COMMUNITY SERVICES (ABORIGINIES) REGULATION 1998

Queensland Consolidated Regulations

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COMMUNITY SERVICES (ABORIGINIES) REGULATION 1998

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Short title
2. Dictionary

PART 2--ABORIGINAL COUNCILS

Division 1--Membership

4. Membership of Aboriginal councils
5. Proposal to decide other number of councillors
6. Resolution of Aboriginal council
7. Petition by electors of area
8. Minister to make decision about resolution or petition
9. Change in membership takes effect at next quadrennial election

Division 2--Qualifications and disqualifications for membership of Aboriginal council

10. General qualifications
11. General disqualifications
11A. Disqualification and vacation of office for certain offences
11B. Review of lawfulness of membership of Aboriginal council
11C. Councillor ceases to be councillor on becoming candidate for the Legislative Assembly
11D. Termination of Aboriginal council employment on becoming councillor

Division 3--Term of office and vacancies in office

12. Term of office as appointed councillor
13. When councillor's office becomes vacant
14. Filling of earlier vacancies by by-election
15. Filling of later vacancies by appointment

Division 4--Provisions for Mapoon Aboriginal Council area

15A. Purpose of div 4
15B. Establishment of Mapoon Aboriginal Council and its first election
15C. Interim council clerk
15D. Budget to 30 June 2000

PART 3--CHAIRPERSON OF ABORIGINAL COUNCIL

Division 1--Appointment of chairperson and related matters

16. Membership of Aboriginal councils
17. Duration of appointment of chairperson
18. Vacating office of chairperson
19. Office of chairperson may be declared vacant

Division 2--Direct election of chairperson

20. Process for direct election
21. Proposal for direct election
22. Resolution of Aboriginal council
23. Petition by electors of area
24. Minister to make decision about resolution or petition
25. Direct election of chairperson takes effect at next election

PART 4--ELECTIONS FOR ABORIGINAL COUNCILS

26. Election of councillors

PART 5--ABORIGINAL COUNCIL MEETINGS

Division 1--Post-election meetings

27. Post-election meetings
28. Agenda of post-election meetings
29. Clerk to preside at post-election meetings

Division 2--Meetings generally

30. Other meetings
31. Place of meetings
32. Quorum at meetings
33. Procedure at meetings
34. Minutes must be kept
35. Adjournment of meetings
36. Notice of meetings
37. Repeal or amendment of resolutions
38. Minutes to be kept and confirmed
39. Meetings in public unless otherwise resolved
40. Meetings may be closed for limited reasons
41. Public notice of meetings
42. Public notice of resolution authorising remuneration
43. Inspection of minutes of meetings and their purchase

PART 6--FINANCIAL ADMINISTRATION

Division 1--Financial administration of Aboriginal councils

44. Community funds
45. General fund of Aboriginal council
46. Trust fund of Aboriginal council
47. Administration and financial procedures manual
48. Financial information to be presented to post-election meeting
49. Approved forms for annual financial statements

Division 2--Register of councillor's pecuniary interests

50. Register of pecuniary interest disclosures

PART 7--CLERK OF ABORIGINAL COUNCIL

51. Employment of clerk
52. Role of clerk
53. Acting clerk

PART 8--ABORIGINAL COURTS

54. Procedures and enforcement of decisions of Aboriginal Courts
55. Jurisdiction of court includes power to make fine option order
56. Clerk of Aboriginal Court
57. Record of court proceedings

PART 9--ABORIGINAL COORDINATING COUNCIL

Division 1--Chairperson and deputy chairperson of Aboriginal Coordinating Council

58. Appointment of chairperson and deputy chairperson
59. Vacating office of chairperson or deputy chairperson
60. Office of chairperson or deputy chairperson may be declared vacant
61. Quorum for meetings of executive committee

Division 2--Financial administration of Aboriginal Coordinating Council

62. Community funds of Aboriginal Coordinating Council
63. General fund of Aboriginal Coordinating Council
64. Trust fund of Aboriginal Coordinating Council

PART 10--ABORIGINAL COUNCIL AREAS

64A. Declaration of council areas—Act, s 39

PART 10A--COMMUNITY JUSTICE GROUPS

64B. Establishment of community justice groups—Act, s 86(1)
64C. Criminal history checks

PART 11--MISCELLANEOUS

Division 1--Forms

65. Forms

Division 2--Financial controllers

65A. Appointment of financial controller—Lockhart River Aboriginal Council
65B. Appointment of financial controller—Palm Island Aboriginal Council

PART 12--TRANSITIONAL PROVISIONS

66. Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000
67. Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002
68. Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003
69. Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003
70. Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003
71. Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003
SCHEDULE 1

PART 1--GENERAL

266. Quadrennial elections
267. Types of elections
268. Elections to be held on a Saturday
269. Date of quadrennial elections
270. Date of by-elections
271. Aboriginal councils responsible for expenditure for conducting elections

PART 2--RETURNING OFFICERS

272. Clerk is returning officer
273. Appointment of returning officer in place of the clerk
274. Returning officer's duty for by-election

PART 3--VOTERS ROLL

275. Returning officer must compile voters roll
276. Qualification for enrolment on voters roll
277. Cut-off day for voters roll
278. Use of electoral roll when practicable
279. Requirements of voters roll
280. Voters roll to be open to inspection and purchase
281. Electoral registrars to help returning officers

PART 4--VOTING

282. Compulsory voting
283. System of voting

PART 5--(
omitted
)

PART 6--CONDUCT OF ELECTIONS

Division 1--Preliminary

289. Conduct of elections

Division 2--Electoral officers

290. Returning officer
291. Assistant returning officers
292. Presiding officers
293. Issuing officers
294. Declaration by issuing officers
295. Returning officer may act through other officers
296. Assistant returning officer may act through certain authorised officers
297. Supply and use of voters rolls

Division 3--Candidates for election or appointment

298. Qualification for nomination
299. Prohibition of dual candidature
300. Leave to Aboriginal council employee to contest election

Division 4--Nominations of candidates for election

301. Calling for nominations
302. Who may nominate
303. How and when nomination is given
304. Nomination fee to accompany nomination
305. Special grounds for deciding a person is not properly nominated
306. Certificate of returning officer
307. Display of nominations
308. Termination of candidature before noon on nomination day
309. Death of candidate
310. Procedure if number of candidates not more than number required
311. Procedure if number of candidates exceeds number required
312. Supply of voters roll
313. Procedure on death of candidate when poll to be conducted
314. Disposal of nomination fees generally
315. If successful candidate dies
316. Extension of times

Division 5--(omitted)

Division 6--Polling booths

319. Polling booths—general
320. Provision of ordinary polling booths
321. Declaration of mobile polling booths
322. Duty of person in charge of institution
323. Privacy of voting

Division 7--Ballot boxes, papers and other documents

324. Ballot boxes generally
325. Requirements of ballot papers
326. Separate ballot papers for separate polls
327. Order of listing of candidates' names
328. Distribution of ballot papers
329. Correction of errors etc.

Division 8--Scrutineers

330. Candidates' entitlement to scrutineers
331. Appointment of scrutineers
332. Proof of identification
333. Powers of scrutineers

Division 9--Voting generally

334. Who may vote
335. When votes may be cast at an ordinary polling booth or mobile polling booth
336. Procedure for voting at a polling booth
337. Duties of issuing officer for returned papers
338. Arrangements for electors with disability
339. Arrangements for electors at institutions
340. Arrangements for electoral visitor voting
341. Help for electors in voting
342. Adjournment of poll

Division 10--Declaration voting

343. Who may cast a declaration vote
344. Who must cast a declaration vote in ordinary elections
345. Declaration voting for postal ballot elections
346. How declaration vote is cast
346A. Distribution of ballot papers to certain electors who may cast declaration vote
347. Distribution of ballot papers to other electors who may or must cast declaration vote
348. How declaration vote may be cast at a polling booth
349. Distribution of ballot papers to electors for postal ballot election
350. Record of ballot papers given to postal voters
351. Casting a declaration vote by post
352. Declaration voting before polling day
353. Distribution of declaration envelopes when separate ballot papers or polls on same day

Division 11--Marking of ballot papers

354. Optional-preferential voting
355. First-past-the-post voting

Division 12--Replacement ballot papers

356. Use of replacement ballot papers

Division 13--Effect of ballot papers

357. Effect of ballot papers—optional-preferential voting
358. Effect of ballot papers—first-past-the-post voting
359. Posted vote presumed valid until contrary proved
360. Formal and informal ballot papers
361. Ballot paper partly formal and partly informal

Division 14--Counting of votes

362. Votes to be counted in accordance with this division
363. Preliminary counting by presiding officer
363A. Preliminary processing of declaration votes by returning officer—postal ballot election)
364. Preliminary processing of declaration votes by returning officer (words omitted)
365. Procedure for processing declaration envelopes
366. Official counting of votes
367. Treatment of ballot paper to which objection is made
368. Counting of votes for optional-preferential system
369. Counting of votes for first-past-the-post system
370. Returning officer's duty after counting votes

Division 15--Actions following poll

371. Declaration of poll
372. Notice of final result of poll
373. Resolution about electors who fail to vote
374. List of electors failing to vote
375. Notice of failure to vote etc.
376. Payments for failure to vote
377. Recording response to notice
378. Evidentiary value of list under s 374
379. Disposal of material resulting from election
380. Ballot papers as evidence
381. Notice to electors whose ballot papers are not accepted
382. Notice to electoral commission of certain declaration votes

Division 16--Enforcement
Subdivision 1--Offences in general

383. False or misleading statements
384. False, misleading or incomplete electoral documents
385. Bribery
386. Providing money for illegal payments
387. Improperly influencing electoral officers
388. Interfering with election right or duty
389. Forging or uttering electoral papers
390. Wilful neglect etc. of electoral officers
391. No record to be made of vote cast
Subdivision 2--Offences about electoral advertising and information
392. Responsibility for election matter
392A. Distribution of how-to-vote cards
393. Headline to electoral advertisements
394. Misleading voters
Subdivision 3--Offences about voting
395. Failure to vote
396. Leave to vote
397. Canvassing in or near polling booths
398. Interrupting voting etc.
399. Influencing voting
400. Party badges not to be worn in polling booths
401. Voting if not entitled
402. Offences relating to ballot papers
403. Failure to deliver or post documents for someone else
404. Breach of confidentiality of vote
405. Breaking seals on parcels
406. Duty of witness to signing of declaration voting papers
Subdivision 4--(omitted)

PART 7--FRESH ELECTIONS

408. Requirements for fresh election
409. Time for fresh election
410. Returning officer for fresh election
411. Voters roll for fresh election
412. Other provisions of schedule apply
413. Extension of term of councillors

PART 8-(
omitted
)
SCHEDULE 1A
SCHEDULE 1B

PART 1--PRELIMINARY
1. Definitions for sch 1B

PART 2--NAME OF COMMUNITY JUSTICE GROUP

2. Name—Act, s 86(2)

PART 3--MEMBERSHIP

3. Number of members
4. Eligibility
5. Nomination, and withdrawal of nomination, of members
6. Notification by Minister
7. Vacation of office
8. Coordinator to advise Minister of vacancy
9. Term of membership

PART 4--BUSINESS AND MEETINGS

10. Conduct of business
11. Times and places of special meetings
12. Quorum for special meeting
13. Number of members at special meeting
14. Presiding at special meeting
15. Voting at special meeting
SCHEDULE 1C

PART 1--PRELIMINARY
1. Definitions for sch 1C

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 3--MEMBERSHIP
3. Number of members
4. Nomination, and withdrawal of nomination, of members
5. Notification by Minister
6. Vacation of office
7. Coordinator to advise Minister of vacancy
8. Term of membership

PART 4--BUSINESS AND MEETINGS
9. Conduct of business
10. Times and places of special meetings
11. Quorum for special meeting
12. Presiding at special meeting
13. Voting at special meeting
SCHEDULE 1D

PART 1--PRELIMINARY
1. Definitions for sch 1D

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 4--BUSINESS AND MEETINGS
9. Conduct of business
10. Times and places of special meetings
11. Quorum for special meeting
12. Presiding at special meeting
13. Voting at special meeting
SCHEDULE 1E
1. Definitions for sch 1E

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 3--MEMBERSHIP
3. Number of members
4. Eligibility
5. Nomination, and withdrawal of nomination, of members
6. Notification by Minister
7. Vacation of office
8. Coordinator to advise Minister of vacancy
9. Term of membership

PART 4--BUSINESS AND MEETINGS
10. Conduct of business
11. Times and places of special meetings
12. Quorum for special meeting
13. Presiding at special meeting
14. Voting at special meeting
SCHEDULE 1F
1. Definitions for sch 1F

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 2-- NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 3--Selection committee
3. Establishment
4. Membership
5. Functions
6. Conduct of business by selection committee

PART 4--MEMBERSHIP
7. Number of members
8. Eligibility
9. Nomination, and withdrawal of nomination, of members
10. Notification by Minister
11. Vacation of office
12. Coordinator to advise Minister of vacancy
13. Term of membership

PART 5--business and MEETINGS
14. Conduct of business

15. Times and places of special meetings
16. Quorum for special meeting
17. Presiding at special meeting
18. Voting at special meeting
SCHEDULE 1K

PART 1--PRELIMINARY
1. Definitions for sch 1K

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 1--PRELIMINARY
1. Definitions for sch 1L

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 1--PRELIMINARY
1. Definitions for sch 1M

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 1--PRELIMINARY
1. Definitions for sch 1N

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

PART 1--PRELIMINARY
1. Definitions for sch 1O

PART 2--NAME OF COMMUNITY JUSTICE GROUP
2. Name—Act, s 86(2)

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