Document ID: chunk:federal_register_of_legislation:C2023C00222:section:30:p1
Version: federal_register_of_legislation:C2023C00222
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 33530–36056

30  Election of executive members
 (1) In this section, office means the office of an executive member.
 (2) An election to fill an office shall be conducted by:
 (a) a person appointed, not less than 30 days before the election by a unanimous resolution of the executive members present at a meeting of the executive committee, to conduct the election; or
 (b) if a person has not been appointed in accordance with paragraph (a) or a person so appointed is unable to conduct the election—the Registrar.
 (3) Where an election to fill an office is to be conducted at a general meeting, the notice required by this Act to be given in relation to the meeting shall identify, and call for nominations for, the office.
 (4) Where nominations are called for an office under subsection (3), 2 or more registered members may nominate another registered member for the office.
 (5) A nomination of a person for an office shall:
 (a) be in writing;
 (b) be signed by the person and by the persons nominating the person; and
 (c) be given, at least 24 hours before the time of the general meeting at which the election is to take place, to the person conducting the election; and
 (d) be accompanied by a declaration signed by the person that the person is a fit and proper person; and
 (e) be accompanied by an undertaking signed by the person that, in the event that the person is elected to the office, the person will notify the Registrar if the person ceases to be a fit and proper person while the person holds the office.
Note: Section 137.1 of the Criminal Code creates an offence of providing false or misleading information.
 (6) Where only one person eligible to be elected to an office is nominated for election to that office, that person shall be taken to be elected to that office.
 (7) Where 2 or more persons eligible for election to an office are nominated for election to that office, a secret ballot shall be conducted to determine which of those persons is to be elected to that office.
 (8) The persons eligible to vote in an election under subsection (7) at a general meeting are the registered members present at that meeting and each such registered member shall have one vote.
 (9) If, in an election of persons to an office, one of the candidates receives more votes than any other candidate, that candidate shall be taken to be elected to that office.
 (10) If, because 2 or more candidates have received the same number of votes at an election for an office, there is a failure of the election, one of those