143GRules for conduct of elections

#### 143G Rules for conduct of elections Minister may make rules (1) The Minister may, after consulting the TSRA and the Electoral Commissioner, make rules, not inconsistent with this Act, prescribing: (a) the manner in which TSRA elections are to be conducted (including, but not limited to, elections conducted because previous elections have been declared to be void); and (b) the manner in which casual vacancies in the TSRA are to be filled (including, but not limited to, the holding of by‑elections); and (c) the manner of changing the membership of the TSRA to conform with changes in the eligible number (including, but not limited to, the holding of by‑elections). Matters that may be dealt with in rules (2) The matters that may be dealt with in the rules include, but are not limited to, the following matters: (a) the use of an electoral roll or voter cards to establish an entitlement to vote or to make a record of the people who have cast votes; (b) the functions of Torres Strait Islander and Aboriginal liaison officers in connection with the determination of a person’s entitlement to vote; (c) the nomination of candidates for election; (d) ballot papers and forms; (e) postal voting; (f) mobile polling, including the appointment and duties of mobile polling teams and matters relating to polling by such teams; (g) confidentiality of voting; (h) the employment by the Australian Electoral Commission of staff, including polling staff, in connection with elections; (i) the scrutiny and counting of votes; (j) the declaration of the poll. Rules may deal with situations where persons would otherwise not be entitled to vote (3) The rules may make provision entitling Torres Strait Islanders and Aboriginal persons to vote at TSRA elections even if they would not be entitled so to vote under subparagraph 142U(b)(i) and, without limiting the generality of the foregoing, may make provision about the following matters: (a) the determination of whether a person is entitled to vote if: (i) the person’s name is on the Commonwealth Electoral Roll; but (ii) because of the Commonwealth Electoral Act 1918, the person’s place of living or address is not shown on the Commonwealth Electoral Roll; (aa) the determination of the ward in relation to which a person described in paragraph (a) may vote (if he or she is entitled to vote); (b) how a vote cast by a person is to be dealt with if: (i) the person was entitled to have his or her name on the Commonwealth Electoral Roll; but (ii) the person’s name was not on that Roll because of a mistake by a person exercising powers or performing functions under the Commonwealth Electoral Act 1918; (c) the casting of a provisional vote by a person whose name does not, on the polling day, appear to be on the Commonwealth Electoral Roll; (d) the circumstances in which a provisional vote cast under rules made under paragraph (c) is to be accepted. Penalties for breach of rules (4) The rules may provide penalties for breaches of the rules not exceeding 10 penalty units. Penalty under Commonwealth Electoral Act 1918 may be substituted for penalty under rules (5) If: (a) the rules create an offence in relation to TSRA elections (TSRA election offence) that corresponds to an offence under the Commonwealth Electoral Act 1918 (Commonwealth election offence); and (b) the maximum pecuniary penalty for the Commonwealth election offence is more than the penalty that, by subsection (4), could be imposed for a breach of the rules; the rules may provide a maximum penalty for the TSRA election offence not exceeding the maximum pecuniary penalty for the corresponding Commonwealth election offence. However, nothing in this subsection enables the rules to provide penalties of imprisonment. Minister to have regard to desirability of TSRA elections being conducted in a manner similar to elections for the Parliament (6) In making rules, the Minister must have regard to the desirability of providing for TSRA elections to be conducted in a manner similar to the manner in which elections for the Parliament are conducted, with the aim of increasing the understanding of, and participation in, elections for the Parliament by Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area. Rules may take account of special circumstances (7) Subsection (6) does not prevent the Minister making rules: (a) that take account of the special circumstances of Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area; or (b) that will enable significant reductions in the costs of conducting TSRA elections. Rules are a legislative instrument (8) Rules made under this section are a legislative instrument.