New South Wales Consolidated Regulations

ABORIGINAL LAND RIGHTS REGULATION 2002 - REG 25

25 Election of Board members

(1) An election for a Board member is to be conducted by the returning officer specified in section 63 (6) of the Act.

(1A) The chief executive officer of the Local Aboriginal Land Council must, not later than 48 hours before a meeting at which an election for one or more Board members is to take place, send a current copy of the Council’s membership roll, certified in a manner approved by the Registrar, to the returning officer for the election.

(1B) If a copy of a membership roll is not provided in accordance with subclause (1A) and the Registrar is not the returning officer, the Registrar must, at the request of the returning officer, supply a current copy of the Council’s membership roll, certified in a manner approved by the Registrar, to the returning officer before the election.

(2) The returning officer must not vote in the election.

(3) A person may be nominated for the position of a Board member:

(a) by notification made in writing by a voting member and received by the returning officer at or before the time when nominations are called for at the meeting of the Local Aboriginal Land Council at which the election is held, or

(b) by any voting member present at that meeting.

(4) For a nomination to be valid:

(a) the person who nominates another person must be a voting member of the Council at the time the nomination is made, and

(b) the person nominated must be a voting member of the Council and give his or her consent to the nomination before the election is held and the consent must be recorded in the minutes of the meeting.

(5) A ballot must be held for the positions of Board members if:

(a) in the case of a Council referred to in clause 23-more than 10 nominations are received, or

(b) in the case of a Council referred to in clause 24-more than 7 nominations are received.

(6) A ballot held under this clause must:

(a) be a secret ballot, and

(b) subject to this Division, be conducted in the manner determined by the Registrar.

(6A) The returning officer is to make all necessary arrangements for a ballot and may nominate a person (other than a voting member of the Local Aboriginal Land Council) to assist in those arrangements.

(7) The candidates elected in accordance with clause 23 (2) and (4) and clause 24 (2) and (4) must be declared elected.