Elected member
2 Elected member
In this clause—
elected member, in the case of a water supply authority of which one or more of the members is appointed after being elected by employees of the water supply authority, means a member so elected.
Regulations may be made for or with respect to the election of a person to hold office as an elected member.
The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for an election, and has and may exercise the functions conferred or imposed on the returning officer by the regulations made under this clause in relation to the election.
Employees of a water supply authority are entitled to vote at an election in accordance with the regulations made under this clause.
A person’s nomination as a candidate for election as elected member is invalid if—
the nomination is not made by at least 2 persons who are employees of the water supply authority, or
the person is not, at the time of nomination, an employee of the water supply authority, or
the person is not, at the time of nomination, a member of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 or an association of employees registered as an organisation under the Workplace Relations Act 1996 of the Commonwealth, being such an organisation or association that is prescribed by the regulations for the purposes of this paragraph as being an organisation or association representing employees of the water supply authority, or
the instrument of nomination is not accompanied by a statutory declaration to the effect that the person is, at the time of nomination, such a member, and the returning officer is entitled to rely on the information contained in the statutory declaration.
A person may be, at the same time, both the elected member and an employee of the water supply authority.
Nothing in any law, rule, direction or other requirement that—
is applicable to the elected member in his or her capacity as an employee of the water supply authority, and
would not be so applicable if the elected member were not such an employee,
operates so as to prevent or restrict the exercise by the elected member of any of the functions of an elected member.
If no person is nominated at an election, or if for any other reason an election fails, the Governor may appoint a person eligible for election to be a part-time member, and the person, on being appointed, is taken to be a person elected in the manner prescribed by the regulations made under this clause.
If a vacancy occurs in the office of elected member otherwise than by reason of the expiration of the period for which an elected member was appointed—
the Governor may appoint a person eligible for election to hold, subject to this Schedule, the office of elected member for a term commencing on the date of appointment or a later date specified in the relevant instrument of appointment and ending on the commencement of the term of office of the next elected member, and
any such person, on being so appointed, is taken to be a person elected in the manner prescribed by the regulations made under this clause.
This provision refers to the regulations (the regulations
, prescribed by the regulations
). Made under this Act:
- Gumly Gumly Private Irrigation District Board of Management (General) By-law 1997 · Regulation
- Hay Private Irrigation District Board of Management (Water Rights) By-law 1999 · Regulation
- Moira Board of Management (General) By-law 1989 · Regulation
8 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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