Racing (Electoral) Regulations 2004

Racing (Electoral) Regulations 2004

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 Regulation Act 2004 .

22 December 2004

W. J. E. COX

Governor

By His Excellency's Command,

J. G. COX

Minister for Racing

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Racing (Electoral) Regulations 2004 .

2.   Commencement

These regulations take effect on the day on which the Racing Regulation Act 2004 commences.

3.   Interpretation

In these regulations –

Act means the Racing Regulation Act 2004 ;

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

close of the ballot means the time and day 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;

normal election means an election other than a by-election;

racing year means the 12-month period commencing on 1 August in any year;

Returning Officer, in relation to an election, means the Chief Electoral Officer or other person conducting the election as provided by section 112(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 is to 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 is to fix the day on which nominations for the election open and the time and day 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 is, no later than 14 days before the day fixed for the close of nominations, to cause public notice of the election to be published in at least 3 newspapers.

(2)  The public notice is to –

(a) indicate the purpose of the election; and

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

(c) indicate how persons can obtain forms or further information; and

(d) 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 is to –

(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 is to 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, email 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, interfering as little as possible with the content of the statements received, may –

(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 if 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 ballots

13.   When are ballots 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 Harness Racing Tasmania if, on a day determined by the Returning Officer –

(a) the person is a trainer who is licensed under the Rules of Racing for the harness racing code of racing and was licensed under those rules in the previous racing year; or

(b) the person is a driver who is licensed under the Rules of Racing for the harness racing code of racing and was licensed under those rules in the previous racing year; 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 Greyhound Racing Tasmania if, on a day determined by the Returning Officer –

(a) the person is a trainer who is licensed under the Rules of Racing for the greyhound racing code of racing and was licensed under those rules in the previous racing year; or

(b) the person is an owner who is licensed under the Rules of Racing for the greyhound racing code of racing and was licensed under those rules in the previous racing year; 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 is to prepare a roll of all persons eligible to vote in the election.

(2)  The Returning Officer is to 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.   Obtaining information for electoral rolls

(1)  To prepare an electoral roll for an election under section 15(1) of the Act, the Returning Officer may –

(a) request the Director to provide the Returning Officer with a certified 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) ; and

(b) request a registered club to provide the Returning Officer with a certified list of those persons who, at a particular date, are eligible to vote in the election as provided by regulation 14(1)(c) .

(2)  To prepare an electoral roll for an election under section 16(1) of the Act, the Returning Officer may –

(a) request the Director to provide the Returning Officer with a certified list of those persons who, at a particular date, are eligible to vote in the election as provided by regulation 14(2)(a) and (b) ; and

(b) request a registered club to provide the Returning Officer with a certified list of those persons who, at a particular date, are eligible to vote in the election as provided by regulation 14(2)(c) .

(3)  To prepare an electoral roll for an election under section 14(1)(f) of the Act, the Returning Officer may request the Director to provide the Returning Officer with a certified list of those persons who, at a particular date, are licensed under the Rules of Racing for the thoroughbred racing code of racing.

(4)  The Returning Officer in an election may require the Director or a racing club to provide any other information that the Returning Officer reasonably considers it necessary or expedient to obtain in order to prepare an electoral roll for the election.

(5)  The Director is to comply with a request made under this regulation by the Returning Officer in an election.

(6)  A registered club must not fail to comply with a request made under this regulation by the Returning Officer in an election.

Penalty:  Fine not exceeding 10 penalty units.

(7)  In this regulation –

certified, in relation to a list provided to the Returning Officer in an election, means certified by the provider of the list as being true and correct.

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 an elector is to vote for all candidates in the order of the elector's preference.

19.   Polling period

(1)  The Returning Officer in an election is to fix the day on which ballot papers are posted to eligible electors and the time and day 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 is to 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 a 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 voting 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 election result

25.   Counting of votes

Votes cast at an election are to be counted –

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

(b) for a Harness Racing Tasmania or Greyhound Racing Tasmania election, 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 an elected member of a Council ceases to hold office, other than by the normal expiry of the member's term of office as provided by regulation 34 ; or

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

28.   Recounts and by-elections

(1)  If, following an election, a casual vacancy occurs –

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

(b) where it is not possible to carry out such a recount and a member is not to be appointed under regulation 29(1)(a) or (b) , a by-election is to be held to fill the casual vacancy.

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

29.   Appointment of members to fill casual and other vacancies

(1)  The Minister may appoint a member to a Council if –

(a) a casual vacancy of the kind referred to in regulation 27(a) 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 casual vacancy of the kind referred to in regulation 27(b) occurs; or

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

(2)  An appointment under this regulation expires as provided in regulation 34(3) .

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 is, as soon as practicable, to –

(a) declare that candidate or those candidates elected; and

(b) issue a certificate of the election result; and

(c) forward that certificate to the Chief Electoral Officer (if the Returning Officer is not also the holder of that office).

31.   Declaration of result if ballot required

If a ballot is held, the Returning Officer is, as soon as practicable after the ballot, to –

(a) declare the successful candidate or candidates elected; and

(b) issue a certificate of the election result; and

(c) forward that certificate, and the ballot papers used in the election, to the Chief Electoral Officer (if the Returning Officer is not also the holder of that office).

32.   Declaration of result of recount

If a recount is conducted, the Chief Electoral Officer is, as soon as practicable after the recount, to –

(a) declare the successful candidate elected; and

(b) issue a certificate of the election result.

33.   Publication of election result

As soon as practicable after receiving or issuing a certificate of the election result under regulation 30 , 31 or 32 , the Chief Electoral Officer –

(a) is to cause a copy of the certificate to be published in the Gazette; and

(b) may cause a copy of the certificate to be published in any newspapers or in any relevant racing industry publications; and

(c) is to notify the Minister and the Director of the names of the persons elected; and

(d) is to notify those persons of their election.

34.   Publication of certificate of election result determines term of office

(1)  The term of office of a person who is elected as a member of a Council expires on the day on which the certificate of the election for the next normal election for that Council is published in the Gazette under regulation 33(a) .

(2)  Subregulation (1) applies whether the member is elected at a normal election or, pursuant to regulation 28 , at a recount or by-election.

(3)  The term of office of a person who is appointed as a member of a Council under regulation 29 expires on the day on which the certificate of the election for the next normal election for that Council is published in the Gazette under regulation 33(a) .

PART 8 - Miscellaneous

35.   Disputed returns

An elector or candidate who disputes an election result as specified in the relevant certificate of election issued under Part 7 may, within the 90-day period immediately following the day on which the certificate is published in the Gazette pursuant to regulation 33(a) , apply to the Magistrates Court (Administrative Appeals Division) for a review of that election result.

36.   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) of any delay in holding the election; or

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

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

37.   Retention of ballot papers

(1)  The Chief Electoral Officer is to keep the ballot papers from an election at least until a certificate of election has been issued and published under Part 7 for the next normal election of the same kind, after which those ballot papers may be disposed of in a secure manner determined by the Chief Electoral Officer.

(2)  Ballot papers kept under subregulation (1) are to be examined only for the purpose of filling a casual vacancy.

38.   Costs of elections

The costs incurred by the Chief Electoral Officer for or in connection with an election to elect a member of a Council are to be paid by TOTE Tasmania.

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

Notified in the Gazette on 29 December 2004

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for the conduct of racing council elections under the Racing Regulation Act 2004 .