Schedule 19 Amendment of other legislation

(Section 4)

19.1 Agricultural Industry Services Act 1998 No 45

Section 32J Special provisions for polls relating to extra-territorial committees

Omit “The Minister may authorise the Electoral Commissioner or a person appointed by the Electoral Commissioner” from section 32J (1).

Insert instead “The Minister may authorise an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912)”.

19.2 Agricultural Industry Services Regulation 2009

[1]   Clause 17 Definitions

Omit the definition of returning officer from clause 17 (1). Insert instead:

  

returning officer, in relation to a poll or election, means an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by the appropriate officer to exercise the functions conferred or imposed on a returning officer by this Regulation.

[2]   Clause 17 (1), definition of “official mark”

Omit the definition. Insert instead:

  

official mark means a mark authorised by the Electoral Commissioner.

[3]   Clauses 37 (4) (a) and 64 (4) (a)

Omit “neither” wherever occurring. Insert instead “not”.

[4]   Clauses 37 (4) (a) and 64 (4) (a)

Omit “nor bears an official mark” wherever occurring.

19.3 Architects Regulation 2004

[1]   Schedule 2 Election of Board members

Omit the definition of returning officer from clause 1 (1). Insert instead:

  

returning officer means an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by the Board for the purpose of exercising the functions conferred or imposed on a returning officer by this Regulation.

[2]   Schedule 2, clause 15 Distribution of ballot-papers

Omit “or that bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912” from clause 15 (a).

Insert instead “or that bears a mark authorised by the Electoral Commissioner”.

[3]   Schedule 2, clause 21 Scrutiny of votes

Omit “nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912” from clause 21 (2) (a).

Insert instead “nor bears a mark authorised by the Electoral Commissioner”.

19.4–19.7

19.8 Fisheries Management (General) Regulation 2002

[1]   Clause 374 Definitions

Omit the definition of returning officer. Insert instead:

  

returning officer means an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) nominated by the Director for the purpose of exercising the functions of a returning officer.

[2]   Clause 392 Scrutiny of votes

Omit “nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912” from clause 392 (1) (a).

Insert instead “nor bears a mark authorised by the Electoral Commissioner”.

19.9

19.10 Industrial Relations Act 1996 No 17

Section 172 Power to order secret ballot

Omit “the Electoral Commissioner” from section 172 (6) (b).

Insert instead “an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912)”.

19.11 Institute of Teachers Regulation 2005

[1]   Clause 17 Designation of returning officer

Omit “The Electoral Commissioner of New South Wales, or a person or body approved by the Electoral Commissioner of New South Wales”.

Insert instead “An accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by the Institute”.

[2]   Clause 40 Information concerning government school teachers

Omit the clause.

19.12

19.13 Marketing of Primary Products Regulation 2005

[1]   Clause 3 Definitions

Omit the definition of returning officer from clause 3 (1). Insert instead:

  

returning officer means an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by the Director-General for the purpose of exercising the functions conferred or imposed on a returning officer by this Regulation.

[2]   Clause 18 Distribution of ballot-papers

Omit “or that bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912” from clause 18 (a).

Insert instead “or that bears a mark authorised by the Electoral Commissioner”.

[3]   Clauses 24 (2) (a) and 51 (2) (a)

Omit “nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912” wherever occurring.

Insert instead “nor bears a mark authorised by the Electoral Commissioner”.

[4]   Clause 45 Distribution of ballot-papers

Omit “or that bears a mark prescribed for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912” from clause 45 (a).

Insert instead “or that bears a mark authorised by the Electoral Commissioner”.

19.14–19.16

19.17 Ports and Maritime Administration Act 1995 No 13

Section 18 Special provision for election of staff director

Omit section 18 (5). Insert instead:

  

(5)  An accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by a Port Corporation is to be the returning officer in relation to the Port Corporation and has all the functions conferred on the returning officer by the regulations under this section.

19.18–19.21

19.22 Rice Marketing Act 1983 No 176

[1]   Sections 39 (2), 40 (2), 101 (2) and 102 (2)

Omit “The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner,” wherever occurring.

Insert instead “An accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by the Director-General”.

[2]   Section 107 Payment of costs and expenses

Omit section 107 (1). Insert instead:

  

(1)  The costs and expenses of any poll or election under this Act taken or held with respect to:

(a)  a board or committee, or

(b)  the primary product in respect of which a board or committee is or may be constituted,

      are to be paid by the board or committee to the accredited election service provider concerned in accordance with the contract or other arrangement entered into with the provider in connection with the poll or election.

[3]   Section 107 (3) and (4)

Omit the subsections. Insert instead:

  

(3)  Any amount required to be paid under subsection (2) is to be paid within such period as is specified in the notice or such further period as the Minister may allow.

(4)  The costs and expenses referred to in subsection (1) are, if the board or committee is non-existent or not functioning, to be met by the Minister from money available for the purpose.

19.23 Rural Lands Protection (General) Regulation 2001

Schedule 2 Elections

Insert at the end of the definition of returning officer in clause 1:

  

Without limiting paragraph (a) or (b), an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) may be appointed or determined to be the returning officer.

19.24–19.26

19.27 Water Management Act 2000 No 92

Schedule 5 Constitution and procedure of water supply authorities

Omit “The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for an election” from clause 2 (3).

Insert instead “An accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) appointed by a water supply authority is to be the returning officer for an election in relation to the water supply authority”.

19.28 Water Management (General) Regulation 2004

[1]   Clause 56 Returning officer for election of members of a private water trust or directors of a private drainage board

Insert after clause 56 (2):

  

(3)  Without limiting subclause (1), an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) may be appointed as the returning officer for an election.

[2]   Clause 57 Returning officer for election of members of a private irrigation board

Insert after clause 57 (3):

  

(4)  Without limiting subclause (1) or (2), an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act 1912) may be appointed as the returning officer for an election referred to in either subclause.