Local Government (Elections) Regulations 1998
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 Local Government Act 1993 .
16 February 1998G.S.M. GREEN
Governor
By His Excellency's Command,
D. SWAN
Minister for Local Government
These regulations may be cited as the Local Government (Elections) Regulations 1998 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –Act means the Local Government Act 1993 ;constituent council means a council the municipal area or part of the municipal area of which is to be included in a proposed municipal area;electoral roll officer means a person appointed under regulation 6 ;proposed municipal area means a municipal area to be created by, or the boundaries of which are to be altered by, an order under section 12 of the Act.
4. Conduct of elections for proposed municipal areas
Subject to these regulations, an election for a proposed municipal area is to be conducted as if it were an election for an existing municipal area.
5. Electoral roll of persons entitled to vote
[Regulation 5 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to keep an electoral roll in accordance with the Electoral Act 2004 of persons entitled to vote under section 254(1) of the Act in respect of a proposed municipal area.
[Regulation 6 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to appoint an electoral roll officer for each municipal area.
7. Electoral roll of owners and occupiers
(1) An electoral roll officer is to prepare and keep an electoral roll of owners and occupiers of land in the proposed municipal area.(2) An electoral roll officer has all the powers and functions of a general manager under sections 255 and 258 of the Act in respect of the electoral roll kept under subregulation (1) .
(1) An electoral roll officer is to –(a) prepare and keep a list of electors from the electoral roll kept under regulation 7 as at the time of closure referred to in section 260 of the Act; and(b) certify that the list is correct.(2) [Regulation 8 Subregulation (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to –(a) prepare and keep a list of electors from the electoral roll kept under regulation 5 in respect of the House of Assembly as at the time of closure referred to in section 260 of the Act; and(b) certify that the list is correct.(3) The lists of electors prepared under this regulation form one list for the purposes of an election for a proposed municipal area.(4) [Regulation 8 Subregulation (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to provide the relevant returning officer with a copy of the list.(5) Until after the polling-day –(a) any further names or details are not to be included on the list except any name omitted in error; and(b) any other alterations or cancellations are not to be made to the list except to correct any error.
(1) [Regulation 9 Subregulation (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner, in respect of an election for a proposed municipal area, is to give notice in accordance with section 269 of the Act.(2) [Regulation 9 Subregulation (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to cause the notice to be displayed at the public offices of the constituent councils.
10. Eligibility for nomination as councillor
A person is eligible to nominate as a councillor in an election for a proposed municipal area if the person –(a) is an elector of the proposed municipal area; and(b) satisfies the requirements of section 270(1)(b), (c), (d), (e), (f), (g) and (h) of the Act.
11. Display of notice of nominations
[Regulation 11 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] After the end of the nomination period, the Electoral Commissioner is to cause a notice of nomination for an election in respect of a proposed municipal area to be displayed at the public office of each of the constituent councils.
[Regulation 12 Amended by S.R. 2002, No. 64, Applied:01 Jul 2002] An application for a review may be made under section 262 of the Act against any action of the electoral roll officer as if that officer were the general manager.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 February 1998
These regulations are administered in the Department of Premier and Cabinet.