Sch 1

Schedule 1 (a) The North West Reserve, blocks 915, 948, 950, 953, 964, 1018, 1019, 1031, 1032 and 1217, Out of Hundreds. (b) Section 462, Out of Hundreds. (c) Pastoral blocks 1033, 1058, 1060 and 1074 and Section 1280, Out of Hundreds. (d) Pastoral blocks 863, 900, 907, 908 and 1165, Out of Hundreds. (e) Pastoral blocks 1034 and 1202, Out of Hundreds. (f) Pastoral blocks 1036, 1037, 1038 and 1077, Out of Hundreds. (g) The land in respect of which partial surrender No. 4603197 and partial surrender No. 4603198 were registered in the Register of Crown Leases. Schedule 2 1 The Stuart Highway. 2 The Oodnadatta to Granite Downs Road. Schedule 3—Rules of election under section 9 1—Interpretation (1) In this Schedule— Court means the Court of Disputed Returns constituted under this Schedule; electoral official means the returning officer or an electoral official appointed by the returning officer under clause 3(2); returning officer—see clause 3(1). (2) To avoid doubt, a reference in this Schedule to an office of a member in respect of an electorate will be taken to be a reference to— (a) the office of the male member of the Executive Board in respect of the electorate; or (b) the office of the female member of the Executive Board in respect of the electorate; or (c) both offices, (as the context requires). (3) To avoid doubt, a reference in this Schedule to an election in respect of an electorate will be taken to include a reference to— (a) an election of the male member of the Executive Board; or (b) an election of the female member of the Executive Board, in respect of the electorate (as the case requires). Part 2—General rules relating to an election 2—Electorates and elections (1) The Governor may, on the recommendation of the Minister, make regulations constituting 7 electorates for the purposes of an election under section 9. (2) The Minister may only make a recommendation for the purposes of subclause (1) after consultation with— (a) the Executive Board; and (b) the returning officer. (3) The regulations— (a) must specify each of the community groups that comprise a particular electorate (and, to avoid doubt, each community group on the lands must wholly or partly comprise an electorate); and (b) must, for ease of reference, include maps of the electorates setting out the community group or groups comprising the electorate. (4) An election under section 9 will consist of the election of 1 male person and 1 female person to the offices of member of the Executive Board from each electorate. 3—Returning officer (1) The Electoral Commissioner will be the returning officer for the purposes of an election under section 9. (2) The returning officer may appoint 1 or more electoral officials to assist in the conduct of an election. (3) Without limiting the generality of subclause (2), an electoral official— (a) may hand out nomination forms to members of the community; and (b) may receive nomination forms up to the close of nominations; and (c) may take a photograph of each candidate and write the name of the candidate on the back. 4—Election timetable (1) Subject to this Schedule, voting will be held in each electorate during the period from 9.30 am until 3 pm during a period determined by the returning officer (which must be the same period in each electorate). (2) A person may only vote during the times, and during the period, referred to in subclause (1). (3) Subject to this Schedule, the period determined by the returning officer during which voting may be held must be not less than 1 day and not more than 7 days. 5—Distribution of information (1) The returning officer will be responsible for publicity of an election in each electorate. (2) Publicity of an election under these rules must include— (a) the description of the election process; and (b) the period during which voting may take place; and (c) the location or locations where— (i) nominations will be called; and (ii) voting will take place, in each electorate; and (d) the eligibility of voters to vote in the election during the period during which voting may take place; and (e) an explanation that each eligible voter can vote for 1 male candidate and 1 female candidate at an election in his or her electorate, and may include any other information the returning officer thinks fit in relation to the election. 6—Nominations for office of member of the Executive Board (1) A person is eligible to nominate for an office of member of the Executive Board to be elected from an electorate if— (a) he or she is Anangu; and (b) on the closing date in relation to the election— (i) he or she is an elector enrolled on the State electoral roll in respect of a place of residence within the electorate; or (ii) he or she is provisionally enrolled on the State electoral roll in respect of a place of residence within the electorate and will attain 18 years of age on or before the polling day for the election. (2) An Anangu is not eligible to nominate for an office of member of the Executive Board in an election, or to hold office as a member of the Executive Board, if he or she has been found guilty of a serious offence within the preceding 10 years. (3) Nominations will be called in relation to each electorate at a time and location or locations determined by the returning officer, and will close 7 days after the nominations are called. (4) A person nominates for an office of member of the Executive Board by lodging with the returning officer— (a) a written nomination in a form determined by the returning officer; and (b) either— (i) a criminal history report (such as a National Police Certificate) relating to the person and provided by South Australia Police or a CrimTrac accredited agency or broker within the 6 months immediately preceding the nomination; or (ii) an application for, and written consent to the returning officer obtaining, a criminal history report of a kind referred to in subparagraph (i). (5) At the close of nominations, the returning officer must forward any applications and consents received under subclause (4)(b)(ii) to South Australia Police. (6) The returning officer must bear the cost of obtaining a criminal history report referred to in subclause (4)(b)(ii) (whether or not the person to whom the criminal history report relates is, in fact, elected to an office of member of the Executive Board). (7) The returning officer must, within 8 weeks after the close of nominations, make a declaration in respect of each person who is eligible to stand for election to an office of member of the Executive Board. (8) If, at the close of nominations, it appears that the same person has nominated for election to 2 or more offices, both or all of the nominations are void. (9) If more than 1 person nominates in an election for a particular electorate, a photograph of each candidate may be taken and used to assist voters. (10) In this clause— closing date, in relation to an election, means the day fixed by the returning officer for the close of the voters roll for that election (being a day falling not less than 3 months prior to the polling day for the election); State electoral roll means the electoral roll kept under the Electoral Act 1985 relating to the relevant district (within the meaning of that Act). 6A—Voters roll (1) There will be a voters roll prepared for the purposes of each election under section 9. (2) A voters roll is to be prepared by the returning officer. (3) A voters roll may differentiate the persons enrolled on the voters roll according to the electorates in relation to which they are entitled to vote. (4) A person is entitled (without application) to be enrolled on a voters roll in relation to an electorate if— (a) he or she is Anangu; and (b) on the closing date in relation to the election for which the voters roll is prepared— (i) he or she is an elector enrolled on the State electoral roll in respect of a place of residence within the electorate; or (ii) he or she is provisionally enrolled on the State electoral roll in respect of a place of residence within the electorate and will attain 18 years of age on or before the polling day for the election. (5) The voters roll must, in relation to each enrolled person, contain— (a) the person's full name; and (b) the person's residential address; and (c) the name of the community group (if any) of which the person is a member, and may contain such other information as the returning officer thinks fit. (6) The returning officer may appoint such number of electoral registrars as he or she thinks appropriate. (7) The electoral registrars must assist in the preparation of a voters roll in accordance with any requirement of the returning officer. (8) If— (a) an Anangu is, on the closing date in relation to an election, enrolled or provisionally enrolled on the State electoral roll in respect of a place of residence that is on the lands; but (b) he or she is not entitled under subclause (4) to be enrolled on a voters roll prepared for the election because his or her place of residence does not fall within a community group forming a part of an electorate, then, for the purposes of the election, he or she and his or her place of residence will be taken to be part of the community group specified by the returning officer. (9) In specifying a community group under subclause (8), the returning officer should, unless he or she does not consider it appropriate to do so in all the circumstances of the case, specify the community group (being a community group that forms part of an electorate) that is located closest to the place at which the Anangu concerned resides. (10) The returning officer may make such other rules or determinations in relation to a voters roll as he or she thinks fit. (11) In this clause— closing date, in relation to an election, means the day fixed by the returning officer for the close of the voters roll for that election (being a day falling not less than 3 months prior to the polling day for the election); State electoral roll means the electoral roll kept under the Electoral Act 1985 relating to the relevant district (within the meaning of that Act). 6B—Eligibility to vote in elections An Anangu who is enrolled on a voters roll under clause 6A in relation to a particular electorate is eligible to vote in an election under section 9 held in relation to the electorate. 7—Uncontested elections If only one nomination is received in relation to any office to be filled at an election under section 9, the returning officer will, subject to this Schedule, declare the candidate duly elected to the office. 8—Voting (1) If more than one nomination is received in relation to an office to be filled at an election under section 9, an election by secret ballot in relation to the office will be held in accordance with this Schedule and any determination of the returning officer during the period, and at a location or locations, determined by the returning officer (and such period should commence approximately 21 days after the nominations are declared). (2) The method of voting in an election is to be first past the post. (3) The returning officer must determine such rules as he or she considers necessary as to enable the casting of absentee votes in an election. (4) Without limiting any other rules that may be determined by the returning officer, the rules referred to in subclause (3) must provide for— (a) voting at polling places at the locations determined by the returning officer in Adelaide and Alice Springs; and (b) the verification of the identity of persons casting absentee votes in an election. (5) A person may only cast 1 vote in relation to the election of male members, and 1 vote in relation to the election of female members, of the Executive Board. (6) To avoid doubt, voting is not compulsory. 9—Counting of votes (1) The following provisions relate to the counting of votes at an election: (a) an electoral official must count the votes for each candidate; (b) the candidate receiving the greatest number of votes will be elected; (c) in the event of a tie, the returning officer will determine who is elected by placing the names of the drawn candidates into a receptacle and drawing one out (and the candidate drawn out will be elected). (2) A candidate may nominate a person (not being a candidate) to represent him or her during the counting of votes by signing a scrutineer’s form (and the scrutineer may view the counting of votes, but must not view an elector voting). Part 3—Declaration of results 15—Provisional declarations When the result of the election becomes apparent, the returning officer must make a provisional declaration of the result. 16—Recounts (1) At any time within 48 hours after the returning officer has made a provisional declaration, a candidate (not being a candidate in whose favour the provisional declaration was made) may, in a manner determined by the returning officer, request a recount of the votes cast in relation to the relevant vacancy and, in the event of a request being made, the returning officer must cause a recount of votes to be made unless the returning officer considers that there is no prospect that a recount would alter the result of the election. (2) The returning officer may, on his or her own initiative, during the period of 48 hours referred to in subclause (1), decide to conduct a recount of any votes cast in the election. (3) The following provisions apply to a recount: (a) the returning officer should give the candidates reasonable notice of the time and place at which it is to be conducted; (b) the returning officer may reverse a decision taken at the count; (c) if the votes of two or more candidates are equal and one of them was excluded by lot at the count, the same candidate must be excluded at the recount. 17—Declaration of results and certificate (1) If the period for requesting a recount for an election expires without such a request having been made and the returning officer has not decided to initiate a recount, the returning officer must confirm the relevant provisional declarations, and immediately make out a return to the Minister certifying the election of specified candidates to specified offices. (2) If a recount is made, the returning officer must, according to the result of the recount— (a) confirm the relevant provisional declaration; or (b) revoke the provisional declaration and make a final declaration in accordance with the result of the recount, and then immediately make out a return to the Minister certifying the result of the election accordingly. (3) The returning officer— (a) must notify all candidates, in writing, of the result of the election; and (b) must within 1 month after the conclusion of the election cause the result of the election to be published— (i) in the Gazette; and (ii) in a newspaper circulating throughout the State; and (iii) in any other manner determined by the Minister. (4) When the returning officer certifies the result of an election under subclause (1) or (2), the election of the candidate or candidates takes effect immediately.