"appropriate number of full members" , in relation to a club, means such
number of full members of that club who are entitled to vote at the annual
election of the governing body of that club as is equal to 200 or one-tenth of
the number of full members of the club so entitled to vote, whichever is the
less.
(2) An
order under subsection (5) in respect of a registered club may be made by the
Authority--
(c) upon an application made by a full member referred to in the
definition of
"appropriate number of full members" in subsection (1) if--
(i) that
application is accompanied by a request in writing for the making of the order
that is signed by at least the appropriate number of full members of the club
and shows the names in full or the surnames and the initials of the given
names of the signatories, and
(ii) notice in writing of intention to make the
application was given to the club at least 21 clear days before the
application is made.
(4) An application purporting to be an application
referred to in subsection (2) (c) and accompanied by a request purporting to
be a request so referred to, shall be deemed to be a valid application unless
the Authority is satisfied--
(a) that the application was not made by a
full member referred to in the definition of
"appropriate number of full members" in subsection (1),
(ii) does not show the names in full or the surnames and
initials of the given names of the signatories, or
(c) that notice of
intention to make the application was not given in accordance with subsection
(2) (c) (ii).
(5) The Authority may, upon an application referred to in
subsection (2) (c), make an order that the first election of the governing
body of the registered club referred to in the order to be held after the date
of the order be conducted by the Electoral Commissioner.
(6) Notwithstanding
any other provision of this Act, an order made upon an application referred to
in subsection (2) (c) is final and conclusive and not subject to appeal.
(7B) When an application by or on behalf of a registered club is
made under subsection (7A), the applicant is to send written notification of
that fact at the same time to the Authority.
(7C) An application by or on
behalf of a registered club for the purposes of subsection (7A) cannot be
withdrawn except with the consent of the Electoral Commissioner.
(8) A person
conducting an election pursuant to an order made under subsection (5) or an
application made under subsection (7A) may, notwithstanding anything contained
in the rules of the club to which the order or application relates, take such
action and give such directions as the person considers necessary for or in
connection with the conduct of the election or in order to ensure that no
irregularities occur in or in connection with the election or to remedy any
procedural defects in the rules of the club that appear to the person to
exist.
(8A) The power to give directions under subsection (8) extends to
authorising the giving of directions for the purpose of ensuring that
elections are conducted in accordance with sound and democratic electoral
practices and procedures and methods of voting.
(9) An election conducted
pursuant to an order made under subsection (5) or an application made under
subsection (7A) shall not be invalid by reason only of--
(a) a breach of the
rules of the club to which the order or application relates involved in an act
done in accordance with subsection (8), or
(b) an irregularity in observing
any of the provisions of subsection (2).
(10) A person shall not--
(a) refuse
or fail to comply with a direction given under subsection (8), or
(b)
obstruct or hinder a person conducting an election pursuant to an order made
under subsection (5) or an application made under subsection (7A) or carrying
out such a direction.
: Maximum penalty--20 penalty units.
(12) Where a
person conducting an election pursuant to an order made under subsection (5)
or an application made under subsection (7A)--
(a) dies or is unable to
complete the conduct of the election, or
(b) ceases to be a person qualified
to conduct the election,
the Electoral Commissioner shall complete the conduct
of the election or make arrangements or give directions for the completion of
the conduct of the election by another person who is so qualified.
(13) The
expenses of an election conducted pursuant to an order made under subsection
(5) or an application made under subsection (7A) shall be paid to the
Electoral Commissioner by the registered club concerned within 1 month after a
certificate referred to in subsection (15) is served on the club and, if not
so paid, may be recovered from that club as a debt in any court of competent
jurisdiction.
(14) The expenses referred to in subsection (13) do not, in the
case of an election conducted pursuant to an order made under subsection (5),
include--
(a) the salary or other remuneration of any officer or employee of
the State performing any duty in relation to the election, including any
person appointed solely for the purposes of the election,
(b) the cost of
travel of such an officer or employee, including any travelling or similar
allowance, incurred in connection with the performance of any such duty, or
(c) expenses in connection with the provision or use of premises provided by
the State for the purposes of the election, including premises obtained solely
for those purposes.
(15) A certificate signed by the Electoral Commissioner,
countersigned by the Minister and specifying the amount of the expenses
required to be paid by a registered club in accordance with subsection (13) is
admissible in any proceedings for the recovery of that amount and is
conclusive evidence of that amount.
