{"id":"F2019L00484","name":"Torres Strait Regional Authority (Election of Officeholders) Regulations 2019","slug":"torres-strait-regional-authority-election-of-officeholders-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440012,"registerId":"F2019L00484-fast-fetch-1775955813027","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Torres Strait Regional Authority (Election of Officeholders) Regulations 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTorres Strait Regional Authority (Election of Officeholders) Regulations 2019\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 07 March 2019\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nNigel Scullion\n\nMinister for Indigenous Affairs\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 TSRA Chief Executive Officer\n\nPart 2—Election of officeholders at the first meeting of the TSRA after its election\n\nDivision 1—Nominations\n\n6 Calling for nominations\n\n7 Making nominations\n\n8 Declaration of nominations\n\nDivision 2—Polling\n\n9 Order of polls\n\n10 Deciding the order of candidates on ballot‑papers\n\n11 Ballot‑papers\n\n12 Polling procedure\n\n13 Voting\n\nDivision 3—Counting votes\n\n14 Scrutineers\n\n15 Conduct of the count\n\n16 Informal ballot‑papers\n\n17 Completion of the count\n\nDivision 4—Other matters\n\n18 Declaration\n\n19 Request for recount\n\nPart 3—Other elections\n\n20 Election of new Chairperson or Deputy Chairperson\n\n21 Election of new alternate Deputy Chairperson\n\nPart 4—Miscellaneous\n\n22 Recording result of election\n\n23 Destruction of election materials\n\nSchedule 1—Method of deciding the election of a candidate\n\n1 Absolute majority of votes\n\n2 Exhausted ballot‑papers\n\n3 Votes to be counted\n\n4 Candidate with absolute majority of first preference votes elected\n\n5 Distribution of preferences\n\n6 Deciding which candidate is excluded\n\n7 Deciding which unexcluded candidate is elected\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Torres Strait Regional Authority (Election of Officeholders) Regulations 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 1 April 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Aboriginal and Torres Strait Islander Act 2005.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Aboriginal and Torres Strait Islander Act 2005.\n\nalternate Deputy Chairperson means the person, if any, elected under subsection 144D(1) of the Act to be the alternate of the Deputy Chairperson.\n\napproved:\n\n (a) in relation to an election for the Chairperson or Deputy Chairperson—means approved by the Electoral Commissioner; and\n\n (b) in relation to an election for the alternate Deputy Chairperson—means approved by the TSRA Chief Executive Officer.\n\ncandidate means a candidate in an election to which this instrument applies.\n\nChairperson means the person elected under paragraph 143L(1)(a) of the Act to be the Chairperson of the TSRA.\n\nDeputy Chairperson means the person elected under paragraph 143L(1)(b) of the Act to be the Deputy Chairperson of the TSRA.\n\npublic draw of lots means a drawing of the names of candidates in a lot in the presence of members of the TSRA.\n\nrelevant office means the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson.\n\nreturning officer:\n\n (a) in relation to an election for the Chairperson or Deputy Chairperson—means a member of the staff of the Australian Electoral Commission who is nominated by the Electoral Commissioner for the purposes of the election; and\n\n (b) in relation to an election for the alternate Deputy Chairperson, means:\n\n (i) the TSRA Chief Executive Officer; or\n\n (ii) a person nominated, in writing, by the TSRA Chief Executive Officer.\n\nvoter means a person who is eligible to vote in an election to which this instrument applies.\n\n5  TSRA Chief Executive Officer\n\n (1) The TSRA Chief Executive Officer must attend the first meeting of the TSRA after it is elected.\n\n (2) If the TSRA Chief Executive Officer is unable to attend the meeting, the TSRA Chief Executive Officer must nominate a member of the staff of the TSRA to attend the meeting in the TSRA Chief Executive Officer’s place.\n\nPart 2—Election of officeholders at the first meeting of the TSRA after its election\n\nDivision 1—Nominations\n\n6  Calling for nominations\n\n (1) The TSRA must give the Australian Electoral Commission the following information within 7 days after the declaration of the result of an election under rule 113 of the TSRA election rules:\n\n (a) the name of each member of the TSRA;\n\n (b) the postal address of each member of the TSRA last known to the TSRA.\n\n (2) At least 7 days before the first meeting of the TSRA after it is elected, a returning officer must send to each member of the TSRA:\n\n (a) a list of the names of the members of the TSRA; and\n\n (b) an approved form for the nomination of a candidate for each relevant office.\n\n7  Making nominations\n\n (1) A nomination for the office of alternate Deputy Chairperson is valid only if the TSRA decides to elect an alternate Deputy Chairperson not later than 15 minutes after the beginning of the first meeting of the TSRA after it is elected.\n\n (2) A nomination must:\n\n (a) be in the approved form for the nomination of a candidate for a relevant office; and\n\n (b) set out the name, place of residence and occupation of the candidate; and\n\n (c) specify the office, or offices, for which the candidate is nominated; and\n\n (d) be signed by another member of the TSRA; and\n\n (e) indicate the form in which the candidate’s name is to be presented on the ballot‑paper; and\n\n (f) include a declaration by the candidate that the candidate:\n\n (i) is a member of the TSRA; and\n\n (ii) consents to act if elected.\n\n (3) A nomination must be given to the returning officer not later than 30 minutes after the beginning of that meeting.\n\n (4) However, if the returning officer announces at the meeting that:\n\n (a) there is no candidate for a relevant office; or\n\n (b) if, after the election of the Chairperson, there is no candidate remaining for the office of Deputy Chairperson; or\n\n (c) if:\n\n (i) the TSRA has decided, under subsection (1), to elect an alternate Deputy Chairperson; and\n\n (ii) after the election of the Deputy Chairperson, there is no candidate remaining for the office of alternate Deputy Chairperson;\n\na nomination for the relevant office may be given to the returning officer not later than 15 minutes after the announcement.\n\n (5) A nomination that is not made in accordance with this section is invalid.\n\n (6) Not later than the time mentioned in subsection (3) or (4), a candidate may withdraw, as a candidate, from the election by giving to the returning officer a written notice to that effect that is signed by the candidate.\n\n8  Declaration of nominations\n\n (1) As soon as practicable after the time mentioned in subsection 7(3) or (4), the returning officer must:\n\n (a) produce for inspection by the members of the TSRA present at the meeting all nominations received by the returning officer; and\n\n (b) declare the names of the candidates.\n\n (2) If only one candidate is nominated for the office of Chairperson, the returning officer must declare that candidate to be elected.\n\n (3) If only one candidate is nominated for the office of Deputy Chairperson and that candidate is not also a candidate for the office of Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.\n\n (4) If:\n\n (a) the TSRA has decided, under subsection 7(1), to elect an alternate Deputy Chairperson; and\n\n (b) only one candidate is nominated for the office of alternate Deputy Chairperson; and\n\n (c) that candidate is not also a candidate for the office of Chairperson or Deputy Chairperson;\n\nthe returning officer must declare the candidate to be elected as alternate Deputy Chairperson.\n\n (5) If, after the election of the Chairperson has been declared, there is only one remaining candidate for the office of Deputy Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.\n\n (6) If:\n\n (a) the TSRA has decided, under subsection 7(1), to elect an alternate Deputy Chairperson; and\n\n (b) after the election of the Deputy Chairperson has been declared, there is only one remaining candidate for the office of alternate Deputy Chairperson;\n\nthe returning officer must declare the candidate to be elected as alternate Deputy Chairperson.\n\n (7) If there is more than one remaining candidate nominated for a relevant office, the returning officer must conduct a poll of the members of the TSRA to decide the election.\n\nDivision 2—Polling\n\n9  Order of polls\n\n (1) The name of the successful candidate in the election for the Chairperson must be announced before the election for the Deputy Chairperson is held.\n\n (2) The name of the successful candidate in the election for the Deputy Chairperson must be announced before an election for the alternate Deputy Chairperson is held.\n\n10  Deciding the order of candidates on ballot‑papers\n\n  The returning officer must conduct a public draw of lots to decide the order in which the names of candidates will appear on the ballot‑paper for an election.\n\n11  Ballot‑papers\n\n  A ballot‑paper must:\n\n (a) be in the approved form; and\n\n (b) set out the names of the candidates in the order decided under section 10; and\n\n (c) set out voting instructions that are consistent with section 13.\n\n12  Polling procedure\n\n (1) Before an election, the returning officer must show to the members of the TSRA present at the meeting the empty ballot‑box and then securely fasten the cover of the ballot‑box.\n\n (2) The returning officer must give to each member at the meeting a ballot‑paper for the election that is initialled by the returning officer.\n\n (3) Immediately after giving a member the member’s ballot‑paper, the returning officer must mark off that member’s name on a list of members of the TSRA.\n\n13  Voting\n\n (1) A voter is entitled to one vote in an election.\n\n (2) A voter must mark the voter’s preference, or preferences, on the ballot‑paper for the election:\n\n (a) if the voter wishes to vote for one candidate—by placing the number 1 opposite the name of the candidate for whom the voter wishes to vote; or\n\n (b) if the voter wishes to vote for more than one candidate—by placing opposite the name of each of the candidates voted for, in the order of the voter’s preferences, a number in a series of consecutive numbers beginning with 1.\n\n (3) After marking the voter’s preference, or preferences, on a ballot‑paper, a voter must, not later than 10 minutes after the voter has received the ballot‑paper from the returning officer:\n\n (a) fold the ballot‑paper so as to conceal the vote; and\n\n (b) place the ballot‑paper in the ballot‑box.\n\n (4) If, before placing their ballot‑paper in the ballot‑box, a voter:\n\n (a) claims, in the presence of the returning officer, that the voter has spoiled the ballot‑paper; and\n\n (b) returns the ballot‑paper to that returning officer; and\n\n (c) requests a further ballot‑paper;\n\nthe returning officer must follow the procedure mentioned in subsection (5).\n\n (5) The returning officer must:\n\n (a) give the voter a fresh ballot‑paper; and\n\n (b) endorse the returned ballot‑paper by writing spoilt across it and sign and date the endorsement.\n\n (6) A ballot‑paper that is not placed in the ballot‑box before the end of the period mentioned in subsection (3) must be disregarded.\n\nDivision 3—Counting votes\n\n14  Scrutineers\n\n (1) Each candidate in an election may appoint one scrutineer to represent the candidate at the count of votes in the election.\n\n (2) An appointment must be:\n\n (a) in writing; and\n\n (b) in the approved form; and\n\n (c) given to the returning officer before the count begins.\n\n15  Conduct of the count\n\n (1) This section applies when all voters have cast their votes.\n\n (2) In the presence of the voters and scrutineers, the returning officer must:\n\n (a) open the ballot‑box; and\n\n (b) take out the ballot‑papers; and\n\n (c) deal with the ballot‑papers in accordance with Schedule 1.\n\n16  Informal ballot‑papers\n\n (1) A ballot‑paper is informal if:\n\n (a) it is not initialled by the returning officer; or\n\n (b) it has no vote marked on it; or\n\n (c) it does not indicate the voter’s first preference for 1, and only 1, candidate; or\n\n (d) it has any mark or writing on it by which the voter can be identified.\n\n (2) The returning officer must reject a ballot‑paper that is informal.\n\n17  Completion of the count\n\n (1) After the counting of votes in accordance with this Division has been completed, the returning officer must:\n\n (a) make, sign and date a statement that sets out:\n\n (i) the number of votes given to each candidate in the election; and\n\n (ii) the number of informal ballot‑papers; and\n\n (b) place in separate parcels:\n\n (i) ballot‑papers rejected as informal; and\n\n (ii) ballot‑papers accepted as formal; and\n\n (iii) ballot‑papers endorsed under subsection 13(5); and\n\n (c) endorse each parcel to indicate clearly its contents and the election to which it relates, and sign and date the endorsement; and\n\n (d) keep the parcels in a secure place.\n\n (2) A scrutineer may countersign a statement under paragraph (1)(a) or an endorsement under paragraph (1)(c).\n\nDivision 4—Other matters\n\n18  Declaration\n\n  As soon as practicable after the count has been completed, the returning officer must declare to the TSRA the name of the candidate who is elected.\n\n19  Request for recount\n\n (1) The returning officer must conduct a recount of the ballot‑papers received in an election if a candidate asks the returning officer to do so at any time before a declaration is made under section 18.\n\n (2) A request for a recount may be made orally or in writing.\n\n (3) A returning officer is not required to conduct more than one recount.\n\n (4) In conducting a recount in relation to an election, the returning officer:\n\n (a) has the same powers in relation to the recount as the election officer had in relation to the counting of votes in the election; and\n\n (b) may make any decision about the allowance and admission, or disallowance and rejection, of a ballot‑paper that the election officer could have made in relation to the count.\n\nPart 3—Other elections\n\n \n\n20  Election of new Chairperson or Deputy Chairperson\n\n (1) The election of a new Chairperson or Deputy Chairperson under subsection 143L(4) of the Act must be conducted in accordance with Part 2 as if the election were conducted for the purposes of paragraph 143L(1)(a) or (b) of the Act.\n\n (2) However, if the Deputy Chairperson is elected to fill a vacancy in the office of Chairperson, Part 2 has effect for the election of a new Deputy Chairperson as follows:\n\n (a) as if section 6 were omitted and the following section substituted:\n\n“6  Calling for nominations—Deputy Chairperson vacancy\n\n  As soon as practicable after the office of Deputy Chairperson becomes vacant, the returning officer must call for nominations to fill that vacant office.”\n\n \n\n (b) as if subsection 7(3) were omitted and the following subsection substituted:\n\n “(3) A nomination must be given to the returning officer not later than 15 minutes after nominations have been called for.”\n\n21  Election of new alternate Deputy Chairperson\n\n (1) At any meeting of the TSRA that follows the first meeting of the TSRA after its election, if the office of alternate Deputy Chairperson is vacant, the TSRA may decide to elect an alternate Deputy Chairperson.\n\n (2) If the TSRA decides to elect an alternate Deputy Chairperson, the election must be conducted in accordance with Part 2 as if the meeting at which the election is conducted were the first meeting of the TSRA after its election.\n\n (3) However, if:\n\n (a) an alternate Deputy Chairperson is elected to fill a vacancy in the office of Chairperson or Deputy Chairperson; and\n\n (b) the TSRA decides to elect a new alternate Deputy Chairperson;\n\nPart 2 has effect for that election as follows:\n\n (c) as if section 6 were omitted and the following section substituted:\n\n“6  Calling for nominations—alternate Deputy Chairperson vacancy\n\n  As soon as practicable after the TSRA has decided to elect a new alternate Deputy Chairperson under subsection 21(3), the returning officer must call for nominations to fill that vacant office.”\n\n \n\n (d) as if subsection 7(3) were omitted and the following subsection substituted:\n\n “(3) A nomination must be given to the returning officer not later than 15 minutes after nominations have been called for.”\n\nPart 4—Miscellaneous\n\n \n\n22  Recording result of election\n\n  The results of an election and the statement prepared by the returning officer under paragraph 17(1)(a) for the election must be recorded in the minutes of the meeting of the TSRA at which the election is held.\n\n23  Destruction of election materials\n\n  As soon as practicable after the end of 3 months after an election, the returning officer must destroy any nomination, ballot‑paper, or appointment of a scrutineer, for the election that is in the returning officer’s possession.\n\nSchedule 1—Method of deciding the election of a candidate\n\nNote: See paragraph 15(2)(c).\n\n  \n\n \n\n1  Absolute majority of votes\n\n  For the purposes of a count, a candidate is taken to have an absolute majority of votes if:\n\n (a) the number of first preference votes received by the candidate is more than half of the total number of first preference votes received by all candidates in the count; or\n\n (b) after an exclusion, the number of votes received by that candidate is more than half of the total number of votes received by all unexcluded candidates.\n\n2  Exhausted ballot‑papers\n\n  For the purposes of a count, a ballot‑paper must be set aside as exhausted if, at any stage during the count, the ballot‑paper expresses no preference for an unexcluded candidate.\n\n3  Votes to be counted\n\n  The returning officer must count the first preference votes received by each candidate on ballot‑papers that are not rejected as informal.\n\n4  Candidate with absolute majority of first preference votes elected\n\n  If a candidate has an absolute majority of first preference votes, the candidate is elected.\n\n5  Distribution of preferences\n\n (1) If no candidate has an absolute majority of first preference votes, the candidate who has received the fewest first preference votes must be excluded, and each of that candidate’s ballot‑papers must be transferred to the unexcluded candidate for whom the next available preference is expressed.\n\n (2) If there is then no candidate who has an absolute majority of votes, the process of excluding the candidate who has received the fewest votes, and transferring that candidate’s ballot‑papers to the unexcluded candidates for whom the next available preferences are expressed, must be repeated as often as necessary until one candidate receives an absolute majority of votes.\n\n (3) A candidate who receives an absolute majority of votes at any stage described in this clause is elected.\n\n6  Deciding which candidate is excluded\n\n (1) This clause applies if:\n\n (a) 2 or more unexcluded candidates receive the same number of votes; and\n\n (b) one of those candidates must be identified for exclusion under clause 5.\n\n (2) The returning officer must conduct an intermediate poll that involves only those unexcluded candidates to decide which of the candidates is to be excluded.\n\n (3) The intermediate poll must be conducted in accordance with Divisions 2, 3 and 4 of Part 2 of this instrument.\n\n (4) If, in the intermediate poll, a candidate receives fewer votes than any other candidate, the first‑mentioned candidate is excluded.\n\n (5) If, in the intermediate poll:\n\n (a) 2 or more candidates receive the same number of votes; and\n\n (b) either:\n\n (i) there are no other candidates; or\n\n (ii) each of those candidates has received fewer votes than any other candidate;\n\nthe returning officer must conduct a public draw of lots to decide which of those candidates is excluded.\n\n7  Deciding which unexcluded candidate is elected\n\n (1) This clause applies if:\n\n (a) 2 or more unexcluded candidates receive the same number of votes; and\n\n (b) there are no other unexcluded candidates.\n\n (2) The returning officer must conduct an intermediate poll that involves only those unexcluded candidates to decide which of the candidates is elected.\n\n (3) The intermediate poll must be conducted in accordance with Divisions 2, 3 and 4 of Part 2 of this instrument.\n\n (4) The candidate who receives the most votes in the intermediate poll is elected.\n\n (5) If, in the intermediate poll, each of the candidates receives the same number of votes, the returning officer must conduct a public draw of lots to decide which of the candidates is elected.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of establishing election procedures for TSRA officeholders. The scope covers initial elections after TSRA elections and subsequent vacancy elections, which is consistent with the instrument's title and the enabling provision in the Aboriginal and Torres Strait Islander Act 2005. There is no evidence of scope creep beyond the core function of regulating these internal elections."},"complexity_factors":["15 defined terms in section 4, including nested definitions for 'approved' and 'returning officer' that change meaning depending on which office is being elected","Extensive cross-referencing to the Aboriginal and Torres Strait Islander Act 2005 (the parent Act), particularly sections 143L and 144D","Conditional logic with multiple nested exceptions — for example, section 7 has 6 subsections with cascading conditions about nomination deadlines that change based on whether previous elections have been held or offices are vacant","Schedule 1 contains a full preferential voting counting algorithm with 7 clauses including provisions for intermediate polls and tie-breaking by drawing lots","Part 3 modifies Part 2's rules for vacancy elections using 'as if' substitutions that require readers to mentally overlay changed provisions onto the original text","Multiple time limits specified in minutes (15 minutes, 30 minutes, 10 minutes) that create precise procedural requirements"],"plain_english_summary":"This legislation establishes a preferential voting framework for electing the TSRA’s Chairperson, Deputy Chairperson and alternate Deputy, covering nominations, voting, counting and by‑elections. It governs how members nominate and rank candidates and how returning officers determine winners.\n\nIt affects TSRA members, candidates, election officials and, indirectly, the Torres Strait community — ensuring transparent, democratic leadership selection and reducing disputes over who legitimately leads the regional authority."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument is procedural: it prescribes detailed voting, nomination and counting procedures to implement the Act’s requirements for electing TSRA officeholders. It does not broaden the types of persons subject to the Act or add new substantive powers outside the Act’s framework. In that sense it does not change the statutory scope or create new policy aims beyond operationalising the Act’s election requirements (see section 3 and the frequent cross‑references to the Aboriginal and Torres Strait Islander Act 2005 and TSRA election rules). Any change is technical (procedural detail) rather than a substantive expansion of scope."},"complexity_factors":["Single instrument of moderate length (23 regulations plus Schedule 1).","Approximately 11 defined terms in the interpretation section (section 4) that change meaning across the instrument (e.g. returning officer, approved, voter, relevant office).","Multiple short, conditional time limits and exceptions for nominations (section 7: 30 minutes, 15 minutes, decision‑points tied to earlier elections).","Two distinct returns/administration models (AEC staff for Chair/Deputy; TSRA CEO or nominee for alternate Deputy) creating branching administrative paths (Definitions; sections 4, 5).","Preferential counting rules in Schedule 1 with iterative exclusions and transfers, plus tie resolution rules requiring intermediate polls and draws of lots (Schedule 1 clauses 1–7).","Cross‑references to the Act and to TSRA election rules (e.g. rule 113) creating external dependencies.","A small number of discrete discretionary decisions vested in the returning officer (informal ballot rejections, recount conduct) increasing practical complexity for implementation (sections 16, 19)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets the detailed voting and nomination rules for electing the Chairperson, Deputy Chairperson and (optionally) an alternate Deputy Chairperson of the Torres Strait Regional Authority (TSRA) at the TSRA’s first meeting after an election, and for filling those offices in specified vacancies (see Part 2 and Part 3).\n- Specifies who runs those elections and in what circumstances: for the Chairperson and Deputy Chairperson the returning officer is a staff member of the Australian Electoral Commission (AEC) nominated by the Electoral Commissioner; for the alternate Deputy Chairperson the returning officer is the TSRA Chief Executive Officer (CEO) or a person nominated by that CEO (see Definitions and section 4 and 5).\n- Lays down nomination procedures and strict time windows for nominations and withdrawals (section 6–8). In general nominations must be in an approved form, signed by another TSRA member, include basic candidate details and a consent statement, and be delivered to the returning officer within a set short period after the first meeting begins (normally 30 minutes) with limited 15‑minute exceptions (section 7).\n- Requires the AEC to be given each member’s name and last known postal address within 7 days of the TSRA election result being declared (section 6(1)).\n- Prescribes ballot form, ordering and polling mechanics: a public draw of lots decides candidate order on ballot papers (section 10); ballot papers must be in an approved form and show voting instructions (section 11); the returning officer must show an empty ballot box, initial ballot papers, record who has been issued a paper and collect papers within 10 minutes of issue (sections 12–13).\n- Uses preferential voting to elect officeholders (a candidate needs an absolute majority): first preferences are counted; if no absolute majority the candidate with the fewest votes is excluded and their ballots redistributed by next preferences until a candidate has an absolute majority (Schedule 1, clauses 1–5). Ballot papers that show no next available preference for an unexcluded candidate are treated as exhausted (Schedule 1, clause 2).\n- Provides for intermediate polls and public draws of lots to resolve ties at different stages (Schedule 1, clauses 6–7). Intermediate polls follow the same polling and counting rules.\n- Permits each candidate to appoint one scrutineer (section 14); sets out informal ballot criteria (section 16) and the returning officer’s record‑keeping duties after the count (section 17), including preparing a signed statement of the count and keeping parcels of papers securely.\n- Requires the returning officer to declare the result and enter the result and the signed statement into the TSRA meeting minutes (sections 18 and 22). A recount is available once on request before declaration (section 19).\n- Requires destruction of election materials in the returning officer’s possession as soon as practicable after 3 months from the election (section 23).\n- Requires the TSRA CEO (or nominee) to attend the first post‑election meeting and enables a staff member to attend if the CEO cannot (section 5).\n\n**Who is affected**\n\n- TSRA members (they are the voters and potential candidates); they must receive nomination forms and be present or represented to participate in the time‑limited nomination and voting processes (sections 6–7, 12–13).\n- The Australian Electoral Commission (AEC) and its nominated returning officers for Chair and Deputy elections; the instrument requires the TSRA to provide member details to the AEC (section 6(1)).\n- The TSRA Chief Executive Officer and any staff the CEO nominates; those persons act as returning officer for the alternate Deputy Chairperson election and must attend the first meeting (sections 4, 5).\n- Candidates and their scrutineers who must follow the specified paperwork and appointment rules (sections 7, 14).\n\n**Why it matters (purpose claims and operational consequences)**\n\n- The instrument implements the Act’s requirement that the TSRA elect its internal officeholders, by prescribing standardised, time‑bounded procedures intended to ensure a transparent and auditable election at the first post‑election meeting (see Part 2 and Schedule 1). That is the instrument’s stated purpose (see section 3: made under the Aboriginal and Torres Strait Islander Act 2005).\n\n- Practical costs and incentives: the AEC provides staff for the Chair/Deputy elections (definition of returning officer) and the TSRA must supply member names and postal addresses to the AEC within 7 days (section 6(1)), which creates an administrative burden on the TSRA secretariat and engages AEC resources. The TSRA CEO (or nominee) acting as returning officer for the alternate Deputy seat shifts that administrative burden inwards to the TSRA for that particular election (Definitions; section 4).\n\n- Behavioural effects and trade‑offs: very short nomination windows (normally 30 minutes from the start of the meeting; in some circumstances 15 minutes—see section 7(3)–(4)) mean nominations favour members who are present at the meeting or who pre‑arrange nominations. That timing is a concrete mechanism that reduces the time for campaigning or arranging proxies and can favour organised or incumbent candidates.\n\n- Risk and discretion: the returning officer has ownership of key discretionary calls — e.g. rejecting informal ballot papers (section 16) and deciding conduct of recounts (section 19). Those decisions are subject to limited review mechanisms (scrutineers may countersign counts and a single recount is available on request before declaration), but the instrument concentrates immediate procedural discretion in the returning officer.\n\n- Randomness and tie resolution: tie situations can be resolved by intermediate polls or, ultimately, by a public draw of lots (Schedule 1, clauses 6–7; section 10). The instrument therefore builds an explicit, auditable pathway from preferential counts through intermediate polls to random tie‑breaks.\n\n- Record retention and challenge window: returning officers must keep ballots and related materials securely until they are destroyed as soon as practicable after 3 months (section 23). This limits the period for evidence‑based challenges or audits to about a quarter, which reduces long‑term storage costs but also limits the time available for legal challenges based on physical materials.\n\n**Concrete mechanisms that change incentives or costs**\n\n- Who pays / who decides: AEC staff act as returning officers for Chair and Deputy elections (Definitions), so the federal electoral agency provides personnel and runs those polls; the TSRA handles the alternate Deputy election internally if it chooses to have one (section 4, section 21). The TSRA must provide member addresses and co‑operate with AEC staffing (section 6(1)).\n\n- Compliance burden and implementation risk: short nomination and voting windows (sections 7 and 13) concentrate administrative load on TSRA meeting organisers and returning officers, and reduce the time for candidates to lodge nominations or for members to vote if they are late. The returning officer’s power to reject informal papers (section 16) and to run only one recount on request (section 19(3)) creates implementation risk where a close result is contested.\n\n- Concentrated benefits / diffuse costs: procedural clarity benefits all participants in the short run (uniform rules), but advantages may be concentrated to those who are present, organised, or who can secure AEC support. Costs (administrative time, possible constrained opportunity to nominate) are diffuse across all members and the TSRA secretariat.\n\n**Key sections to consult quickly**\n\n- Definitions and who runs elections: section 4 (Definitions), section 5 (TSRA CEO attendance).  \n- Nomination timing and form: sections 6–8.  \n- Voting mechanics and time limits: sections 11–13.  \n- Counting and tie‑breaks (preferential system): section 15 and Schedule 1.  \n- Record keeping, recounts and destruction: sections 17–19 and 22–23.\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-regional-authority-election-of-officeholders-regulations-2019","history":"/api/acts/torres-strait-regional-authority-election-of-officeholders-regulations-2019/history","analysis":"/api/acts/torres-strait-regional-authority-election-of-officeholders-regulations-2019/analysis","conflicts":"/api/acts/torres-strait-regional-authority-election-of-officeholders-regulations-2019/conflicts","importantCases":"/api/acts/torres-strait-regional-authority-election-of-officeholders-regulations-2019/important-cases","documents":"/api/acts/torres-strait-regional-authority-election-of-officeholders-regulations-2019/documents"}}