1Title
These Regulations may be cited as the Local Government (Electoral)
Regulations 2021.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Local Government (Electoral)
Regulations 2021.
These Regulations commence on the day on which section 141 of the
Local Government Act 2019 commences.
In these Regulations:
approved form means a form approved by the Electoral Commissioner.
authorised officer, see regulation 5.
ballot paper includes a declaration ballot paper.
candidate square, see regulation 12(2)(c).
candidate statement means a candidate statement that meets the requirements of regulation 35.
declaration ballot paper means a ballot paper on which a declaration vote is cast.
declaration vote means a vote cast under Part 3, Division 3.
determination day, for Part 3, Division 5, see regulation 33.
early voting centre means a place declared under regulation 14(1)(b) for voting before election day.
election day voting centre means a place declared under regulation 14(1)(a).
electoral roll, see section 139 of the Act.
electorate means:
for the election of ordinary members of a council:
(i) if the local government area of the council is not divided into wards – the local government area; or
(ii) otherwise – the whole area of each ward within the local government area of the council; or
(b) for the election of the principal member of a council – the local government area.
enrolled, for a person, means the person's name is on an electoral roll.
indication of preferences means an indication of preferences that meets the requirements of regulation 36.
infringement notice, see regulation 79.
infringement notice offence, see regulation 78(1).
mandatory postal vote election means an election declared as a mandatory postal vote election under section 137(2) of the Act.
mobile voting centre means a place declared under regulation 44 or changed under regulation 45.
mobile voting period, for a mobile voting centre, means the period declared under regulation 44 for the centre or changed under regulation 45.
nomination day means:
for a general election – the 23rd day before election day; or
for a by-election:
(i) if the returning officer is the Electoral Commissioner – a day as decided by the Electoral Commissioner; or
otherwise – the 23rd day before election day.
ordinary vote means a vote cast under Part 3, Division 2, whether on or before election day.
postal vote certificate means:
for Part 3, Division 5 – see regulation 39(2); or
otherwise – see regulation 28(3).
postal voting papers, in relation to an election, means:
a postal ballot paper for the election; and
(b) a postal vote certificate printed on an envelope addressed to the returning officer for the election; and
(c) an explanation in writing of the procedure for postal voting under these Regulations; and
(d) any other information that the returning officer considers appropriate; and
if the election is a mandatory postal vote election:
(i) a candidate statement for each candidate in relation to whom a candidate statement is lodged, under regulation 35; and
(ii) an indication of preferences for each candidate in relation to whom an indication of preferences is lodged, under regulation 36.
prescribed amount, see regulation 78(2).
replacement postal voting papers:
for Part 3, Division 5 – see regulation 38(2); or
otherwise – see regulation 27(2).
scrutineer means a person appointed by a candidate to represent the candidate during voting or at the scrutiny of ballot papers.
scrutiny centre means a place declared under regulation 14(1)(c).
to sign includes, for a person who is unable to sign the person's name, to make an identifying mark.
voting centre means an election day voting centre, a mobile voting centre and an early voting centre.
voting period, see regulation 4.
The voting period for an election is as follows:
(a) for voting at an election day voting centre – from 8 am to 6 pm on election day;
(b) for voting at an early voting centre – the hours decided under subregulation (2);
(c) for voting at a mobile voting centre – the mobile voting period.
(2) The returning officer must decide the days and the voting hours for voting at an early voting centre.
(3) The hours decided under subregulation (2) must not end later than 6 pm on the day before election day.
The following are authorised officers:
(a) a returning officer, in relation to the election for which the person is the returning officer;
(b) a person authorised in writing by the returning officer for an election to exercise specified powers or perform specified functions of an authorised officer under these Regulations in relation to the election.
(2) Without limiting subregulation (1)(b), an authorisation may specify that an authorised officer:
(a) is to be in charge of a specified voting centre or scrutiny centre; or
(b) is to be responsible for, or is to conduct, scrutiny as specified in the authorisation.
An authorised officer must be at least 18 years of age.
(4) A candidate for election, or the spouse or de facto partner of a candidate for election, must not be an authorised officer for the election.
(1) The returning officer for an election must invite nominations of candidates for the election as follows:
for a general election – at least 43 days before election day;
for a by-election:
(i) if the returning officer is the Electoral Commissioner – as decided by the Electoral Commissioner; or
otherwise – at least 43 days before election day.
(2) Public notice must be given about the election that includes the following information:
the date on which the election is to be held;
the contact details of the returning officer;
(c) the nomination day for the election and the time by which nominations must be lodged under regulation 8(1);
(d) the date and time of the closing of the electoral roll specified in regulation 11.
A nomination must:
be in the approved form; and
(b) state the name and residential address under which the nominee is enrolled; and
(ba) state the name the nominee wishes to have printed on the ballot paper; and
state the office for which the nominee is a candidate; and
(d) include a statement that the nominee consents, if elected, to act in the capacity in which the nominee is nominated as a candidate for election; and
be signed by the nominee; and
(f) be signed by at least one other person who is enrolled to vote in the local government area for which the nominee is nominating.
Examples for subregulation (1)(c)
1 If the principal member of the council is to be elected at the election, the form must state whether the nominee is a candidate for election as principal member or ordinary member of the council (or both).
2 If the local government area is divided into wards and the nominee is a candidate for election as an ordinary member of the council, the nomination form must state the ward for which the nominee is a candidate.
(2) Despite subregulation (1)(b), if the enrolled address of a nominee is suppressed, the nomination is not required to state the address but the nomination must instead state a postal address for correspondence.
(3) For subregulation (1)(ba), the name the nominee wishes to have printed on the ballot paper must be:
the name stated under subregulation (1)(b); or
the surname stated under subregulation (1)(b) and:
(i) one or more of the given names stated under subregulation (1)(b); or
(ii) an initial or initials standing for the given name or names stated under subregulation (1)(b); or
(iii) a commonly accepted variation of the given name stated under subregulation (1)(b), such as an abbreviation, truncation or alternative form of the name; or
(iv) a commonly used name specific to the nominee by which the nominee is usually identified; or
(v) a combination of no more than 2 of the names, initials or variations specified in subparagraphs (i) to (iv).
(3A) For subregulation (3)(b)(iv), the returning officer may require the nominee to produce evidence to the satisfaction of the returning officer that the proposed name is a commonly used name specific to the nominee by which the nominee is usually identified.
A nomination must be accompanied by:
(a) a declaration, in the approved form, to the effect that the nominee is eligible for election in the capacity in which the nominee is a candidate; and
(b) a recent photograph of the nominee that is a full faced vertical portrait of the nominee's head and shoulders.
(5) The returning officer may accept a photograph of a nominee that does not comply with subregulation (4)(b) if the returning officer is satisfied the nominee is readily recognisable in the photograph.
(6) If a local government area is divided into wards, the same person is not entitled to be a candidate for election in more than one ward.
A nomination must be lodged with the returning officer before 12 noon on nomination day.
A candidate may withdraw the candidate's nomination by giving written notice of the withdrawal to the returning officer before 12 noon on nomination day.
The lodgement of a nomination or the giving of a notice of withdrawal must be done by:
hand delivery of the nomination or notice to an authorised officer at an office of the returning officer
or another place approved by the returning officer; or
an electronic means approved by the returning officer.
The returning officer may reject a nomination if:
(a) subject to subregulation (2), the nomination is not substantially in accordance with the requirements of regulation 7; or
(b) the nominee is not enrolled at an address within the local government area at the close of the electoral roll for the election; or
(c) the name stated under regulation 7(1)(b) is not that under which the nominee is enrolled or entitled to be enrolled; or
(d) the nominee's name is obscene, frivolous or has been assumed for a political purpose; or
the nomination is not lodged in accordance with regulation 8(1).
(2) The returning officer must not reject a nomination on the ground that it is not accompanied by a photograph under regulation 7(4)(b).
(3) The returning officer must give a nominee whose nomination is rejected written notice of:
the rejection and the reasons for it; and
(b) the nominee's right to dispute the validity of the election under Part 8.5 of the Act.
(1) At the appropriate time, the returning officer must:
(a) declare the names of the duly nominated candidates for election; and
(b) if a ballot paper is to be prepared for the election – determine by lot, in public at a place decided by the returning officer, the order of the candidates' names on the ballot paper.
(2) As soon as practicable after the returning officer makes the declaration under subregulation (1), the returning officer must give public notice of the declaration.
(3) The returning officer must rely on the declaration of eligibility accompanying the nomination of a candidate in deciding the candidate's eligibility to stand for the election.
(4) Despite subregulation (3), the Electoral Commissioner may determine that a candidate is not eligible to stand for the election if there is evidence contrary to the candidate's declaration of eligibility.
(5) If the number of candidates nominated does not exceed the number of offices to be filled, the returning officer must declare the relevant candidates elected.
(6) Despite subregulation (5), if the same person is a candidate for election as the principal member and as an ordinary member of the council, the returning officer must not declare the candidate elected as an ordinary member of the council unless and until it is clear that the candidate has failed to secure election as the principal member of the council.
(7) As soon as practicable after the returning officer makes the declaration under subregulation (5), the returning officer must give public notice of the declaration.
In this regulation:
appropriate time means:
3 pm on the day following nomination day; or
(b) some other time, not earlier than 12 noon on nomination day and not later than 6 pm on the third day after nomination day, fixed by the returning officer and notified to all nominees for election.
The electoral roll closes:
(a) for a general election – at 5 pm on the 32nd day before election day; or
for a by-election:
(i) if the returning officer is the Electoral Commissioner – on a day as decided by the Electoral Commissioner; or
otherwise – at 5 pm on the 32nd day before election day.
(2) The electoral roll re-opens at the close of voting for an election.
A ballot paper must be in the approved form.
A ballot paper must have:
(a) the name or names of each candidate for election to the relevant office, as provided under regulation 7(1)(ba); and
either:
(i) a photograph of each candidate adjacent to the candidate's name or names on the ballot paper; or
(ii) for a candidate for whom a photograph has not been supplied – the words "photograph not supplied"; and
(c) a square printed adjacent to the candidate's photograph or the words mentioned in paragraph (b)(ii).
(3) The order in which the names of candidates appear on the ballot paper is to be as determined under regulation 10.
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