Territory of Christmas Island

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Local Government Legislation Amendment Ordinance 1993

No. 2 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 Christmas Island Act 1958.

 Dated 15 April 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

R. KELLY

Minister for the Environment, Sport and Territories

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An Ordinance to amend the Local Government (Transition) Ordinance 1992 and the Local Government Act 1960 (W.A.) (C.I.)

PART 1—Preliminary

1.   Short title

1.1   This Ordinance may be cited as the Local Government Legislation Amendment Ordinance 1993.1

2.   Amendments

2.1   The Local Government (Transition) Ordinance 19922 is amended as set out in Part 2.

2.2   The Local Government Act 1960 (W.A.) (C.I.)3 is amended as set out in Part 3.

[NOTE:  This Ordinance commences on gazettal: see Christmas Island Act 1958 s 9 (2).]

PART 2—Amendments of the Local Government (Transition) Ordinance 1992

3.   Section 10 (Amendment of Local Government Act)

3.1   After paragraph (b), insert the following word and paragraph:

 “and (c) an election held before the annual election day in 1994 to fill an extraordinary vacancy;”.

PART 3—AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1960 (W.A.) (C.I.)

4.   Section 6 (Interpretation)

4.1   After the definition of “ ‘clerk’ or ‘clerk of the council’ ”, insert:

“‘Commonwealth electoral roll’ means an extract of the Electoral Roll maintained under the Commonwealth Electoral Act 1918 for the Division of the Northern Territory listing those people whose place of living is the Territory of Christmas Island and who have attained the age of 18 years;”.

5.   New Section 7

5.1   After section 6, insert:

Information on forms in languages other than English

 “7. A form is not invalid only because it contains a written translation or summary, in a language other than English, of the information written on the form in the English language.”.

6.   Section 36 (Eligibility for registration as an elector)

6.1   Subsection 36 (1):

Omit all the words after “on the electoral roll of a municipality if”, substitute “he or she is enrolled on the Commonwealth electoral roll.”.

6.2   Subparagraph 36 (2) (a) (ii):

Omit “State”, substitute “Territory”.

6.3   Subparagraph 36 (2) (b) (ii):

Omit “State”, substitute “Territory”.

7.   Section 37 (Application by owners and occupiers for registration)

7.1   Add at the end:

 “(2) An application may be made by facsimile transmission.”.

8.   Section 42 (Preparation of residents rolls)

8.1   Subsection 42 (3):

Omit “as an elector for the Legislative Assembly”, substitute “on the Commonwealth electoral roll”.

9.   Section 46 (Clerk to give notice as to registration on rolls)

9.1   Paragraph 46 (1) (a):

Omit the paragraph, substitute:

 “(a) in the case of a person who is eligible for enrolment on the Commonwealth electoral roll, make a claim for enrolment under the Commonwealth Electoral Act 1918; or”.

10.   Section 84 (Candidates for election)

10.1   Add at the end:

 “(2) A completed nomination paper may be delivered by facsimile transmission.

 “(3) A nomination paper delivered by facsimile transmission is taken to be accompanied by the deposit if the deposit is delivered within the period described in paragraph (1) (d).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 April 1993.

2. Ordinance No. 6, 1992 as amended by Nos. 7, 9 and 11, 1992; No. 1, 1993.

3. As in force under the Christmas Island Act 1958 and as amended by Ordinances Nos. 6, 7 and 8, 1992; No. 1, 1993 .