2015 
LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 
MINISTER FOR LOCAL GOVERNMENT AND COMMUNITY SERVICES 
LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 2015 
SERIAL NO. 116
EXPLANATORY STATEMENT 

GENERAL OUTLINE 

The Bill amends the Local Government Act (the Act) and Local Government (Electoral) Regulations (the Regulations). The amendments will largely commence on assent. 
The main purpose of the Bill is to improve the administration of local government elections by implementing some of the measures recommended by the Northern Territory Electoral Commissioner in the “2012 NT Council Elections Report”, which was tabled in the Legislative Assembly of the Northern Territory on 4 December 2013. 

The Bill also contains amendments aimed at reducing the cost of administering elections and by-elections by providing councils with the flexibility to choose the voting method for by-elections (i.e. postal voting or attendance voting) and increasing competition in the provision of electoral services to councils. 

In particular, the Bill: 
- changes the timing of the next periodic general election to 2017 (and every four years after that) and fixes polling day to be the 4th Saturday in August; 

- extends the period in which casual vacancies can be filled by appointment, rather than a by-election, to 18 months before a general election; 

- provides councils with the flexibility to choose to conduct by-elections themselves, engage an external electoral service provider or use the services of the Northern Territory Electoral Commission; 

- allows municipal councils to choose to conduct by-elections by postal voting only; 

- allows municipal councils to choose whether to fill the office of the principal member by appointment or election; 

- expands postal voting and early voting services to all voters; 

- re-targets absentee voting services on polling day to designated polling places in regional centres; 

- changes the time by which postal votes must be received from 6 pm on the 6th day after polling day to 12 noon on the 6th day after polling day; 

- provides the Electoral Commissioner with the power, in relation to by-elections, to set polling hours on polling day; 

- allows the amalgamation of ballot papers in single member vacancy vote counts; and 

- transfers the jurisdiction of the Local Government Tribunal to the Northern Territory Civil and Administrative Tribunal. 

NOTES ON CLAUSES 

Part 1 Preliminary matters 

Clause 1 Short title 
This is a formal clause which provides for the citation of the Bill. The Bill, when assented to, will be cited as the Local Government Legislation Amendment Act 2015 (the Amendment Act). 

Clause 2 Commencement 
Clause 2 provides for a staggered commencement of the Amendment Act. 
Clause 2(1) provides that Part 4, Division 3 of the Amendment Act will commence on the day that is fixed by the Administrator by Gazette notice. 
Clause 2(2) provides that the remaining provisions of the Amendment Act will commence upon on the day on which the Administrator’s assent to the Act is declared. 

Part 2 Amendment of Local Government Act 

Clause 3 Act amended 
Clause 3 provides that Part 2 of the Bill amends the Local Government Act. 

Clause 4 Section 3 amended 
Clause 4 amends section 3, which is the general definition section of the Act. 
Clause 4(1) amends section 3 by repealing the definition of “Tribunal”. This is a consequence of the Bill transferring matters under the Act that have been within the jurisdiction of the Local Government Tribunal to the Northern Territory Civil and Administrative Tribunal. 
Section 17 of the Interpretation Act defines “Civil and Administrative Tribunal” to mean the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act. Accordingly, all instances of the word “Tribunal” throughout the Act have been replaced with “Civil and Administrative Tribunal”. 
Clause 4(2) inserts the following definitions, in alphabetical order, into section 3: 
- “decision notice”, which is defined as a written notice setting out the decision and reasons for the decision and any rights of appeal available to the person to whom the notice is to be given. The introduction of “decision notices” provides a consistent and harmonised approach to a number of provisions under the Act which require written notice (and reasons) of a decision to be provided and which give rise to various appeal and review rights; 

- “mandatory postal vote election”, which signposts the meaning given by section 86A(2); 

- “nominal date”, which signposts the meaning given by section 85(2); 

- “public notice”, which signposts the meaning given by section 4A. The introduction of “public notices” provides a consistent and harmonised approach to the provisions under the Act and Regulations which require notice to be given to the general public about a local government election. The notice must be given by publishing the notice in a newspaper generally circulating in a relevant local government area and on the relevant council’s website; and 

- “returning officer”, which, for a by-election, signposts the meaning given by section 86(9) or, for any other election, means the Electoral Commissioner. 

- “reviewable decision”, which signposts the definition at section 227(1). 

Clause 4(3) amends the definition of “general election” by including section 226 as general elections can occur under both sections 84 and 226. 

Clause 5 Section 4A inserted 
Clause 5 inserts new section 4A into the Act to streamline the rules for the publication of public notices in relation to local government elections under the Act and Regulations, apart from section 158. 
New section 4A(1) provides that, if a provision in the Act or Regulations requires public notice to be given about an electoral matter, the returning officer must publish the relevant notice (including any prescribed information) in a newspaper circulating generally throughout the local government area to which the matter or material is relevant. 
The returning officer must also direct the relevant council to make the information available on the council’s website according to the rules regarding information on council websites in sections 200 and 200A of the Act. 
The relevant council must comply with the direction of the returning officer. 
New section 4A(2) provides that notice about a matter may, in addition to the abovementioned methods, also be given or published through other means (for example, by radio or television). 
New section 4A(3) provides that, where a time period after public notice is provided, that period starts on the date the notice is first published under subsection (1). 

Clause 6 Section 39 amended 
Clause 6(1) amends sections 39(4)(a), (b), (c) and (e) by inserting the words “and the council” after “Electoral Commissioner”. The effect of this is to require the CEO of a council to notify the council (in addition to the Electoral Commissioner) of any casual vacancies, which have arisen under sections 49(1)(a), (b), (c), (d) and (f), as soon as practicable after the CEO first becomes aware of the vacancy. This aims to permit the council to commence deliberations regarding their desired returning officer, and voting method (e.g. a mandatory postal vote election), for the ensuing by-election at the earliest practicable time. 
Clause 6(2) amends sections 39(5)(a) and 39(5)(b) by replacing the number “12” with the number “18”. The effect of this is that where a casual vacancy occurs less than 18 months before the next general election, a council may choose to appoint a person to fill the vacancy until the next general election. By-elections must be held to fill vacancies which occur more than 18 months before the next general election. 

Clause 7 Section 40 amended 
Clause 7 amends section 40 by omitting and inserting the words indicated. The effect of this is that the CEO of a council, a returning officer or a local resident may apply to the Civil and Administrative Tribunal to determine the eligibility of a council member or candidate for an election. 
This amendment is a consequence of allowing councils to appoint a person other than the Electoral Commissioner to conduct by-elections and transferring the jurisdiction of the Local Government Tribunal to the new Civil and Administrative Tribunal. 

Clause 8 Section 44 amended 
Clause 8 amends section 44 to harmonise the rules surrounding the election of the principal member for municipal councils with the rules that apply to other councils. All councils will be able to decide whether the principal member is elected or appointed to office. 
Clause 8(1) replaces section 44(1) with a new section 44(1). New section 44(1) provides that the principal member of a council is to be either appointed to office (from amongst elected members) by the council or elected to the office by the electorate.  
Clause 8(2) removes the words “regional council or a shire” from sections 44(2) and 44(3). This removes the distinction between municipal councils and regional and shire councils so that sections 44(2) and 44(3) apply to all councils. 
Clause 8(3) amends section 44(5) by replacing it. The new section 44(5) provides that where a change is made to the basis of filling of the office of principal member, it does not take effect until the next general election. Also, where a council changes the manner in which the principal member assumes office, the number of members of the council is increased by one if the change is from appointment to election. The number of members of the council is reduced by one if the change is from election to appointment. This is necessary as a popularly elected principal membership is always in addition to other ordinary council memberships. An internally appointed principal membership is not an additional membership. 
Clause 8(4) amends section 44(6) by replacing the words indicated. The effect of this is to provide that where a council changes classifications (i.e. municipal, shire or regional) under section 9 of the Act, the basis for filling the office of the principal member remains the same until it is changed by the council. 
Clause 8(5) repeals section 44(7). Section 44(7) is not necessary as there is no longer any reason to provide for rules regarding the filling of the office of the principal member when a shire or regional council is reclassified as a municipal council. This is now covered by section 44(6). 

Clause 9 Section 46 amended 
Clause 9 amends the note heading and the note the note to section 46. The note is amended by changing the words “12 months” to “18 months”. This is a consequence of the extension to the period in which casual vacancies can be filled by appointment, rather than a by-election, from 12 months to 18 months before a general election. 

Clause 10 Section 74 amended 
Clause 10 amends section 74 so that the jurisdiction to declare a decision of a council, local authority, local board or council committee void, where it is vitiated by conflict of interest pursuant to section 74(6), rests with the Civil and Administrative Tribunal. 
Clause 10(1) replaces the reference to the Local Government Tribunal with a reference to the Civil and Administrative Tribunal in section 74(6) so that applications must be made to the Civil and Administrative Tribunal. 

Clause 11 Section 81 amended 
Clause 11 amends section 81(4A) by replacing the words indicated. The effect of this is that a disciplinary committee must give a “decision notice” to the parties in disciplinary committee proceedings when it makes a decision under subsections (3) or (4). 

Clause 12 Section 82 replaced 
Clause 12 replaces section 82 so that jurisdiction to review a decision of a disciplinary committee made under section 81 rests with the Civil and Administrative Tribunal. 
New section 82(1) provides that a person who receives a decision notice under section 81(4A) may apply to the Civil and Administrative Tribunal for a review of the decision. 

Clause 13 Section 85 amended 
Clause 13(1) replaces sections 85(1) and 85(2) to change the schedule for local government periodic general elections. 
New section 85(1) provides that the date on which the next periodic general elections are scheduled to be held will be the 4th Saturday in August in 2017 and fixes the date for subsequent periodic general elections to be the 4th Saturday in August in the 4th year after the most recent periodic general election was held. 
New section 85(2) allows the Electoral Commissioner to change the date of a local government periodic general election, by Gazette notice, if an election for the Northern Territory Legislative Assembly or a Commonwealth election is to fall on the same date as the local government election. 
New section 85(2A) provides that, where the Electoral Commissioner changes the date of a periodic general election under section 85(2), the new date for the election must be within 2 months (either before or after) the original election date. 
Clause 13(2) amends section 85(3) by omitting the word “fixed”. This is a consequence of new sections 85(1) to 85(2A) which no longer provide for the “fixing” of a date for local government periodic general elections due to the date being clearly identifiable as the 4th Saturday in August. 

Clause 14 Section 86 amended 
Clause 14 amends section 86 to provide councils with the flexibility to appoint a person other than the Electoral Commissioner to be the returning officer for a by-election. The default position is that the Electoral Commissioner is the returning officer for a by-election. 
Clause 14(1) amends section 86(1) by replacing it with a new section 86(1). It provides that the section applies if a by-election must be held under section 39(5)(b). 
Clause 14(2) replaces sections 86(3) to 86(5) with new sections 86(3) to 86(9). 
New section 86(3) provides that a by-election is to be held on a date fixed by the returning officer. 
New section 86(4) provides that the date of the by-election must fall within 4 months after the Electoral Commissioner is notified of the casual vacancy under section 39(4). This has extended the current period by 1 month so as to provide councils with time to negotiate with electoral service providers and the Electoral Commissioner before deciding who to appoint as returning officer. 
New section 86(5) provides that, if the Electoral Commissioner is the returning officer for a by-election, the by-election is to be administered and conducted as decided by the Electoral Commissioner. A note is included explaining that by-elections conducted by an appointed returning officer, other than the Electoral Commissioner, must be conducted in accordance with the Regulations. 
New section 86(6) sets out the requirements that must be satisfied for councils to appoint the CEO of the council or a person who is not the Electoral Commissioner to be the returning officer for a by-election. The appointment must be made not later than 2 months after the Electoral Commissioner is notified of the casual vacancy under section 39(4). The appointment is effected by the council passing a resolution appointing the person as returning officer and entering into a contract with the person (if the person is not the CEO of the council) for the provision of electoral services. 
Both requirements must be satisfied within the time limit of two months for an appointment to be valid. Where a council fails to satisfy both requirements, the Electoral Commissioner automatically becomes the returning officer for the by-election. 
New section 86(7) requires a council to notify the Electoral Commissioner of the identity of the returning officer for a by-election if a person is appointed under subsection (6). Notification must be given as soon as practicable, but not later than 5 days, after the appointment is made. 
New section 86(8) provides that a failure to notify the Electoral Commissioner does not invalidate the appointment. 
New section 86(9) defines “returning officer” for a by-election, for the purposes of section 86, as the person appointed under subsection (6) or, if no appointment is made, the Electoral Commissioner. 

Clause 15 Section 86A inserted 
Clause 15 inserts new section 86A to permit municipal councils to conduct by-elections by way of postal voting only. 
New section 86A(1) defines a “mandatory postal vote election” as a by-election for which the only way to vote is by postal vote. It also applies section 86A if a municipal council decides that a by-election is a mandatory postal vote election. 
New section 86A(2) sets out the requirements that must be satisfied for a municipal council to decide that a by-election is a mandatory postal vote election. The council must pass a resolution to this effect within 2 months after it is notified of the casual vacancy under section 39(4). 
New section 86A(3) requires a municipal council to notify the returning officer and Electoral Commissioner (if not the returning officer) that it has passed a resolution declaring a by-election to be a mandatory postal vote election under subsection (2). Notification must be given as soon as practicable, but not later than 5 days, after the resolution is passed. 
New section 86A(4) provides that a failure to notify the returning officer or Electoral Commissioner does not invalidate the resolution. 

Clause 16 Section 88 amended 
Clause 16 inserts new section 88(5A) after section 88(5). New section 88(5A) requires the Electoral Commissioner to provide a copy of the electoral roll to the returning officer. This would occur where a council has appointed a person other than the Electoral Commissioner to be the returning officer for a by-election. 
The Electoral Commissioner must provide the returning officer with the electoral roll as soon as practicable after the roll closes. 

Clause 17 Section 88A inserted 
Clause 17 inserts new section 88A. New section 88A(1) provides that a returning officer for a by-election commits an offence if they use information from the copy of the roll given to them under section 88(5A) for something other than a proper purpose connected with the by-election. The maximum penalty is 80 penalty units. 
New section 88A(2) applies to a person who is not the returning officer for a by-election. If such a person uses information, from the copy of the roll given to the returning officer under section 88(5A), for something other than a proper purpose connected with the by-election, they commit an offence. The maximum penalty is 50 penalty units. 

Clause 18 Section 89 amended 
Clause 18 amends section 89(1) by omitting and substituting the words indicated. This makes section 89(1) subject to new section 86(5) of the Act. This has the effect of ensuring that returning officers who are not the Electoral Commissioner must conduct by-elections strictly in accordance with the Regulations. The Electoral Commissioner, however, has flexibility to conduct by-elections for which he or she is the returning officer as he or she decides. 

Clause 19 Section 90 amended 
Clause 19 amends section 90(2) by inserting the words indicated. This results in the provision, which sets out the manner in which voters may cast their vote, being subject to whether or not a council has passed a resolution that a by-election is a mandatory postal vote election under section 86A. 

Clause 20 Section 91 amended 
Clause 20(1) is a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. The clause amends section 91(1) by replacing the words “Electoral Commissioner” with “returning officer”. This gives the right to dispute the results of an election to the “returning officer”, who may be the Electoral Commissioner or another person appointed by a council. 
Clause 20(2) amends section 91(1) by inserting the words indicated. This provides jurisdiction to hear an application disputing the results of an election to the Civil and Administrative Tribunal. 

Clause 21 Section 92 amended 
Clause 21(1) amends section 92(1)(a) by omitting and inserting the words indicated. The effect is to require a person disputing the result of an election to serve the application on the returning officer for the election. This amendment is a consequence of councils being able to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 
Clause 21(2) inserts the words “Civil and Administrative” into sections 92(1)(c) and 92(3). These insertions are consequences of the transfer of jurisdiction to hear applications disputing the results of an election to the Civil and Administrative Tribunal. 
Section 92(1)(c) now requires a person disputing the result of an election to serve the application on any person the Civil and Administrative Tribunal directs service. 
Section 92(3) now allows a respondent to reply to an application within 7 days of service or a longer period allowed by the Civil and Administrative Tribunal. 

Clause 22 Section 93 repealed 
Clause 22 repeals section 93. This is a consequence of the transfer of jurisdiction to hear applications disputing the results of an election to the Civil and Administrative Tribunal. 

Clause 23 Section 94 amended 
Clause 23(1) amends the heading of section 94 by replacing the word “Tribunal” with “Civil and Administrative Tribunal”. 
Clause 23(2) amends section 94 by replacing all references to the “Tribunal” with references to the “Civil and Administrative Tribunal” in sections 94(1) to 94(3). This is a consequence of the transfer of jurisdiction to hear applications disputing the results of an election to the Civil and Administrative Tribunal. 
Clause 23(3) inserts new section 93(4) which provides that the Civil and Administrative Tribunal cannot enquire into the correctness of an electoral roll. Previously, this had been covered in the section 93, which is now repealed. 

Clause 24 Section 99 amended 
Clause 24 amends section 99 as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 
Clauses 24(1) and 24(2) amend sections 99(5) and 99(6) by replacing all references to the “Electoral Commissioner” with references to the “returning officer for an election” or “returning officer”. 
Clause 24(3) amends section 99(6)(d) by replacing the reference to the “Commissioner” with a reference to the “returning officer”. 

Clause 25 Section 200 amended 
Clause 25 amends section 200 by inserting new paragraphs (r) to (u) setting out additional electoral material that must be available on a council’s website and at the council’s public office. 
New section 200(r) refers to the invitation notice for the nominations of candidates for an election. New section 200(s) refers to the declaration of the names of the duly nominated candidates. New section 200(t) refers to any public notice of early voting centres, absentee voting centres, mobile polling places and other polling places for an election. New section 200(u) refers to a declaration of the results of an election. 

Clause 26 Section 200A amended 
Clause 26(1) amends section 200A(1) by omitting and inserting the words indicated. This has the effect of relating it to “the availability” of material on a council’s website generally rather than prescribing the time when material “need not be available” on a council’s website. This amendment is a consequence of the insertion of new paragraphs (o) and (p) which, in addition to prescribing the time after which information “need not be available”, prescribe when councils “must remove” certain information. 
Clauses 26(2) and 26(3) amend section 200A(1) by omitting and inserting the punctuation and words indicated. The effect of this is to prescribe the time periods for which the electoral material introduced by new sections 200(r) to 200(u) must remain on a council’s website by inserting additional paragraphs after section 200A(1)(n). 
New section 200A(1)(o) provides that if the material is mentioned in sections 200(r) or 200(u), the council must keep that material on its website until at least 6 months before the next periodic general election. However, the council must remove that material from its website if directed to by a “relevant returning officer” (which is defined in new section 200A(3)). 
New section 200A(2)(p) provides that if the material is mentioned in sections 200(s) or 200(t), the council must keep that material on its website at least until the day on which the results of the election are declared. However, the council must remove that material from its website if so directed by a “relevant returning officer” (which is defined in new section 200A(3)). 
Clause 26(4) inserts new section 200A(3) which defines the “relevant returning officer” as the returning officer for an election which is subsequent to the election to which the material relates (but before the next periodic general election). The election in question must be for the same ward or local government area as the previous election.  

Clause 27 Section 213 amended 
Clause 27 replaces sections 213(2) to 213(4) with new sections 213(2) and 213(3) to incorporate “decision notices” into decisions made under this section and to transfer the jurisdiction of the Local Government Tribunal to hear applications for a review of a council’s decision to impose a surcharge to the Civil and Administrative Tribunal. 
New section 213(2) requires councils which decide to impose a surcharge to do so by giving the person a “decision notice”. 
New section 213(3) provides a person to whom a decision notice has been given (under section 213(2)) with the right to apply to the Civil and Administrative Tribunal for a review of the decision. 

Clause 28 Section 226 amended 
This clause replaces section 226(1) with new 226(1). Section 226(1) provides that where members of a council have been dismissed under this part, the Minister must fix a date for a general election. This applies only if a periodic general election is not to be held within one year after the dismissal. The general meaning of the previous 226(1) has not been changed except that the fresh election is a general election, rather than a by-election. 

Clause 29 Section 230 amended 
Clause 29 replaces section 230(3) with a new section 230(3). This section will require the CEO of a council to give a “decision notice” to the applicant as soon as practicable when a council makes a final decision. This refers to a decision regarding an application for a review of a reviewable decision made under section 228(1). 

Clause 30 Section 231 replaced 
Clause 30 replaces section 231 to transfer the jurisdiction of the Local Government Tribunal to review a council’s final decision (under section 230(3)) to the Civil and Administrative Tribunal. New section 231provides that a person who has been given a decision notice (under section 230)(3)) has the right to apply to the Civil and Administrative Tribunal for a review of the decision. 

Clause 31 Chapter 18, Part 18.2, Divisions 1 and 2 replaced 
Clause 31 replaces Part 18.2 in Chapter 18 of the Act. Part 18.2 provided the rules for the constitution, operation and administration of the Local Government Tribunal. 
These rules will not be required after the jurisdiction of the Local Government Tribunal is transferred to the Civil and Administrative Tribunal. 
Part 18.2 is replaced by a new Part 18.2 titled “Review of decisions”. New sections 232 and 233 are inserted into this Part. 
New section 232 explains that the Civil and Administrative Tribunal has the jurisdiction to deal with matters as provided in the Act.  

The note to section 232 is also amended to reflect the transfer of jurisdiction to the Civil and Administrative Tribunal. This note lists the matters for which the Civil and Administrative Tribunal has jurisdiction. 
New section 233(1) provides that an application for review to the Civil and Administrative Tribunal does not suspend the operation of the order. However, new section 233(2) provides that the Civil and Administrative Tribunal may suspend an obligation arising from a decision or order being reviewed. Further, the Civil and Administrative Tribunal may prohibit action under the decision or order being reviewed, until the Tribunal makes its decision. 
New section 233(3) provides that section 44(2) of the Northern Territory Civil and Administrative Tribunal Act does not apply to a review of a decision or order under this Act. 

Clause 32 Chapter 20, Part 20.6 inserted 
Clause 32 inserts new Chapter 20, Part 20.6 into the Act to provide for transitional matters arising from the transfer of the jurisdiction of the Local Government Tribunal to hear matters under the Act to the Civil and Administrative Tribunal. 
New section 279 defines, for the purposes of new Part 20.6: 
- “amending Act” as the Local Government Legislation Amendment Act 2015; 

- “commencement” as the commencement of the amending Act; 

- “LGT” as the Local Government Tribunal; and 

- “proceeding” as a proceeding, jurisdiction for which is conferred on the Civil and Administrative Tribunal under the Act. 

New section 280(1) applies the section if an application to the Local Government Tribunal has been made, but not determined, before the commencement of the Act. 
New section 280(2) provides that the Local Government Tribunal must continue to consider and determine an application on the basis that the amendments in the Amendment Act had not been made. 
New section 280(3) deems any determination of a Local Government Tribunal made in accordance with new section 280 to be a decision of the Civil and Administrative Tribunal. This confers the same rights of appeal on the parties to the proceedings as would be conferred on parties to proceedings under the Northern Territory Civil and Administrative Tribunal Act. 

Part 3 Amendment of Local Government (Electoral) Regulations 

Clause 33 Regulations amended  
Clause 33 provides that Part 3 of the Bill amends the Local Government (Electoral) Regulations. 

Clause 34 Regulation 3 amended 
Clause 34 amends the definition provision, regulation 3, of the Regulations. 
Clause 34(1) omits from regulation 3 the following definitions (some of which are replaced by a new definition inserted by clause 36(2)): “candidate square”, “council area”, “declaration ballot paper”, “early voting centre”, “early voting period”, “Electoral Commission”, “Electoral Commissioner”, “fail”, “nomination day”, “polling hours”, “polling place” and “scrutiny centre”. 
Clause 34(2) inserts into regulation 3 (in alphabetical order) the definitions of “absentee voting centre”, “candidate square”, “candidate statement”, “declaration ballot paper”, “electorate”, “indication of preferences”, “nomination day”, “polling period”, “polling place”, “postal ballot paper”, “postal vote certificate”, “postal voting papers”, “replacement postal voting papers” and “scrutiny centre”. 

Clause 35 Regulation 3A inserted 
Clause 35 inserts new regulation 3A into the Regulations. This regulation concerns the polling period. The polling period for an election is the period for voting. 
If the Electoral Commissioner is the returning officer for a by-election, the polling period is as fixed by the Electoral Commissioner. 
If the returning officer is not the Electoral Commissioner, the period for voting is one or more hours on one or more days, fixed by the returning officer as the polling period for an early voting centre. However, this part of the voting period must end by 6pm on the day before polling day. 
The voting period for general elections and by-elections is also 8am to 6pm on polling day (except for a mobile polling place). For a mobile polling place the voting period is also the dates and hours of polling specified in a declaration under regulation 32, including as changed under regulation 33. 

Clause 36 Regulation 4 amended 
Clause 36 replaces regulation 4(1)(a) and 4(1)(b). This is a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 
New regulation 4(1)(a) provides that the returning officer is an authorised officer in relation to the election for which he or she is the returning officer. 
New regulation 4(1)(b) provides that a person is an authorised officer if authorised in writing by the returning officer to exercise powers and functions under the Regulations in relation to the election. 

Clause 37 Regulation 6 replaced 
Clause 37 replaces regulation 6. New regulation 6 to covers rules in relation to inviting nominations of candidates. It sets out the time by which nominations of candidates must be invited by the returning officer according to the type of election and identity of the returning officer. 
For a general election, the returning officer (who must always be the Electoral Commissioner) must make the invitation at least 43 days before polling day. For a by-election where a council has appointed a person other than the Electoral Commissioner as the returning officer, invitations must be made at least 43 days before polling day. For a by-election where the Electoral Commissioner is the returning officer, the Commissioner’s broad discretion as to when nominations must be invited, continues under new regulation 6(1)(b)(i). 
New regulation 6(2) requires the invitation to be made by “public notice” and stipulates information to be included as part of the notice. The information required is the date of the election, the contact details of the returning officer, nomination day and the time by which nominations must be lodged under regulation 8(1) (i.e. 12 noon) and 
the date and time the electoral roll will close. 
New regulation 6(3) requires further information to be included in the notice if a municipal council has decided that the election is a mandatory postal vote election under section 86A of the Act. The additional information required is the date of the resolution of the council to hold a mandatory postal vote election, the approximate date on which postal voting papers will be sent out, an explanation of the procedures for postal voting and any other information the returning officer considers appropriate. 

Clause 38 Regulation 7 amended 
Clause 38 amends regulation 7, by replacing the references to “council area” with a reference to “local government area”. The definition of “local government area” was inserted as a general definition into section 17 of the Interpretation Act by the Local Government Amendment Act 2013, to ensure consistent language is used across all Northern Territory legislation. 

Clause 39 Regulation 8 amended 
Clause 39(1) amends regulation 8 to replace all references to the “Electoral Commissioner” with references to the “returning officer” in regulations 8(1),(2) and 3(a) and (b). 
Clause 39(2) repeals regulations 8(5) and 8(5) as these regulations are no longer necessary. 

Clause 40 Regulation 10 amended 
Clause 40 amends regulation 10 as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 40(1) amends regulations 10(1), (2), (3), (4) and (5)(b) by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”. 
Clause 40(2) inserts new regulation 10(1A) to require the returning officer to give public notice of the declaration of the nominated candidates under regulation 10(1). 
Clause 40(3) amends regulation 10(2A)(b) by inserting the words “is the returning officer and” after “Electoral Commissioner”. This has the effect of limiting the exercise of the power to accept contrary evidence to a candidate’s eligibility to stand in an election to the Electoral Commissioner only. 
Where a council appoints a returning officer other than the Electoral Commissioner for a by-election, the returning officer is required to rely only on a candidate’s declaration of eligibility accompanying the nomination when deciding the candidate’s eligibility. 
Clause 40(4) inserts a new regulation 10(4A) after regulation 10(4). New regulation 10(4A) provides that the returning officer must give public notice of the declaration of nominees as soon as possible. 

Clause 41 Regulations 10A and 10B inserted 
This clause inserts new regulations 10A and 10B after regulation 10. 
New regulation 10A is concerned with candidate statements which may be lodged in a mandatory postal election. 
New regulation 10A(1) requires that if a candidate in a mandatory postal election wishes to lodge a candidate statement, the statement must comply with the requirements set out in this regulation. 
New regulation 10A(2) provides that a candidate statement must only include a statement of 150 words or less and a photograph of the candidate which complies with the rules for photographs of candidates under section 32(1)(f) of the Electoral Act. It may not include anything else. 
New regulation 10A(3) provides that a candidate statement must not refer to another candidate or claim endorsement from a party, organisation or person without consent from either the candidate or the party, organisation or person. 
New regulation 10A(4) provides that a candidate statement must be lodged before 12 noon on the second day after “determination day” (which is defined in new regulation 10A(11)) and must be accompanied by a signed declaration of the matters set out in subregulation (5). Where applicable, it must also be accompanied by the written authorisation of the candidate that the person lodging the statement is authorised to do. 
New regulation 10A(5) requires the candidate to declare that the statement is true and correct, is not defamatory, does not contain misleading or deceptive material and that the candidate understands that he or she is liable to prosecution if the statement contains a defamatory statement or misleading or deceptive material.

New regulation 10A(6) provides that only the candidate, or a person authorised by the candidate in writing to do so, may lodge a candidate statement. Further, the relevant documents must be both hand delivered to an authorised officer at a place approved by the returning officer and provided by electronic means approved by the returning officer. 
New regulation 10A(7) requires the returning officer to reject a candidate statement which does not meet the requirements of subregulations (2) or (3) or which contain offensive or obscene material. 
New regulation 10A(8) permits the returning officer to reject a candidate statement if he or she is of the opinion that the statement may not meet the requirements of the Regulations. 
New regulation 10A(9) requires a returning officer who rejects a candidate statement to do so in writing before 12 noon on the third day after determination day and to provide a statement to the candidate. The statement must set out the reasons for the rejection, identify which part of the candidate statement requires amendment and notify the candidate that he or she may lodge an amended statement before 12 noon on the fourth day after determination day. 
New regulation 10A(10) provides that if the returning officer rejects an initial candidate statement, a candidate (or authorised person) may lodge an amended candidate statement before 12 noon on the fourth day after determination day. The rules for candidate statements apply to amended candidate statements except that if the amended candidate statement is rejected, a further candidate statement or amendment is not allowed. 
New regulation 10A(11) defines “determination day” to mean the day on which a returning officer determines the order of the candidates’ names on the ballot paper for the election under regulation 10(1). 
New regulation 10B is concerned with indications of preferences. 
New regulation 10B(1) provides that if a candidate in a mandatory postal election wishes to lodge an indication of preferences, it must to comply with this regulation. 
New regulation 10B(2) provides that an indication of preferences must be substantially in the form of a ballot paper and contain the names of each candidate for the election in the same order as determined by the returning officer under regulation 10(1). It must also contain candidate squares. These squares must be marked with a number one against the first preference of the candidate and each other square must be marked with a number staring at two, and consecutively increasing. 
New regulation 10B(3) provides that an indication of preferences must be lodged before 12 noon on the second day after “determination day” (which is defined in new regulation 10A(11)). Where applicable, the indication of preferences must be accompanied by a written authorisation that the person lodging the indication of preferences is authorised to do so by the candidate. 
New regulation 10B(4) provides that only the candidate, or a person authorised by the candidate in writing, may lodge an indication of preferences. The relevant documents must be both hand delivered to an authorised officer at a place approved by the returning officer and provided by electronic means approved by the returning officer. 
New regulation 10B(5) permits the returning officer to reject an indication of preferences if he or she is of the opinion that it may not be compliant with the Regulations. 
New regulation 10B(6) requires a returning officer who rejects a candidate statement to do so in writing before 12 noon on the third day after determination day and the reject must state certain things. It must set out the reasons for the rejection, identify which part of the indication of preferences requires amendment and notify the candidate that he or she may lodge an amended indication of preferences before 12 noon on the fourth day after determination day. 
New regulation 10B(7) provides that if the returning officer rejects an indication of preferences, a candidate (or authorised person) may lodge an amended indication of preferences before 12 noon on the fourth day after determination day. The rules for indication of preferences apply to an amended indication of preferences. 
New regulation 8B(8) signposts the definition of “determination day” in regulation 10A(11). 

Clause 42 Regulation 11 replaced 
Clause 42 replaces regulation 11 with a new regulation. 
New regulation 11 specifies when the electoral roll for a by-election closes. For a general election, the roll closes at 5 pm on the 32nd day before polling day. 
For a by-election, if the Electoral Commissioner is not the returning officer, the roll closes at 5 pm on the 32nd day before polling day. 
If the Electoral Commissioner is the returning officer for a by-election, the roll closes on the day decided by the Commissioner. 

Clause 43 Regulation 12 amended 
Clause 43 amends the note to regulation 12(3), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”. This is a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 44 Regulation 13 amended 
Clause 44 amends regulation 13, by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”. This is a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election.  

Clause 45 Regulation 14 amended 
Clause 45 amends regulation 14 as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. It also retargets absentee voting services to designated polling places on polling day. 
Clause 45(1) amends regulations 14(1) and 14(3) by replacing the reference to the “Electoral Commissioner”” with a reference to the “returning officer”. 
Clause 45(2) inserts new regulation 14(1)(ba) which provides that the returning officer may specify a polling place to be an absentee voting centre. An absentee voting centre is a place where absentee votes may be cast under Part 3, Division 3 of the Regulations. 
Clause 45(3) amends regulation 14(2) to reflect the replacement of the expression “polling hours” with the new term “polling period” throughout the Regulations. 
Clause 45(4) amends regulation 14(4) so by replacing it. New regulation 14(4) provides that give public notice must be given of the particulars of polling places for an election. These particulars are the location and polling period for early voting centres, absentee voting centres, mobile polling places and for polling places on polling day. 

Clause 46 Regulation 15 amended 
Clause 46 amends regulation 15(2)(a), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 47 Regulation 17 amended 
Clause 47 amends regulation 17, by replacing all references to “council area” with references to “local government area”. “Local government area” was inserted as a general definition into section 17 of the Interpretation Act by the Local Government Amendment Act 2013, to ensure consistent language is used across all Northern Territory legislation. 

Clause 48 Regulation 20 amended 
Clause 48 amends regulation 20(1) to reflect the replacement of the expression “polling hours” with the new term “polling period” throughout the Regulations. 

Clause 49 Regulation 22 replaced 
Clause 49 is about declaration voting and amends regulation 22 to by replacing it with a new regulation 22. The new regulation provides that a person who wishes to vote at an early polling centre may do so. Also, a person who is outside the local government area on polling day may vote at an absentee voting centre.  
A person who claims they are entitled to vote but whose name is not on the roll may vote under this division (Division 3 Declaration voting). Further, A person who claims they are entitled to vote although their name has been marked as if they have already voted, may vote under this Division. 

Clause 50 Regulation 23 amended 
Clause 50(1) amends regulation 23(1) to reflect the replacement of the expression “polling hours” with the new term “polling period” throughout the Regulations and to remedy a historical anomaly within the Regulations regarding the definition of the term “declaration ballot paper” in regulation 3. 
Clauses 50(2) and 50(3) amend regulations 23(2)(a) and 23(2)(b) to clarify that ballot papers issued under the declaration voting provisions in the Regulations are “declaration ballot papers”. 

Clause 51 Regulation 24 amended 
Clause 51(1) amends regulations 24(1A) and 24(1B) to clarify that ballot papers issued under the declaration voting provisions in the Regulations are “declaration ballot papers”. 
Clause 51(2) amends regulation 24(1B)(b)(i) to remedy a historical anomaly within the provisions dealing with persons who wish to cast an absentee vote (which is a form of declaration vote). The regulation is amended to reflect the current practice of absentee voters making an oral declaration to an authorised officer (as opposed to a written declaration on an envelope) and then proceeding to mark a declaration ballot paper and give the ballot paper to an authorised officer who places the ballot paper in an envelope and seals the envelope. 
Clause 51(3) amends regulation 24(2) to clarify that ballot papers issued under the declaration voting provisions in the Regulations are “declaration ballot papers”. 

Clause 52 Regulations 25 and 26 replaced 
Clause 52 repeals regulations 25 and 26 and replaces them with a new regulation 26. 
Regulation 25 previously set out the criteria voters must satisfy to be eligible to cast an early or postal vote. This effectively expands the availability of postal voting services to all voters who apply for postal voting papers under regulation 26. 
New regulation 26 includes provision for by-elections where the relevant municipal council has decided to conduct a mandatory postal vote election under section 86A of the Act. 
New regulation 26(1)(a) preserves the existing time after which electors may apply for postal voting papers in a general election, namely, 3 months before the election is to be held. 
New regulation 26(1)(b) changes the time after which electors may apply for postal voting papers in a by-election which is not a mandatory postal vote election. The new time is after the invitation for nominations has been made by the returning officer under regulation 6. This corresponds to the date on which the returning officer notifies the public of his or her identity and contact details. This change is due to voters not being able to apply for postal voting papers until the returning officer is identifiable and contactable. 
New regulation 26(2) allows a person who claims to be entitled to vote in a mandatory postal vote election but whose name is not on the electoral roll to apply to the returning officer to cast a declaration vote. 
The application must be in an approved form and must be made after the electorlal roll closes but before polling day for the election. 
New regulation 26(3)(a) continues to deem a person registered as a postal voter under the Electoral Act to have made an application. Such a person is subject to the same rules as applicants for postal voting papers. 
Where a municipal council has decided that a by-election is a mandatory postal vote election under section 86A of the Act, new regulation 26(3)(b) deems every person on the electoral roll to have made an application for postal voting papers. 

Clause 53 Regulation 27 amended 
Clause 53 amends regulation 27 to include the process for issuing postal voting papers for a mandatory postal vote election. 
Clause 53(1) replaces regulations 27(1) and 27(2) with new regulations 27(1) to 27(2A). 
New regulation 27(1) provides that authorised officers must issue (directly in person) or issue and send (by post) postal voting papers in accordance with the rules under subregulation (1A). The rules concerning postal voting papers are dependent on the type of election and whether the voter has applied for the papers in person or otherwise. 
New regulation 27(1A)(a) requires the authorised officer to issue postal voting papers directly to a person who applies in person for postal voting papers in a mandatory postal vote election in particular circumstances. The circumstances are if the application is made after the day mentioned in sub regulation (2A) (15 days before polling day) and the applicant applies in person under regulation 26(2) or 27A. New regulation 27(1A)(b) requires an authorised officer to issue postal voting papers and send them (by post) to all other applicants. This means other applicants who have applied, or who are taken to have applied, under regulation 26 or 27A. 
New regulation 27(1B) provides that an authorised officer may also issue postal voting papers directly to an applicant if the application is made under regulation 26(2) or 27A, but before the day mentioned in sub regulation (2A) and the papers are available. 
New regulation 27(1C) provides that postal vote certificates printed on envelopes which form part of the package of documents sent to postal voters under regulation 27(1A) or (1B) must contain, the person’s name, a space for the signature of the person, spaces for the name and signature of a witness, a space for inserting the date and time when the witness signs the certificate and a space for inserting the date on which the envelope is received by the authorised officer after the vote has been cast and returned. 
In addition, if the person casting a postal vote applied for postal voting papers pursuant to regulation 26(2) or replacement postal voting papers under regulation 27A, the postal vote certificate should also contain a space for inserting the person’s address, a space for inserting the person’s date of birth and a space for inserting the basis on which the person claims to be entitled to vote. 
New regulation 27(2) provides that postal voting papers must be forwarded to voters as soon as practicable after the order of candidates on the ballot paper is determined. However, if there is an application for postal voting papers, the papers must be forwarded to the applicant as soon as practicable after the receipt of the application. 
New regulation 27(2A) provides that in a mandatory postal vote election, postal voting papers must be sent not later than 15 days before polling day, unless they are being sent to an applicant under regulations 26(2) or 27A. 
Clause 53(2) amends regulation 27(3) to clarify that the subregulation only applies to applications for postal voting papers which were not made in person. 
Clause 53(3) inserts new subregulations (5) into regulation 27. New regulation 27(5) requires an authorised officer to issue postal voting papers to a person who applies for them in person under regulations 26(2) or 27A before 6 pm on polling day. Applications made after 6 pm on polling day will not be allowed. 

Clause 54 Regulation 27A inserted 
Clause 54 inserts new regulation 27A. 
New regulation 27A(1) allows people who claim to be entitled to vote in a mandatory postal vote election to apply for replacement postal voting papers in the approved form. 
Under new regulation 27A(1), a person may claim that they have not received postal voting papers and that their address stated in the application is not the address previously associated with them on the electoral roll or an application under regulation 26(2) but is an address within the area of the mandatory postal vote election. 
Secondly, they may claim that they are a person who is entitled to vote in the mandatory postal election but they have not received the postal voting papers sent by the returning officer. Thirdly, they may claim that they are a person who is entitled to vote in the mandatory postal election and received postal voting papers, but the papers have been lost, damaged or destroyed. 
Regulation 27A(2) provides for elections which are not mandatory postal elections. People who claim to be entitled to vote in such an election may apply for replacement postal voting papers in the approved form. This applies in a situation where postal  voting papers have been issued, or issued and sent, but the papers have been lost, damaged or destroyed. 
New regulation 27A(3) provides that, if a person applies for replacement postal voting papers, an authorised officer must mark the postal vote certificate to indicate that the postal voting papers have been issued in replacement of the original postal voting papers. The authorised officer must also issue (or issue and send) the replacement postal voting papers to the applicant. The replacement postal voting papers are to be treated and the Regulations applied, as though they are the postal voting papers which are being replaced. 

Clause 55 Regulation 28 amended 
Clause 55 amends regulation 28 to describe the procedure that must be followed by returning officers when issuing postal voting papers in a mandatory postal vote election. 
Clause 55(1) amends the heading of regulation 28 to “Records of applications for and issue of postal voting papers”. 
Clause 55(2) replaces regulation 28(a). New regulation 28(a) applies to the issue of postal voting papers for ordinary (not a mandatory postal election) polling elections and inserts new regulation 28(aa) which applies to the issue of postal voting papers for mandatory postal vote elections. 
New regulation 28(aa)(i) provides that an authorised officer issuing postal voting papers for a mandatory postal vote election must initial the ballot paper issued by the officer. 
New regulation 28(aa)(ii) provides additional requirements for postal voting papers issued to a person under regulation 26(3)(b), or replacement postal voting papers issued to a person under regulation 27A. The authorised officer must also number each postal vote certificate issued by the officer with the number corresponding to the elector on the electoral roll and record the issue of the postal voting papers, or replacement voting papers, to the person on the Electoral roll. 

Clause 56 Regulation 29 amended 
Clause 56 amends regulation 29, by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 57 Regulation 30 amended 
Clause 57 amends regulation 30(8), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 58 Regulation 32 amended 
Clause 58(1) amends regulation 32(1), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. Furthermore, the amendment to regulation 32(1) also clarifies that the returning officer may only declare mobile polling places for elections that are not mandatory postal vote elections. 
Clause 58(2) amends regulations 32(3) and 32(5), by replacing the references to the “Electoral Commissioner” with references to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 59 Regulation 33 amended 
Clause 59 amends regulations 33(1) and 33(2), by replacing the references to the “Electoral Commissioner” with references to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 60 Regulation 37 replaced 
Clause 60 replaces regulation 37. New regulation 37 provides that, on polling day, the poll must open at the start of the polling period for that day. It must close at the end of the polling period, when all electors who are in the polling place desiring to vote at that time, have voted. 
The polling place must close at the end of the polling period and no more people are to be admitted for voting. 

Clause 61 Regulation 41 amended 
Clause 61 amends regulation 41(2), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer for the election”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 62 Regulation 42 amended 
Clause 62 replaces Regulations 42(2). New regulation 42(2) provides that if the authorised officer is not the returning officer, they must notify the returning officer immediately if there is an adjournment under regulation 42(1). This would be an adjournment because of riot, violence, fire, storm, flood or another similar event. 
This clause also amends regulation 44(3) to 44(5), by replacing all references to the “Electoral Commissioner” with references to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 63 Regulation 44 amended 
Clause 63 amends regulations 44(2) and 44(3), by replacing the references to the “Electoral Commissioner” with references to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 64 Regulation 45 amended 
Clause 64 amends regulation 45(1)(a)(i), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 65 Regulation 46 amended 
Clause 65(1) amends regulation 46(1) to change the time by which postal votes must be received from 6 pm on the 6th day after polling day to 12 noon on the 6th day after polling day and to replace the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 
Clause 65(2) replaces regulation 46(2) with a new regulation. New regulation 46(2) provides that a declaration ballot paper must not be accepted for scrutiny in particular circumstances if it is not in a sealed envelope. The particular circumstances cover where the declaration ballot paper was issued under regulation 27 after an application made under regulation 26(2). The particular circumstances also cover where the declaration ballot paper was issued under regulation 23 and cast under regulation 24(1B) or 24(2). 
New regulation 46(2) goes on to provide that a declaration ballot paper must not be accepted for scrutiny in particular circumstances if the elector's declaration on the envelope is not signed and witnessed as required under these regulations. The particular circumstances cover declaration ballot papers issued under regulation 27 after an application made under regulation 26(2). The particular circumstances also cover declaration ballot papers issued under regulation 23 and cast under regulation 24(2). 

Clause 66 Regulation 47 amended 
Clause 66 amends regulation 47 to clarify that the officer referred to in regulation 47 is an “authorised officer”. 

Clause 67 Regulation 49 amended 
Clause 67(1) amends regulation 49(1) by omitting and replacing the words indicated. Regulation 49(1) provides that an authorised officer must examine each unopened envelope containing a declaration ballot paper issued or given to a person under regulation 23 or under regulation 27 after an application made under regulation 26(2). This regulation ensures proper scrutiny of declaration votes. 
Clause 67(2) amends regulation 49(2) by replacing the references to “council area” with references to “local government area”, which was inserted as a general definition into section 17 of the Interpretation Act by the Local Government Amendment Act 2013, to ensure consistent language is used across all Northern Territory legislation. 
Clause 67(3) amends regulation 49(3), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 68 Regulation 51 amended 
Clause 68(1) amends regulation 51(2)(b) as a consequence of changing the time by which postal votes must be received from 6 pm on the 6th day after polling day to 12 noon on the 6th day after polling day. Under amended regulation 51(2)(b), if postal voting papers were received after this time, the authorised officer must reject postal voting papers. 
Clause 68(2) amends regulation 51(3) to clarify that subregulation (3) only applies to authorised officers examining postal voting papers returned by voters in an ordinary static polling election and not a mandatory postal vote election. 
Clause 68(3) replaces regulation 51(4) with new regulations 51(4) and 51(4A). 
New regulation 51(4) provides that an authorised officer must admit a postal ballot paper for scrutiny if the authorised officer is satisfied that the elector’s signature on the postal vote certificate has been validly witnessed. 
In the case of ordinary (not mandatory postal) polling elections, the authorised officer must also be satisfied that the signature is the same as that on the application for postal voting papers made under regulations 26(1) or 26(3)(a). 
In the case of mandatory postal vote elections (apart from postal voting papers issued to a person under regulation 26(2)), the authorised officer must be satisfied that the number on the postal vote certificate corresponds with the number of the elector on the electoral roll. 
New regulation 51(4A) provides that, where a person has applied for replacement postal voting papers under regulation 27A, and both the original postal vote certificate and replacement postal vote certificate are received, the authorised officer must reject the original postal vote certificate and admit the replacement postal vote certificate (subject to all the other requirements having been satisfied). 
Clause 68(3) amends regulation 51(5) to clarify that the regulation applies to all postal ballot papers that have been admitted for scrutiny by an authorised officer except for those which were issued to an elector who applied for them under regulation 26(2). 
Clause 68(4) amends regulation 51(6) to clarify a possible ambiguity, identified during the drafting of the Bill, in the provision regarding the consequence of electoral staff rejecting a postal vote due to it not being cast by the voter, or received by polling officials, by the required deadlines. The amendment makes it abundantly clear that an authorised officer must mark the unopened envelope containing a postal vote with the word “rejected” and place it on a parcel of rejected postal votes if the vote has been rejected under regulation 51(2). 

Clause 69 Regulation 56 replaced 
Clause 69 replaces regulation 56 so that the new regulation obliges the returning officer to do certain things as soon as practicable after the results of an election are determined. 
The returning officer must declare the results of the election and the elected candidate’s names by public notice, certify the results of the election to the CEOs of the relevant council and notify the Minister of the results of the election. Further, if the returning officer is not the Electoral Commissioner, they must notify the Electoral Commissioner and the Chief Executive Officer of the Department (currently the Department of Local Government and Community Services) of the results of the election. 

Clause 70 Regulation 57 amended 
Clause 70 replaces regulation 57(2). New regulation 57(2) replaces the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 
This regulation requires the notice of a change in time for holding an election under subregulation (1) to be given by “public notice” as defined in section 4A of the Act. 

Clause 71 Regulation 58 amended 
Clause 71(1) amends regulation 58(1), by replacing the reference to the “Electoral Commissioner” with a reference to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 
Clause 71(2) inserts new regulation 58(3) which relocates the definition of “fail” from regulation 3 to regulation 58 as the expression is not used anywhere else in the Regulations. 

Clause 72 Regulation 61 amended 
Clause 72 amends regulation 61(2), by replacing references to the “Electoral Commissioner” with references to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. The regulation provides that a person who accepts an application for postal voting papers, or completed postal voting papers, for posting or delivery to the a returning officer must immediately post or deliver them to the returning officer. 

Clause 73 Regulation 63 amended 
Clause 73 amends regulation 63, by replacing all references to “council area” with references to “local government area”, which was inserted as a general definition into section 17 of the Interpretation Act by the Local Government Amendment Act 2013, to ensure consistent language is used across all Northern Territory legislation. 

Clause 74 Regulation 65 amended 
Clause 74 amends regulations 65(1) and 65(2) to clarify that these regulations only apply where the Electoral Commissioner is the returning officer for an election. 

Clause 75 Regulation 66 amended 
Clause 75 amends regulations 66(1) and 66(2), by replacing the references to the “Electoral Commissioner” with references to the “returning officer”, as a consequence of councils being given the ability to appoint a person other than the Electoral Commissioner as returning officer for a by-election. 

Clause 76 Regulation 67 amended 
Clause 76 amends regulation 67(3) to remedy the erroneous reference to “this section” with a reference to “this regulation”. 

Clause 77 Regulation 68 replaced 
Clause 77 repeals Regulation 68 and inserts new regulations 67A, 67B and 67C which provide for offences which apply to a returning officer (other than the Electoral Commissioner) appointed by a council to conduct a by-election, and authorised officers and other employees of such a returning officer. 
This clause also inserts new regulation 68 so that it includes provisions dealing with the storage and destruction of electoral papers by a returning officer (other than the Electoral Commissioner) appointed by a council to conduct a by-election. 
New regulation 67A makes it an offence if a returning officer (other than the Electoral Commissioner) engages in conduct that results in the election being determined and declared inconsistently with the provisions under Division 5 of Part 4 of the Regulations. The maximum penalty for this offence is 100 penalty units. 
New regulation 67B makes it an offence if the returning officer (other than the Electoral Commissioner) fails to comply with a regulation which no other penalty is prescribed for. This offence attracts a maximum penalty of 30 penalty units. 
New regulation 67C(1) provides that a relevant person (an authorised officer for the election, or the employee of the returning officer (other than an authorised officer or employee of the Electoral Commissioner)) for the election, commits an offence if they contravene a regulation which no other penalty is prescribed for. The maximum penalty is 15 penalty units. 
Regulation 67C(2) provides a defence to the offence in subregulation (1) if the authorised officer or employee has a reasonable excuse. 
Regulation 67C(3) provides the definition of “relevant person” for this regulation. 
New regulation 68(1) extends the existing obligations regarding the storage and destruction of electoral papers on the Electoral Commissioner to a returning officer appointed by a council to conduct a by-election. It also clarifies that electoral papers include postal voting papers that have not been delivered and returned to the returning officer. 
New regulation 68(2) requires a returning officer (who is not the Electoral Commissioner) to securely store electoral papers until they are no longer required for a purpose under the Regulations and to give those electoral papers to the Electoral Commissioner on the earliest of two dates. The two dates are the day on which the returning officer ceases his being the returning officer and the day on which the returning officer is satisfied that the papers are no longer required for a purpose under the Regulations. 
New regulation 68(3) requires the Electoral Commissioner to securely store electoral papers until they are no longer required for a purpose under the Regulations. This applies to electoral papers for an election for which the Electoral Commission is or was the returning officer and electoral papers provided to the Electoral Commissioner by a returning officer under subregulation (1A)(b). 
New regulation 68(4) provides that the Electoral Commissioner may destroy the electoral papers when they are no longer required. 
New regulation 68(5) makes it an offence if the returning officer (other than the Electoral Commissioner) engages in conduct that results in electoral papers being damaged or destroyed. The maximum penalty for this offence is 100 penalty units. 
New regulation 68(6) makes it an offence if a returning officer (other than the Electoral Commissioner) fails to provide the Electoral Commissioner with electoral papers in accordance with subregulation (1A)(b). The maximum penalty for this offence is 20 penalty units. 
New regulation 68(7) provides a defence to the offences in subregulations (5) and (6) if the returning officer has a reasonable excuse. 

Clause 78 Schedule 1 amended 
Clause 78(1) amends the heading to Schedule 1 to clarify that the Schedule relates to regulations 52 to 54A of the Regulations. 
Clause 78(2) amends clause 8(2)(b) of Schedule 1 by omitting the reference to subclause (5) and inserting a reference to subclause (6). The effect of this is to provide that, in order for clause 8 to apply, the excluded candidate’s votes and ballot papers must be transferred to continuing candidates in accordance with subclauses (3) to (6). This is a consequential amendment arising from the insertion of new clause 8(6) into Schedule 1. 
Clause 78(3) inserts new clause 8(6) into Schedule 1 to allow the amalgamation of ballot papers in single member vacancy vote counts. This will not affect the outcome of the count. 

Part 4 Consequential amendments 

Division 1 Darwin Waterfront Corporation Act 

Clause 79 Act amended 
Clause 79 provides that this Division amends the Darwin Waterfront Corporation Act. 

Clause 80 Section 70 amended 
Clause 80 replaces sections 70(3) and 70(4) of the Darwin Waterfront Corporation Act with new sections to transfer the jurisdiction of the Local Government Tribunal, to hear an appeal against a final decision of the Corporation made pursuant to section 70(1) of the Act, to the Civil and Administrative Tribunal. 
New section 70(3) provides that the CEO of the Corporation must provide an applicant with a decision notice after the Corporation makes a final decision. The decision notice must set out the final decision with reasons and the right the applicant has to apply for a review of the decision to the Civil and Administrative Tribunal. 
New section 70(4) provides a person to whom a decision notice is given under subsection (3) with the right to apply to the Civil and Administrative Tribunal for a review of the decision. 

Division 2 Kava Management Act 

Clause 81 Act amended 
Clause 81 provides that this Division amends the Kava Management Act. 

Clause 82 Section 58C amended 
Clause 82 amends section 56C(3)(c), by replacing all references to “council area” with references to “local government area”. This was inserted as a general definition into section 17 of the Interpretation Act by the Local Government Amendment Act 2013, to ensure consistent language is used across all Northern Territory legislation. 

Division Court Security Regulations 

Clause 83 Regulations Amended 
Clause 83 provides that this clause amends the Court Security Regulations. 

Clause 84 Regulation 2 amended Page 30 of 30 
This clause repeals regulation 2(2)(e) of the Court Security Regulations as a consequence of the transfer of jurisdiction of the Local Government Tribunal to the Civil and Administrative Tribunal. 
It should be noted that the amendment to the Court Security Regulations has a separate commencement date from the rest of the Act by virtue of clause 2(1) of the Bill. 

Part 5 Expiry of Act 

Clause 85 Expiry of Act 
Clause 85 provides that the Act expires the day after it commences. Once the amendments are made, there is no need for these provisions to stay on the Northern Territory statute book.