New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 34

34 General provisions applicable to elections of members of trust boards

(1) An election required by section 32 or 33 must be conducted in accordance with the procedure prescribed by the regulations.

(2) Only a natural person is eligible to be elected as a member of a trust board.

(3) At any general election held to elect the members and office bearers of a trust board and at any election held to fill a vacancy in the membership of the board, any person:

(a) whose name appears on the commoners’ roll kept by the trust concerned, and

(b) who has reached 18 years of age and is not under any legal disability,

is entitled to vote at the election.

(4) Not less than 14 days after the declaration of the result of an election:

(a) to elect the members and office bearers of a trust board, or

(b) to elect a member to fill a vacancy in the membership of the board,

the president of the board must notify the Minister in writing of the result of the election.

(5) A president of a trust board who fails to comply with subsection (4) is guilty of an offence.

Maximum penalty: 2 penalty units.

(6) If it appears to the Minister that:

(a) an election of the members or office bearers of a trust board, or

(b) an election to fill a vacancy in the membership of a trust board,

could be invalid because of some technical defect, or some irregularity not involving fraud, corruption or dishonesty, in the way in which the election was conducted, the Minister may, by notice published in the Gazette, declare the election to have been validly held, despite the technical defect or irregularity.