Document ID: chunk:federal_register_of_legislation:C2004A04592:body:0:p5
Version: federal_register_of_legislation:C2004A04592
Segment Type: other
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Character Range: 10798–13159

be entitled to vote at the forthcoming Regional Council ward election for that ward; and

                (ii) the number of persons living in that ward who are Aboriginal persons or Torres Strait Islanders.".

Repeal of section and substitution of new section

13. Section 107 of the Principal Act is repealed and the following section is substituted:

Effect of nominations

"107.(1) If the number of candidates nominated for election as the member or members for a Regional Council ward is equal to or less than the designated number in relation to the ward, the authorised electoral officer must declare the candidate or candidates, as the case requires, to be duly elected. Subsection (3) may require the deferral of the declaration.

"(2) If the number of candidates nominated for election as the member or members for a Regional Council ward is more than the designated number in relation to the ward, a poll must be held.

"(3) If subsection (1) applies to some, but not all, of the wards in a region, all declarations (whether made under this section or otherwise) must be made in respect of all the wards on the same day.".

Counting of votes and election of candidates

14. Section 111 of the Principal Act is amended by omitting all the words after "and" (first occurring) and substituting "the candidate or candidates are to be elected, as provided in:

  (a) whichever of Schedules 2 and 2A applies; and

  (b) the Regional Council election rules.".

Rules for conduct of elections

15. Section 113 of the Principal Act is amended by inserting in subsection (3) "ward" after "Regional Council" (first and second occurring).

Constitution of Regional Councils

16. Section 115 of the Principal Act is amended by omitting paragraph (2)(a) and substituting the following paragraph:

     "(a) there were fewer than the designated number of candidates for election as the member or members for any ward at the last election for the Regional Council; or".

Persons taken to have resigned from Regional Councils in certain circumstances

  17. Section 121 of the Principal Act is amended:

     (a) by omitting from subsection (1) "of a Regional Council" and substituting "for a Regional Council ward";

  (b) by omitting from paragraph (1)(a) "region" and substituting "ward";

  (c) by omitting from paragraph (1)(b) "region" and substituting "ward".