Document ID: chunk:federal_register_of_legislation:C2025C00105:section:143g:p1
Version: federal_register_of_legislation:C2025C00105
Segment Type: section
Provision Reference: s 143G (pt 1/2)
Character Range: 60109–62810

143G  Rules for conduct of elections

Minister may make rules
 (1) The Minister may, after consulting the TSRA and the Electoral Commissioner, make rules, not inconsistent with this Act, prescribing:
 (a) the manner in which TSRA elections are to be conducted (including, but not limited to, elections conducted because previous elections have been declared to be void); and
 (b) the manner in which casual vacancies in the TSRA are to be filled (including, but not limited to, the holding of by‑elections); and
 (c) the manner of changing the membership of the TSRA to conform with changes in the eligible number (including, but not limited to, the holding of by‑elections).

Matters that may be dealt with in rules
 (2) The matters that may be dealt with in the rules include, but are not limited to, the following matters:
 (a) the use of an electoral roll or voter cards to establish an entitlement to vote or to make a record of the people who have cast votes;
 (b) the functions of Torres Strait Islander and Aboriginal liaison officers in connection with the determination of a person's entitlement to vote;
 (c) the nomination of candidates for election;
 (d) ballot papers and forms;
 (e) postal voting;
 (f) mobile polling, including the appointment and duties of mobile polling teams and matters relating to polling by such teams;
 (g) confidentiality of voting;
 (h) the employment by the Australian Electoral Commission of staff, including polling staff, in connection with elections;
 (i) the scrutiny and counting of votes;
 (j) the declaration of the poll.

Rules may deal with situations where persons would otherwise not be entitled to vote
 (3) The rules may make provision entitling Torres Strait Islanders and Aboriginal persons to vote at TSRA elections even if they would not be entitled so to vote under subparagraph 142U(b)(i) and, without limiting the generality of the foregoing, may make provision about the following matters:
 (a) the determination of whether a person is entitled to vote if:
 (i) the person's name is on the Commonwealth Electoral Roll; but
 (ii) because of the Commonwealth Electoral Act 1918, the person's place of living or address is not shown on the Commonwealth Electoral Roll;
 (aa) the determination of the ward in relation to which a person described in paragraph (a) may vote (if he or she is entitled to vote);
 (b) how a vote cast by a person is to be dealt with if:
 (i) the person was entitled to have his or her name on the Commonwealth Electoral Roll; but
 (ii) the person's name was not on that Roll because of a mistake by a person exercising powers or performing functions under the Commonwealth Electoral Act 1918;
 (c) the casting of