This regulation sets procedures for electing a registered professional engineer to the board—nominations, notice and timing rules, electronic and paper voting, ballot security, counting, tie‑break draws, public inspection and destruction of ballots. It also prescribes aeronautical engineering qualifications, lists prescribed schools, approves a board code, sets fees, repeals the 2003 regulation and provides transitional rules. It affects registered engineers (voters and candidates), the registrar, any voting services provider and the Minister because they implement, administer and bear the compliance and administrative costs.
This Regulation sets the procedural rules for electing a registered professional engineer to the board, prescribes certain qualifications and schools for the Act, approves a code of practice, fixes fees by reference to a schedule, and provides repeal and transitional rules for the prior regulation. The text places detailed administrative duties on the registrar for notice, nomination, voting modality, ballot security, counting, result notification and records retention and destruction. The election-related provisions are the core mechanics: times for publication of notices and nominations (ss 5-6), the form and length of candidate statements (s 7), automatic election where only one nominee exists (s 8), ballot conduct where multiple candidates exist (ss 10-22), and rules for ties (s 18). The Regulation mandates both paper and electronic voting options, sets minimum advance notice and dispatch timelines for paper ballots (s 12), requires ballot box security and electronic voting system security (s 16), prescribes counting procedures and witness requirements (s 17), and prescribes a three-month inspection period for ballots with mandatory destruction after that period (s 22).
Beyond elections, the Regulation prescribes the qualifications and competencies required for registration in aeronautical engineering (s 24), lists prescribed schools of engineering for the Act (s 25), confirms approval of a code of practice made by the board (s 26), and refers fees to schedule 1 (s 27). It repeals the Professional Engineers Regulation 2003 (s 28) and contains limited transitional rules preserving the old regulation for elections near the commencement date (s 29). Commencement dates are specified: the Regulation (other than part 5) commenced 8 July 2019 and part 5 commenced 1 January 2020 (s 2). Multiple provisions refer back to the Act and to external Commonwealth instruments for definitions and thresholds (for example, s 4, s 24); those cross-references determine some operative meanings but are not reproduced here.
Current sections
Direct links to the current provisions in Professional Engineers Regulation 2019.
39
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Professional Engineers Regulation 2019 .
sec.2
Commencement
sec.2 Commencement
This regulation, other than part 5 , commences on 8 July 2019.
Part 5 commences on 1 January 2020.
(sec.2-ssec.1) This regulation, other than part 5 , commences on 8 July 2019.
(sec.2-ssec.2) Part 5 commences on 1 January 2020.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 2 defines words used in this regulation.
pt.2
Election of registered professional engineer to board
Election of registered professional engineer to board
pt.2-div.1
Preliminary
Preliminary
sec.4
Purpose of part
sec.4 Purpose of part
This part states, for section 144 (2) (b) of the Act , the procedures for the election of a registered professional engineer for appointment as a member of the board.
pt.2-div.2
Notice of election and nomination procedure
Notice of election and nomination procedure
sec.5
Notice of election
sec.5 Notice of election
The registrar must publish a notice that states the election day for the election.
The notice must be published at least 2 months before the election day.
(sec.5-ssec.1) The registrar must publish a notice that states the election day for the election.
(sec.5-ssec.2) The notice must be published at least 2 months before the election day.
sec.6
Notice calling for nominations
sec.6 Notice calling for nominations
The registrar must publish a notice inviting nominations of candidates for the election.
The notice must—
state the day and time by which a nomination of a candidate must be received by the registrar; and
be published at least 28 days before the day mentioned in paragraph (a) .
(sec.6-ssec.1) The registrar must publish a notice inviting nominations of candidates for the election.
(sec.6-ssec.2) The notice must— state the day and time by which a nomination of a candidate must be received by the registrar; and be published at least 28 days before the day mentioned in paragraph (a) .
(a) state the day and time by which a nomination of a candidate must be received by the registrar; and
(b) be published at least 28 days before the day mentioned in paragraph (a) .
sec.7
Requirements for nominations
sec.7 Requirements for nominations
A nomination of a candidate for the election must be—
in the approved form; and
received by the registrar before the nomination day and time.
A nomination may be accompanied by a written statement by the candidate.
The statement by the candidate must not be more than 200 words.
(sec.7-ssec.1) A nomination of a candidate for the election must be— in the approved form; and received by the registrar before the nomination day and time.
(sec.7-ssec.2) A nomination may be accompanied by a written statement by the candidate.
(sec.7-ssec.3) The statement by the candidate must not be more than 200 words.
(a) in the approved form; and
(b) received by the registrar before the nomination day and time.
pt.2-div.3
Procedure if only 1 candidate nominated
Procedure if only 1 candidate nominated
sec.8
Candidate taken to be elected unopposed
sec.8 Candidate taken to be elected unopposed
If only 1 candidate is nominated under division 2 —
the registrar is not required to conduct a ballot for the election; and
the candidate is taken to be elected unopposed.
(a) the registrar is not required to conduct a ballot for the election; and
(b) the candidate is taken to be elected unopposed.
sec.9
Registrar to give notice to candidate and Minister
sec.9 Registrar to give notice to candidate and Minister
The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
(sec.9-ssec.1) The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
(sec.9-ssec.2) Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
pt.2-div.4
Procedure if more than 1 candidate nominated
Procedure if more than 1 candidate nominated
sec.10
Registrar to conduct ballot
sec.10 Registrar to conduct ballot
If more than 1 candidate is nominated under division 2 , the registrar must conduct a ballot for the election under this division.
sec.11
Notice of accessibility of ballot
sec.11 Notice of accessibility of ballot
The registrar must, at least 35 days before the election day, publish a notice that—
states the election day and election closing time; and
states—
whether the registrar or a voting services provider is administering voting in the election; and
if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
provides instructions on how an eligible engineer may cast a vote.
If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(sec.11-ssec.1) The registrar must, at least 35 days before the election day, publish a notice that— states the election day and election closing time; and states— whether the registrar or a voting services provider is administering voting in the election; and if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and provides instructions on how an eligible engineer may cast a vote.
(sec.11-ssec.2) If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(a) states the election day and election closing time; and
(b) states— (i) whether the registrar or a voting services provider is administering voting in the election; and (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(c) provides instructions on how an eligible engineer may cast a vote.
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
sec.12
Registrar to ensure ballot accessible
sec.12 Registrar to ensure ballot accessible
Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible engineer for the election.
If an eligible engineer wants to vote using a paper ballot form, the engineer must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
If the registrar is administering voting in the election, the registrar must send the engineer the following things at least 14 days before the election day—
a paper ballot form;
an unsealed envelope (the ballot envelope );
a return envelope.
If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible engineer under subsection (2) , send the engineer the printed voting material mentioned in subsection (3) at least 14 days before the election.
(sec.12-ssec.1) Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible engineer for the election.
(sec.12-ssec.2) If an eligible engineer wants to vote using a paper ballot form, the engineer must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
(sec.12-ssec.3) If the registrar is administering voting in the election, the registrar must send the engineer the following things at least 14 days before the election day— a paper ballot form; an unsealed envelope (the ballot envelope ); a return envelope.
(sec.12-ssec.4) If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible engineer under subsection (2) , send the engineer the printed voting material mentioned in subsection (3) at least 14 days before the election.
(a) a paper ballot form;
(b) an unsealed envelope (the ballot envelope );
(c) a return envelope.
sec.13
Requirements for ballot forms
sec.13 Requirements for ballot forms
An electronic ballot form or a paper ballot form must—
list the name of each candidate in alphabetical order; and
be accompanied by any written statements by the candidates given to the registrar.
The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(sec.13-ssec.1) An electronic ballot form or a paper ballot form must— list the name of each candidate in alphabetical order; and be accompanied by any written statements by the candidates given to the registrar.
(sec.13-ssec.2) The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(a) list the name of each candidate in alphabetical order; and
(b) be accompanied by any written statements by the candidates given to the registrar.
sec.14
Ways of voting
sec.14 Ways of voting
An eligible engineer—
is entitled to a single vote at the election; and
may vote using—
an electronic ballot form; or
a paper ballot form.
An eligible engineer who asks for a paper ballot form may vote using an electronic ballot form as long as the engineer does not use the paper ballot form to vote.
(sec.14-ssec.1) An eligible engineer— is entitled to a single vote at the election; and may vote using— an electronic ballot form; or a paper ballot form.
(sec.14-ssec.2) An eligible engineer who asks for a paper ballot form may vote using an electronic ballot form as long as the engineer does not use the paper ballot form to vote.
(a) is entitled to a single vote at the election; and
(b) may vote using— (i) an electronic ballot form; or (ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
sec.15
How votes are cast
sec.15 How votes are cast
For voting using an electronic ballot form, an eligible engineer may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
For voting using a paper ballot form, an eligible engineer may vote only by—
marking the ballot form with a cross opposite the name of 1 candidate; and
putting the ballot form in the ballot envelope and sealing the ballot envelope; and
putting the ballot envelope in the return envelope and sealing the return envelope; and
giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(sec.15-ssec.1) For voting using an electronic ballot form, an eligible engineer may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
(sec.15-ssec.2) For voting using a paper ballot form, an eligible engineer may vote only by— marking the ballot form with a cross opposite the name of 1 candidate; and putting the ballot form in the ballot envelope and sealing the ballot envelope; and putting the ballot envelope in the return envelope and sealing the return envelope; and giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(a) marking the ballot form with a cross opposite the name of 1 candidate; and
(b) putting the ballot form in the ballot envelope and sealing the ballot envelope; and
(c) putting the ballot envelope in the return envelope and sealing the return envelope; and
(d) giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
sec.16
Ballot box and electronic vote security
sec.16 Ballot box and electronic vote security
The registrar must ensure—
a ballot box is kept for the election; and
the ballot box is kept in a safe place; and
the ballot box is sealed in a way that—
allows ballot envelopes to be put in it until the election finishes; and
prevents ballot envelopes from being taken from it until votes for the election are to be counted.
The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(sec.16-ssec.1) The registrar must ensure— a ballot box is kept for the election; and the ballot box is kept in a safe place; and the ballot box is sealed in a way that— allows ballot envelopes to be put in it until the election finishes; and prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(sec.16-ssec.2) The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(a) a ballot box is kept for the election; and
(b) the ballot box is kept in a safe place; and
(c) the ballot box is sealed in a way that— (i) allows ballot envelopes to be put in it until the election finishes; and (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
sec.17
Counting of votes
sec.17 Counting of votes
The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.
For votes cast using a paper ballot form, the entity counting the votes must—
open each ballot envelope in the ballot box for the election; and
accept each formal ballot form and reject each informal ballot form; and
count and record the number of votes for each candidate on the ballot forms accepted under this section.
The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.
Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.
In this section—
formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) .
informal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section 15 (2) (a) .
(sec.17-ssec.1) The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.
(sec.17-ssec.2) For votes cast using a paper ballot form, the entity counting the votes must— open each ballot envelope in the ballot box for the election; and accept each formal ballot form and reject each informal ballot form; and count and record the number of votes for each candidate on the ballot forms accepted under this section.
(sec.17-ssec.3) The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.
(sec.17-ssec.4) Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.
(sec.17-ssec.5) In this section— formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) . informal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section 15 (2) (a) .
(a) open each ballot envelope in the ballot box for the election; and
(b) accept each formal ballot form and reject each informal ballot form; and
(c) count and record the number of votes for each candidate on the ballot forms accepted under this section.
sec.18
Candidate with the highest number of votes is elected
sec.18 Candidate with the highest number of votes is elected
The candidate with the highest number of votes is elected.
However, subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided.
The registrar must conduct a draw by completing the following steps in the presence of at least 2 witnesses—
writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;
folding the pieces of paper in the same way to be the same size and thickness;
putting the pieces of paper in a container and shuffling them;
drawing out 1 of the pieces of paper.
The candidate whose name is drawn out under subsection (3) (d) is elected.
(sec.18-ssec.1) The candidate with the highest number of votes is elected.
(sec.18-ssec.2) However, subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided.
(sec.18-ssec.3) The registrar must conduct a draw by completing the following steps in the presence of at least 2 witnesses— writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour; folding the pieces of paper in the same way to be the same size and thickness; putting the pieces of paper in a container and shuffling them; drawing out 1 of the pieces of paper.
(sec.18-ssec.4) The candidate whose name is drawn out under subsection (3) (d) is elected.
(a) writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;
(b) folding the pieces of paper in the same way to be the same size and thickness;
(c) putting the pieces of paper in a container and shuffling them;
(d) drawing out 1 of the pieces of paper.
sec.19
Voting services provider to give notice to registrar
sec.19 Voting services provider to give notice to registrar
This section applies if a voting services provider is administering voting in the election.
The registrar must ensure the voting services provider gives the registrar written notice of the result of the counting of votes as soon as practicable after counting all the votes.
(sec.19-ssec.1) This section applies if a voting services provider is administering voting in the election.
(sec.19-ssec.2) The registrar must ensure the voting services provider gives the registrar written notice of the result of the counting of votes as soon as practicable after counting all the votes.
sec.20
Registrar to give notice to Minister
sec.20 Registrar to give notice to Minister
The registrar must give the Minister written notice of the result of the counting of votes and the candidate elected as soon as practicable after counting all the votes.
sec.21
Registrar to give notice to candidates
sec.21 Registrar to give notice to candidates
As soon as practicable after the appointment of the elected candidate to the board, the registrar must—
give each candidate written notice of the candidate elected as soon as practicable after the candidate’s appointment to the board; and
publish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board.
(a) give each candidate written notice of the candidate elected as soon as practicable after the candidate’s appointment to the board; and
(b) publish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board.
sec.22
Disposing of ballots
sec.22 Disposing of ballots
The registrar must ensure—
all electronic ballot forms are kept in a secure electronic location for the inspection period; and
the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.
During the inspection period, the registrar must ensure the count of electronic ballot forms and paper ballot forms is available for inspection by members of the public, free of charge, at the board’s office during ordinary office hours.
At the end of the inspection period, the registrar must ensure the electronic ballot forms and paper ballot forms are destroyed.
In this section—
inspection period , for an election, means the period of 3 months starting on the election day.
(sec.22-ssec.1) The registrar must ensure— all electronic ballot forms are kept in a secure electronic location for the inspection period; and the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.
(sec.22-ssec.2) During the inspection period, the registrar must ensure the count of electronic ballot forms and paper ballot forms is available for inspection by members of the public, free of charge, at the board’s office during ordinary office hours.
(sec.22-ssec.3) At the end of the inspection period, the registrar must ensure the electronic ballot forms and paper ballot forms are destroyed.
(sec.22-ssec.4) In this section— inspection period , for an election, means the period of 3 months starting on the election day.
(a) all electronic ballot forms are kept in a secure electronic location for the inspection period; and
(b) the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.
pt.3
Miscellaneous
Miscellaneous
sec.23
Requirements for electronic voting systems
sec.23 Requirements for electronic voting systems
An electronic voting system must—
give an eligible engineer an opportunity to change the engineer’s vote before casting the vote; and
not allow a person to find out how a particular engineer cast the engineer’s vote; and
give the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system.
(a) give an eligible engineer an opportunity to change the engineer’s vote before casting the vote; and
(b) not allow a person to find out how a particular engineer cast the engineer’s vote; and
(c) give the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system.
sec.24
Prescribed qualifications and competencies for particular area of engineering— Act , s 10
sec.24 Prescribed qualifications and competencies for particular area of engineering— Act , s 10
This section prescribes, for section 10 (1) (b) of the Act , the qualifications and competencies for aeronautical engineering.
The qualifications and competencies are—
a relevant CASA appointment that is in force; and
the qualifications and experience necessary, under the Civil Aviation Safety Regulations 1998 (Cwlth) , for the appointment.
In this section—
CASA has the meaning given by the Civil Aviation Act 1988 (Cwlth) , section 3 .
relevant CASA appointment means an appointment by CASA, under regulation 201.001 of the Civil Aviation Safety Regulations 1998 (Cwlth) , as an authorised person for part 21 , sub part 21 .M of those regulations.
(sec.24-ssec.1) This section prescribes, for section 10 (1) (b) of the Act , the qualifications and competencies for aeronautical engineering.
(sec.24-ssec.2) The qualifications and competencies are— a relevant CASA appointment that is in force; and the qualifications and experience necessary, under the Civil Aviation Safety Regulations 1998 (Cwlth) , for the appointment.
(sec.24-ssec.3) In this section— CASA has the meaning given by the Civil Aviation Act 1988 (Cwlth) , section 3 . relevant CASA appointment means an appointment by CASA, under regulation 201.001 of the Civil Aviation Safety Regulations 1998 (Cwlth) , as an authorised person for part 21 , sub part 21 .M of those regulations.
(a) a relevant CASA appointment that is in force; and
(b) the qualifications and experience necessary, under the Civil Aviation Safety Regulations 1998 (Cwlth) , for the appointment.
sec.25
Prescribed schools of engineering— Act , s 82
sec.25 Prescribed schools of engineering— Act , s 82
For section 82 (2) (a) (i) of the Act , a school of engineering (however described) at each of the following universities is a prescribed school of engineering—
Central Queensland University;
Griffith University;
James Cook University;
Queensland University of Technology;
The University of Queensland;
University of Southern Queensland;
University of the Sunshine Coast.
(a) Central Queensland University;
(b) Griffith University;
(c) James Cook University;
(d) Queensland University of Technology;
(e) The University of Queensland;
(f) University of Southern Queensland;
(g) University of the Sunshine Coast.
sec.26
Code of practice approved— Act , s 108
sec.26 Code of practice approved— Act , s 108
For section 108 (3) of the Act , the code of practice made by the board on 4 August 2020 is approved.
s 26 sub 2021 SL No. 159 s 3
sec.27
Fees
sec.27 Fees
The fees payable under the Act are stated in schedule 1 .
pt.4
Repeal and transitional provision
Repeal and transitional provision
pt.4-div.1
Repeal
Repeal
sec.28
Repeal
sec.28 Repeal
The Professional Engineers Regulation 2003 , SL No. 12 is repealed.
pt.4-div.2
Transitional provision
Transitional provision
sec.29
Provision for particular elections
sec.29 Provision for particular elections
If an election day for an election occurred under the repealed regulation within 3 months before the commencement, the repealed regulation, section 17 continues to apply to the registrar in relation to the election as if this regulation had not been made.
If an election was started but the election day for the election had not occurred under the repealed regulation before the commencement, the repealed regulation, part 2 continues to apply in relation to the election as if this regulation had not been made.
In this section—
repealed regulation means the repealed Professional Engineers Regulation 2003 .
(sec.29-ssec.1) If an election day for an election occurred under the repealed regulation within 3 months before the commencement, the repealed regulation, section 17 continues to apply to the registrar in relation to the election as if this regulation had not been made.
(sec.29-ssec.2) If an election was started but the election day for the election had not occurred under the repealed regulation before the commencement, the repealed regulation, part 2 continues to apply in relation to the election as if this regulation had not been made.
(sec.29-ssec.3) In this section— repealed regulation means the repealed Professional Engineers Regulation 2003 .
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Professional Engineers Regulation 2019 .
sec.2 Commencement
sec.2 Commencement
This regulation, other than part 5 , commences on 8 July 2019.
Part 5 commences on 1 January 2020.
(sec.2-ssec.1) This regulation, other than part 5 , commences on 8 July 2019.
(sec.2-ssec.2) Part 5 commences on 1 January 2020.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 2 defines words used in this regulation.
pt.2 Election of registered professional engineer to board
Election of registered professional engineer to board
pt.2-div.1 Preliminary
Preliminary
sec.4 Purpose of part
sec.4 Purpose of part
This part states, for section 144 (2) (b) of the Act , the procedures for the election of a registered professional engineer for appointment as a member of the board.
pt.2-div.2 Notice of election and nomination procedure
Notice of election and nomination procedure
sec.5 Notice of election
sec.5 Notice of election
The registrar must publish a notice that states the election day for the election.
The notice must be published at least 2 months before the election day.
(sec.5-ssec.1) The registrar must publish a notice that states the election day for the election.
(sec.5-ssec.2) The notice must be published at least 2 months before the election day.
sec.6 Notice calling for nominations
sec.6 Notice calling for nominations
The registrar must publish a notice inviting nominations of candidates for the election.
The notice must—
state the day and time by which a nomination of a candidate must be received by the registrar; and
be published at least 28 days before the day mentioned in paragraph (a) .
(sec.6-ssec.1) The registrar must publish a notice inviting nominations of candidates for the election.
(sec.6-ssec.2) The notice must— state the day and time by which a nomination of a candidate must be received by the registrar; and be published at least 28 days before the day mentioned in paragraph (a) .
(a) state the day and time by which a nomination of a candidate must be received by the registrar; and
(b) be published at least 28 days before the day mentioned in paragraph (a) .
Mechanically, the instrument places the operational responsibility on the registrar, while permitting delegation or outsourcing of the act of administering votes to a voting services provider, subject to continuing registrar oversight and specific notification and delivery obligations (ss 11, 12, 19). It prescribes transparency mechanisms for public inspection of counts and destruction of ballots after three months (s 22), and sets minimal integrity and anonymity guarantees for any electronic voting system used (s 23).
Main concepts
The Regulation organises around several main concepts: the registrar as operational actor, the eligible engineer as elector, nomination and candidate statement rules, availability of both electronic and paper ballots, ballot security and counting safeguards, public inspection and destruction of ballots, and prescribed qualification and institutional lists.
Registrar duties dominate: the registrar must publish election day notice at least two months before the election (s 5), call for nominations at least 28 days before the nomination deadline (s 6), accept nominations in an approved form (s 7(1)), and either declare an unopposed candidate elected (s 8) or conduct a ballot (s 10). When a voting services provider is engaged the registrar retains oversight obligations: publish provider name and contact details (s 11(1)(b), (2)), ensure the provider will supply paper material on request (s 12(4)), and ensure the provider gives written notice of results as soon as practicable after counting (s 19).
Voting modes and integrity: every eligible engineer is entitled to a single vote and may cast it electronically or on paper (s 14). Electronic ballots must be made accessible immediately after the accessibility notice (s 12(1)) and must permit a voter to change their vote prior to casting, preserve voter anonymity, and produce the same scrutiny result as manual counting (s 23). Paper voting is detailed and sequential: marking with a cross opposite one candidate, envelope chain of custody, and delivery prior to election closing (s 15). The registrar must maintain a sealed ballot box and ensure it prevents removal of envelopes until counting (s 16(1)). Counting must be arranged as soon as practicable after close, open ballot envelopes in the ballot box, accept or reject ballot forms, and be undertaken in the presence of at least two witnesses (s 17).
Transparency and record lifecycle: all electronic ballot forms must be stored in a secure electronic location; paper ballot forms used in the ballot box must be kept for an inspection period of three months from election day; the count must be available for public inspection free of charge at the board’s office during ordinary hours; and at the end of the inspection period the registrar must ensure destruction of electronic and paper ballot forms (s 22).
Qualification and institutional prescriptions: for aeronautical engineering the Regulation prescribes that a relevant CASA appointment in force and the qualifications and experience required under the Civil Aviation Safety Regulations 1998 are the qualifications and competencies (s 24). For the Act’s purposes certain university schools of engineering are enumerated as prescribed schools (s 25). The Regulation also explicitly approves a code of practice made by the board on 4 August 2020 (s 26).
Procedural tie-break and notice obligations: the Regulation prescribes a draw procedure with specified steps and witness requirements to resolve ties where the highest number of votes cannot determine the elected candidate (s 18), and sets notification duties to candidates and the Minister at various stages (ss 9, 20, 21). It also contains a repeal of the prior regulation and tailored transitional rules dealing with elections in flight at commencement (ss 28-29).
Who it affects
Primary duty-bearer: the registrar. The Regulation assigns publication, accessibility, dispatch, security, counting and record-keeping tasks to the registrar (for example ss 5, 11-13, 16-17, 22). That places recurring administrative obligations on the office that holds the registrar role. When a voting services provider is used the registrar must still ensure the provider meets statutory duties (ss 11, 12, 19), so practical responsibility and accountability remain with the registrar even when services are outsourced.
Electors: the regulation repeatedly uses the term “eligible engineer” to describe who may vote (ss 11, 12, 14). The Regulation does not define “eligible engineer” within the text provided, therefore the operative franchise and eligibility rules must be checked in the Act and the Regulation’s dictionary in schedule 2 (s 3). Every eligible engineer is entitled to a single vote (s 14), with obligations on the voter when choosing paper voting (s 12(2), s 15(2)).
Candidates: prospective candidates must submit nominations in the approved form and may provide a written statement of up to 200 words (s 7). The Regulation affects campaign choices by limiting the length of candidate statements and requiring alphabetical ordering on ballots (s 13(1)), which can shape candidate communication strategies and ballot-position effects.
Voting services providers: the Regulation recognises the use of external service providers for administering voting (ss 11, 12, 19). Where a provider is used the registrar must publish the provider’s name and contact details (s 11(1)(b), (2)) and ensure the provider supplies paper voting materials on request (s 12(4)). The provider is required to give written notice of the result of counting of votes to the registrar as soon as practicable after counting (s 19(2)). The text therefore creates contractual performance obligations for providers, though it does not set procurement or payment terms.
The board and Minister: the board receives the elected member, and the registrar must notify the Minister of the election result and of the elected candidate as soon as practicable after counting and appointment respectively (ss 20, 9(1)). The board’s prior code is formally approved under the Regulation (s 26), making the code an approved instrument under the Act for the purposes noted in s 108(3) of the Act.
Institutions and applicants for registration: those seeking recognition in aeronautical engineering are affected by the qualification prescription in s 24 which links registration competencies to a relevant CASA appointment and the Civil Aviation Safety Regulations 1998. Universities listed in s 25 are designated prescribed schools of engineering for the Act’s s 82(2)(a)(i), affecting how degrees or qualifications from those institutions are treated under the Act.
Public and journalists: the Regulation establishes a public inspection right to the count of ballots during a 3-month inspection period starting on election day and requires free access at the board’s office during ordinary business hours (s 22(2)). This enables scrutiny and transparency of election results and counts.
Other stakeholders: legal advisers, auditors and compliance professionals advising the registrar, board or voting services providers will be affected by how the Regulation structures security, retention and destruction of ballots (ss 16, 22), and by the electronic voting system requirements (s 23).
Key duties and rights
This Regulation allocates specific, enumerated duties to the registrar, responsibilities to voting services providers where engaged, procedural rights to eligible engineers and candidates, and public inspection rights.
Registrar duties and decision points:
Publish election-day notice at least two months prior (s 5).
Publish notice calling for nominations and set the deadline, with that notice published at least 28 days before the nomination deadline (s 6).
Accept nominations only in the approved form and before the nomination day and time; allow a candidate statement up to 200 words (s 7).
If only one candidate is nominated, refrain from conducting a ballot and declare the candidate elected unopposed (s 8).
If multiple candidates, conduct the ballot (s 10); publish an accessibility notice at least 35 days before election day detailing election day and closing time and whether the registrar or a provider is administering voting, and if the latter the provider’s name and contact details (s 11).
Ensure an electronic ballot form is immediately accessible following the accessibility notice (s 12(1)); ensure mechanisms for paper ballot requests and for dispatch of paper materials at least 14 days before election day (s 12(2)-(4)).
Ensure ballot box custody, sealing, safe storage and that the box allows inserts until close and prevents removal until counting (s 16(1)); maintain appropriate security for electronic voting systems used (s 16(2)).
Arrange counting as soon as practicable after close, ensure counting for paper ballots is conducted in the presence of at least two witnesses, open ballot envelopes from the ballot box, accept/reject formal/informal ballots and count votes (s 17).
Ensure the voting services provider, when used, gives written notice of counting results as soon as practicable after counting (s 19).
Give written notice to Minister and candidate and publish notices of election and results as soon as practicable after appointment (ss 9, 20, 21).
Retain all electronic ballot forms and paper ballot forms placed in the ballot box for an inspection period of three months from election day, make the count available for public inspection free of charge at the board’s office during ordinary hours, and ensure destruction of the ballots at the end of the inspection period (s 22).
Voting services provider duties (conditional on use):
Their involvement must be disclosed in the accessibility notice (s 11(1)(b), (2)).
They must be able to supply printed voting material on request at least 14 days before the election if the registrar contracts them to administer voting (s 12(4)).
They must provide the registrar with written notice of the result of counting as soon as practicable after counting (s 19).
Elector rights and obligations:
Every eligible engineer is entitled to a single vote (s 14(1)); may vote electronically or by paper ballot (s 14(2)).
To obtain a paper ballot, eligible engineers must request it at least 28 days before election day (s 12(2)); paper ballots dispatched by the registrar or provider must be sent at least 14 days before election day (s 12(3)-(4)).
Paper votes must be cast by marking a cross opposite one candidate, placing the ballot in a ballot envelope and sealing, then placing that envelope in a return envelope, sealing it and giving, posting or sending it so it is received before the election closing time (s 15(2)).
Candidate rights and constraints:
Right to submit a written statement accompanying the nomination not exceeding 200 words (s 7(2)-(3)).
Ballot lists candidates in alphabetical order (s 13(1)) and will include candidate statements on the ballot (s 13(1)(b)).
Public rights:
During the inspection period of three months from election day the registrar must make the count of ballots available for inspection by the public free of charge at the board’s office during ordinary office hours (s 22(2)).
Electronic voting system guarantees:
The system must give an eligible engineer opportunity to change their vote before casting (s 23(a)).
The system must not allow a person to find out how a particular engineer voted (s 23(b)).
The system must give the same result as manual scrutiny (s 23(c)).
Prescribed qualifications and institutional lists:
For aeronautical engineering the prescribed qualifications and competencies are a relevant CASA appointment in force and the qualifications and experience necessary under the Civil Aviation Safety Regulations 1998 (s 24).
For the Act’s s 82(2)(a)(i) the Regulation prescribes engineering schools at a list of seven Queensland universities (s 25).
Administrative and procedural rights and constraints are explicit; material elements such as the definition of “eligible engineer”, “approved form” and exact fee amounts are located elsewhere (the Act, schedule 2 dictionary and schedule 1 respectively) and must be consulted to determine operative entitlement and obligations.
Penalties and enforcement
The Regulation itself does not create criminal penalties or administrative penalties within its text. It prescribes obligations and operational standards but does not set fines, offences or enforcement mechanisms inside the provisions provided. Enforcement therefore depends on the Act that the Regulation supports, on administrative controls within the board and registrar’s governance arrangements, and on contractual remedies when a voting services provider is engaged. The Regulation does impose mandatory processes and timeframes, and non-compliance would most likely manifest as procedural irregularity that could have administrative consequences under the Act or be relevant in judicial review, but the Regulation does not specify sanctions.
Enforcement mechanisms that are explicit:
Oversight by the registrar is repeatedly required, including ensuring provider compliance when a voting services provider is used (ss 11, 12, 19). The text makes the registrar the accountable actor, but it does not set out enforcement steps to remedy registrar non-compliance.
Transparency obligations (s 22) create a form of public audit: the count must be available for public inspection free of charge during the three-month inspection period. Failure to provide this access would be a breach of the Regulation’s provision, but the instrument does not state statutory penalties.
What to look for in the Act and elsewhere:
If assurance of consequences for non-compliance is required, one must consult the Act for any offence or disciplinary regime applicable to the registrar, board members, or registered professional engineers that might be triggered by breaches of regulation-based duties.
Contracts with voting services providers will be the practical enforcement tool for outsourced administration. The Regulation requires that the registrar ensure provider actions, but contractual terms would determine remedies, liability and indemnities for failures by the provider.
Areas where enforcement is effectively procedural rather than penal:
Counting must occur in the presence of at least two witnesses (s 17(3)) and tied-case draws must be conducted before witnesses (s 18(3)). These are process constraints that, if not followed, could affect the validity or perceived integrity of an election and could provide grounds for challenge under the Act’s dispute resolution or judicial-review pathways.
Security and retention rules impose obligations to keep ballots secure and to destroy them at the end of the inspection period (s 22(3)). Non-compliance may affect legal defensibility of the election and could risk privacy or integrity complaints.
In short, the instrument establishes a detailed compliance regime and transparency checks but does not set administrative fines or criminal offences within the Regulation text provided; enforcement will come from the Act’s broader statutory regime, contractual frameworks for outsourced services, public inspection pressure and, potentially, judicial review or administrative action where procedural rules are not followed.
How it interacts with other laws
The Regulation is explicitly a subordinate instrument to the Act and repeatedly cross-references the Act and Commonwealth instruments. Several provisions are prescriptions “for” sections of the Act, meaning they operate only to the extent the Act permits or requires.
Cross-references to the Act:
Section 4 states that the part specifies procedures for the election of a registered professional engineer for appointment as a member of the board, “for section 144(2)(b) of the Act” (s 4). That grounds the procedural regime in the statutory authority provided by the Act.
Section 24 expressly prescribes qualifications and competencies “for section 10(1)(b) of the Act” in the specific field of aeronautical engineering, thereby operating as the Act’s delegated specification.
Section 25 prescribes schools “for section 82(2)(a)(i) of the Act” so the Regulation directly informs which institutions are treated as prescribed schools under the Act.
Section 26 approves a code of practice “for section 108(3) of the Act” and thereby creates the formal approval that the Act contemplates for codes made by the board.
External Commonwealth instruments:
The aeronautical engineering prescription in s 24 depends on a CASA appointment and qualifications and experience necessary under the Civil Aviation Safety Regulations 1998 (Cwlth). It references CASA as defined by the Civil Aviation Act 1988 (Cwlth), s 3, and a “relevant CASA appointment” under regulation 201.001 of the Civil Aviation Safety Regulations 1998 (s 24(3)). That embeds Commonwealth aviation regulatory standards into the State registration competency pathway for aeronautical engineering.
Interplay with pre-existing regulations:
The Regulation repeals the Professional Engineers Regulation 2003 (s 28) and contains transitional rules preserving the previous regulation’s provisions for elections that were close to or underway at commencement (s 29). This staged repeal and transitional treatment aims to prevent an immediate changeover that would disrupt elections in progress.
Reference to other definitions and forms:
The Regulation relies on a dictionary in schedule 2 to define words used in the Regulation (s 3). Key terms used repeatedly, such as “eligible engineer” and “approved form”, are not defined within the election provisions and must be located in schedule 2 or the Act. Practitioners must consult schedule 2 and the Act for operative meanings and any interaction with the Act’s eligibility, disciplinary or registration frameworks.
Administrative law and procurement:
The Regulation contemplates outsourcing to voting services providers (ss 11, 12, 19). Procurement law and contract law will therefore interact with the Regulation where providers are engaged. The Regulation requires the registrar to ensure providers meet certain duties but does not specify procurement standards or payment; those matters will be governed by procurement policies, contract terms, and applicable state public-sector procurement rules.
Privacy and data laws:
The Regulation requires that electronic voting systems not allow a person to find out how a particular engineer cast their vote (s 23(b)). This interacts with privacy legislation and information-security obligations; depending on the design of the electronic system, privacy laws (state and Commonwealth) and data breach notification regimes may be triggered by a failure to secure voting data.
Records retention and destruction:
The Regulation’s retention and destruction obligations for ballots (s 22) must be reconciled with any statutory records retention obligations applicable to government agencies and with record-keeping standards; the Regulation prescribes a three-month inspection period followed by destruction, so check whether any public records legislation requires longer retention for government records or whether there are specific exemptions applicable.
Potential constitutional and judicial review overlay:
The Regulation creates administrative processes that could be subject to judicial review for procedural fairness or legality if the registrar or board fails to follow mandated procedures (for example, s 17 witness requirements, s 16 ballot security). The instrument does not itself address dispute mechanisms; recourse will therefore typically lie through the Act’s internal remedies or judicial review.
In summary, effective compliance requires reading the Regulation together with the Act, the schedule 2 dictionary, schedule 1 for fees, Commonwealth aviation instruments where relevant, records and procurement law, and privacy law. The Regulation leans on external definitions and standards rather than reproducing them, so cross-instrument reading is necessary to determine the full legal effect.
Amendment history
The Regulation’s text identifies commencement and subsequent instrument notes. Key temporal markers in the instrument are:
Commencement: The Regulation, other than part 5, commenced on 8 July 2019, while part 5 commenced on 1 January 2020 (s 2). The text as provided does not include a part 5, but the commencement provision explicitly preserves a delayed commencement for part 5.
Repeal of previous regulation: The Regulation repealed the Professional Engineers Regulation 2003 (s 28).
Transitional treatment: Transitional provisions preserve applicability of the repealed regulation to certain elections that were underway or had occurred within three months before the commencement date (s 29). Specifically, if an election day occurred under the repealed regulation within three months before commencement, the repealed regulation’s s 17 continues to apply to the registrar; if an election was started but the election day had not occurred under the repealed regulation before commencement, the repealed regulation’s part 2 continues to apply to the election (s 29(1)-(2)).
Later approvals and statutory notes: Section 26 records that the code of practice made by the board on 4 August 2020 is approved for the purposes of s 108(3) of the Act. The marginal note reads “s 26 sub 2021 SL No. 159 s 3”, indicating a later subordinate legislation notation or entry marking an amendment or annotation occurring in 2021. That marginalia should be checked against the legislative register for the state to confirm formal amendment metadata.
What is not in the text:
The schedule 1 fees and schedule 2 dictionary are referenced but not reproduced in the text provided. Any amendments to fees or to the definitions in the dictionary would alter the operation of the Regulation but are not visible here.
The instrument does not carry a list of earlier amendments or a consolidated amendment table; it contains only the operative text and an annotation in s 26. Practitioners should consult the official legislative history on the state legislative register to trace amendment instruments, commencement notices and any subsequent editorial amendments.
Practical next steps for users:
Check the state legislation database or the official consolidated Regulation for any subsequent amending instruments postdating the provided text. In particular, the marginal note following s 26 indicates some activity in 2021 and that may correspond to an editorial or substantive amendment.
Review the repealed regulation and its s 17 and part 2 provisions when dealing with transitional elections specified in s 29, as those continue to apply in limited circumstances.
Consult schedule 1 and schedule 2 in the consolidated version to determine fees and defined terms in force.
The Regulation’s amendment history as shown is limited and largely concerned with commencement, repeal of the 2003 Regulation, transitional savings, and a subsequent approval of the board’s code of practice with a marginal notation. For full amendment chronology, consult the authoritative legislative register.
Litigation history
The Regulation’s text contains no references to case law, judicial decisions, or litigation outcomes. It names no cases and does not summarise any judicial interpretation. Consequently, within the instrument provided there is no litigation history to report.
What this means for practitioners:
Any questions about disputed elections, the validity of procedures, or challenges to the registrar’s conduct will need to be researched in the jurisdiction’s case law databases and tribunal records rather than in the Regulation text. The Regulation sets procedural requirements whose non-observance could form the basis of a legal challenge, but no such challenges are recorded in this instrument.
If advising a client faced with a contested election or an allegation of procedural irregularity, check for reported or unreported decisions addressing elections under the prior 2003 Regulation, under the Act itself, or under the new Regulation since commencement. Challenges could invoke administrative law remedies, including judicial review relating to compliance with mandatory procedural steps such as s 17 witness requirements or s 16 ballot security.
Because the Regulation incorporates external standards (for example the Civil Aviation Safety Regulations 1998 in s 24), litigation touching on whether a person meets the prescribed qualifications for aeronautical engineering could reference Commonwealth decisions or administrative determinations concerning CASA appointments. Those would need to be located separately.
Action points for legal research:
Search the jurisdiction’s tribunals and courts for decisions involving the registrar, board elections, or disputes concerning registration as a professional engineer.
Check whether any judicial review proceedings have been brought alleging failure to follow s 17 counting procedures, s 16 security obligations, s 22 inspection or destruction rules, or other mandatory provisions.
Look for decisions or administrative findings concerning interactions between state registration requirements for aeronautical engineering and CASA appointments or Commonwealth aviation regulations.
In short, the provided Regulation contains no litigation history. Any relevant jurisprudence must be sought in external sources.
Gotchas
Several aspects of the Regulation present practical traps and points requiring attention to avoid unintended non-compliance or operational failure.
Definitions are external
Key terms used repeatedly , “eligible engineer”, “approved form”, “Minister”, “board”, “registrar” , may be defined in the Act or the Regulation’s schedule 2 dictionary (s 3). The Regulation prescribes duties against those terms but does not define them internally in the election divisions. Practitioners must check schedule 2 and the Act to determine who is entitled to vote, who is authorised to approve forms, and how terms like “appointment to the board” are treated.
Strict timelines and sequencing
The Regulation imposes minimum notice periods and dispatch timeframes: election-day notice must be published at least two months before the election (s 5); nomination call notice must be published at least 28 days before the nomination closing time (s 6); accessibility notice at least 35 days before election day (s 11); paper ballot requests must be made by electors at least 28 days before election day (s 12(2)); paper ballot materials must be sent at least 14 days before election day (s 12(3)-(4)). Failure to observe these timeframes could render an election procedurally defective. For elections commenced under the repealed regulation shortly before commencement, transitional savings apply but require careful application of s 29.
Registrar accountability despite outsourcing
Outsourcing administration to a voting services provider does not relieve the registrar of responsibility. The registrar must publish the provider’s details (s 11) and “ensure” the provider supplies materials and gives written notice of results (ss 12, 19). Contracts must therefore reflect the registrar’s continuing obligation and include appropriate liability, indemnity and performance standards.
Paper-vote logistics are exacting
Paper voting requires a multi-step process for voters (s 15(2)) and the registrar or provider must supply the ballot form, ballot envelope and return envelope (s 12(3)-(4)). The paper-ballot chain of custody requirement (ballot box sealed and preventing removal until counting; s 16(1)) and the rule that ballots must be received before election closing time create postal and delivery risk. Electors must receive printed materials at least 14 days before the election; late dispatch may effectively disenfranchise postal voters.
Public inspection and destruction timeline
Ballots and electronic forms must be stored and made available for public inspection for three months starting on election day, then destroyed at the end of that period (s 22). This three-month retention may conflict with other record-keeping obligations unless reconciled with public records law. Destruction is mandatory at the end of the inspection period; if litigation or investigation is anticipated, parties must act promptly to preserve relevant materials.
Electronic voting security and verification
Electronic voting systems must provide the same result in scrutiny as manual counting and must preserve voter anonymity while allowing voters to change votes prior to casting (s 23). Implementing an electronic voting system that meets these requirements is non-trivial. The Regulation requires the registrar to ensure “appropriate measures are in place” to keep the system secure from interference at all times (s 16(2)). Auditable trail design, encryption and independent testing are practical considerations but the Regulation does not specify technical standards, leaving discretion and some implementation risk.
Tie-breaking via random draw
If two or more candidates are tied, the Regulation requires a draw by written lots prepared and drawn in a specified manner in the presence of at least two witnesses (s 18(3)-(4)). This is mechanical and final per the Regulation, which may surprise stakeholders expecting alternative tie-resolution methods. Ensure witnesses and procedural compliance are in place in advance.
Candidate statement length and ballot ordering
Candidate statements are capped at 200 words (s 7(3)) and the ballot lists candidates alphabetically (s 13(1)(a)). Alphabetical ordering can have positional effects; combined with the 200-word limit, this constrains messaging and may affect election outcomes, particularly in tightly contested races.
Fees and forms not in this text
Schedule 1 (fees) and schedule 2 (dictionary) are referenced but not reproduced here (ss 27, 3). Do not assume fees or definitions; always consult the schedules in the consolidated Regulation.
Lack of built-in penalties
The instrument sets mandatory procedural rules but provides no express penalties for breach within the text provided. Remedies will be procedural (challenge, judicial review, contractual remedies) rather than statutory fines specified here. That affects enforcement strategy when advising clients.
In practice, implementational checklists, procurement terms, secure electronic system procurements, and records-retention reconciliations are needed to manage these “gotchas”.
How to comply
Compliance obligations fall largely on the registrar, with secondary responsibilities on voting services providers (when engaged), candidates, and electors. Below is a practical checklist, cited to the relevant sections, that outlines steps and controls to meet the Regulation’s requirements.
For the registrar (core operational checklist)
Confirm definitions and forms
Consult schedule 2 dictionary (s 3) and the Act to confirm definitions for “eligible engineer”, “approved form”, and other defined terms. Ensure the “approved form” for nominations is prepared and published in a legally defensible manner (s 7(1)).
Prepare timetable and publication schedule
Publish election day notice at least two months prior to election day (s 5).
Publish notice calling for nominations at least 28 days prior to the nomination deadline and set the deadline in the notice (s 6).
Publish an accessibility notice at least 35 days before election day, including whether voting is administered by the registrar or a voting services provider and, if the latter, provide provider name and contact details (s 11(1)-(2)).
Nomination handling
Accept nominations only in the approved form and before the nomination deadline (s 7(1)).
Accept candidate statements of up to 200 words; ensure the statement is accompanying the nomination as will appear on ballots (s 7(2)-(3)).
If only one candidate is nominated, do not run a ballot and notify the candidate and Minister in writing as soon as practicable (s 8, s 9(1)).
Voting logistics and accessibility
Immediately after publishing the accessibility notice ensure an electronic ballot form is accessible to each eligible engineer (s 12(1)).
Publish clear voting instructions consistent with s 11(1)(c) and s 15(1) detailing how electors use the electronic system.
For electors requesting paper ballots, ensure the request process is published and that electors are instructed to request paper ballots at least 28 days prior to election day (s 12(2)).
Ensure paper ballot materials are dispatched at least 14 days before election day (s 12(3)-(4)).
Ballot security and chain of custody
Maintain a sealed ballot box in a safe place, with a process that permits insertion until the election finishes and prevents removal until counting (s 16(1)(a)-(c)).
Ensure the electronic voting system has appropriate measures against interference at all times (s 16(2)).
Counting and witness requirements
Arrange counting as soon as practicable after election closing time (s 17(1)).
For paper ballots, open each ballot envelope in the ballot box, accept formal and reject informal ballot forms, count and record votes; ensure counting procedure is performed in the presence of at least two witnesses (s 17(2)-(3)).
Apply s 17(4) discretion to accept informal ballots where intention is clear.
Tie resolution
Prepare for the tie procedure set out in s 18: put names on identical papers, fold identically, shuffle in a container, draw one paper in the presence of at least two witnesses. Document the process.
Notification and publication
Provide written notice of election results to the Minister as soon as practicable after counting (s 20).
Provide written notice to the elected candidate and publish notice of election as soon as practicable after the candidate’s appointment to the board; provide the same written notice to other candidates (s 9(1)-(2), s 21).
Records retention and public inspection
Keep all electronic ballot forms in a secure electronic location and retain the paper ballot forms put in the ballot box for the inspection period of three months starting on election day (s 22(1), (4)).
Make the count of electronic and paper ballot forms available for public inspection, free of charge, at the board’s office during ordinary office hours throughout the inspection period (s 22(2)).
Ensure destruction of ballot forms at the end of the inspection period (s 22(3)) but consider litigation holds or preservation orders that would legally prevent destruction.
Outsourcing and contracting
If using a voting services provider, ensure contract terms require the provider to meet statutory obligations: supply printed material on request at least 14 days before election day, give written notice of the result after counting, ensure security and provide access consistent with the Regulation (ss 11-12, 19). Include audit, data security, indemnity and record-retention clauses to protect the registrar and the public interest.
For electronic voting systems
Ensure the system gives electors the opportunity to change their vote before casting, maintains voter anonymity, and yields the same result as manual scrutiny (s 23). Obtain independent testing and certification that the system meets these statutory outcomes. Maintain logs and secure storage of electronic ballots for the inspection period. Plan for contingencies and manual recount compatibility.
For candidates
Use the approved nomination form and ensure any candidate statement is within the 200-word limit (s 7). Expect ballots to list candidates alphabetically and include the candidate’s statement (s 13).
For electors
Be informed of the need to request a paper ballot at least 28 days before election day (s 12(2)) if not using the electronic option, and if voting by paper ensure the return envelope is received by the administering entity before election closing time (s 15(2)(d)).
For counsel and compliance advisers
Reconcile the Regulation’s retention/destruction rules with public records legislation, and advise on litigation holds if disputes arise. Draft procurement documents and performance specifications for electronic systems and voting services providers that deliver the Regulation’s outcomes in measurable terms. Prepare templates for notices required under ss 5, 6, 11 and candidate notifications under ss 9, 21 and Minister notification under s 20.
Final note: fees and specific defined terms are in schedules not reproduced here; consult schedule 1 for fees (s 27) and schedule 2 for defined terms (s 3). Ensure all actions are cross-checked against the Act itself for any additional constraints or powers affecting elections, appointment and registration.
A nomination of a candidate for the election must be—
in the approved form; and
received by the registrar before the nomination day and time.
A nomination may be accompanied by a written statement by the candidate.
The statement by the candidate must not be more than 200 words.
(sec.7-ssec.1) A nomination of a candidate for the election must be— in the approved form; and received by the registrar before the nomination day and time.
(sec.7-ssec.2) A nomination may be accompanied by a written statement by the candidate.
(sec.7-ssec.3) The statement by the candidate must not be more than 200 words.
(a) in the approved form; and
(b) received by the registrar before the nomination day and time.
pt.2-div.3 Procedure if only 1 candidate nominated
Procedure if only 1 candidate nominated
sec.8 Candidate taken to be elected unopposed
sec.8 Candidate taken to be elected unopposed
If only 1 candidate is nominated under division 2 —
the registrar is not required to conduct a ballot for the election; and
the candidate is taken to be elected unopposed.
(a) the registrar is not required to conduct a ballot for the election; and
(b) the candidate is taken to be elected unopposed.
sec.9 Registrar to give notice to candidate and Minister
sec.9 Registrar to give notice to candidate and Minister
The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
(sec.9-ssec.1) The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
(sec.9-ssec.2) Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
pt.2-div.4 Procedure if more than 1 candidate nominated
Procedure if more than 1 candidate nominated
sec.10 Registrar to conduct ballot
sec.10 Registrar to conduct ballot
If more than 1 candidate is nominated under division 2 , the registrar must conduct a ballot for the election under this division.
sec.11 Notice of accessibility of ballot
sec.11 Notice of accessibility of ballot
The registrar must, at least 35 days before the election day, publish a notice that—
states the election day and election closing time; and
states—
whether the registrar or a voting services provider is administering voting in the election; and
if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
provides instructions on how an eligible engineer may cast a vote.
If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(sec.11-ssec.1) The registrar must, at least 35 days before the election day, publish a notice that— states the election day and election closing time; and states— whether the registrar or a voting services provider is administering voting in the election; and if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and provides instructions on how an eligible engineer may cast a vote.
(sec.11-ssec.2) If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(a) states the election day and election closing time; and
(b) states— (i) whether the registrar or a voting services provider is administering voting in the election; and (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(c) provides instructions on how an eligible engineer may cast a vote.
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
sec.12 Registrar to ensure ballot accessible
sec.12 Registrar to ensure ballot accessible
Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible engineer for the election.
If an eligible engineer wants to vote using a paper ballot form, the engineer must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
If the registrar is administering voting in the election, the registrar must send the engineer the following things at least 14 days before the election day—
a paper ballot form;
an unsealed envelope (the ballot envelope );
a return envelope.
If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible engineer under subsection (2) , send the engineer the printed voting material mentioned in subsection (3) at least 14 days before the election.
(sec.12-ssec.1) Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible engineer for the election.
(sec.12-ssec.2) If an eligible engineer wants to vote using a paper ballot form, the engineer must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
(sec.12-ssec.3) If the registrar is administering voting in the election, the registrar must send the engineer the following things at least 14 days before the election day— a paper ballot form; an unsealed envelope (the ballot envelope ); a return envelope.
(sec.12-ssec.4) If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible engineer under subsection (2) , send the engineer the printed voting material mentioned in subsection (3) at least 14 days before the election.
(a) a paper ballot form;
(b) an unsealed envelope (the ballot envelope );
(c) a return envelope.
sec.13 Requirements for ballot forms
sec.13 Requirements for ballot forms
An electronic ballot form or a paper ballot form must—
list the name of each candidate in alphabetical order; and
be accompanied by any written statements by the candidates given to the registrar.
The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(sec.13-ssec.1) An electronic ballot form or a paper ballot form must— list the name of each candidate in alphabetical order; and be accompanied by any written statements by the candidates given to the registrar.
(sec.13-ssec.2) The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(a) list the name of each candidate in alphabetical order; and
(b) be accompanied by any written statements by the candidates given to the registrar.
sec.14 Ways of voting
sec.14 Ways of voting
An eligible engineer—
is entitled to a single vote at the election; and
may vote using—
an electronic ballot form; or
a paper ballot form.
An eligible engineer who asks for a paper ballot form may vote using an electronic ballot form as long as the engineer does not use the paper ballot form to vote.
(sec.14-ssec.1) An eligible engineer— is entitled to a single vote at the election; and may vote using— an electronic ballot form; or a paper ballot form.
(sec.14-ssec.2) An eligible engineer who asks for a paper ballot form may vote using an electronic ballot form as long as the engineer does not use the paper ballot form to vote.
(a) is entitled to a single vote at the election; and
(b) may vote using— (i) an electronic ballot form; or (ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
sec.15 How votes are cast
sec.15 How votes are cast
For voting using an electronic ballot form, an eligible engineer may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
For voting using a paper ballot form, an eligible engineer may vote only by—
marking the ballot form with a cross opposite the name of 1 candidate; and
putting the ballot form in the ballot envelope and sealing the ballot envelope; and
putting the ballot envelope in the return envelope and sealing the return envelope; and
giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(sec.15-ssec.1) For voting using an electronic ballot form, an eligible engineer may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
(sec.15-ssec.2) For voting using a paper ballot form, an eligible engineer may vote only by— marking the ballot form with a cross opposite the name of 1 candidate; and putting the ballot form in the ballot envelope and sealing the ballot envelope; and putting the ballot envelope in the return envelope and sealing the return envelope; and giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(a) marking the ballot form with a cross opposite the name of 1 candidate; and
(b) putting the ballot form in the ballot envelope and sealing the ballot envelope; and
(c) putting the ballot envelope in the return envelope and sealing the return envelope; and
(d) giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
sec.16 Ballot box and electronic vote security
sec.16 Ballot box and electronic vote security
The registrar must ensure—
a ballot box is kept for the election; and
the ballot box is kept in a safe place; and
the ballot box is sealed in a way that—
allows ballot envelopes to be put in it until the election finishes; and
prevents ballot envelopes from being taken from it until votes for the election are to be counted.
The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(sec.16-ssec.1) The registrar must ensure— a ballot box is kept for the election; and the ballot box is kept in a safe place; and the ballot box is sealed in a way that— allows ballot envelopes to be put in it until the election finishes; and prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(sec.16-ssec.2) The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(a) a ballot box is kept for the election; and
(b) the ballot box is kept in a safe place; and
(c) the ballot box is sealed in a way that— (i) allows ballot envelopes to be put in it until the election finishes; and (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
sec.17 Counting of votes
sec.17 Counting of votes
The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.
For votes cast using a paper ballot form, the entity counting the votes must—
open each ballot envelope in the ballot box for the election; and
accept each formal ballot form and reject each informal ballot form; and
count and record the number of votes for each candidate on the ballot forms accepted under this section.
The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.
Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.
In this section—
formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) .
informal ballot form , for a paper ballot form, means a ballot form
This is an opening excerpt, not the complete document.