Queensland Consolidated Regulations

LOCAL GOVERNMENT (COMMUNITY GOVERNMENT AREAS) REGULATION 2004

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Dictionary

           Part 2--Community governments

           Division 1--Number of councillors

   4.      Minimum number

           Division 2--Qualifications and disqualifications

   5.      General qualifications
   6.      General disqualifications
   7.      Disqualification and vacation of office for certain offences
   8.      Review of lawfulness of membership of community government
   9.      Councillor ceases to be councillor on becoming candidate for the Legislative Assembly
   10.     Termination of community government employment on becoming councillor

           Division 3--Vacancies in office

   11.     When councillor's office becomes vacant
   12.     Filling of earlier vacancies by by-election
   13.     Filling of later vacancies by appointment
           Division 4 Appointment of financial controllers--Act, section 22
   13A.    Appointment of financial controller—Doomadgee Shire Council
   13B.    Appointment of financial controllers—Pormpuraaw Shire Council
   13C.    Appointment of financial controllers—Napranum Shire Council
   13D.    Appointment of financial controllers—Lockhart River Shire Council

           Part 3--Appointment of community government's mayor

   14.     Application of pt 3
   15.     Appointment of mayor
   16.     Duration of appointment of mayor
   17.     Vacating office of mayor
   18.     Office of mayor may be declared vacant

           Part 4--Elections for community governments

   18A.    Application of pt 4
   19.     Election of councillors

           Part 5--Reviewable community government matters

   20.     Issues identified
   21.     Prescribed issues—Act, s 18

           Part 6--Working out quota for divided community government areas

   22.     Working out quota
           SCHEDULE 2 ELECTIONS

           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.    Community governments responsible for expenditure for conducting elections

           Part 2--Returning officers

   272.    Chief executive officer is returning officer
   273.    Appointment of returning officer in place of the chief executive officer
   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 community government 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.    Deposit 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 deposits generally
   315.    If successful candidate dies
   316.    Extension of times

           Division 5--Ballots

   317.    Poll by ballot
   318.    Direction that poll be conducted by postal ballot

           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—other elections
   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--Injunctions
   407.    Injunctions to restrain contravention of schedule

           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 3 DICTIONARY
           Endnotes