Election is defined in clause 2 as an election of Board members under the Act other than the first election, and includes an election to fill a casual vacancy under section 18 of the Act. This means the first ever election for the initial Board is not governed by this by law; it presumably was held under transitional arrangements or a different instrument. All subsequent elections, including by elections for unexpected vacancies, fall within the by law’s scope.

Electoral roll is central to the franchise. The Returning Officer must keep a roll containing the name and last known address of each sole owner of land that is being worked as a separate property within the District. Where land has more than one owner, the roll contains only the one owner who has been last nominated in writing by all the owners for the purpose of paragraph (b) of clause 6(2). This creates a one vote per property rule, but with a crucial qualification: if multiple owners cannot agree on a nominee, no one from that property is entitled to vote, because the clause requires that a nomination be “given to the Returning Officer” and it must be the “last nominated” one. This effectively disenfranchises all co owners unless they coordinate and submit a nomination. The by law does not specify a time limit for submitting that nomination; presumably it must be in place before an election, but no procedure for updating or challenging the roll is stated.

Declaration form means a form of declaration of identity and entitlement to vote. The voter must complete and enclose this form in the envelope addressed to the Returning Officer (clause 12(d)). The Returning Officer checks the declaration form when counting votes (clause 14(b)): if it is signed by a qualified voter, the envelope marked “voting paper” is placed with valid votes. If no declaration form or an incomplete one is found, the envelope is placed in a receptacle for rejected papers to be forwarded to the Board after the declaration of the poll (clause 14(c)). Thus a defective declaration form does not result in an automatic informal vote; it triggers a separate review channel by the Board, but the by law does not prescribe a dispute resolution mechanism for that review.

Returning Officer must be appointed by the Board for each election (clause 5(1)). The Returning Officer must not have a pecuniary interest in any property within the District (clause 5(2)). This independence requirement is strict; any property interest, even a minor one, disqualifies the appointee. In a small district where most eligible voters are landowners, finding a person with no such interest may be difficult. The Board itself is composed of elected landowners, so the appointment may involve selecting an outsider or a person whose interest is only indirect (e.g., a spouse’s property). The term “pecuniary interest” is not defined in the by law and would be interpreted by reference to general law, but it clearly covers direct ownership, leasehold, mortgages, and possibly beneficial interests.

Informal votes are defined in clause 15. A voting paper is informal if it is not signed or initialled by the Returning Officer; if votes are marked for more candidates than the number of persons to be elected; if the voter’s intention cannot be clearly ascertained; or if the voter has not complied with the by law or the instructions of the Returning Officer. However, clause 15(2) provides a saving: a voting paper is not informal merely because the voter has not recorded the vote exactly as required by clause 12(a) (placing a cross in the square) if the Returning Officer can clearly ascertain the intention. This gives the Returning Officer a degree of discretion to accept markings such as ticks, circles, or other unambiguous indications.

Scrutineers are allowed: each candidate may nominate one scrutineer to be present at the count (clause 16). Scrutineers are bound by the same secrecy obligation as the Returning Officer and must not disclose or aid in disclosing how any voter voted (clause 20).

Lot is the tie breaking method. If there is an equality of votes, the Returning Officer determines the winner by lot: placing the names of tied candidates in a hat and drawing one (or more, if multiple tied positions) (clause 17(c)). This mechanism is applied immediately after the count, with no provision for a recount or judicial review before the draw.

The by law directly affects a narrow class of persons: owners of land within the Gumly Gumly Private Irrigation District that is being worked as a separate property. These persons are the electors. In practice, the district is likely a small geographic area with a modest number of landholdings. The by law’s franchise rule means that only one person per property appears on the electoral roll. If a property has multiple owners, they must nominate one of them to be the elector. This creates an internal negotiation cost for co owners and may disfranchise those who fail to nominate or whose nomination is not received before an election. The by law does not specify a cut off date for updating the roll, so owners who acquire land or change ownership shortly before an election may not be able to vote.

The by law also affects candidates for the Board. Any person who is eligible under section 19 of the Act (not reproduced in the by law) may stand, but must be nominated in writing by two persons on the electoral roll, must consent in writing, and must have the nomination received by the closing date (clause 9). In a small electorate, finding two proposers may be a barrier, especially if the potential candidate is controversial or if the electorate is factionalised. The requirement that the nomination be signed by two “people whose names appear on the electoral roll” means that even if a candidate is an owner but not the nominated owner, the candidate cannot sign as a proposer; only the roll entry counts.

The Board itself is affected as the body that appoints the Returning Officer and receives all election papers after the declaration of the poll (clause 19(1)). The Board must store those papers for 12 months and may then destroy them (clause 19(2)). This imposes a record keeping obligation, albeit a modest one.

The Returning Officer is the central administrative actor. The role carries duties of keeping the roll, issuing notices, accepting or rejecting nominations, issuing voting papers, handling duplicates and spoilt papers, counting votes, declaring results, and maintaining secrecy. The Returning Officer must be impartial and free of pecuniary interest. In a small community, finding a person willing to serve without compensation (the by law is silent on remuneration) and who meets the independence test may be difficult. The by law provides no training or guidance for the Returning Officer; the officer must interpret terms such as “pecuniary interest” and “clearly ascertain” with no formal criteria.

Persons outside the District - such as tenants, sharefarmers, or creditors with an interest in irrigation - are not affected. They have no vote and cannot stand for election.

Returning Officer’s duties are extensive. Clause 6 requires the officer to keep an electoral roll containing the name and last known address of the sole owner or nominated co owner of each separate property. Clause 8 requires giving notice of election by sending or issuing a copy to every person on the roll; the notice must state the day of election, closing date, where nominations are to be sent, and where the roll may be inspected. Clause 9 makes it clear that the officer must not accept a nomination unless all five conditions (a) to (e) are satisfied - this is a duty to reject non compliant nominations. The officer must also determine whether an election is contested or uncontested (clauses 10 and 11). If contested, the officer must issue voting papers, a declaration form, two envelopes, and a notice with instructions (clause 11(4)). The officer may issue duplicate voting papers if a voter declares the original lost or destroyed (clause 13(1)), and must issue a new paper if a spoilt one is returned (clause 13(2)). After the deadline, the officer must open envelopes, check declaration forms, reject informal votes, count votes, declare the result, and notify successful candidates in writing (clauses 14, 17, 18). Clause 19 requires the officer to send all election papers to the Board after the declaration. Clause 20 imposes a duty of secrecy: the officer must not disclose or aid in disclosing how any voter has voted. Breach is an offence with a maximum penalty of 0.5 penalty unit.

Voters’ duties are set out in clause 12. A voter must complete the voting paper by placing a cross in the square opposite the name of each candidate for whom the voter votes. The voter must then seal the voting paper in the envelope marked “voting paper”, place that sealed envelope inside the envelope addressed to the Returning Officer, complete the declaration form, and enclose that form in the outer envelope. The voter must send by post or deliver the envelope to the Returning Officer before the deadline. There is no provision for proxy voting or early voting at a polling place.

Voters’ rights include the right to inspect the electoral roll (clause 8(2)(d)), the right to receive a voting paper (clause 11(1)), the right to apply for a duplicate if the voting paper is lost or destroyed (clause 13(1)), and the right to spoil and replace a voting paper (clause 13(2)). The voter also has the right to have the vote counted if the voting paper is not informal.

Candidates’ rights are minimal. A candidate may nominate one scrutineer to be present at the count (clause 16). The by law does not give candidates a right to inspect the roll, challenge nominations, or demand a recount. The candidate’s only remedy if dissatisfied would be to challenge the election in court, but the by law provides no internal appeal mechanism.

Board’s duties are limited to appointing a Returning Officer who is free of pecuniary interest (clause 5) and to preserving election papers for 12 months (clause 19(2)). The Board also receives the rejected papers from the Returning Officer (clauses 14(c) and 14(e)), but the by law does not specify what the Board must do with them - there is no requirement to consider or decide on disputed votes.

The by law creates only one offence: clause 20 provides that the Returning Officer and scrutineers must not in any way disclose or aid in disclosing the manner in which any voter has voted. The maximum penalty is 0.5 penalty unit. Under the Crimes (Sentencing Procedure) Act 1999 (NSW), a penalty unit is currently $110, so half a unit equals $55. This is a trivial penalty for a breach of secrecy that could affect the integrity of an election. It is unlikely to deter determined misconduct. The by law does not create any other offences. There is no penalty for voting more than once, for forging a nomination, for making a false declaration, or for obstructing the Returning Officer. Those acts may be offences under the general criminal law or under the Private Irrigation Districts Act 1973, but the by law itself is silent.

Enforcement of clause 20 would require prosecution in the Local Court by a police officer or an authorised person. The by law does not appoint a specific enforcement body. The Board could theoretically refer a breach to police. The low penalty may discourage prosecution given the cost.

There are no civil penalties, infringement notices, or disciplinary measures in the by law. Disputes over the validity of an election, such as a challenge to a nomination rejection or a disputed count, are not addressed. A person aggrieved by the election process would need to seek judicial review in the Supreme Court of New South Wales under the common law or under the Private Irrigation Districts Act if it provides for such challenges. The by law does not create a right of appeal to the Board or to any tribunal.

The Board’s role in receiving rejected papers (clauses 14(c) and 14(e)) is ambiguous. The by law says the Returning Officer must place envelopes that lack a valid declaration form or contain an informal voting paper into a receptacle “for forwarding to the Board in accordance with clause 19 after the declaration of the poll.” Clause 19 simply requires the Returning Officer to send all papers connected with the election to the Board. The Board may then destroy them after 12 months. There is no provision for the Board to decide whether the rejection was correct. This suggests that rejected papers are preserved as a record of the election but are not subject to any review. Voters whose votes are rejected have no avenue to challenge that decision within the by law.

The by law operates as a subordinate instrument under the Private Irrigation Districts Act 1973 (NSW). That Act is the primary legislation establishing Gumly Gumly Private Irrigation District and empowering the Board to make by laws for the conduct of elections. The Act would contain provisions on the composition of the Board, the eligibility of candidates (section 19), the filling of casual vacancies (section 18), and the duration of Board members’ terms. The by law fills in the procedural gaps left by the Act. Section 20(1) of the Act apparently authorises the Board to make by laws for elections, and this by law is the exercise of that power. If the Act were amended, the by law would need to be consistent. For example, if the Act changed the number of Board members or eligibility criteria, the by law’s election procedure would still apply but would need to be read subject to the Act.

The by law does not reference any other state or federal electoral legislation. It does not adopt the Commonwealth Electoral Act, the Local Government Act, or the Election Funding, Expenditure and Disclosures Act. It is a self contained code for this specific district. This means that standard protections found in other electoral laws - such as public funding, disclosure of donations, or independent electoral commissions - do not apply.

The by law interacts with the general law of contract and property only indirectly. The definition of “owner” in clause 6 refers to “sole owner of land that is being worked as a separate property within the District.” The term “owner” is not defined further; it would be interpreted by reference to the Act or the general law of real property. “Being worked as a separate property” connotes active agricultural use, but the by law provides no guidance on what constitutes “working.”

The by law is subject to the Interpretation Act 1987 (NSW) for definitions and rules of construction. For example, “penalty unit” takes its value from that Act. The by law’s note in clause 3 that the explanatory note, table of contents, and notes do not form part of the by law is consistent with the Interpretation Act.

The by law may be affected by the Privacy and Personal Information Protection Act 1998 (NSW) to the extent that the electoral roll contains personal information. The Returning Officer must handle names and addresses in compliance with that Act, though the by law does not mention privacy.

If there is a conflict between the by law and the Act, the Act prevails. The by law cannot validly authorise something the Act forbids, nor can it restrict a right the Act grants.

The source text provided is the current authorised version of the Gumly Gumly Private Irrigation District Board of Management (General) By law 1997. The by law number is sl 1997 0175. The source does not include any amendment history, such as a table of amendments or notation of inserted or deleted provisions. A search of the by law’s legislative history is not part of the source. The by law appears to be in its original form as made in 1997, but it is possible that amendments have been made through subsequent by laws or regulations that are not reflected in the presented text. Because the user has directed that I read every word of the source and not assume absent provisions, I can only state that the source as provided contains no amendment history. No repealed provisions, commencement dates, or saving provisions are shown. The by law may have been amended by later by laws made by the Board, but no such amendments appear in the given text. A practitioner would need to check the official New South Wales legislation website for the consolidated version with amendment notes.

The source text does not refer to any litigation. There is no mention of any court case that has interpreted or applied this by law. It is a small local instrument with limited scope, so it is unlikely to have generated reported cases. If there have been disputes about elections under this by law, they may have been resolved internally by the Board or in the Local Court, but no such cases are cited. The by law itself provides no dispute resolution mechanism beyond the Returning Officer’s decisions, which are final on the count subject only to judicial review. The absence of litigation does not mean no disputes have occurred; it may mean that disputes are rare or that they are settled without reported decisions. In a free market analysis, the lack of a transparent contestability mechanism could increase the cost of challenging an election, deterring potential litigants. The tie breaking by lot (clause 17(c)) is particularly prone to dispute if a candidate believes the draw was unfair, but no case law on this by law’s lot procedure has been identified.

Several provisions carry risks for the unwary. First, the electoral roll limitation. Under clause 6(2)(b), if land has multiple owners, the Returning Officer includes only the one owner last nominated by all owners. If the owners fail to agree or fail to notify the Returning Officer, no one from that property appears on the roll, and all co owners are disenfranchised. The by law sets no deadline or procedure for updating the nomination. A new owner who acquires land shortly before an election may not be able to vote. Second, the nomination requirement under clause 9(b) demands that two people whose names appear on the electoral roll sign the nomination. In a very small district, if few people are willing to propose, a viable candidate may be locked out. Third, clause 7(2) allows the Returning Officer to shorten the minimum intervals if considered necessary. This is a broad discretion with no criteria. An incumbent friendly Returning Officer could compress the timeline to favour known candidates and disadvantage challengers. Fourth, the one vote per property rule means that an owner with multiple separately worked properties gets multiple votes (one per property). But if a property is jointly owned, only one vote exists regardless of the number of co owners. This can distort the alignment of voting power with economic stake. Fifth, the informal vote rule in clause 15(1)(d) allows rejection for non compliance with the Returning Officer’s instructions, not just the by law. If the Returning Officer issues unclear or onerous instructions, votes can be rejected at the officer’s discretion. The savings provision in clause 15(2) only softens the requirement for marking a cross; it does not protect against failure to follow other instructions. Sixth, clause 14(c) deals with envelopes that lack a declaration form: they are placed in a receptacle for rejected papers and sent to the Board, but the by law does not provide that the Board must adjudicate those votes. This creates a black hole for possibly valid votes. Seventh, the secrecy penalty of 0.5 penalty unit is too low to be a meaningful deterrent. A scrutineer who leaks votes faces minimal risk. Eighth, the Returning Officer must have no pecuniary interest in any property within the District (clause 5(2)). In a small irrigation district, almost every adult with relevant knowledge may have such an interest. The Board may have to appoint an outsider who is unfamiliar with the district, increasing administrative cost and error risk. Ninth, the tie breaking by lot occurs immediately with no provision for a recount or court validation. This exposes the election result to chance, which may be acceptable but could be challenged as arbitrary if procedural fairness is not observed. Tenth, the Board may destroy election papers after 12 months (clause 19(2)). If a dispute arises later, the evidence is gone.

Compliance requires attention to each procedural step, particularly for the Returning Officer. First, before an election call, the Returning Officer must ensure the electoral roll is current. The officer should identify all separate properties being worked within the District and contact any co owned properties to request a written nomination of one owner. That nomination should be recorded and retained. The roll must contain the last known address of each elector. Second, when an election is required, the Returning Officer must appoint a date and set the closing date for nominations. The notice must be sent to every person on the roll and must contain the information required by clause 8(2): the day of election, closing date, where nominations are sent, and where the roll may be inspected. The notice should be sent with enough time to satisfy the 28 day interval between notice and closing date, unless a shorter interval is truly necessary. If the officer decides to shorten the interval, the reason for necessity should be documented in case of a challenge. Third, nomination forms should be made available. The officer must check each nomination for compliance: it must be in writing, signed by two persons on the electoral roll, the candidate must have consented in writing or on the form, it must be received by the closing date, and the candidate must not be ineligible under section 19 of the Act. If any condition is not met, the nomination must be rejected. The officer should record reasons for each rejection. Fourth, after the closing date, if the number of valid nominations equals or is less than vacancies, declare those persons elected and notify them (clauses 10 and 18). If the number exceeds vacancies, proceed to a contested election: issue voting papers, declaration forms, two envelopes, and a notice with instructions. The voting papers must be signed or initialled by the officer. Each voter gets one voting paper per vote. The officer should keep a record of sent papers. Fifth, handle lost or spoilt voting papers under clause 13. If a voter declares a paper lost or destroyed, the officer may issue a duplicate; if a spoilt paper is returned, issue a new one and preserve the spoilt paper. Sixth, on election day after the deadline, the officer must open all outer envelopes. For each envelope, check the declaration form: if it is signed by a qualified voter, place the inner envelope marked “voting paper” in the valid pile; if not, place the outer envelope in the rejected pile (to be sent to the Board). Then open the inner envelopes and remove voting papers. Check each for informality under clause 15. Reject informal papers and place them in the rejected pile. Count the votes for each candidate. Declare the result: highest votes win; tie broken by lot. Immediately notify elected candidates in writing. Seventh, as soon as practicable after the declaration, send all election papers (valid, rejected, spoilt, duplicates, roll, etc.) to the Board. Eighth, the officer must avoid any disclosure of how a particular voter voted. Scrutineers must be briefed on this obligation. Finally, the Board must store the election papers for 12 months and may then destroy them. The Board should keep a register of elections and maintain records of appointments of Returning Officers.

For a voter, compliance is straightforward: ensure you are on the electoral roll (if joint owner, coordinate with co owners to nominate one voter). When you receive voting papers, complete the declaration form truthfully and sign it. Mark a cross in the square for each candidate you support. Do not mark more crosses than vacancies. Seal the voting paper in the small envelope, then that envelope in the larger envelope addressed to the Returning Officer. Enclose the declaration form. Post or deliver the larger envelope so it reaches the Returning Officer before the deadline. If you make a mistake, return the spoilt paper and request a new one. If your paper is lost, declare it to the Returning Officer and request a duplicate.