Racing (Electoral) Regulations 1997

Racing (Electoral) Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Racing Act 1983 .

23 December 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

B. BONDE

Minister for Racing

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Racing (Electoral) Regulations 1997 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means Racing Act 1983 ;

close of nominations means the time and day fixed by the Returning Officer under regulation 6 ;

close of the ballot means the time and date fixed by the Returning Officer under regulation 19 ;

election means an election to elect the elected member or members of a Council;

newspaper means a newspaper that is published daily in, and circulated in each region of, the State;

registered means registered under the Racing and Gaming Act 1952 ;

Returning Officer, in relation to an election, means the Chief Electoral Officer or other person conducting the election as provided by section 35(1)(a) of the Act.

PART 2 - Administration

4.   Role of Chief Electoral Officer

The Chief Electoral Officer may issue directions and approve procedures, consistent with the Act and these regulations, for the purposes of conducting an election.

5.   Role of Returning Officer

The Returning Officer in an election must conduct that election in accordance with the Act and these regulations, and any directions and procedures issued or approved by the Chief Electoral Officer.

PART 3 - Nominations

6.   Nomination period

(1)  The Returning Officer in an election must fix the day on which nominations for the election open and the time and date for the close of nominations.

(2)  Nominations are to be open for at least 14 days.

7.   Notification of elections

(1)  The Returning Officer in an election must, no later than 14 days before the date fixed for the close of nominations, cause notice of the election to be published in at least 3 newspapers.

(2)  The notice is to –

(a) explain the purpose of the election; and

(b) specify the vacancy or vacancies to be filled; and

(c) explain who is eligible to nominate; and

(d) call for nominations; and

(e) explain how to make a nomination; and

(f) specify where nomination forms may be obtained; and

(g) specify the place at which, and the time and date by which, nominations must be received; and

(h) explain who is eligible to vote; and

(i) contain such other information as the Returning Officer determines.

(3)  The Returning Officer may cause such other notice of the election to be given as the Returning Officer considers necessary or expedient.

8.   Nomination forms

(1)  The Returning Officer in an election must –

(a) prepare a sufficient number of nomination forms to enable the election to take place; and

(b) ensure that the forms are available for use on the day the notice referred to in regulation 7(1) is published.

(2)  Nomination forms for an election are to be prepared and printed in a form approved by the Chief Electoral Officer.

9.   Nomination of candidates

(1)  A person who wishes to nominate as a candidate in an election must lodge a nomination form with the Returning Officer.

(2)  The nomination form is to –

(a) contain a declaration by the person that he or she is qualified to be a candidate; and

(b) be signed by the person; and

(c) be received by the Returning Officer by the time fixed for the close of nominations.

(3)  The nomination form may be lodged with the Returning Officer in person or by post or facsimile transmission.

10.   Acceptance or rejection of nominations

(1)  The Returning Officer in an election may accept a nomination for the election if satisfied that –

(a) the nomination has been made and lodged in accordance with regulation 9 ; and

(b) the person nominated is eligible to be a candidate in the election.

(2)  The Returning Officer must reject a nomination if not satisfied as to the matters specified in subregulation (1) .

11.   Candidate statements

(1)  A candidate in an election may supply the Returning Officer with a written statement to be distributed with ballot papers.

(2)  The statement must be received by the Returning Officer in the election by the close of nominations.

(3)  The statement is not to –

(a) exceed 150 words; or

(b) mention any other candidate unless the signed consent of that other candidate is received by the Returning Officer with the statement.

(4)  The Returning Officer may, interfering as little as possible with the content of the statements received –

(a) edit any or all of those statements to make them consistent in style and layout and to correct any errors in spelling; and

(b) shorten to the required length any statement that does not comply with subregulation (3)(a) ; and

(c) remove the name of any other candidate where the signed consent of that other candidate has not been received.

12.   Withdrawal of nominations

A candidate in an election may withdraw his or her nomination at any time before the close of nominations by giving notice in writing of the withdrawal to the Returning Officer.

PART 4 - Conduct of ballot

13.   When is a ballot required

If, on the close of nominations for an election, the number of nominations accepted by the Returning Officer is more than the number of positions to be filled at that election, the Returning Officer must conduct a ballot.

14.   Persons eligible to participate in ballots

(1)  Subject to regulation 15 , a person is eligible to vote in an election to elect a member of the Tasmanian Harness Racing Council if, on a day determined by the Returning Officer in the election –

(a) the person is a trainer who is licensed under the Rules of Racing and has been so licensed for the full 12 month period immediately preceding that day; or

(b) the person is a driver who is licensed under the Rules of Racing and has been so licensed for the full 12 month period immediately preceding that day; or

(c) the person has attained the age of 18 years and –

(i) is a full and financial member of a registered harness racing club; and

(ii) has been a member of that club for the 12 month period immediately preceding that day.

(2)  Subject to regulation 15 a person is eligible to vote in an election to elect a member of the Tasmanian Greyhound Racing Council if, on the day fixed for the close of nominations in the election –

(a) the person is a trainer who is licensed under the Rules of Racing and has been so licensed for the full 12 month period immediately preceding that day; or

(b) the person is an owner who is licensed under the Rules of Racing and has been so licensed for the full 12 month period immediately preceding that day; or

(c) the person has attained the age of 18 years and –

(i) is a full and financial member of a registered greyhound racing club; and

(ii) has been a member of that club for the 12 month period immediately preceding that day.

15.   Voters have only one vote

(1)  In an election, each person who is an eligible voter is only entitled to cast one vote.

(2)  Subregulation (1) applies to a person notwithstanding that, under regulation 14 , the person may have qualified as a voter in the election on more than one ground.

16.   Electoral rolls

(1)  The Returning Officer in an election must prepare a roll of all persons eligible to vote in the election.

(2)  The Returning Officer must make the electoral roll for an election available to any person for the purposes of the election.

(3)  A person must not make or use a copy of an electoral roll or any part of an electoral roll except for the purposes of an election.

Penalty:  Fine not exceeding 10 penalty units.

17.   Information required for electoral rolls

(1)  For the purposes of preparing an electoral roll for an election under sections 20A(1) and 21(1) of the Act, the Returning Officer in the election may request the Director to provide the Returning Officer with a list of those persons who, at a particular date, are eligible to vote in the election as provided by regulation 14(1)(a) and (b) .

(2)  For the purposes of preparing an electoral roll for an election under section 17(2)(f) of the Act, the Returning Officer in the election may request the Director to provide the Returning Officer with a list of those persons who, at a particular date, are licensed under the Rules of Racing of the Tasmania Thoroughbred Racing Council.

(3)  A Returning Officer in an election may require the Director to provide any other information that the Returning Officer reasonably considers is necessary or expedient to obtain in order to prepare an electoral roll for the election.

(4)  The Director must comply with a request made by a Returning Officer under this regulation, in accordance with any directions accompanying the request.

(5)  The Director must certify a list provided under subregulation (1) or (2) as true and correct.

(6)  The Returning Officer may request the Secretary of a registered club to provide the Returning Officer with any information the Returning Officer requires for the purpose of this regulation or regulation 14 and to provide that information within such time and in accordance with such directions as may be specified in the request.

(7)  The Secretary of a registered club must not fail to comply with a request made by the Returning Officer under this regulation.

Penalty:  Fine not exceeding 10 penalty units.

18.   Ballot papers

(1)  Subject to this regulation, ballot papers for an election are to be prepared and printed in a form approved by the Chief Electoral Officer.

(2)  The order in which the names of candidates are to be printed on the ballot papers is to be drawn by lot.

(3)  A ballot paper is to contain a direction that electors are to vote for all candidates in the order of their preference.

19.   Polling period

(1)  The Returning Officer in an election must fix the day on which ballot papers are posted to eligible electors and the time and date of the close of the ballot.

(2)  The ballot papers are to be posted to eligible electors at least 14 days before the close of the ballot.

20.   Ballot material to be posted to electors

(1)  When conducting an election the Returning Officer must post or deliver the following ballot material to each elector at the address of the elector shown on the electoral roll for the election:

(a) the ballot paper;

(b) instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned;

(c) the envelope or envelopes to be used for the return of the ballot paper;

(d) candidate statements;

(e) such other material as the Chief Electoral Officer considers appropriate.

(2)  An envelope to be used for the issue and return of a ballot paper is to –

(a) make provision for the voter to sign an declaration authenticating the vote; and

(b) be designed to protect the secrecy of the vote.

(3)  Except as provided by subregulation (2) , the form of the envelope is to be determined by the Chief Electoral Officer.

(4)  The declaration required under subregulation (2) , is to be to the effect that the voter –

(a) is the person named on the envelope; and

(b) voted on the ballot paper in the envelope.

21.   Voting

An elector in an election is, in accordance with the instructions issued by the Returning Officer, to –

(a) mark the ballot paper; and

(b) place it in the envelope or envelopes provided; and

(c) sign the voting declaration; and

(d) send it by post or deliver it so that it is received by the Returning Officer before the close of the ballot.

22.   Supplementary issue of ballot material

(1)  The Returning Officer in an election may, if there is reasonable time to do so before the close of the ballot, send, deliver or provide in person, supplementary ballot material to an elector who claims –

(a) not to have received the original ballot material; or

(b) to have spoilt or lost the original ballot material sent to the elector; or

(c) to be entitled to vote but is not on the list of electors; or

(d) that he or she will be absent from the address shown on the electoral roll for the election.

(2)  Supplementary ballot material requested in accordance with subregulation (1) may be sent or delivered to an address nominated by the elector.

23.   Ballot papers not to be accepted

The Returning Officer in an election must not accept a ballot paper that is –

(a) received by the Returning Officer after the close of the ballot; or

(b) contained in an envelope where the declaration has not been signed as required under regulation 21 ; or

(c) received from a person who is not eligible to vote in the election; or

(d) received from a person who has already voted in the election.

24.   Informal ballot papers

(1)  A ballot paper in an election is informal if –

(a) there is no vote recorded on the ballot paper; or

(b) in respect of an election of one member to a Council – the elector has not placed the number 1 in the square next to the name of one and only one candidate; or

(c) in respect of an election of more than one member to a Council – the elector has not marked the ballot paper by placing consecutive numbers without repetition, starting from number 1, in the squares next to the names of at least as many candidates as there are candidates to be elected; or

(d) the ballot paper contains a mark or writing which identifies the elector who marked the ballot paper.

(2)  If on a ballot paper that is otherwise formal under subregulation (1) a number is repeated or omitted, the elector's preferences on that ballot paper are to be counted up to but not including that repetition or omission.

(3)  A ballot paper is not to be treated as informal at the counting of votes if, in the opinion of the Returning Officer, the elector's intention is clearly indicated on the ballot paper.

PART 5 - Determination of result of election

25.   Counting of votes

Votes cast at an election are to be counted –

(a) in the case of an election for a member of the Tasmanian Thoroughbred Racing Council – in accordance with Part 2 of Schedule 7 to the Local Government Act 1993 ; and

(b) in the case of an election for a member of the Tasmanian Harness Racing Council or Tasmanian Greyhound Racing Council – in accordance with Part 3 of Schedule 7 to the Local Government Act 1993 .

26.   Scrutineers

(1)  A candidate in an election may appoint a person who is not a candidate to be a scrutineer on his or her behalf.

(2)  The appointment of a scrutineer is to be –

(a) in writing and signed by the candidate; and

(b) lodged with the Returning Officer.

(3)  A scrutineer is entitled to be present at any stage of the ballot.

(4)  A candidate is not entitled to be present at any stage of the ballot.

PART 6 - Casual vacancies

27.   Casual vacancies

A casual vacancy occurs –

(a) when a member of a Council ceases to hold office, other than by the normal expiry of the member's term of office; or

(b) if not all the positions required to be filled are filled at a normal election.

28.   Recounts and by-elections

(1)  If, after an election, a casual vacancy of the kind referred to in regulation 27(a) occurs in the office of a member of the Tasmanian Harness Racing Council or Tasmanian Greyhound Racing Council –

(a) a recount of the votes cast in the election is to be conducted in accordance with Schedule 5 to the Electoral Act 1985 or Schedule 8 to the Local Government Act 1993 , as determined by the Chief Electoral Officer; or

(b) if it is not possible to carry out such a recount and a member is not to be appointed under regulation 29(a) – a by-election is to be held to fill the casual vacancy.

(2)  If a casual vacancy of the kind referred to in regulation 27(a) occurs in the office of the elected member of the Tasmanian Thoroughbred Racing Council, a by-election is to be conducted unless the vacancy is to be filled under regulation 29(a) .

(3)  A by-election is to be held as far as possible in accordance with these regulations as if it were an election.

(4)  The term of office of a member elected at a recount or by-election expires at the next normal election.

29.   Appointment of members to a Council

The Minister may appoint a member to a Council where –

(a) a casual vacancy occurs after the expiration of a period of 30 months following the close of the ballot for the previous normal election, and a by-election would otherwise be required to fill the position; or

(b) a position is not filled at a by-election.

PART 7 - Declaration of result

30.   Declaration of result if no ballot required

If after the close of nominations for an election, the number of nominations of candidates accepted by the Returning Officer is no more than the number of positions to be filled at that election, the Returning Officer must declare that candidate or those candidates elected.

31.   Declaration of result if ballot required

If a ballot is held, the Returning Officer must declare the successful candidate or candidates elected as soon as practicable after the scrutiny is completed.

32.   Declaration of result of recount

If a recount is conducted, the Returning Officer must declare the successful candidate elected as soon as practicable after the recount is completed.

33.   Publication of declaration

The Returning Officer must, within 7 days of a declaration under regulation 30 , 31 or 32  –

(a) cause notice of the declaration, including the name of each person elected, to be published in 3 newspapers; and

(b) notify the Minister and the Director of the names of the persons elected.

PART 8 - Miscellaneous

34.   Formal defects not to invalidate elections

An election is not invalid by reason only –

(a) of any formal error or defect in any notice, notification, list, declaration, statement or envelope; or

(b) that any publication was out of time; or

(c) any delay in holding the election; or

(d) any failure to provide any election material; or

(e) of any defect, impediment or omission of a merely formal nature.

35.   Costs of elections

The costs incurred by the Chief Electoral Officer for or in connection with an election are to be paid by the Authority.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 31 December 1997

These regulations are administered in the Department of Primary Industry and Fisheries by Racing Tasmania.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for the conduct of elections under the Racing Act 1983 .