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Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
Amended in committee--see table at end of volume
Clause 2 provides that the proposed Act will commence on a day or days
to be proclaimed.
Clause 3 gives effect to the Schedule of amendments to the Aboriginal
Land Rights Act 1983.
Clause 4 gives effect to the Schedule of amendments to the Land and
Environment Court Act 1979.
Schedule 1 Amendment of Aboriginal Land Rights
Act 1983
Schedule 1 (1) provides that a person is not entitled to vote more than once
in an election of all councillors of the New South Wales Aboriginal Land
Council. Accordingly, a person may only vote once for a councillor to
represent a regional area, and may not vote for councillors to represent
different regions. If a person is a member of more than one Local Aboriginal
Land Council, that person is required to cast his or her vote in respect of the
Local Aboriginal Land Council area in which the person ordinarily lives.
Schedule 1(2) inserts two new Divisions into Part 4 of the Act. Proposed
Division 2A provides that if the validity of the election of a councillor is
disputed, the returning officer must nevertheless declare the candidate
elected, and the candidate is to hold office as a councillor until the Land and
Environment Court has settled the disputed return (proposed sections 27AA
and 27AB). Proposed Division 2B provides that the sole method for
resolving disputes concerning the validity of the election of a councillor is
by application to the Land and Environment Court (proposed
section 27AC (1)). Such an application must be made within 28 days of the
returning officer publicly declaring the result of the disputed election
(proposed section 27AC (2)).
Proposed section 27AD provides that in determining such applications, the
Land and Environment Court may exercise the same powers as the Court of
Disputed Returns under the Parliamentary Electorates and Elections Act
1912, including powers to make declarations:
*
that any person who was returned as elected was not duly elected, and
*
that any candidate who was not returned as elected was duly elected,
and
*
that an election is absolutely void.
Explanatory note page 2
The procedure of the Land and Environment Court on an application under
proposed section 27AC is to be flexible, and the Court is not to make orders
for costs in such proceedings (proposed section 27AF). The decision of the
Land and Environment Court in determining a disputed return is final
(proposed section 27AH).
Schedule 1 (3) confers a general power on the Governor to make
regulations concerning disputed returns in elections of councillors of the
New South Wales Aboriginal Land Council.
Schedule 2
Amendment of Land and Environment Court
Act 1979
Schedule 2 amends the Land and Environment Court Act 1979 to provide
that the Land and Environment Court is to settle disputed returns in elections
of councillors of the New South Wales Aboriginal Land Council in Class 4
of its jurisdiction.
Explanatory note page 3