Document ID: chunk:federal_register_of_legislation:C2004A04773:body:0:p6
Version: federal_register_of_legislation:C2004A04773
Segment Type: other
Provision Reference: 
Character Range: 12810–15487

made an order under Schedule 4).";

     (c) by inserting in subsection (2) "for a TSRA ward" after "member of the TSRA";

     (d) by omitting from paragraph (2)(b) "election." and substituting "election (other than a by-election to fill a casual vacancy or an election held for another ward in place of an election in relation to which the Federal Court of Australia has made an order under Schedule 4).";

  (e) by adding at the end the following subsection:

      "(3) In this section:

     'by-election to fill a casual vacancy' includes an election of a member of the TSRA to fill a position created by an increase in the eligible number.".

Polling places

18. Section 142Z of the Principal Act is amended by omitting from subsection (1) "the Torres Strait area" and substituting "each TSRA ward".

Fixing of election days, and location of polling places, to be notified in Gazette

19. Section 143 of the Principal Act is amended by adding at the end of subsection (2) the following word and paragraph:

       "; and (c) if the Torres Strait area is divided into wards—a notice setting out an estimate by the Minister, in relation to each ward, of:

           (i) the number of persons who will be entitled to vote at the forthcoming election for that ward; and

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

Repeal and substitution of new section

20. Section 143A of the Principal Act is repealed and the following section is substituted:

Effect of nominations

"143A.(1) If the number of candidates nominated for election as the member or members for a TSRA ward is equal to or less than the designated number for the ward, an authorised electoral officer must declare the candidate or candidates, as the case requires, to be duly elected. Subsection (3) may require deferral of the declaration.

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

"(3) If subsection (1) applies to some, but not all, of the TSRA wards, all declarations (whether made under this section or otherwise) must be made on the same day for all the wards for which elections are being held.".

Repeal and substitution of new section

21. Section 143E of the Principal Act is repealed and the following section is substituted:

Counting of votes and election of candidates

"143E. Votes cast at a TSRA election must be counted, and the candidate or candidates are to be elected, as provided in:

  (a) whichever of Schedule 2 or 2A applies; and

  (b) the TSRA election rules.".

Rules for conduct