36Conduct of club elections by Electoral Commissioner

#### 36 Conduct of club elections by Electoral Commissioner 36 Conduct of club elections by Electoral Commissioner > > (1) In this section— > > > > appropriate number of full members, in relation to a club, means such number of full members of that club who are entitled to vote at the annual election of the governing body of that club as is equal to 200 or one-tenth of the number of full members of the club so entitled to vote, whichever is the less. > > > > Electoral Commissioner means the Electoral Commissioner for New South Wales for the time being holding office under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066). > > > (2) An order under subsection (5) in respect of a registered club may be made by the Authority— > > > > > (a), (b) (Repealed) > > > > > (c) upon an application made by a full member referred to in the definition of appropriate number of full members in subsection (1) if— > > > > > > > (i) that application is accompanied by a request in writing for the making of the order that is signed by at least the appropriate number of full members of the club and shows the names in full or the surnames and the initials of the given names of the signatories, and > > > > > > > (ii) notice in writing of intention to make the application was given to the club at least 21 clear days before the application is made. > > > > > (d) (Repealed) > > > (3) (Repealed) > > > (4) An application purporting to be an application referred to in subsection (2) (c) and accompanied by a request purporting to be a request so referred to, shall be deemed to be a valid application unless the Authority is satisfied— > > > > > (a) that the application was not made by a full member referred to in the definition of appropriate number of full members in subsection (1), > > > > > (b) that the request— > > > > > > > (i) is not signed by at least the appropriate number of full members of the club, or > > > > > > > (ii) does not show the names in full or the surnames and initials of the given names of the signatories, or > > > > > (c) that notice of intention to make the application was not given in accordance with subsection (2) (c) (ii). > > > (5) The Authority may, upon an application referred to in subsection (2) (c), make an order that the first election of the governing body of the registered club referred to in the order to be held after the date of the order be conducted by the Electoral Commissioner. > > > (6) Notwithstanding any other provision of this Act, an order made upon an application referred to in subsection (2) (c) is final and conclusive and not subject to appeal. > > > (7) Where the Authority makes an order under subsection (5), the election referred to in that subsection shall be conducted by the Electoral Commissioner or by an officer within the meaning of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033) authorised in writing by the Electoral Commissioner to conduct that election. > > > (7A) The Electoral Commissioner or an officer within the meaning of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033) authorised in writing by the Electoral Commissioner is, on application by or on behalf of a registered club to the Electoral Commissioner, to conduct an election of the governing body of the club. > > > (7B) When an application by or on behalf of a registered club is made under subsection (7A), the applicant is to send written notification of that fact at the same time to the Authority. > > > (7C) An application by or on behalf of a registered club for the purposes of subsection (7A) cannot be withdrawn except with the consent of the Electoral Commissioner. > > > (8) A person conducting an election pursuant to an order made under subsection (5) or an application made under subsection (7A) may, notwithstanding anything contained in the rules of the club to which the order or application relates, take such action and give such directions as the person considers necessary for or in connection with the conduct of the election or in order to ensure that no irregularities occur in or in connection with the election or to remedy any procedural defects in the rules of the club that appear to the person to exist. > > > (8A) The power to give directions under subsection (8) extends to authorising the giving of directions for the purpose of ensuring that elections are conducted in accordance with sound and democratic electoral practices and procedures and methods of voting. > > > (9) An election conducted pursuant to an order made under subsection (5) or an application made under subsection (7A) shall not be invalid by reason only of— > > > > > (a) a breach of the rules of the club to which the order or application relates involved in an act done in accordance with subsection (8), or > > > > > (b) an irregularity in observing any of the provisions of subsection (2). > > > (10) A person shall not— > > > > > (a) refuse or fail to comply with a direction given under subsection (8), or > > > > > (b) obstruct or hinder a person conducting an election pursuant to an order made under subsection (5) or an application made under subsection (7A) or carrying out such a direction. > > > > Maximum penalty—20 penalty units. > > > (11) (Repealed) > > > (12) Where a person conducting an election pursuant to an order made under subsection (5) or an application made under subsection (7A)— > > > > > (a) dies or is unable to complete the conduct of the election, or > > > > > (b) ceases to be a person qualified to conduct the election, > > > > the Electoral Commissioner shall complete the conduct of the election or make arrangements or give directions for the completion of the conduct of the election by another person who is so qualified. > > > (13) The expenses of an election conducted pursuant to an order made under subsection (5) or an application made under subsection (7A) shall be paid to the Electoral Commissioner by the registered club concerned within 1 month after a certificate referred to in subsection (15) is served on the club and, if not so paid, may be recovered from that club as a debt in any court of competent jurisdiction. > > > (14) The expenses referred to in subsection (13) do not, in the case of an election conducted pursuant to an order made under subsection (5), include— > > > > > (a) the salary or other remuneration of any officer or employee of the State performing any duty in relation to the election, including any person appointed solely for the purposes of the election, > > > > > (b) the cost of travel of such an officer or employee, including any travelling or similar allowance, incurred in connection with the performance of any such duty, or > > > > > (c) expenses in connection with the provision or use of premises provided by the State for the purposes of the election, including premises obtained solely for those purposes. > > > (15) A certificate signed by the Electoral Commissioner, countersigned by the Minister and specifying the amount of the expenses required to be paid by a registered club in accordance with subsection (13) is admissible in any proceedings for the recovery of that amount and is conclusive evidence of that amount. > > **s 36:** Am 1982 No 149, Schs 3 (3), 9; 1985 No 71, Sch 1 (15); 1986 No 16, Sch 23; 1990 No 29, Sch 2 (9); 1990 No 43, Sch 1 (5); 1993 No 29, Sch 7 (4); 1993 No 57, Sch 1 (4); 1994 No 50, Sch 1 (10); 2007 No 92, Sch 2 \[9\] \[30\] \[34\]–\[36\]; 2017 No 66, Sch 8.19.