—TRANSITIONAL PROVISIONS pt hdg ins 2000 SL No. 5 s 6 amd 2002 SL No. 375 s 5 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 s 66 prev s 66 exp 26 June 1998 (see prev s 68) pres s 66 ins 2000 SL No. 5 s 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002 s 67 prev s 67 exp 26 June 1998 (see prev s 68) pres s 67 ins 2002 SL No. 375 s 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003 s 68 prev s 68 exp 26 June 1998 (see prev s 68) pres s 68 ins 2003 SL No. 97 s 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003 s 69 ins 2003 SL No. 301 s 3 Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003 s 70 ins 2003 SL No. 384 s 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003 s 71 ins 2003 SL No. 365 s 3 SCHEDULE 1—ELECTIONS sub 1998 SL No. 274 s 3 205 Community Services (Aborigines) Regulation 1998 PART 1—GENERAL Quadrennial elections prov hdg sub 2000 SL No. 5 s 7(1) s 266 amd 2000 SL No. 5 s 7(2) Types of elections s 267 amd 2000 SL No. 5 s 3 Date of quadrennial elections prov hdg sub 2000 SL No. 5 s 8(1) s 269 amd 2000 SL No. 5 s 8(2) Date of by-elections s 270 amd 2002 SL No. 85 s 5 Clerk is returning officer s 272 amd 2002 SL No. 85 s 4 PART 3—VOTERS ROLL Cut-off day for voters roll s 277 amd 2000 SL No. 5 s 9; 2002 SL No. 85 s 4 PART 6—CONDUCT OF ELECTIONS Qualification for nomination s 298 amd 2002 SL No. 85 s 6 Division 4—Nominations of candidates for election div hdg amd 2000 SL No. 5 s 10 Who may nominate s 302 amd 2002 SL No. 85 s 4 Certificate of returning officer s 306 amd 2002 SL No. 85 s 4 Display of nominations s 307 amd 2002 SL No. 85 s 7 Procedure if number of candidates not more than number required s 310 amd 2000 SL No. 5 s 11 Procedure if number of candidates exceeds number required s 311 amd 2002 SL No. 85 s 4 Disposal of nomination fees generally s 314 amd 2000 SL No. 5 s 12 Extension of times s 316 amd 2002 SL No. 85 s 4 Polling booths—general s 319 amd 2002 SL No. 85 s 4 Requirements of ballot papers s 325 amd 2002 SL No. 85 ss 4, 8 Separate ballot papers for separate polls s 326 amd 2000 SL No. 5 s 13; 2002 SL No. 85 s 9 206 Community Services (Aborigines) Regulation 1998 Order of listing of candidates’ names s 327 amd 2002 SL No. 85 s 4 Distribution of ballot papers s 328 amd 2002 SL No. 85 s 4 Who may vote s 334 amd 2003 SL No. 198 s 4 Procedure for voting at a polling booth s 336 amd 2002 SL No. 85 s 4 Duties of issuing officer for returned papers s 337 amd 2002 SL No. 85 s 4 Arrangements for electors with disability s 338 amd 2002 SL No. 85 ss 4, 10 Arrangements for electors at institutions s 339 amd 2002 SL No. 85 s 4 Help for electors in voting s 341 amd 2002 SL No. 85 s 4 Who may cast a declaration vote s 343 amd 2002 SL No. 85 s 11 How declaration vote is cast s 346 amd 2002 SL No. 85 s 4 Distribution of ballot papers to certain electors who may cast declaration vote s 346A ins 2000 SL No. 5 s 14 Distribution of ballot papers to other electors who may or must cast declaration vote prov hdg amd 2002 SL No. 85 s 12(1) s 347 amd 2002 SL No. 85 ss 4, 12(2)–(3) How declaration vote may be cast at a polling booth s 348 amd 2002 SL No. 85 s 11 Record of ballot papers given to postal voters s 350 amd 2002 SL No. 85 s 11 Casting a declaration vote by post s 351 amd 2002 SL No. 85 ss 4, 13 Declaration voting before polling day s 352 amd 2002 SL No. 85 ss 4, 14; 2003 SL No. 198 s 5 Distribution of declaration envelopes when separate ballot papers or polls on same day s 353 amd 2000 SL No. 5 s 15 Use of replacement ballot papers s 356 amd 2002 SL No. 85 s 4 Effect of ballot papers—first-past-the-post voting s 358 amd 2002 SL No. 85 ss 4, 15 207 Community Services (Aborigines) Regulation 1998 Posted vote presumed valid until contrary proved s 359 amd 2002 SL No. 85 s 4 Ballot paper partly formal and partly informal s 361 amd 2002 SL No. 85 s 4 Preliminary counting by presiding officer s 363 amd 2002 SL No. 85 ss 4, 16 Preliminary processing of declaration votes by returning officer—postal ballot election) s 363A amd 2002 SL No. 85 s 17 Preliminary processing of declaration votes by returning officer (words omitted) prov hdg amd 2002 SL No. 85 s 18(1) s 364 amd 2002 SL No. 85 s 18(2)–(3) Procedure for processing declaration envelopes s 365 amd 2002 SL No. 85 ss 4, 19 Official counting of votes s 366 amd 2002 SL No. 85 s 4 Treatment of ballot paper to which objection is made s 367 amd 2002 SL No. 85 s 4 Counting of votes for first-past-the-post system s 369 amd 2002 SL No. 85 s 4; 2003 SL No. 198 s 6 Recording response to notice s 377 amd 2002 SL No. 85 s 4 Evidentiary value of list under s 374 s 378 amd 2002 SL No. 85 s 4 Disposal of material resulting from election s 379 amd 2002 SL No. 85 s 4 Ballot papers as evidence s 380 amd 2002 SL No. 85 s 4 Division 16—Enforcement False or misleading statements s 383 amd 2002 SL No. 85 s 20 False, misleading or incomplete electoral documents s 384 amd 2002 SL No. 85 s 20 Bribery s 385 amd 2002 SL No. 85 s 20 Providing money for illegal payments s 386 amd 2002 SL No. 85 s 20 Improperly influencing electoral officers s 387 amd 2002 SL No. 85 s 20 208 Community Services (Aborigines) Regulation 1998 Interfering with election right or duty s 388 amd 2002 SL No. 85 ss 20–21 Forging or uttering electoral papers s 389 amd 2002 SL No. 85 s 20 Wilful neglect etc. of electoral officers s 390 amd 2002 SL No. 85 s 20 No record to be made of vote cast s 391 amd 2002 SL No. 85 s 20 Responsibility for election matter s 392 amd 2002 SL No. 85 ss 20, 22; 2003 SL No. 384 s 7 Distribution of how-to-vote cards s 392A amd 2002 SL No. 85 s 23 Headline to electoral advertisements s 393 amd 2002 SL No. 85 s 20 Misleading voters s 394 amd 2002 SL No. 85 s 20 Failure to vote s 395 amd 2002 SL No. 85 s 4 Leave to vote s 396 amd 2002 SL No. 85 s 20 Canvassing in or near polling booths s 397 amd 2002 SL No. 85 s 20 Interrupting voting etc. s 398 amd 2002 SL No. 85 s 20 Influencing voting s 399 amd 2002 SL No. 85 s 20 Voting if not entitled s 401 amd 2002 SL No. 85 s 20 Offences relating to ballot papers s 402 amd 2002 SL No. 85 ss 4, 20 Failure to deliver or post documents for someone else s 403 amd 2002 SL No. 85 s 20 Breach of confidentiality of vote s 404 amd 2002 SL No. 85 s 20 Breaking seals on parcels s 405 amd 2002 SL No. 85 ss 20, 24 Duty of witness to signing of declaration voting papers s 406 amd 2002 SL No. 85 ss 4, 20 209 Community Services (Aborigines) Regulation 1998 PART 7—FRESH ELECTIONS Other provisions of schedule apply s 412 amd 2000 SL No. 5 s 3 SCHEDULE 1A—DECLARATION OF COUNCIL AREAS ins 2000 SL No. 5 s 16 amd 2000 SL No. 9 s 5; 2002 SL No. 85 s 25 SCHEDULE 1B—AURUKUN COMMUNITY JUSTICE GROUP ins 2002 SL No. 375 s 7 SCHEDULE 1C—DOOMADGEE COMMUNITY JUSTICE GROUP ins 2003 SL No. 97 s 7 SCHEDULE 1D—NAPRANUM COMMUNITY JUSTICE GROUP sch hdg ins 2003 SL No. 97 s 7 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 97 s 7 Definitions for sch 1D s 1 ins 2003 SL No. 97 s 7 def “main indigenous social grouping” sub 2003 SL No. 301 s 4 PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 97 s 7 Name—Act, s 86(2) s 2 ins 2003 SL No. 97 s 7 PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 97 s 7 Number of members s 3 ins 2003 SL No. 97 s 7 Nomination, and withdrawal of nomination, of members s 4 ins 2003 SL No. 97 s 7 Notification by Minister s 5 ins 2003 SL No. 97 s 7 Vacation of office s 6 ins 2003 SL No. 97 s 7 Coordinator to advise Minister of vacancy s 7 ins 2003 SL No. 97 s 7 Term of membership s 8 ins 2003 SL No. 97 s 7 PART 4—BUSINESS AND MEETINGS pt hdg ins 2003 SL No. 97 s 7 Conduct of business s 9 ins 2003 SL No. 97 s 7 210 Community Services (Aborigines) Regulation 1998 Times and places of special meetings s 10 ins 2003 SL No. 97 s 7 Quorum for special meeting s 11 ins 2003 SL No. 97 s 7 Presiding at special meeting s 12 ins 2003 SL No. 97 s 7 Voting at special meeting s 13 ins 2003 SL No. 97 s 7 SCHEDULE 1E—INJINOO COMMUNITY JUSTICE GROUP ins 2003 SL No. 301 s 5 SCHEDULE 1F—KOWANYAMA COMMUNITY JUSTICE GROUP ins 2003 SL No. 301 s 5 SCHEDULE 1G—LOCKHART RIVER COMMUNITY JUSTICE GROUP ins 2003 SL No. 301 s 5 SCHEDULE 1H—PORMPURAAW COMMUNITY JUSTICE GROUP ins 2003 SL No. 301 s 5 SCHEDULE 1I—UMAGICO COMMUNITY JUSTICE GROUP ins 2003 SL No. 301 s 5 SCHEDULE 1J—WOORABINDA COMMUNITY JUSTICE GROUP ins 2003 SL No. 301 s 5 SCHEDULE 1K—CHERBOURG COMMUNITY JUSTICE GROUP ins 2003 SL No. 365 s 4 SCHEDULE 1L—MAPOON COMMUNITY JUSTICE GROUP ins 2003 SL No. 365 s 4 SCHEDULE 1M—NEW MAPOON COMMUNITY JUSTICE GROUP ins 2003 SL No. 365 s 4 SCHEDULE 1N—WUJAL WUJAL COMMUNITY JUSTICE GROUP ins 2003 SL No. 365 s 4 SCHEDULE 1O—YARRABAH COMMUNITY JUSTICE GROUP ins 2003 SL No. 365 s 4 SCHEDULE 2—DICTIONARY def “conclusion” om 2003 SL No. 384 s 8(1) def “convicted” ins 2003 SL No. 384 s 8(2) def “indictable offence” ins 2003 SL No. 301 s 6 def “justice group” ins 2002 SL No. 375 s 8 def “pecuniary interest disclosure” amd 2003 SL No. 97 s 8 def “relevant schedule” ins 2002 SL No. 375 s 8 def “spent conviction” ins 2003 SL No. 301 s 6 © State of Queensland 2003