Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p38
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
Provision Reference: 
Character Range: 98558–101169

a copy of the notice relating to elections for the TSRA to the Minister and the TSRA.

"(3) The TSRA must take reasonable steps to ensure that a copy of the most recent notice appointing polling places for an election is available for inspection at each office of the TSRA.

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

"143.(1) The Minister must cause a copy of the notice under subsection 142Y(2) fixing a polling day or polling days for a TSRA election to be published in the Gazette at least 90 days before the day, or the first of the days, so fixed.

"(2) The Minister must cause to be published, together with the copy referred to in subsection (1):

     (a) a copy of the most recent notice appointing polling places under section 142Z; and

     (b) a notice setting out an estimate by the Minister, in relation to the Torres Strait area, of:

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

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

"(3) A failure by the Minister to comply with this section does not invalidate the fixing of the day or days, or the appointing of the polling places, as the case requires.

Effect of nominations

"143A.(1) If the number of candidates nominated for election to the TSRA is equal to or less than the eligible number, an authorised electoral officer must declare the candidates nominated to be duly elected.

"(2) A poll must be held if the number of candidates nominated for election to the TSRA is more than the eligible number.

Voting not compulsory

  "143B. Voting at TSRA elections is not compulsory.

Voting by secret ballot

  "143C. Voting at TSRA elections must be by secret ballot.

Voting

"143D.(1) A voter must cast a vote at a TSRA election by marking the ballot paper to show the order of the voter's preference for the candidates.

  "(2) A ballot paper is formal if, and only if:

     (a) an authorised electoral officer is satisfied that it is an authentic ballot paper; and

     (b) it indicates the voter's first preference for one, and only one, candidate; and

  (c) it does not have any identifying mark on it.

"(3) A ballot paper that is formal must be given effect according to the voter's intention so far as that intention is clear.

  "(4) In this section:

'identifying mark' means writing or another mark by which, in the opinion of an authorised electoral officer, the voter can be identified, but does not include writing or another mark placed on the ballot paper