Veterinarians Regulations 1994

regulation 10

1. Definitions

In this Schedule:

election day means the day determined by the Registrar under clause 6(1).

nomination day means the day determined by the

Registrar under clause 2(1)(a).

2. Nominations for election

If an election is required to be held under the Act, the

Registrar must:

determine the day on which nominations for candidates for the election are to close; and

post to each registered veterinarian at least 21 days before the date determined under paragraph (a):

a notice stating that an election is to be held for one or

2 members of the Board, as the case may be, requesting nominations and specifying the address to which the nominations are to be sent and the nomination day; and

a nomination form in accordance with Form 1.

A registered veterinarian may, in accordance with Form 1, nominate another registered veterinarian to be a candidate.

If the Registrar receives a nomination that is not in accordance with Form 1, the Registrar must:

reject it; and

inform in writing the person nominated to be a candidate and his or her nominator of the rejection and the Registrar's reasons for it.

3. Close of nominations

A nomination is not valid unless it is received by the Registrar before 4 pm on nomination day.

4. Withdrawal of nominations

A candidate may withdraw his or her nomination at any time before

4 pm on nomination day by lodging with the Registrar a written notice of withdrawal signed by the candidate.

5. Proceedings after close of nominations

The Registrar must, as soon as practicable after nomination day:

if there are no candidates – inform the Minister in writing that there are no candidates and of the number of vacancies; or

if there is one candidate and 2 vacancies:

declare the candidate to be elected as a member; and

inform the Minister in writing that the candidate has been elected and that there is a vacancy; and

publish at the Registrar's office a notice setting out the name of the candidate declared elected; and

notify each registered veterinarian of the name of the candidate declared elected; or

if the number of candidates equals the number of vacancies:

declare that candidate or those candidates to be elected as a member or members, as the case may be; and

publish at the Registrar's office a notice setting out the name or names of the candidate or candidates declared elected; and

forward a copy of the notice to the Minister; and

notify each registered veterinarian of the name or names of the candidates declared elected; or

if the number of candidates is more than the number of vacancies:

publish a list of candidates at the Registrar's office; and

notify each registered veterinarian of the name of the candidates; and

conduct a postal ballot for the election of members in accordance with this Schedule.

If the Minister is informed under subclause (1)(a) or (1)(b)(ii) of a vacancy, the Minister must appoint a registered veterinarian to fill the vacancy.

A person appointed under subclause (2) is to be taken to be an elected member.

The Registrar must, as soon as practicable after the Minister has appointed a registered veterinarian under subclause (2):

publish at the Registrar's office a notice setting out the name of the registered veterinarian; and

notify each registered veterinarian of the appointment.

6. Form of ballot paper and declaration

If a postal ballot is to be conducted under clause 5(1)(d), the

Registrar must determine a day, not later than 60 days after nomination day, to be the day by which the ballot paper and declaration in relation to an election are to be received by the

Registrar.

If a postal ballot is to be conducted under clause 5(1)(d), the

Registrar must post or give personally to each registered veterinarian, not later than 28 days after nomination day:

a ballot paper in accordance with Form 2 and a declaration in accordance with Form 3; and

an envelope with the Registrar's name and address on it; and

an envelope of a size enabling it to fit inside the envelope specified in paragraph (b).

A ballot paper:

is to set out the names of the candidates; and

may contain information that the Registrar thinks fit; and

is to be initialled on the back by the Registrar; and

is to specify the election date.

The Registrar must determine by lot the order of names of the candidates on the ballot-paper.

7. Voting procedure

A registered veterinarian may vote by placing on the ballot paper a tick or a cross in the box or boxes opposite the name or names of the candidate or candidates of his or her choice.

8. Return of ballot paper etc.

After a registered veterinarian has voted on a ballot paper and completed the declaration in Form 3, the registered veterinarian must:

place the ballot paper in the envelope provided under clause 6(2)(c); and

place that envelope and the declaration in the addressed envelope provided under clause 6(2)(b); and

return the addressed envelope to the Registrar.

9. Non-receipt, loss etc. of ballot paper by voter

If the Registrar receives from a registered veterinarian before 4 pm on election day a written statement:

setting out the veterinarian's full name and address; and

declaring that the veterinarian:

has not received a ballot paper or that the ballot paper received has been lost or destroyed; and

has not already voted at the election;

the Registrar may post or send by electronic means, including by a facsimile machine, a ballot paper to the registered veterinarian.

10. Presence of candidates' representatives at count

A candidate may attend, or appoint a representative to attend on his or her behalf, at the counting of votes to determine an election.

An appointment under subclause (1) is to:

be in writing; and

be given to the Registrar before any votes in the election are counted; and

be signed by the candidate and specify the candidate's name; and

specify the representative's name and address.

11. Rules governing count

The Registrar must, as soon as practicable after 4 pm on election day (whether or not on that day) and in the presence of another person:

produce all unopened envelopes provided under clause 6(2)(b) that contain ballot papers and completed declarations received by the

Registrar; and

remove the declaration from each envelope provided under clause 6(2)(b) and inspect it; and

allow the candidate or candidate's representative, if any are present, to inspect the declaration; and

put to one side an unopened envelope provided under clause 6(2)(c) that is accompanied by a declaration that is not in accordance with Form 2; and

separate all declarations and unopened envelopes provided under clause 6(2)(c) that contain ballot papers; and

open the envelopes provided under clause 6(2)(c) that contain ballot papers and count the votes received by each candidate.

The Registrar must declare a ballot paper to be disregarded for the purposes of the count if it is:

received by him or her after 4 pm on election day; or

put to one side under subclause (1)(d); or

informal under subclause (3).

A ballot paper is informal if, in the opinion of the Registrar, it does not clearly show the voter's intention.

The Registrar may only make a declaration under subclause (2) in the presence of another person.

If:

in the case of an election for one member – 2 or more candidates receive the equal highest number of votes in an election;

or

in the case of an election for 2 members:

3 or more candidates receive the equal highest number of votes in an election; or

2 or more candidates receive the equal second highest number of votes;

the Registrar must, in the presence of another person:

by drawing lots, exclude from election the number of those candidates necessary to enable the appropriate number of candidates to be selected; and

record that the selection was by lot.

A person selected by lot under subclause (5) is to be taken to have been elected to be a member.

12. Declaration of result

As soon as practicable after completing the counting of votes, but in any case not later than 28 days after election day, the

Registrar must publish at the Registrar's office and post or give personally to each registered veterinarian a notice:

setting out the names of the candidates; and

declaring:

the person with the highest number of votes; or

if there is more than one vacancy – the 2 persons with the highest number of votes;

to be elected as a member or members; and

if a person was selected by lot under clause 11(5) – declaring the person to be taken to be elected as a member.

The Registrar must forward a copy of the notice under subclause (1) to the Minister.

FORM 1

regulation 10

clause 2

NORTHERN TERRITORY OF AUSTRALIA

Veterinarians Regulations 1994

NOMINATION FOR ELECTION AS MEMBER OF VETERINARY BOARD

OF NORTHERN TERRITORY

To the Registrar, I ……………………………………………………………………

(surname of nominator) (given names in full)

of

……………………………………………………………………………...…….,

(address of nominator)

nominate

*:

SURNAME: GIVEN

NAMES:

ADDRESS:

for election as a member of the Veterinary Board of the Northern

Territory.

Signature of nominator……………………………….. Date …………………

I consent to this nomination,

Signature of nominee ………………………………… Date …………………

This form is to be completed and returned by ……………………………….**

(nomination date)

* Candidates must be nominated by another registered veterinarian.

** Registrar to complete

FORM 2

regulation 10

clause 6

NORTHERN TERRITORY OF AUSTRALIA

Veterinarians Regulations 1994

BALLOT PAPER

Election of 1/2 member(s)* of the Veterinary Board of the Northern Territory

DIRECTIONS TO VOTER

Mark your vote on this ballot paper by placing a tick or a cross in the square opposite the name/s of the one/two* candidate(s) of your choice.

CANDIDATE/S*



…………………………………………….



…………………………………………….



…………………………………………….

After marking your vote, place it in the smaller envelope provided and place that envelope and the signed and witnessed declaration set out in Form 3 in the larger envelope provided and post it to the

Registrar.

Unless your ballot paper is received by the Registrar on or before 4 pm of …………………………….**, your vote will not be counted.

* Registrar to delete whichever is inapplicable.

** Registrar to insert election date.

FORM 3

regulation 10

clause 6

DECLARATION

I,

…………………………………………………………………………………

(given names in full)

…………………………………………………………………………………….

declare that the enclosed ballot paper was issued to me, has been marked by me and that I have not previously voted at this election.

Date....................………………

…………………………………… ………………………………….

Signature of registered Signature of witness

Veterinarian

…………………………………..

Name of witness

…………………………………..

Address of witness.