Territory of Cocos (Keeling) Islands

__________

Local Government (Transition) (Amendment) Ordinance 1993

No. 1 of 1993

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

 Dated 22 January 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

WENDY FATIN

Minister of State for the Arts and Territories

__________

An Ordinance to amend the Local Government (Transition) Ordinance 1992

1.   Short Title

1.1   This Ordinance may be cited as the Local Government (Transition) (Amendment) Ordinance  1993.1

[NOTE:  This Ordinance commences on gazettal: see Cocos (Keeling) Islands Act 1955:subsection 12 (2).]

2.    Amendment

2.1   The Local Government (Transition) Ordinance 19922 is amended as set out in this Ordinance.

3.    Section 8 (Suspension of operation of provisions of the Local Government Act)

3.1 Paragraph 8 (b):

Omit “1993.”, substitute “1993, unless the regulations are specified in Schedule 2.”.

4.   Section 10 (Transitional Amendments of the Local Government Act—Electoral provisions)

4.1   Omit “the Schedule” (wherever occurring), substitute “Schedule 1”.

5. New section 11

5.1 After section 10, insert:

Transitional Electoral Forms

 “11. (1) This section applies only in relation to:

 (a) an election of Shire councillors held on 1 May 1993; and

 (b) an election to fill an extraordinary vacancy held before the annual election day in 1994.

 (2) A form set out in Schedule 4 that is referred to in Columns 3 and 4 of an item in Schedule 3 is prescribed for the purposes of the provisions of the Local Government Act (W.A.) (C.K.I.) specified in Column 2 of an item in Schedule 3.”.

6.   Schedule 1

6.1   Omit the heading, substitute:

 “SCHEDULE 1 Section 10

AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1960 (W.A.) (C.K.I.) 

SHIRE COUNCIL ELECTIONS”.

7. New Schedules 2, 3 and 4

7.1 Add at the end:

 “SCHEDULE 2 Paragraph 8 (b)

REGULATIONS NOT SUSPENDED UNDER PARAGRAPH 8 (b)

1. The Building Regulations 1989 of the State of Western Australia in their application to the Territory of Cocos (Keeling) Islands.

2. The Local Government (Appeals to Building Referees) Regulations 1961 of the State of Western Australia in their application to the Territory of Cocos (Keeling) Islands.

3. The Local Government (Appeals to Minister) Regulations 1961 of the State of Western Australia in their application to the Territory of Cocos (Keeling) Islands.

 SCHEDULE 3 Section 11

LIST OF FORMS

SCHEDULE 3—continued

 SCHEDULE 4 Section 11

PRESCRIBED FORMS

Form 1

Local Government Act 1960 (W.A.)(C.K.I.)

(Section 37)

APPLICATION FOR REGISTRATION ON OWNERS AND OCCUPIERS ROLL

Surname: 

Other Names:

Postal Address:

Details of rateable property for which registration claimed:

To the Shire Clerk, Cocos (Keeling) Islands Shire:

I apply to be registered as an elector in respect of the rateable property described above.

[INSTRUCTIONS:  Put a tick [4] in the box next to each statement that applies to you  To be eligible to be enrolled on the owners and occupiers roll, you must tick 1 box in each of 1, 2 and 3.]

I declare that:

(1) p I have attained the age of 18 years.

(2) p I am an Australian citizen.

SCHEDULE 4—continued

 p I am not an Australian citizen, but I am ordinarily resident                              in the Territory of the Cocos (Keeling) Islands.

(3) p I am the owner of the rateable property described above.

 p I am the occupier of the rateable property described                               above.

 p I am the nominee of the corporation which is the owner of                              the rateable property described above.

 p I am the nominee of the corporation which is the occupier                              of the rateable property described above.

Date:...................................

..........................................................................

 SIGNATURE OF APPLICANT

___________

Form 2

 Local Government Act 1960 (W.A.)(C.K.I.)

 (Subsection 38 (1))

ADVICE OF ACCEPTANCE OF APPLICATION FOR REGISTRATION ON OWNERS AND OCCUPIERS ROLL

To: 

..............................................................................................................

(Name of Applicant in full)

..............................................................................................................

(Address of Applicant)

Your application dated ........................................ for registration on the owners and occupiers roll of the Cocos (Keeling) Islands Shire has been accepted and you have been enrolled as an owner or occupier (as appropriate).

SCHEDULE 4—continued

Date:.................................... 

.............................................................................

SHIRE CLERK

NOTE: Keep this advice as evidence of your enrolment.

_____________

Form 3

Local Government Act 1960 (W.A.)(C.K.I.)

(Subsection 38 (2))

NOTICE OF REJECTION OF APPLICATION FOR REGISTATION LFLF;DLFKGLFRLL,LL,L,,.,M,KJJLDKEKDLNOTICE OF REJECTION OF APPLICATION FOR REGISTRATION ON OWNERS AND OCCUPIERS ROLL

TO: 

..............................................................................................................

(Name of Applicant in full)

..............................................................................................................

(Address of Applicant)

 Your application dated .................................. for registration on the owners and occupiers roll of the Cocos (Keeling) Islands Shire has been rejected for the following reason/s:

..............................................................................................................

..............................................................................................................

Date:.................................... 

..............................................................................

SHIRE CLERK

SCHEDULE 4—continued

Form 4

Local Government Act 1960 (W.A.)(C.K.I.)

(Subsections 93 (1), 111 (3), 115 (3) and 122 (4) and section 94 A)

BALLOT PAPER

Cocos (Keeling) Islands Shire council election

on 1 May 1993

NOTE: You must not vote for more than 7 candidates

  You may vote for fewer than 7 candidates

  To cast your vote, affix a voting stamp next to the photograph of each candidate for whom you wish to vote

  Do not otherwise mark the ballot paper

Schedule 4—continued

SCHEDULE 4—continued

_____________

Form 5

Local Government Act 1960 (W.A.)(C.K.I.)

(Section 103)

DECLARATION BY RETURNING OFFICER.

I, .............................................................................................

(Name in full)

of ............................................................................................. ,

(Address)

Returning Officer for the Cocos (Keeling) Islands Shire,

declare that:

 (a) I will faithfully perform the duties of the office of Returning Officer to the best of my understanding and ability; and

 (b) I will not attempt improperly to ascertain or discover, or directly or indirectly aid in discovering, the vote of any elector; and

SCHEDULE 4—continued

 (c) I will keep secret all knowledge of the vote of any elector which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer.

......................................................................

SIGNATURE OF RETURNING OFFICER

Declared before me,....................................................on ................... .

     (Name of Justice of the Peace)   (Date)

......................................................................

SIGNATURE OF JUSTICE OF THE PEACE

____________

Form 6

Local Government Act 1960 (W.A.)(C.K.I.)

(Section 103)

DECLARATION BY

DEPUTY RETURNING OFFICER,

PRESIDING OFFICER,

OR OTHER ELECTORAL OFFICER

I, .............................................................................................

(Name in full)

of ............................................................................................. ,

(Address)

p Deputy Returning Officer,

p Presiding Officer,

p electoral officer appointed to issue early or postal voting papers,

[NOTE: Identify which office you will be performing by placing a tick in the appropriate box.]

SCHEDULE 4—continued

for the election to be held on in the Cocos (Keeling) Islands Shire on

................................. .

  (Date)

declare that:

 (a) I will faithfully perform the duties of my office to the best of my understanding and ability; and

 (b) I will not attempt improperly to ascertain or discover, or directly or indirectly aid in discovering, the vote of any elector; and

 (c) I will keep secret all knowledge of the vote of any elector which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer.

......................................................................

SIGNATURE OF ELECTORAL OFFICER

Declared before me,..................................................on ..................... .

     (Name of witness)   (Date)

......................................................................

SIGNATURE OF WITNESS

[NOTE: If the declaration is being made by the Deputy Returning Officer, then it must be witnessed by a justice of the peace or the returning officer.

  If the declaration is being made by a presiding officer or an officer appointed to issue early or postal  voting papers then it must be witnessed by a justice of the peace, the returning officer or the deputy returning officer.]

SCHEDULE 4—continued

Form 7

Local Government Act 1960 (W.A.)(C.K.I.)

(Section 103)

DECLARATION BY SCRUTINEER

I, .............................................................................................

(Name in full)

of .............................................................................................

(Address)

A scrutineer appointed by  .....................................................

        (Name of candidate)

for the election to be held on ............................... 

        (Date)

in the Cocos (Keeling) Islands Shire,

declare that:

 (a) I will faithfully observe all the provisions of the Local Government Act 1960 (W.A.)(C.K.I.) which relate to the office of scrutineer; and

 (b) I will not attempt improperly to ascertain or discover, or directly or indirectly aid in discovering, the vote of any elector; and

 (c) I will keep secret all knowledge of the vote of any elector which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer.

......................................................................

SIGNATURE OF SCRUTINEER

SCHEDULE 4—continued

Declared before me,..................................................on ..................... .

      (Name and office of Witness)  (Date)

......................................................................

SIGNATURE OF WITNESS

[NOTE: The declaration must be witnessed by a justice of the peace, the returning officer, the deputy returning officer or a presiding officer.]

______________

Form 8

Local Government Act 1960 (W.A.) (C.K.I.)

(Subsection 111 (2))

APPLICATION AND DECLARATION UNDER SECTION 111

I,............................................................................................................

(Name in full)

of...........................................................................................................

(Address)

1. I apply to vote at the election to be held on .........................;                                                                                                                                              (Date)

[INSTRUCTIONS:  Pick 1 of the following choices by putting a tick [4] in the box next to the Choice which applies to you. 

  If you claim the right to vote under Choice 2 or 3, you must be an Australian citizen or ordinarily resident in Australia.  If you are claiming the right to vote under Choice 2, indicate whether you are an Australian citizen or ordinarily resident in Australia by ticking the appropriate box in Choice 2(b).  If you are claiming the right to vote under Choice 3, indicate whether you are an Australian citizen or ordinarily resident in Australia by ticking the appropriate box in Choice 3(b)]

SCHEDULE 4—continued

2. I declare that:

p Choice 1

 (a) I have applied to be enrolled on the Electoral Roll maintained under the Commonwealth Electoral Act 1918 more than 71 days before the election; and

 (b) I have informed the Chief Electoral Officer that my place of living is the Territory of the Cocos (Keeling) Islands more than 71 days before the election; and

 (c) I have attained the age of 18 years.

p Choice 2

 (a) I am the owner of rateable property in the Cocos (Keeling) Islands; and

 (b) p I am an Australian citizen

  p I am not an Australian citizen, but I am ordinarily               resident in Australia; and

 (c) I have attained the age of 18 years.

p Choice 3

 (a) I am the occupier of rateable property in the Cocos (Keeling) Islands; and

 (b) p I am an Australian citizen

  p I am not an Australian citizen, but I am ordinarily               resident in Australia; and

 (c) I have attained the age of 18 years.

....................................................

SIGNATURE OF CLAIMANT

Declared before me,...................................................on..................... .

    (Name of electoral officer)   (Date)

........................................................................

SIGNATURE OF ELECTORAL OFFICER

SCHEDULE 4—continued

Form 9

Local Government Act 1960 (W.A.) (C.K.I.)

(Subsection 115 (2))

APPLICATION AND DECLARATION FOR AN EARLY VOTE

I,............................................................................................................

(Name in full)

of...........................................................................................................

(Address)

1. I apply for an early vote for the election to be held on ...............

            (Date)

[INSTRUCTIONS:  Pick 1 or more of the following choices by putting a tick [4] in the box next to that choice.]

2. I declare that:

p Choice 1

  I have reason to believe that I will be unable to vote on polling day because throughout the hours of the polling I will be more than 20 kilometres from any polling place.

p Choice 2

  I have reason to believe that I will be prevented by my employment commitments or by illness or infirmity from attending any polling place on polling day.

p Choice 3

  I have reason to believe that I will be prevented by my approaching maternity from attending any polling place on polling day.

p Choice 4

  my religious beliefs prevent me from casting a vote on polling day.

................................................

SIGNATURE OF ELECTOR

SCHEDULE 4—continued

Declared before me,....................................................... on ............... .

    (Name of electoral officer)    (Date)

.......................................................................

SIGNATURE OF ELECTORAL OFFICER

___________

Form 10

Local Government Act 1960 (W.A.) (C.K.I.)

(Subsection 122 (1))

APPLICATION FOR POSTAL VOTING PAPERS

I,............................................................................................................

(Name in full)

of...........................................................................................................

(Address)

1. I apply for a postal vote for the election to be held on .............. .

            (Date)

[NOTE:  Pick 1 or more of the following choices by putting a tick [4] in the box next to that choice.]

2. I declare that:

p Choice 1

  I have reason to believe that I will be unable to vote on polling day because throughout the hours of the polling I will be more than 20 kilometres from any polling place.

p Choice 2

  I have reason to believe that I will be prevented by my employment commitments or by illness or infirmity from attending any polling place on polling day.

SCHEDULE 4—continued

p Choice 3

  I have reason to believe that I will be prevented by my approaching maternity from attending any polling place on polling day.

p Choice 4

  my religious beliefs prevent me from casting a vote on polling day.

3. I also declare that I will be unable to cast an early vote before polling day.

4. The address to which the postal voting papers should be posted to me is:

[NOTE:  Put “as above” if this is the same address as that listed at the beginning.]

......................................................

SIGNATURE OF ELECTOR

Declared before:  ................................................................

     ...............................................................

      (Name and address of authorised witness)

on:     ......................................  .

       (Date)

..........................................................................

SIGNATURE OF AUTHORISED WITNESS

[NOTE:  An authorised witness is any person who has attained the age of 18 years and who is NOT a candidate for the election, nor a person expressly authorised to act on behalf of such a candidate in connection with the election.

 The authorised witness must be satisfied as to the applicant’s identity and see the applicant sign the application.]

SCHEDULE 4—continued

REVERSE OF FORM 10

EARLY VOTING

This form of voting allows an elector who will be unable to attend a polling place on polling day to vote on a day before polling day.

All councils have early voting facilities.

To cast an early vote, an elector who is entitled to do so:

- attends the council office or any other appointed place;

- makes a declaration to explain why he or she wants to cast an  early vote instead of voting on polling day; and

- votes.

Early votes may be cast from the 11th day after the close of nominations to 4pm on the day prior to polling day.

IF YOU WANT MORE INFORMATION DO NOT HESITATE TO RING A COUNCIL OFFICE.

__________

Form 11

Local Government Act 1960  (W.A.) (C.K.I.)

(Section 122(4A))

POSTAL VOTING INSTRUCTIONS TO ELECTORS

As a result of your application for postal voting papers, the following have been provided to enable you to cast your vote:

 One Ballot Paper

 One ballot paper envelope

SCHEDULE 4—continued

 One postal vote certificate envelope

 Seven voting stamps

Please read the instructions provided on this leaflet before you complete your postal vote.

If you are unable to cast your vote on the ballot paper without assistance, please follow the instructions provided under the heading ‘How to Complete Your Assisted Postal Vote’.

How to Complete Your Postal Vote

The following steps must be completed to ensure that your vote is counted:

1. Show your unmarked ballot paper and unmarked postal vote certificate envelope to an authorised witness.

 The authorised witness must have attained 18 years of age, and must not be a candidate in the election nor a person expressly authorised to act on behalf of such a candidate in connection with the election.

2. Sign your name on the postal vote certificate envelope in the space provided, in the presence of the authorised witness.

3. The authorised witness must now sign and date the certificate, and print their name and address in the spaces provided.

4. In the presence of the authorised witness, cast your vote on the ballot paper according to the instructions provided on the ballot paper.

 DO NOT let the witness or any other person present see how you have voted unless you request their assistance.

SCHEDULE 4—continued

5. Insert your ballot paper in the ballot paper envelope, seal the envelope and insert it in the envelope upon which the postal vote certificate has been completed and seal that envelope. Either post the completed postal vote certificate envelope or arrange for it to be delivered to the Returning Officer (the envelope is already addressed) by 6pm on Polling Day.

To the Elector Who Requires Assistance to Vote:

If your sight is so impaired, or through other cause, your ability to read or write is such that you cannot vote without assistance, you may appoint another person to cast your vote on the ballot paper for you.

Who may provide assistance?

You may appoint any person to assist you, provided that the person is not a candidate in the election, nor a person expressly authorised to act on behalf of such a candidate in connection with the election. If you wish, you may appoint the authorised witness to assist you.

How is the privacy of your vote maintained?

Under the Local Government Act, an authorised witness must not look at, or make themself acquainted with your vote, or permit any other person to do so. Only the person that you have appointed to assist you may know how you have voted.

Unless required by law, the authorised witness or the person you appoint to assist you must not disclose your vote.

SCHEDULE 4—continued

How to Complete Your Assisted Postal Vote

1. The person appointed to assist you must cast the vote that you wish to cast on the ballot paper, in the presence of the authorised witness, unless the authorised witness is the person that you have appointed to assist you, in which case the authorised witness may cast the vote that you wish to cast in your presence alone.

2. The appointed person must then insert the ballot paper in the ballot paper envelope, seal the envelope and place it inside the envelope upon which the postal vote certificate has been completed.

3. The postal vote certificate envelope must then be sealed and handed to you.

4. You must post the envelope or arrange for it to be delivered to the Returning Officer at the address marked on the envelope by 6pm on Polling Day.

____________

Form 12

Local Government Act 1960 (W.A.)(C.K.I.)

(Subsection 122 (4A))

POSTAL VOTE CERTIFICATE

To be completed by the Electoral Officer

I, ..........................................................................................................

  (Name of electoral officer)

certify that ...........................................................................................

 (Name of elector in full)

SCHEDULE 4—continued

of ..........................................................................................................

 (Address of elector)

is an elector registered on the electoral roll for the Cocos (Keeling) Islands Shire and is entitled to a postal vote for the election to be held on ..................................... .

    (Date)

......................................................................

SIGNATURE OF ELECTORAL OFFICER

 .............................................................                       ....................... .

  (Name of electoral officer)     (Date)

_____________

Form 13

Local Government Act 1960 (W.A.)(C.K.I.)

(Subsection 122 (4A))

POSTAL VOTE CERTIFICATE ENVELOPE

To be completed by the Elector

I, ...........................................................................................................

(Full name of Elector)

certify that the postal vote in this envelope has been cast *by me/*for me.

[*NOTE: Strike out the inappropriate words]

.......................................................................

SIGNATURE OF ELECTOR

 ______________________________________________

SCHEDULE 4—continued

To be completed by authorised witness

I,............................................................................................................

 (Name of authorised witness in full)

certify that the above certificate was signed by

.............................................................

 (Name of Elector in full)

in my presence.

..................................................................................

SIGNATURE OF AUTHORISED WITNESS

.....................................................................

   (Name of authorised witness)

.....................................................................                       ..................

  (Address of authorised witness)    (Date)

[NOTE:  An authorised witness is any person who has attained the age of 18 years and who is NOT a candidate for the election.]

____________

SCHEDULE 4—continued

Form 14

Local Government Act 1960  (W.A.) (C.K.I.)

(Subsection 137 (1))

DECLARATION OF RESULT OF ELECTION

Cocos (Keeling) Islands Shire

Election on 1 May 1993

The number of votes received:

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

SCHEDULE 4—continued

by............................................... is............................................;

  (Name of Candidate)    (Number of votes)

I therefore declare each of the following candidates elected to the office of Councillor for the Cocos (Keeling) Islands Shire:

1. .................................................................................

 (Name of elected Candidate)

2. .................................................................................

 (Name of elected Candidate)

3. .................................................................................

 (Name of elected Candidate)

4. .................................................................................

 (Name of elected Candidate)

5. .................................................................................

 (Name of elected Candidate)

6. .................................................................................

 (Name of elected Candidate)

7. .................................................................................

 (Name of elected Candidate)

The elected candidates are listed in the order in which they are elected.

Date: ........................................

 .........................................................

 RETURNING OFFICER

___________

Form 15

Local Government Act 1960 (W.A.) (C.K.I.)

(Subsection 138 (1))

RETURN OF ELECTION

Cocos (Keeling) Islands Shire

DETAILS OF ELECTED CANDIDATES

SCHEDULE 4—continued

*(a) Retirement

(b) Resignation

(c) Death

(d) Disqualification

(e) Other (state reason)

DETAILS OF CANDIDATES NOT ELECTED

SCHEDULE 4—continued

Reverse of Form 15

Section 138 (1)

EXISTING MEMBERS

___________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on  29 January 1993.

2. Ordinance No. 4, 1992 as amended by No. 7,1992.