Commencement: 13 April 1981
Repealed

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 127

DECENTRALISATION

Act 11 of 1980
Act 29 of 1983
Act 5 of 1984
Act 19 of 1985

ARRANGEMENT OF SECTIONS

SECTION
PART I
Interpretation

1.	Interpretation

PART II
Establishment of Local Government Regions

2.	Establishment of local government regions and local government councils
3.	Division of local government region into area council division
4.	Local government councils to be bodies corporate
5.	Composition of local government councils
6.	Seal
7.	Standing orders

PART III
Term of Office and Election of Members of Local Government Councils

8.	Term of office of members of local government councils and elections thereto
9.	Disqualification for election or appointment as member of local government council
10.	Vacation of office
11.	Filling of vacancies

PART IV
Meetings of Local Government Councils

12.	Meetings
13.	Chairman of meetings of local government councils
14.	Quorum and voting at meetings
15.	Minutes of meetings

PART V
Executive and Finance Committee and other Committees

16.	Committees

PART VI
Secretary, Treasurer and Staff

17.	Secretary to local government
18.	Treasurer and other officers
19.	Consent of Minister to dismissals
20.	Power to engage staff
21.	Staff regulations
22.	Pension schemes

PART VII
Duties and Powers of Local Government Councils

23.	General duty of local government council
24.	Agent for Government
25.	Contracts

PART VIII
Regional Laws

26.	Regional laws
27.	Conflict between regional laws and Acts etc.
28.	Procedure relating to regional laws
29.	Publication of regional laws
30.	Penalty in regional law

PART IX
Finance

31.	Financial year
32.	Division of local government council budget into recurrent and extraordinary parts
33.	Recurrent revenue of a local government council
34.	Extraordinary revenue
35.	Expenditure
36.	Power to raise loans
37.	Investment of funds
38.	Annual estimates
39.	Expenditure incurred not in accordance with estimates

PART X
Accounts and Audit

40.	Accounts
41.	Audit
42.	Financial and tender board Orders

PART XI
Miscellaneous

43.	Representation of a local government council in court
44.	Indemnity of councillors and other persons
45.	General penalty
46.	Exclusion of municipalities

SCHEDULE
PART 1-DUTIES AND POWERS
A. Direct duties and powers
B. Indirect duties and powers
PART 2-LIMITS AND CONDITIONS RELATING TO LOCAL TAXES

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DECENTRALISATION

To provide for the establishment of local government regions, local government councils, and their powers and the manner of their administration.

PART I
INTERPRETATION

INTERPRETATION

1.	In this Act unless the context otherwise requires -

"Electoral Commission" means the Electoral Commission established by Article 18 of the Constitution;

"Minister" means the Minister for the time being responsible for regional government or any Minister acting on his behalf;

"President" means the President of the Republic;

"Principal Electoral Officer" means the Principal Electoral Officer established by Article 19 of the Constitution and includes a deputy principal electoral officer;

"representative bodies" means the body or bodies recognised by the Minister as representative of the group or class in relation to which the phrase is used;

"secretary" means a secretary of a local government council appointed pursuant to section 17.

PART II
ESTABLISHMENT OF LOCAL GOVERNMENT REGIONS

ESTABLISHMENT OF LOCAL GOVERNMENT REGIONS AND LOCAL GOVERNMENT COUNCILS

2.	(1)	The President may on the advice of the Prime Minister by Order -

(a)	declare a local government region;

(b)	give a name to a local government region;

(c)	define the boundaries of a local government region and alter them.

(2)	When the President declares a local government region under subsection (1) he shall in the Order establish a local government council for that region.

(3)	The President shall on a petition from Parliament suspend or dissolve a local government council.

(4)	When a local government council is dissolved in accordance with subsection (3) an election shall take place on a date fixed by the President after consultation with the Principal Electoral Officer in the order of dissolution which shall not be more than 1 calendar month after the date of dissolution.

(5)	During the period of a suspension under subsection (3) or until an election following a dissolution the powers and duties of a local government council shall be exercised by a commission appointed by the President on the advice of the Minister.

DIVISION OF LOCAL GOVERNMENT REGION INTO AREA COUNCIL DIVISION

3.	The Minister shall by Order divide a local government region into area council divisions and may alter those divisions.

LOCAL GOVERNMENT COUNCILS TO BE BODIES CORPORATE

4.	A local government council shall be a body corporate with perpetual succession and power to -

(a)	sue and be sued in its corporate name; and

(b)	purchase, acquire, hold, manage and dispose of movable and immovable property.

COMPOSITION OF LOCAL GOVERNMENT COUNCILS

5.	The Minister may from time to time by Order -

(a)	prescribe the composition of a local government council and the number of councillors;

(b)	prescribe the number of members of local government councils to be elected in respect of each area council division;

(c)	provide for appointed members of local government councils who shall not be more than one third of each local government council and shall consist of -

(i)	chiefs selected by the Minister from among persons nominated by representative bodies of chiefs;

(ii)	women selected by the Minister from among persons nominated by representative bodies of women;

(iii)	youth representatives selected by the Minister from among persons nominated by representative bodies of youth;

(d)	provide for the election of a president who shall be chairman of the local government council;

(e)	provide for the election of a deputy president;

(f)	prescribe the terms and conditions of office of the president and other members of local government councils;

(g)	provide for any other matter not herein specified which may be necessary for the proper establishment and functioning of a local government council.

SEAL

6.	Each local government council shall have a seal of a design approved by such local government council which shall be kept in the custody of the secretary to the local government council.

STANDING ORDERS

7.	(1)	Subject to the provisions of this Act every local government council shall make standing orders for -

(a)	the regulation and conduct of the meetings of the local government council and of committees of the local government council;

(b)	the authentication of all documents required to be sealed with the seal of the local government council; and

(c)	such other matters as may be necessary for the purposes of this Act or as may be directed by the Minister.

(2)	The secretary shall cause a certified true copy of the standing orders of a local government council and of all amendments to such standing orders to be forwarded to the Minister.

(3)	Standing orders of local government councils and all amendments thereto shall not have effect until forwarded to the Minister.

PART III
TERM OF OFFICE AND ELECTION OF MEMBERS OF
LOCAL GOVERNMENT COUNCILS

TERM OF OFFICE OF MEMBERS OF LOCAL GOVERNMENT COUNCILS AND ELECTIONS THERETO

8.	(1)	Members of local government councils shall be elected or appointed as the case may be for a period of 4 years and together with any councillor elected or appointed to fill a vacancy shall retire together at the end of that period.

(2)	Subject to the. provisions of the Constitution and this Act the Electoral Commission may by Order provide for the regulation and conduct of elections to be held under the provisions of this Act and, without prejudice to the generality of the foregoing, may provide for -

(a)	the date for election of elected members of a local government council. If the Electoral Commission fails to fix such date the election shall take place on a date that is 1 calendar month before the end of the term of office of the members presently in office. If the date is a Saturday, Sunday or public holiday the election shall take place on the next preceding day that is not one of those days;

(b)	the qualifications and disqualifications of electors;

(c)	the registration of electors in any local government region or in any area council division;

(d)	the ascertainment of the qualifications and disqualifications of candidates for election as members of local government councils;

(e)	the method of making and disposing of claims or objections in connection with the registration of electors;

(f)	the procedure for the nomination of candidates for election as members of local government councils;

(g)	the method of election in any local government region;

(h)	the determination of any question which may arise whether any person has been elected as a member of a local government council;

(i)	the nature of corrupt and illegal practices in connection with elections and penalties in relation thereto:

Provided that no penalty prescribed by any Order made under this paragraph shall exceed imprisonment for a period of 5 years or a fine of VT100,000 or both such imprisonment and fine;

such forms as he may consider necessary to be used in connection with elections.

DISQUALIFICATION FOR ELECTION OR APPOINTMENT AS MEMBER OF LOCAL GOVERNMENT COUNCIL

9.	(1)	The following persons shall not be qualified for election or appointment as members of local government councils -

(a)	the President;

(b)	Judges and magistrates;

(c)	members of Parliament;

(d)	members of the police force;

(e)	members of the National Council of Chiefs;

(f)	public servants;

(g)	members of the teaching service;

(h)	a person who is in the service of the local government council; and 

(i)	a municipal councillor.

(2)	Any member of the district council of chiefs, island council of chiefs and area council of chiefs who holds the position of chairman, vice-chairman, secretary or treasurer, shall not be qualified for election as a member of a local government council.

(3)	A council member shall vacate his seat if any circumstances arise that, if he were not a member of the council would cause him to be disqualified from election or appointment as such.

VACATION OF OFFICE

10.	If any member of a local government council -

(a)	is found to have been unqualified or disqualified for election or appointment to a local government council;

(b)	does, or permits or suffers any act, matter or thing which would, under the provisions of section 9 disqualify him for appointment or election;

(c)	resigns from the local government council;

(d)	retires in accordance with any terms and conditions that may be prescribed under the provisions of section 5;

(e)	fails to attend 3 consecutive meetings of the local government council or of any committee of the local government council of which he is a member, unless he has obtained the prior permission of the local government council to absent himself throughout such period,

he shall cease to hold office.

FILLING OF VACANCIES

11.	(1)	Whenever a vacancy occurs in the office of an elected member of a council an election shall be held in accordance with Orders made under the provisions of section 8.

(2)	Notwithstanding the provisions of subsection (1) if -

(a)	a vacancy occurs in the office of a councillor within 6 months preceding the date on which such councillor would ordinarily retire;

(b)	the total of unfilled vacancies does not exceed a third of the total number of councillors; and

(c)	no local council division will thereby be unrepresented;

an election to fill such vacancy shall not be held under the provisions of this section and such vacancy shall remain unfilled until the time of the next ordinary election.

(3)	A person elected under the provisions of this section to fill a vacancy shall hold office until the date upon which the person in whose place he is elected would ordinarily have retired, and he shall then retire.

(4)	Whenever there is a vacancy in the office of an appointed member of a local government council the Minister shall appoint another person to fill that vacancy in accordance with subsection (3) and Orders made under section (5)(c).

PART IV
MEETINGS OF LOCAL GOVERNMENT COUNCILS

MEETINGS

12.	(1)	Every local government council shall hold not less than 3 meetings each year for the transaction of general business at one of which it shall consider the annual estimates.

(2)	Subject to subsection (3) every meeting of a local government council shall be open to the public and to representatives of the press.

(3)	The chairman of any such meeting may -

(a)	exclude or require to withdraw from such meeting any person who, in his opinion, is behaving in a disorderly manner; and

(b)	call upon any police officer or any officer or servant of the local government council to eject any such person refusing to withdraw from such meeting.

(4)	No meeting of any committee of a local government council shall be open to the public or to representatives of the press unless the local government council otherwise directs.

(5)	The secretary or his representative shall attend every meeting of the local government council and its committees but shall not be entitled to vote thereat.

CHAIRMAN OF MEETINGS OF LOCAL GOVERNMENT COUNCILS

13.	(1)	Save as provided in subsection (2) the president or deputy president shall preside at all meetings of a local government council.

(2)	In the absence of the president or deputy president the members present at any meeting of a local government council shall elect one of their elected members to act as chairman of that meeting.

QUORUM AND VOTING AT MEETINGS

14.	(1)	The quorum for any meeting of a local government council shall be one half of the elected members.

(2)	All acts of a local government council and all questions and matters coming before a local government council for decision shall be done and decided by a majority of the elected members present and voting thereon.

(3)	The chairman of any meeting of a local government council shall in addition to his ordinary vote have a casting vote in the case of an equality of votes.

MINUTES OF MEETINGS

15.	(1)	Minutes of the proceedings of all meetings of a local government council and of any committee of a local government council including the names of all members present at any such meeting shall be drawn up and entered in a book kept for that purpose. They shall be signed at the next meeting of the local government council or committee, as the case may be, by the chairman. Any minutes purporting to be so signed, or any extract from the minute book purporting to be certified by writing under the hand of the secretary to be a true copy of any entry in the minute book, shall be received in evidence without further proof.

(2)	Until the contrary is proved, a meeting of a local government council or of a committee of a local government council in respect of the proceedings whereof a minute has been made and signed in accordance with the provisions of subsection (1) shall be deemed to have been duly convened and held. All members present at such meeting shall be deemed to have been duly qualified. Where such proceedings are proceedings of a committee it shall be deemed to have been duly constituted and to have had power to deal with the matters to which reference is made in such minute.

PART V
EXECUTIVE AND FINANCE COMMITTEE AND OTHER COMMITTEES

COMMITTEES

16.	(1)	Each local government council shall appoint an executive and finance committee consisting of the president and the deputy president of the local government council and not less than two nor more than five other elected members.

(2)	A local government council may from time to time appoint and dissolve other committees for any general or special purposes which in the opinion of the local government council would be better regulated and managed by a committee and may delegate to a committee so appointed, with or without restrictions or conditions, as the local government may decide, any power conferred upon the local government council under this Act or any other law, except -

(a)	the power to make regional laws;

(b)	the power to borrow money; or

(c)	any other power which by this Act or any other law or an Order made by the Minister may not be exercised by a committee of a local government council.

(3)	In no case shall any act of any committee of a local government council be binding upon the local government council until submitted to and approved by the local government council except in any case where the local government council has, by resolution, authorised a committee to manage, regulate or conclude any matter.

(4)	The number of members of a committee other than the executive and finance committee and the term of office of members shall be fixed by the local government council.

(5)	The chairman of any such committee shall be a member who is an elected member of the local government council. The chairman shall be appointed either by the local government council or, in default of any such appointment, by the members of the committee.

(6)	A committee, other than the executive and finance committee, may include persons who are not members of the local government council to a number not exceeding one third of the membership of such committee. Such persons shall not be entitled to vote at any meeting of the committee.

(7)	Every member of a committee who at the time of his appointment to such committee is a member of the local government council shall, upon ceasing to be such member, cease to be a member of the committee.

PART VI
SECRETARY, TREASURER AND STAFF

SECRETARY TO LOCAL GOVERNMENT

17.	(1)	Subject to section 18(3) a local government council shall appoint a fit person not being a member to be secretary.

(2)	The secretary shall be the chief executive officer of the local government council and shall have the charge and custody of and be responsible for all books, records and other documents of the local government council.

(3)	The appointment of a person as secretary and the terms and conditions of such appointment shall in all respects be subject to the prior approval in writing of the Minister.

TREASURER AND OTHER OFFICERS

18.	(1)	Subject to subsection (3) a local government council shall appoint a treasurer.

(2)	A local government council may appoint such other officers, as it may consider necessary for the proper performance of its functions, upon such terms and conditions as it may determine and may define the powers and duties of such officers.

(3)	Until such time as the Minister is satisfied that suitable persons are otherwise available the secretary, treasurer and such other officers as he may consider necessary shall be seconded to a local government council from the public service.

CONSENT OF MINISTER TO DISMISSALS

19.	The secretary and treasurer shall not be dismissed without the prior consent in writing of the Minister.

POWER TO ENGAGE STAFF

20.	Subject to section 18(3) a local government council may from time to time employ, on such terms and conditions as it may determine, such agents, servants and workmen as may be necessary for the proper performance of its functions.

STAFF REGULATIONS

21.	(1)	A local government council shall make staff regulations, which, subject to the provisions of this Act, may make provision for all or any of the following matters relating to persons in the service of the council other than persons seconded to it -

(a)	grades and salary scales;

(b)	appointments, promotions, leave, termination of appointments and dismissals;

(c)	maintenance of discipline;

(d)	disciplinary offences;

(e)	interdiction and payment of salary or wages during any period of interdiction; punishments in respect of disciplinary offences including the withholding or deferment of increments, fines, reductions in rank or salary and deductions from salary in respect of damage to property of the local government council by reason of misconduct or breach of duty by an officer, servant or employee;

(f)	training;

(g)	payment of allowances; and

(h)	terms and conditions of service generally including matters relating to procedure and the duties and responsibilities of officers, servants and employees.

(2)	Staff regulations made under the provisions of subsection (1) shall be subject to the approval of the Minister.

PENSION SCHEMES

22.	A local government council may -

(a)	establish and maintain or join with other local government councils or authorities in establishing and maintaining a pension or superannuation scheme;

(b)	contribute to a pension or superannuation scheme established and maintained by the Government; or

(c)	make other arrangements for the payment of pensions or superannuation benefits to persons retiring from the service of the local government council, or to any dependent of any deceased person who at the time of his death was in or had retired from the service of the local government council.

PART VII
DUTIES AND POWERS OF LOCAL GOVERNMENT COUNCILS

GENERAL DUTY OF LOCAL GOVERNMENT COUNCIL

23.	(1)	Subject to any other law, and the provisions of this Act a local government council shall be generally responsible for the good government of its local government region and the welfare of the people therein.

(2)	It shall have the direct and indirect duties and powers set out in Part I of the Schedule.

(3)	The Minister may by Order from time to time alter the Schedule but may not alter the maximum limits of local taxes provided for in Part II of the Schedule.

AGENT FOR GOVERNMENT

24.	At the request of the Minister, a local government council may -

(a)	act as the agent of the Government for the collection of government revenue upon such terms and conditions as to payment of commission or otherwise as may be agreed; or

(b)	act as agent for and perform and do such other acts, matters and things on behalf of the Government as may be agreed between the Government and the local government council.

CONTRACTS

25.	(1)	Subject to the provisions of subsection (2), to any Order made under section 42 and to any conditions or limitations imposed by its standing orders, a local government council may enter into contracts for the purpose of any works, services or other matters which it is required or empowered to undertake, carry out and manage.

(2)	Except as may be permitted by its standing orders, a local government council shall not enter into any contract -

(a)	for the supply of any goods or materials; or

(b)	for the execution of any works or provision of any services, other than professional services to or for the local government council; except after publicly calling for tenders for the same.

(3)	A contract purporting to be made by a local government council which is -

(a)	sealed with the seal of the local government; or

(b)	signed by an officer of the local government council duly authorised in that behalf by any resolution or standing order of the local government council shall not be invalid by reason only of any failure to observe any standing order made under the provisions of this Act.

PART VIII
REGIONAL LAWS

26.	(1)	Subject to the provisions of this part and to subsection (2) a local government council may make regional laws for the good government of the region and the welfare of its people.

(2)	Regional laws shall be such as may be necessary for or incidental tot he carrying out of the direct and indirect duties and powers referred to in Part 1 of the Schedule.

CONFLICT BETWEEN REGIONAL LAWS AND ACTS ETC

27.	(1)	Where there is a conflict between the provisions of a regional law which complies with section 26 and an Act or Order, the provisions of the regional law shall prevail except, subject to subsection (2), where the Act or Order specifically provides that it shall have general application throughout Vanuatu or the provisions thereof so imply.

(2)	The provisions of an Act or Order shall not prevail over the provisions of a regional law if the consequences thereof would be to prevent a local government council from exercising its power to make laws in respect of any of its direct powers.

PROCEDURE RELATING TO REGIONAL LAWS

28.	(1)	The following provisions of this section shall apply to all regional laws.

(2)	The local government council shall forward to the Minister -

(a)	a copy of the proposed regional law;

(b)	a memorandum giving the reasons for the making of the proposed law;

(c)	copies of any minutes of the local government relating to the law.

(3)	The Minister shall either -

(a)	approve the proposed regional law; or

(b)	refer the law back to the local government council stating in writing that the proposed law -

(i)	conflicts with the Constitution; or

(ii)	is not made in compliance; or

(iii)	conflicts with an Act or Order which prevails and briefly giving his reasons for so stating.

(4)	On receipt of a law in accordance with subsection (3)(b) a local government council may either -

(a)	return the proposed law with amendments made thereto in which case subsection (3) shall apply to the amended proposed law;

(b)	return the proposed law to the Minister unamended stating in writing the reasons why it rejects the Minister's referral.

(5)	On receipt of a proposed regional law in accordance with subsection (4)(b) the Minister shall within 15 days either approve it or refer it to the Supreme Court together with any statements made in accordance with subsections (3) and (4).

(6)	On a referral to it in accordance with subsection (5) the Supreme Court shall either -

(a)	direct the approval of the law by the Minister; or

(b)	declare in what manner the proposed regional law -

(i)	conflicts with the Constitution; or

(ii)	is not made in compliance with section 26; or

(iii)	conflicts with an Act or Order;

and may give such directions as it may consider just and requisite.

(7)	Every regional law shall be made under the seal of the local government council which shall be affixed in the presence of the president, the secretary and one other member, all of whom shall sign the regional law.

PUBLICATION OF REGIONAL LAWS

29.	(1)	Every regional law shall be published by notification in the Gazette and issued as a supplement thereto and shall have the force of law in the local government region as from the date of such publication or if a later date is provided in such regional law, as from that date.

(2)	A copy of the supplement to the Gazette containing any regional law shall be evidence of the due making of such regional law and of the contents thereof.

(3)	A copy of all regional laws shall be deposited in the offices of the local government council and shall at all reasonable hours be open to public inspection without payment.

PENALTY IN REGIONAL LAW

30.	A regional law may provide that in respect of any contravention of or failure to comply with any of the provisions thereof the person convicted of such contravention or failure shall be liable to such fine, not exceeding VT20,000 or to such period of imprisonment, not exceeding 6 months, as may be therein provided or to both such fine and imprisonment.

PART IX
FINANCE

FINANCIAL YEAR

31.	The financial year of a local government council shall be a period of 12 calendar months commencing on 1 July.

DIVISION OF LOCAL GOVERNMENT COUNCIL BUDGET INTO RECURRENT AND EXTRAORDINARY PARTS

32.	(1)	The budget of a local government council shall be divided into a recurrent and an extraordinary part for both revenue and expenditure.

(2)	Items of revenue and expenditure which by their nature appear unlikely to recur each year shall be included in the extraordinary part of a local government council budget.

RECURRENT REVENUE OF LOCAL GOVERNMENT COUNCIL

33.	(1)	The recurrent revenue of a local government council shall consist of -

(a)	all local taxes lawfully levied by the local government council;

(b)	such part as the Minister may determine of any fees and charges payable in respect of licences and permits which have been lawfully issued or authorised for issue by the local government council, whether under this or any other Act;

(c)	all other fees, charges, rents and dues payable to or recoverable by the local government council or to which the local council is entitled under the provisions of this or any other law;

(d)	one-half of all fines imposed by a court of competent jurisdiction within the local government council in respect of any contravention of or failure to comply with the provisions of this Act or of any regional law in force in that local government region;

(e)	except as may be otherwise prescribed by the Minister, all charges or profits arising from any trade, service or undertaking carried on by the local government council in exercise of the powers vested in it;

(f)	interest on moneys invested by the local government council, except where other provision is made in respect thereof under the provisions of this or any other law;

(g)	all recurrent grants paid by the Government;

(h)	all rents from lands leased by the local government council;

(i)	such other revenues as the Minister responsible for finance may declare in writing to be revenues for the purposes of this section.

EXTRAORDINARY REVENUE

34.	(1)	The extraordinary revenue of a local government council shall consist of -

(a)	special grants paid to it by Government;

(b)	loans;

(c)	gifts and legacies;

(d)	proceeds from the sale of local government council property;

(e)	any other unusual or temporary income.

(2)	The Minister may after consultation with the Minister responsible for finance by Order provide for the method of calculation of any special grants or classes of special grants.

EXPENDITURE

35.	A local government council may, subject to the provisions of this or any other law expend moneys in the proper exercise of its duties and powers and in the proper performance of matters necessarily incidental thereto or arising therefrom, and for the purpose of meeting its lawful debts and obligations.

POWER TO RAISE LOANS

36.	(1)	A local government council may from time to time, with the consent of the Minister responsible for finance raise loans by way of mortgage, issue of stock, or any other method, in such amounts and on such conditions as the Minister responsible for finance in each case, may approve and all such loans shall be charged upon the revenues and assets of the local government council and shall rank equally without priority.

(2)	Any financial liability to the Government lawfully incurred by a local government council for the purpose of acquiring any interest in land or any works, schemes, undertakings or assets from the Government, and not discharged by immediate payment, shall be deemed to be a loan granted by the Government.

INVESTMENT OF FUNDS

37.	Any of the moneys of a local government council may be -

(a)	deposited in a bank approved in writing by the Minister responsible for finance;

(b)	invested in Vanuatu Government securities as provided for in the Central Bank of Vanuatu Act Cap. 125; or

(c)	in such other manner as the Minister responsible for finance may approve.

ANNUAL ESTIMATES

38.	(1)	Every local government council shall on a date which, in default of appointment by the Minister, is not later than 2 months before the commencement of the financial year, pass detailed estimates, in such form as the Minister after consultation with the Minister responsible for finance may approve, of the revenue and expenditure of the local government council for the ensuing year.

(2)	The estimates of a local government council shall be submitted to the Minister who, subject to the provisions of subsection (3) and after consultation with the Minister responsible for finance shall -

(a)	approve such estimates without amendment; or

(b)	disallow or amend any item or any part of any item therein which, in his opinion, is unlawful, excessive or unnecessary; or

(c)	disapprove such estimates.

(3)	The power of disallowance, amendment or disapproval conferred on the Minister by the provisions of subsection (2) shall not be exercised by the Minister until he has allowed the local government council the opportunity of making representations on any proposed disallowance, amendment or disapproval.

(4)	As soon as possible after the Minister has approved the estimates of the local government council, whether with or without amendment, a copy of such estimates shall be deposited in the office of the local government council and shall at all reasonable hours be open to public inspection without payment.

(5)	Where additional financial provision is required during the course of any year, supplementary estimates shall be passed, submitted and otherwise dealt with in the same manner as estimates.

(6)	A summary of the estimates and any supplementary estimates as approved by the Minister shall be recorded in the minutes of the local government council.

EXPENDITURE INCURRED NOT IN ACCORDANCE WITH ESTIMATES

39.	(1)	No expenditure shall be incurred by a local government council unless it can be properly charged to an item in the approved estimates or in approved supplementary estimates.

(2)	Subject to the provisions of any Order made under section 42 and notwithstanding the provisions of subsection (1) and section 38(5) a local government council may by resolution authorise the expenditure of not more than VT200,000 or 25 per cent, whichever is the less, of funds appropriated for any one purpose in approved estimates, on any other purpose therein contained:

Provided that no expenditure on such authorisation shall take place without the consent of the Minister -

(a)	for any purpose in respect of which provision has not been made in the approved estimates; or

(b)	for any purpose the proposed expenditure on which has been reduced by the Minister.

(3)	Notwithstanding the provisions of subsection (1), a local government council may -

(a)	prior to the approval of its estimates, authorise expenditure on recurrent items to an amount not exceeding half that provided in the approved estimates for the preceding year; and

(b)	prior to the approval of its estimates or of any supplementary estimates, grant to its officers, servants and employees any normal increase of salary or wages in accordance with approved scales.

PART X
ACCOUNTS AND AUDIT

ACCOUNTS

40.	(1)	A local government council shall cause proper books and accounts to be kept and true regular records entered therein of all financial transactions of the local government council.

(2)	Subject to any directions of the Minister, such books and accounts shall be kept in such form and by such method as the local government council may approve.

AUDIT

41.	(1)	A local government council may subject to the approval of the Auditor General appoint a fit and proper person to be the auditor of the local government council at such rate of remuneration as the local government council may determine for the purpose of auditing and reporting on the accounts of the local government council.

(2)	If the Auditor General so directs, a local government council shall reimburse to the Government such sum in respect of the Auditor General's expenses as the Minister may fix.

(3)	A local government council shall -

(a)	produce to the auditor within 3 months of the conclusion of the year to which they relate all the books and accounts of the local government council together with all deeds, contracts, documents, receipts and vouchers relating thereto;

(b)	permit the auditor to inspect all stores and other assets of the local government council as he may require; and

(c)	give to the auditor such information, explanation and facilities as he may require to be given to enable him to perform the duties of an auditor.

(4)	It shall be the duty of the auditor to report to a local government council not less than once in each year separately in respect of each of the following matters, that is to say, whether or not -

(a)	he has obtained all such information, explanation and facilities as he may have required to be given to enable him to perform the duties of an auditor;

(b)	the accounts of the local government council are in order and present a true view of the financial position of the local government council;

(c)	separate accounts of all undertakings and other accounts required to be kept by the provisions of this Act have been kept;

(d)	due provision has been made for redemption and repayment of all moneys borrowed by the local government council;

(e)	due provision has been made for depreciation or renewal of the assets of the local government council.

(5)	In addition to the report required under subsection (4) the auditor shall report to the Minister and to the local government council any matter or thing which is discovered during the course of the audit and which appears to have been done or performed without due authority.

(6)	The Secretary shall -

(a)	within 30 days of the receipt of the auditor's report on the accounts of the local government council for any year submit the accounts together with such report to the Minister; and

(b)	lay the accounts of the local government council for each year together with the auditor's report thereon before the local government council within 30 days of the receipt of such report, or if the council is not sitting, at its next meeting. Thereafter such extracts from such accounts and such reports as the Minister may approve shall be deposited in the office of the local government council and shall at all reasonable hours be open to public inspection without payment.

FINANCIAL AND TENDER BOARD ORDERS

42.	(1)	The Minister after consultation with the Minister responsible for finance may make Orders not inconsistent with any of the provisions of this Act for the purpose of -

(a)	controlling and managing the financial business of local government councils;

(b)	regulating the procedure and duties of the treasurers, and accounting staff of local government councils;

(c)	providing for the receipt, safe-handling, recording, safe custody and disposal of cash or stores;

(d)	empowering local government councils to surcharge members of their staff responsible for loss of money or loss of or damage to stores and providing for the manner in which surcharges shall be made;

(e)	regulating the procedure for dealing with tenders; requiring contracts made by local government councils to be in accordance with such Orders and in particular requiring in the case of contracts for the supply of goods or materials or for the execution of works to the value of VT150,000 or more or such higher minimum value as the Minister may specify that notice of the intention of the council to enter into the contract shall be published and tenders invited and regulating the manner in which such notice shall be published and such tenders accepted; and

(f)	generally carrying out the provisions of Part IX and putting this Part into effect.

(2)	Orders made under this section may be applied either to local government councils generally or with respect to a particular local government council and shall be observed and obeyed by the local government council to which they apply.

PART XI
MISCELLANEOUS

REPRESENTATION OF A LOCAL GOVERNMENT COUNCIL IN COURT

43.	(1)	In any prosecution by or on behalf of a local government council the local government council may, subject to any directions of the Public Prosecutor be represented by the secretary or any officer of the local government council authorised by him in writing so to do.

(2)	Where a local government council is a party to any civil cause or matter the local government council may be represented by the secretary.

INDEMNITY OF COUNCILLORS AND OTHER PERSONS

44.	No act, matter or thing done or omitted by -

(a)	any member of a local government council;

(b)	any officer or other person in the service of a local government council; or

(c)	by any person acting under the directions a local government council;

shall if such act, matter or thing was done in good faith in the execution of his duty, render any such councillor, officer or person personally liable to any action, liability, claim or demand whatever.

GENERAL PENALTY

45.	(1)	Any person who contravenes or fails to comply with any of the provisions of this Act or of any Order made hereunder shall be guilty of an offence and, except where any other penalty is specifically provided, shall be liable on conviction to a fine not exceeding VT20,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

(2)	Where any person is convicted of an offence under the provisions of subsection (1) and where such offence consists of -

(a)	failing to obtain a licence or permit; or

(b)	contravening or failing to comply with any condition, subject to which a licence or permit has been issued to such person; under the provisions of this Act or of any regional law or any Order made hereunder, the court may, in addition to or in substitution for any other penalty which it may impose, cancel the licence or permit in respect of which such offence was committed and may order that such person shall for a period not exceeding 12 months from the date of such conviction, be disqualified from holding or obtaining any such licence or permit.

EXCLUSION OF MUNICIPALITIES

46.	This Act shall not apply to or within the boundaries of any municipality which shall be considered not to be part of any local government region.

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SCHEDULE

(Sections 23)
PART 1-DUTIES AND POWERS

A.	Direct duties and powers

(a)	Location, construction and maintenance of -

(i)	schools;

(ii)	clinics, dispensaries, health and inoculation centres;

(iii)	bridges;

(iv)	roads not the responsibility of the Government or a municipality;

(v)	water supplies;

(vi)	wharves and jetties;

(vii)	markets;

(vii)	libraries, museums and cultural centres.

(b)	Regulation and control of markets.

(c)	Licensing of cinemas.

(d)	Licensing of premises for the sale of alcoholic liquor. Such power shall not extend to the licensing of the sale of alcoholic liquor at aerodromes, on board ships or boats or on board aircraft.

(e)	Supervision and control of area and village councils.

(f)	Control of dogs, pigs and other livestock.

(g)	Subject to restriction on their number by the Minister, the making of public holidays in the local government region.

(h)	Licensing of taxi boats and, except for those local government councils administering the Islands of Efate and Espiritu Santo, the licensing of bus and taxi services which are established in and carry on business from the local government region.

(i)	Subject to any Act or Order made thereunder, the supervision and control of fishing within the local government region and seaward for 6 nautical miles from the low water line of any sea shore of the local government region.

(j)	Provision of information services.

(k)	Provision of clerical staff for village courts.

B.	Indirect duties and powers

(a)	Levying and collection of the following local taxes in accordance with orders made by local government councils after consultation with the Minister and subject to the limits and conditions contained in Part 2 of this Schedule and to Acts of Parliament -

(i)	road tax;

(ii)	liquor licensing tax;

(iii)	business licence tax;

(iv)	dog tax;

(v)	cinema tax;

(vi)	entertainment tax other than cinema tax;

(vii)	gaming and lottery tax.

(b)	Presentation and implementation of regional development plans;

(c)	Social development particularly of women and youth;

(d)	Organisation and encouragement of sport and other leisure time recreations;

(e)	Provision of rural radio services;

(f)	Allocation in co-operation with the Government of agricultural priority areas;

(g)	Provision of agricultural extension services;

(h)	Control of vehicular traffic;

(i)	Registration of births, deaths and marriages;

(j)	Maintenance of electoral rolls;

(k)	Supervision of co-operative societies;

(l)	Public health;

(m)	Location and maintenance of secondary airfields.

PART 2-LIMITS AND CONDITIONS RELATING TO LOCAL TAXES

(a)	HEAD TAX

(i)	Head tax shall not be more than VT2,500.

(ii)	Head tax shall be payable annually.

(iii)	Any person of or above the age of 18 years and not above the age of 60 years shall on 1 July in every year become liable unless generally or specifically exempted to pay head tax imposed by the local government council of the local government region in which he is ordinarily resident on that date.

(iv)	Any person liable to pay head tax in accordance with paragraph (iii) and who fails to do so by 31 October in the year it is due shall be liable to pay the local government council in addition to the tax due a surcharge calculated at a maximum rate of 50 per cent of the tax due.

(v)	A person who produces to the treasurer of a local government council or an officer acting on his behalf a valid receipt of another local government council in evidence of payment of head tax for the current year shall not be liable to pay head tax to the former local government council.

(vi)	A local government council may exempt persons from payment of head tax or a part thereof by reason of poverty or for any other good reasons.

(vii)	A head tax may be at a different rate for men and women.

(viii)	Notices requiring payment of head tax shall be given by 1 June in respect of tax for 1 July next except in the case of a person who becomes ordinarily resident in a local government region between 1 June and 1 July when the notice shall be given as soon as practicable but not later than 31 July after the person liable has become ordinarily resident.

(ix)	A local government council shall give every person who pays head tax a receipt showing the amount paid, the year in respect of which payment has been made and the date of payment.

(x)	If a person fails to pay head tax to which he is liable the local government council may recover the tax due including any surcharge as a civil debt together with costs and in addition the court may impose a penalty in accordance with section 45.

(b)	LIQUOR LICENSING TAX

(i)	Until such time as a local government council makes a regional law for liquor licensing, the licences provided for in the Liquor Licensing Act, Cap. 52 shall be issued in a local government region by the treasurer of the local government council and the license fees payable in respect thereof shall be paid to the local government council in lieu of liquor licensing tax.

(ii)	When a local government council has made a regional law replacing the Liquor Licensing Act, Cap. 52 the following limit and conditions shall apply to liquor licensing tax -

(a)	liquor licensing tax shall be a maximum of VT100,000 per annum;

(b)	it shall be payable when licences for liquor trading are renewed;

(c)	it shall be recoverable as a civil debt together with costs.

(c)	BUSINESS LICENCE TAX

(i)	Local government councils shall issue the business licences provided for in the Business Licence Act, Cap. 173 and any amendment thereof. For that purpose the local government council administering the local government region where premises, for which a licence is required, are situate shall be substituted for the Government in the Act.

(ii)	Licences shall be issued by the treasurer of the local government council who shall receive on behalf of the local government council the fees provided for under the Business Licence Act, Cap. 173 and any amendment thereof.

(iii)	For the purpose of this Act the business licence fees shall be known as business licence tax.

(d)	DOG TAX

(i)	Dog tax shall be a maximum of VT200 payable by the owner for each dog kept, and a maximum of VT500 for each unspeyed bitch kept.

(ii)	Dog tax shall be payable annually.

(iii)	Dog tax shall be recoverable as a civil debt together with costs.

(e)	CINEMA TAX

(i)	Cinema tax shall be payable by persons who show films for payment in respect of payments taken for the showing of such films.

(ii)	Cinema tax shall be at the maximum rate of 10 per cent of the charge made to each person.

(iii)	Provision may be made in an order made by a local government council for the production of receipt books and accounts of persons liable to pay the tax;

(iv)	Cinema tax shall be recoverable as a civil debt together with costs.

(f)	ENTERTAINMENT TAX

(i)	Entertainment tax shall be payable by persons who provide entertainment including dances, musical shows, boxing and other sports for payment, in respect of payments taken for the provision of such entertainment.

(ii)	Entertainment tax shall be at the maximum rate of 10 per cent of the charge made to each person.

(iii)	Provision may be made in an order made by a local government council for the production of receipt books and accounts of persons liable to pay the tax.

(g)	GAMING AND LOTTERY TAX

(i)	The power to provide for a gaming and lottery tax shall be subject to any Act or Order made thereunder.

(ii)	Gaming and lottery tax shall be either -

(a)	a fixed rate tax of a maximum of VT5,000 payable in respect of each lottery or raffle; or

(b)	an annual tax of a maximum of V124,000 payable by the proprietor of premises used for games of chance or for gaming machines.

(iii)	The annual tax shall be recoverable as a civil debt together with costs.

(iii)	This tax will be in addition to any tax leviable by the Central Government under Act of Parliament on the takings or profits of any casino or other place where games of chance are played.

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[Subsidiary]

SUBSIDIARY LEGISLATION

LOCAL GOVERNMENT COUNCIL ELECTION RULES

Order 61 of 1982

ARRANGEMENT OF RULES

RULES
PART I
Interpretation

1.	Interpretation

PART II
Candidates for Election

2.	Disqualification for election
3.	Eligibility of candidates
4.	Declaration of candidature
5.	Declaration of invalidity of candidature by the Minister
6.	Resubmission of declaration of candidature by candidates
7.	Publication of lists of candidates

PART III
Election of Members of a Local Government Council

8.	Declaration of election without a poll and notice of new poll
9.	Returning officers
10.	Electoral rolls to be in polling stations and voters only to vote if therein and have electoral cards
11.	Persons not entitled to vote
12.	Polls to be secret and electors to vote once for one candidate
13.	Proxy vote
14.	Suspension and stopping of poll
15.	Display and locking of ballot boxes
16.	Method of voting and procedures
17.	Publication of results

PART IV
Election Reports

18.	Report by the Principal Electoral Officer

PART V
Election of Presidents and Deputy Presidents

19.	Election of presidents and deputy presidents and method of election
20.	Officers of councils to be honorary
21.	Election procedure
22.	Notice of election of president or deputy president
23.	Notification of results
24.	Challenge of elections
25.	Resignation of president or deputy president
26.	Eligibility to hold office of president or deputy president
27.	Term of office of presidents and deputy presidents

PART VI
Corrupt Practices

28.	Personation
29.	Bribery
30.	Treating
31.	Undue influence
32.	Penalty for corrupt practices

PART VII
Election Petitions

33.	Election Disputes Committee
34.	Elections only to be challenged under these rules
35.	Persons who may present election petitions
36.	Petitions only valid if deposit made
37.	Time for presentation of petitions
38.	Election petitions to be in writing and copies to be served on affected persons
39.	Proceedings of Election Disputes Committee
40.	Decision of Election Disputes Committee
41.	Grounds for declaring election void
42.	Examination of votes casts
43.	Communication of decision of Election Disputes Committee and appeals
44.	Reports to Public Prosecutor
45.	No person required to reveal his vote
46.	Savings when election declared void
47.	Disposal of reports and documents

SCHEDULE 1
Part 1- Declaration of candidature
Part 2- Receipt

SCHEDULE 2

Part 1- Rules for voting by proxy
Part 2- Form B: Proxy form

SCHEDULE 3
Election of candidates rules

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[Subsidiary]

SUBSIDIARY LEGISLATION

LOCAL GOVERNMENT COUNCIL ELECTIONS RULES

To prescribe rules for local government council elections.

PART I
INTERPRETATION

INTERPRETATION

1.	In these rules, unless the context otherwise requires -

"Act" means the Decentralisation Act, Cap. 127;

"election" includes a by-election;

"electoral officer" means the Principal Electoral Officer and officers of the Electoral Office; a registration officer; an assistant registration officer; a returning officer or a polling clerk;

"polling day" means the day fixed for an election or the commencement of an election in accordance with section 8(2)(a) of the Act;

"ward" means an area council division of a local government region as declared under section 3 of the Act.

PART II
CANDIDATES FOR ELECTION

DISQUALIFICATION FOR ELECTION

2.	A person shall be disqualified for election or appointment as a member of a local government council if he -

(a)	is a member of Parliament;

(b)	is disqualified from being a member of Parliament;

(c)	is in the service of the local government council.

ELIGIBILITY OF CANDIDATES

3.	Subject to rule 2 a person shall be eligible to stand as a candidate for election to a local government council if he -

(a)	is a citizen of Vanuatu;

(b)	is registered as an elector in the local government region in which he is a candidate;

(c)	is not disqualified from voting;

(d)	has not received a sentence including a suspended sentence of a term or terms of imprisonment which has not ended;

(e)	is not an undischarged bankrupt; and

(f)	has attained 21 years of age.

DECLARATION OF CANDIDATURE

4.	(1)	Not later than the date fixed for the return of candidature, every candidate for election shall lodge with the electoral officer -

(a)	a declaration of candidature signed by him in the form and containing the particulars provided for in Part 1 of Schedule 1 which shall include a declaration that the candidate is eligible as provided for in rule 3;

(b)	2 full face photographs of himself;

(c)	except for a candidate sponsored by a political party having a symbol approved by the Minister an illustration on paper of his personal electoral symbol.

(2)	A declaration of candidature shall also contain the signatures of not less than five sponsors being persons registered to vote in the local government region of the candidate and not being related to the candidate.

(3)	No person may lodge a declaration of his own candidature -

(a)	for more than 1 ward; or

(b)	in the case of a by-election if he is a member of the local government council.

(4)	The electoral officer who receives a declaration of candidature shall give a receipt to the candidate in the form contained in Part 2 of Schedule 1 and forward the declaration immediately to the Electoral Office.

(5)	The Principal Electoral Officer shall within 24 hours of the day declared by the Minister under subrule (1) make a list of the candidates named in declarations of candidature received by the Electoral Office and send copies to the Minister.

(6)	The Principal Electoral Officer shall send with the list referred to in subrule (5) such comments on the validity of the candidature of any person named in the list as he shall consider fit.

DECLARATION OF INVALIDITY OF CANDIDATURE BY THE MASTER

5.	(1)	When a declaration of candidature has been delivered in compliance with rule 4 the candidate shall stand sponsored for election unless and until the Minister declares his candidature invalid or evidence is given to his satisfaction that the candidate has died, or the candidate has withdrawn by notice in writing given to the Electoral Office.

(2)	The Minister shall only declare a candidature invalid on the following grounds -

(a)	the candidate or his sponsors do not have the necessary qualifications or are disqualified; or

(b)	the declaration of candidature is not sponsored as provided in rule 4(2).

(3)	Where the Minister decides that a candidature is invalid he shall so endorse the declaration of candidature giving reasons for the decisions.

RESUBMISSION OF DECLARATION OF CANDIDATURE BY CANDIDATES

6.	(1)	Notwithstanding the provisions of rule 7 the Minister shall, where he considers that a declaration of candidature is invalid by reason of a bona fide error, not less than 14 days before polling day request the candidate to resubmit a valid declaration within 72 hours after such request.

(2)	Where a declaration of candidature sponsored by a political party is declared invalid by the Minister or a candidate dies not less than 14 days before polling day another candidate sponsored by the same party may lodge a declaration of candidature provided that he does so within 72 hours of the declaration or death.

PUBLICATION OF LISTS OF CANDIDATES

7.	A list of candidates shall be displayed at -

(a)	the offices of the local government council or, where such offices are not yet in existence, the office of the District Commissioner;

(b)	the Parliament building;

(c)	the office of the Minister;

(d)	the Electoral Office; and

(e)	such other places in the local government region as the Minister may direct, for not less than 14 days before polling day except in the case of new or re-submitted candidatures under rule 6 where the period shall be not less than 9 days.

PART III
ELECTION OF MEMBERS OF A LOCAL GOVERNMENT COUNCIL

DECLARATION OF ELECTION WITHOUT A POLL AND NOTICE OF NEW POLL

8.	(1)	If at the close of or at any time after the close of the period for declaration of candidature the number of candidates in any ward is not more than the number of members to be elected the Principal Electoral Officer shall so report to the Minister who shall declare the candidates elected without a poll.

(2)	If the number of candidates is less than the number of members to be elected the Minister shall when he declares the number of candidates elected declare the number of seats vacant.

(3)	The Minister shall within 30 days after the declaration referred to in subrule (2) and after consultation with the Principal Electoral Officer fix the date of an election for the seats declared vacant.

(4)	If the number of candidates exceeds the number of members to be elected a poll shall be taken in accordance with this Part and without undue delay after the closing of the list of candidates the electoral officer shall publish a notice stating -

(a)	the names of the candidates;

(b)	the hours of polling;

(c)	the situation of each polling station;

(d)	sufficient information to enable voters to know which polling station they are required to vote at;

(e)	any other information that may be prescribed.

RETURNING OFFICERS

9.	Every polling station shall be presided over by a returning office appointed for that purpose by the electoral officer.

ELECTORAL ROLLS TO BE IN POLLING STATIONS AND VOTERS ONLY TO VOTE IF THEREIN AND HAVE ELECTORAL CARDS

10.	(1)	During voting a copy of the electoral roll shall be kept in every polling station.

(2)	No person may vote unless his name is contained in the roll of electors of the polling station at which he presents himself for voting, and he produces a valid electoral card issued to him.

PERSONS NOT ENTITLED TO VOTE

11.	Persons detained in a mental hospital in accordance with the law shall not be entitled to vote whether or not their names may be on an electoral roll.

POLLS TO BE SECRET AND ELECTORS TO VOTE ONCE FOR ONE CANDIDATE

12.	(1)	A poll shall be taken by secret ballot.

(2)	Subject to rule 13, no person shall have more than 1 vote nor vote for more than one candidate.

PROXY VOTE

13.	A person may vote by proxy in the circumstances and in the manner provided for in Schedule 2.

SUSPENSION AND STOPPING OF POLL

14.	(1)	Where polling is interrupted at a polling station in such circumstances that in the opinion of the returning officer, it is temporarily impossible to continue he may suspend the poll and recommence it when he considers polling may continue undisturbed.

(2)	Where there has been suspension and reopening in accordance with subrule (1) polling shall continue after the time fixed for ending the poll for the period of the suspension unless the returning officer is satisfied that every elector on the roll has cast his vote.

(3)	When circumstances arise which in the opinion of a returning officer make it impossible to continue with a poll within a reasonable time whether or not polling has already been suspended under subrule (1) he shall declare the poll stopped and inform the Principal Electoral Officer of the declaration who shall immediately forward a report thereon with any comment he may have to the Minister.

(4)	When a poll has been stopped under subrule (3) all proceedings before the declaration shall be annulled by the Minister by Order either -

(a)	in every polling station in the relevant ward if the result in the ward as a whole could be affected by the addition of the votes of voters of the polling district where the poll has been stopped; or

(b)	in the polling station where the poll has been stopped only if the results in the relevant ward as a whole could not be materially affected by the addition of the votes of voters of the polling district where the poll has been stopped;

and in either case the Minister shall in the Order fix a new day and time for polling and a new poll shall be held.

(5)	If in the opinion of the returning officer and not less than one polling clerk not later than half an hour before the time fixed for polling to close the number of voters waiting will not be able to vote in that time he may extend the time to the close of the poll by 1 hour and shall record the extension in his report under paragraph 19 of Schedule 3.

(6)	The returning officer may close the polling station when all the voters on the roll have voted but the counting of votes shall not start earlier than 1 hour before the time fixed for the end of polling.

DISPLAY AND LOCKING OF BALLOT BOXES

15.	Immediately before the commencement of a poll the returning officer shall show the interior of the ballot box to those lawfully present in the polling station and then lock the box with 2 padlocks having different keys and shall retain the key of one and give the other to a polling clerk.

METHOD OF VOTING AND PROCEDURES

16.	The method of voting, procedures to be observed during polls, and the manner of counting votes and declaring the election of candidates shall be in accordance with the provisions of Schedule 3.

PUBLICATION OF RESULTS

17.	As soon as practicable after an election the Minister shall cause the results to be published in each ward in such manner as he considers appropriate and in the Gazette.

PART IV
ELECTION REPORTS

REPORT BY THE PRINCIPAL ELECTORAL OFFICER

18.	After an election the Principal Electoral Officer shall make a report to the Minister with regard to the conduct of the election in the local government region and shall forward with the report -

(a)	a copy of each report received in accordance with paragraph 19 of Schedule 3; and

(b)	his comments thereon.

PART V
ELECTION OF PRESIDENTS AND DEPUTY PRESIDENTS

ELECTION OF PRESIDENTS AND DEPUTY PRESIDENTS AND METHOD OF ELECTION

19.	(1)	Each local government council shall elect by secret ballot from among its members a president and a deputy president.

(2)	The candidate who gains the votes of a majority of the members of the council shall be elected.

(3)	Where two or more candidates gain the same number of votes the older shall be considered elected.

(4)	The Minister may at the request of or after consultation with a local government council, authorise the creation of one or more additional offices of deputy president.

OFFICERS OF COUNCILS TO BE HONORARY

20.	The president, deputy presidents and councillors of every local government council shall carry out their duties without remuneration:

Provided that, with the approval of the Minister, duty allowances may be authorised by a local government council and paid from the council budget. Presidents, deputy presidents and councillors shall be entitled when due occasion arises to reimbursement of any necessary expenditure incurred in the carrying out of special duties.

ELECTION PROCEDURE

21.	The meeting at which the election of the president takes place shall be presided over by a deputy president. If there is no deputy president the oldest person not being a candidate shall preside.

NOTICE OF ELECTION OF PRESIDENT OR DEPUTY PRESIDENT

22.	Notice of the election of a president or deputy president shall be given to members of the council not less than 3 days before the election is due to take place.

NOTIFICATION OF RESULTS

23.	The results of the election of a president or deputy president shall be published by means of a public notice affixed in a prominent place near the main entrance of the council office within 24 hours of its taking place and shall, within the same period, be notified to the Minister.

CHALLENGE OF ELECTIONS

24.	The election of president and deputy presidents may be challenged in the same manner and within the period prescribed for objections concerning the elections of the members of the council. The period allowed for the admission of objections shall commence 1 clear day after the date of election.

RESIGNATION OF PRESIDENT OR DEPUTY PRESIDENT

25.	(1)	A president or deputy president may resign his office by notice in writing signed by him and delivered to the secretary of the council.

(2)	A notice of resignation shall be delivered to the secretary of the council not later than 14 days before such resignation is to take effect.

(3)	Two weeks after receipt of such notice of resignation of a president or deputy president, a meeting of the council shall be convened to elect a new president or deputy president.

ELIGIBILITY TO HOLD OFFICE OF PRESIDENT OR DEPUTY PRESIDENT

26.	Only persons elected to be members of the local government council may hold the office of president or deputy president or temporarily carry out the duties thereof.

TERM OF OFFICE OF PRESIDENTS AND DEPUTY PRESIDENTS

27.	(1)	Subject to rule 25, all presidents and deputy presidents shall hold office until the end of 1 year from the date of their election or until the dissolution of the council whichever occurs earlier.

(2)	At the end of the term of office of a president and/or a deputy president a meeting of the council shall be convened to elect a new president and/or deputy president in accordance with rules 19, 21 and 22.

(3)	Presidents and deputy presidents who have completed a term of office shall be eligible for re-election to these offices.

PART VI
CORRUPT PRACTICES

PERSONATION

28.	A person commits the offence of personation if he -

(a)	except when voting as a proxy, votes as some other person whether that other person is living or dead or is a fictitious person; or

(b)	votes as proxy for a person whom he knows or has reasonable grounds for supposing to be dead or a fictitious person.

BRIBERY

29.	(1)	A person commits the offence of bribery -

(a)	if he directly or indirectly by himself or by other person -

(i)	gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting;

(ii)	corruptly does any such act on account of any voter having voted or refrained from voting; or

(iii)	makes any such gift or procurement to or for any person in order to induce that person to procure, or endeavour to procure, the election of any candidate or the vote of any voter;

or if upon or in consequence of any such gift or procurement he procures or engages, promises or endeavours to procure the election of any candidate or the vote of any voter;

(b)	if he advances or pays any money or causes any money to be paid to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election or knowingly pays any money or causes any money to be paid to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;

(c)	if before or during an election he directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration or any office, place or employment for himself or for any other person for voting or agreeing to vote or from refraining or agreeing to refrain from voting;

(d)	if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(2)	For the purposes of subrule (1) -

(a)	references to giving money include references to giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure any money or valuable consideration:

(b)	references to procuring office include references to giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure any office, place or employment.

TREATING

30.	A person commits the offence of treating -

(a)	if he corruptly by himself or by any other person either before, during or after an election directly or indirectly gives or provides or pays wholly or in part the expenses of giving or providing any food, drink or entertainment to or for any person -

(i)	for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(ii)	on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting;

(b)	if he corruptly accepts or takes food, drink or entertainment offered in the circumstances and for the purpose mentioned in paragraph (a) of this rule.

UNDUE INFLUENCE

31.	A person commits the offence of undue influence if -

(a)	he directly or indirectly by himself or by any other person on his behalf -

(i)	makes use of or threatens to make use of any force, violence or restraint; or

(ii)	inflicts or threatens to inflict by himself or by any other person any temporal or spiritual injury, damage, harm or loss upon or against any person, in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b)	by abduction, duress or any fraudulent device or contrivance he impedes or prevents the free exercise of the franchise of a voter, or thereby compels, induces or prevails upon a voter either to vote or to refrain from voting.

PENALTY FOR CORRUPT PRACTICES

32.	(1)	The offences of personation, bribery, treating and undue influence are corrupt practices for the purposes of these rules.

(2)	A person convicted of a corrupt practice shall be liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 5 years or to both.

PART VII
ELECTION PETITIONS

ELECTION DISPUTES COMMITTEE

33.	(1)	There shall be an Election Disputes Committee which shall consist of not more than six and not less than four members, one of whom shall be the chairman who shall be appointed by the Minister by notice published in the Gazette.

(2)	The Minister may replace a member who is unable to carry out his duties or ceases to be qualified or fill any vacancy.

(3)	When appointing the Election Disputes Committee the Minister may make such stipulations, not inconsistent with these rules, as he may consider appropriate concerning the functions of the Committee.

(4)	The names of the members of the Election Disputes Committee together with the address of the Committee for service of Petitions shall be published in the Gazette.

ELECTIONS ONLY TO BE CHALLENGED UNDER THESE RULES

34.	(1)	The validity of any election to the local government council may be questioned by a petition brought for that purpose under these rules and not otherwise.

(2)	Every election petition shall be heard by the Election Disputes Committee.

PERSONS WHO MAY PRESENT ELECTION PETITIONS

35.	An election petition may be presented by one or more of the following -

(a)	a person who is registered to vote at the election to which the petition relates;

(b)	a person claiming himself to have been a candidate at such election.

PETITIONS ONLY VALID IF DEPOSIT MADE

36.	(1)	The presentation of an election petition shall not be valid unless within the time specified in rule 37, the person seeking to present the same lodges with the Election Disputes Committee a deposit of VT100,000 as security for costs.

(2)	Subject to subrule (3) a deposit made under subrule (1) shall be returned to the petitioner after the petition has been heard.

(3)	The Election Disputes Committee may deduct from a deposit made under subrule (1), the amount of any costs ordered to be paid.

TIME FOR PRESENTATION OF PETITIONS

37.	(1)	Subject to subrule (2) an election petition shall be presented within 21 days of the publication in the Gazette of the results of the election to which the petition relates.

(2)	If a petition alleges a specific payment of money or other reward after an election by or on the account of a person whose election is disputed, the petition may be presented within 21 days of the alleged payment.

(3)	The time limit provided for in this rule shall not be extended.

ELECTION PETITIONS TO BE IN WRITING AND COPIES TO BE SERVED ON AFFECTED PERSONS

38.	(1)	An election petition shall be in writing and shall specify the ground or grounds upon which an election is disputed.

(2)	The Election Disputes Committee shall cause a copy of each election petition to be served on any person whose election may be affected by the petition and allow such person a reasonable time in which to make any submissions in writing on the hearing of the petition.

PROCEEDINGS OF ELECTION DISPUTES COMMITTEE

39.	(1)	The members of the Election Disputes Committee may make such rules or decisions not inconsistent with these rules or any other law and any stipulations or decisions made pursuant to rule 33(3) concerning the conduct of proceedings before them, the times and places of their meetings and adjournment thereof as they shall consider proper.

(2)	The proceedings of the Committee shall be conducted in English, French or Bislama according to the choice of the petitioner and interpreters shall be provided by the Committee.

(3)	The proceedings of the Committee shall be recorded in writing.

(4)	Persons may be represented before the Committee by counsel.

(5)	No person appearing before the Committee shall be bound to incriminate himself and all such persons shall be entitled to the privileges accorded to a witness appearing before the Supreme Court.

DECISIONS OF ELECTION DISPUTES COMMITTEE

40.	(1)	On hearing a petition the Election Disputes Committee may -

(a)	declare the election to which the petition relates is void;

(b)	declare a candidate other than the person whose election is questioned was duly elected; or

(c)	dismiss the petition and declare the person whose election is questioned was duly elected.

(2)	The Election Disputes Committee may make such orders as to the payment of costs by any person appearing before it as it may deem fit.

GROUNDS FOR DECLARING ELECTION VOID

41.	(1)	The election of a candidate may be declared void on an election petition if it is proved to the satisfaction of the Election Disputes Committee, that -

(a)	bribery, treating, undue influence or other misconduct or circumstances whether similar to those hereinbefore enumerated or not, have so extensively prevailed that they may be reasonably supposed to have affected the result of the election;

(b)	there has been such non-compliance with the provisions of these rules in the conduct of polling or in any other matter that such non-compliance affected the result of the election;

(c)	the candidate was at the time of his election a person not qualified or disqualified for election; or

(d)	there was such irregularity in the counting of the votes as may reasonably be supposed to have affected the result of the election.

(2)	The election of a candidate shall be declared void if he is convicted by a competent Court of committing a corrupt practice or of attempting or conspiring to commit a corrupt practice.

(3)	Notwithstanding the provisions of subrule (1) -

(a)	where upon the hearing of an election petition the Election Disputes Committee finds that any agent of a candidate has been guilty of a corrupt practice and the Election Disputes Committee further finds that the candidate has proved to the Election Disputes Committee that -

(i)	no corrupt practice was committed by the candidate himself or with his knowledge or consent or approval;

(ii)	the candidate took all reasonable means for preventing the commission of corrupt practices at such election; and

(iii)	in all other respects the election was free from any corrupt practice on the part of the candidate;

(iv)	such corrupt practices did not affect the result of the elections;

then, if the Election Disputes Committee so recommends, the election of such candidate shall not by reason of any such practice be void.

(b)	Where upon the hearing of an election petition the Election Disputes Committee finds that there has been failure to comply with any provision of these rules but the Election Disputes Committee further finds, that it is satisfied that the election was conducted in accordance with the principles laid down in these rules and that such failure did not affect the result of the election, the election of the successful candidate shall not, by reason of such failure, be void.

EXAMINATION OF VOTES CAST

42.	When on an election petition the election is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes the Election Disputes Committee may direct an examination of the counted and void votes and of the counting of votes.

COMMUNICATION OF DECISION OF ELECTION DISPUTES COMMITTEE AND APPEALS

43.	(1)	The decisions of the Election Disputes Committee shall be communicated without delay to the petitioner and all persons whose election is subject to such petition.

(2)	Any person referred to in subrule (1) may within 14 days of such decision or such further time as the Supreme Court may allow appeal to that Court in writing giving brief reasons for his appeal.

(3)	After consideration of the written appeal and of the record of the proceedings before the Election Disputes Committee the Supreme Court may either dismiss the appeal summarily or give the other persons affected by the appeal an opportunity to lodge replies to it and fix a date to hear the appeal.

(4)	Any decision of the Supreme Court on an appeal whether a summary dismissal or a decision after a hearing shall be final.

(5)	The Supreme Court may make rules of procedure to be observed in relation to appeals to it under this rule.

(5)	The Election Disputes Committee forthwith after the end of a period of 14 days after its decision, or in the case of an appeal the Supreme Court forthwith after its decision, shall inform the Minister thereof who shall take all proper measures to effect it and shall inform the Council of Ministers of the decision.

REPORTS TO PUBLIC PROSECUTOR

44.	The Election Disputes Committee or if an appeal from its decision is made the Supreme Court shall if in its opinion anyone has committed an offence of a corrupt practice in connection with an election to which a petition heard by it relates, send a written report in respect thereof to the Public Prosecutor.

NO PERSON REQUIRED TO REVEAL HIS VOTE

45.	No person who has voted in an election shall in any proceedings be required to state for whom he has voted.

SAVINGS WHEN ELECTION DECLARED VOID

46.	Where on an election petition the election of a member of the local government council is declared void nothing done by him prior to such declaration either as a member of the local government council or in an office for which membership of the council is a qualification shall be thereby invalidated.

DISPOSAL OF REPORTS AND DOCUMENTS

47.	(1)	Subject to subrule (2) the Electoral Office shall retain for not less than 1 year all reports sent to it in accordance with these rules and all documents sent therewith including packets of counted and void votes.

(2)	Documents relating to an election in respect of which an election petition or any legal proceedings have been commenced shall not be destroyed until the proceedings have ended.

(3)	The Supreme Court when hearing an election petition or any court trying a person for any corrupt practice may make an order that any document retained by the Electoral Office shall be inspected, copied or produced at such time and place subject to such conditions as it thinks fit.

(4)	No order shall be made under subrule (3) unless the Court is satisfied that inspection, copying, or production is essential for the hearing of a charge of a corrupt practice or the hearing of an election petition.

(5)	Except as provided by subrule (3) no person may inspect or copy any document retained by the Electoral Office under these rules.

SCHEDULE 1

(Rule 4(1)(a))
PART 1
DECLARATION OF CANDIDATURE

To the electoral officer for .................................................................................... district

I, ......................................................... (name) of .............................…........................
being a citizen of Vanuatu and aged 21 or more

HEREBY DECLARE

1.	myself as a candidate for election to the........................................................... local
government council as representative for ....................................................... ward;

2.	that I am registered in the electoral roll for .................................................. Polling District, electoral card no. ..............................

3.	that I am not disqualified from voting;

4.	that I am not serving a sentence of imprisonment or have not received a suspended sentence of imprisonment where the period of suspension has not ended;

5.	that I am not an undischarged bankrupt;

6.	that my occupation/profession is ..............................................................................

DATE ............................	SIGNATURE OF CANDIDATE ...............................

________________________________________________________________________

NOTES

1.	When this form is completed (including the sponsorship details overleaf) it should be returned to the electoral officer of the district in which the election is to be held.
2.	Please attach to this form -

(a)	Two passport sized photographs of yourself (not colour photos);

(b)	An illustration on paper of your personal electoral symbol unless you are sponsored by a political party with an approved symbol.

_____________________________

SPONSORS OF CANDIDATE

1.	NAME ............................……………	ADDRESS .......................................
OCCUPATION ........................................	ELECTORAL CARD NO. ..............
SIGNATURE ...................................

________________________________________________________________________
2.

________________________________________________________________________
3.

________________________________________________________________________
4.

________________________________________________________________________

5.

________________________________________________________________________

NOTE

Sponsors must be registered as electors in the municipality of the candidate and must not be related to him.

__________________________________-

SPONSORS OF CANDIDATE

1.	NAME ............................……………	ADDRESS .......................................
OCCUPATION ........................................	ELECTORAL CARD NO. ..............
SIGNATURE ...................................

________________________________________________________________________
2.

________________________________________________________________________
3.

________________________________________________________________________
4.

________________________________________________________________________

5.

________________________________________________________________________

NOTE

Sponsors must be registered as electors in the municipality of the candidate and must not be related to him.

_____________________________

SCHEDULE 1

(Rule 4(4))

PART 2
Local Government Council Elections Rules

RECEIPT

Received from Mr/Mrs/Miss ..................................................this ......................... day of ................................... 19 ............... a declaration of candidature for the election of members of the local government council of ........................................ to be held on the ......................... day of ................................... 19 .............

Signed: .............................................................

Electoral Officers for ................................ District

---------------------------------------

SCHEDULE 2

(Rule 13)

Local Government Council Elections Rules

PART 1
RULES FOR VOTING BY PROXY

ARRANGEMENT OF RULES

1.	Application to vote by proxy
2.	Decisions of registration officer and notification thereof
3.	Revocation of proxies and further applications
4.	Elector who has obtained issue of proxy may vote in person
5.	Proxy nullified on death or cessation of eligibility of voter or his proxy
6.	Limitations on voting by proxy
7.	Manner of voting by proxy and casting of own vote

PART 2

FORM A-Application to vote by proxy
FORM B-Proxy form

---------------------------------------

SCHEDULE 2

(Rule 13)

APPLICATION TO VOTE BY PROXY

APPLICATION TO VOTE BY PROXY

1.	(1)	Any person who is entitled to vote may only vote by proxy if he can demonstrate that by reason of -

(a)	occupation;

(b)	health; or,

(c)	religion,

he is unable to vote at the polling station where he is registered to vote.

(2)	A person referred to in subrule (1) shall apply to the electoral officer for the constituency in which he is entitled to vote by the completion and submission thereof of FORM A in part 2 of these Rules accompanied by his electoral card.

(3)	A person who is prevented from voting by reason of his occupation shall accompany his application with a certificate signed by his head of department, superior officer, manager or other person to whom he is responsible certifying as to his inability to vote in person and the reason therefor.

(4)	A person who is prevented from voting in person by reason of health shall accompany his application with a certificate by a recognised medical practitioner, nurse, dresser or on the unavailability of any such persons a person of standing certifying as to his inability to vote in person and the reason therefor.

(5)	A person who professes to be prevented from voting in person by reason of religious obligations shall accompany his application by a certificate of a minister of his religion that confirms that he cannot vote for reasons of religion.

(6)	Every application under subrule (2) hereof shall reach the electoral officer not less than 72 hours before polling.

DECISIONS OF ELECTORAL OFFICER AND NOTIFICATION THEREOF

2.	(1)	If the electoral officer who receives an application under rule 1(2) is satisfied that -

(a)	an applicant is entitled to vote by proxy; and

(b)	the person named as proxy is registered on the same poll as the applicant,

he shall so inform the applicant using the detachable part of the application form and deliver by post or other means the completed proxy form in FORM B in part 2 of this Schedule and the applicant's electoral card to the proxy named by the applicant.

(2)	For the purposes of subparagraph (1) the electoral officer shall be deemed to have delivered a proxy form and electoral card if he makes known to a proxy that the cards are available for collection at the polling station on polling day.

(3)	If an electoral officer who receives an application under paragraph 1(2) is not satisfied that the applicant is entitled to vote by proxy he shall so inform the applicant.

(4)	If an electoral officer although being satisfied that an applicant under paragraph 1(2) is entitled to vote by proxy but that the person nominated as proxy is not eligible to be a proxy for the applicant he shall so inform the applicant and invite him to nominate another person provided that in his opinion the applicant will be able to make such nomination not less than 72 hours before polling.

REVOCATION OF PROXIES AND FURTHER APPLICATIONS

3.	(1)	A voter may revoke a proxy by notice in writing to a registration officer.

(2)	A voter who has revoked a proxy may apply for the issue of another.

ELECTOR WHO HAS OBTAINED ISSUE OF PROXY MAY VOTE IN PERSON

4.	A voter who has obtained the issue of a proxy may vote in person provided he obtains his electoral card from his proxy before that person votes on his behalf.

PROXY NULLIFIED ON DEATH OR CESSATION OF ELIGIBILITY OF VOTER OR HIS PROXY

5.	(1)	Where the voter or his proxy dies or ceases be eligible to vote a proxy shall become null and void.

(2)	The electoral officer shall recover the proxy form.

LIMITATIONS ON VOTING BY PROXY

6.	(1)	No voter may cast a proxy vote for more than two voters.

(2)	If more than two proxies are made out in the name of the same voter the two earliest in time shall be valid.

(3)	If more than two proxies issued to a voter bear the same date the voter shall be required by the returning officer at his polling station to choose those two under which he will cast votes and surrender any others.

(4)	The electoral officer will cause any voter whose proxy is invalid to be so informed without undue delay.

MANNER OF VOTING BY PROXY AND CASTING OF OWN VOTE

7.	(1)	A proxy voter shall vote for the person for whom he is proxy in the same manner as he casts his own vote.

(2)	If a proxy voter wishes to cast his own vote he must do it at the same time as he votes as proxy.

(3)	When a person votes as proxy he must produce his own electoral card; the proxy form authorising him to vote as proxy; and the electoral card of the person for whom he is voting.

SCHEDULE 2

PART 2

FORM A

Local Government Council Elections Rules

APPLICATION TO VOTE BY PROXY

To the electoral officer for the ward of ...............................................................................

1.	I, ....................................................... of ..........................................................……..
being registered to vote at ........................................................................................ polling station hereby apply for the issue of a proxy to ....................................................................... of .......................................................
who is entitled to vote at the same polling station.

2.	I cannot attend at the polling station on polling day by reason of -

*(a)	my occupation

(b)	health

(c)	my religion ....................................................................................................
………………………………………………………………………………
………………………………………………………………………………
*delete whichever is not applicable and give particulars and details stating how your attendance is prevented).

3.	I enclose a certificate from my -

*(a)	head of department;

(b)	superior officer;

(c)	manager, etc.;

(d)	medical officer;

(e)	dresser or nurse;

(f)	minister of religion, sister;

(g)	other responsible person.

*(delete whichever is not applicable).

DATED this ......................... day of ................................... 19...............

............................................................
SIGNATURE OF APPLICANT

NOTE:	THIS APPLICATION MUST BE ACCOMPANIED BY THE APPLICANT'S ELECTORAL CARD.

_______________________________

Local Government Council Elections Rules

NOTIFICATION TO APPLICANT TO VOTE BY PROXY
(to be detached from application form and delivered to proxy)

To: ..........................................................................................................................………...

*1.	Your application to vote by proxy has been rejected because
...............................................................................................................................................................................................................................................................................................................................................................................………………….

*2.	Your application to vote by proxy has been accepted but the person is not named on the roll for ................................... and you are requested to nominate another person who is on that roll.

*3.	Your application to vote by proxy has been approved and the proxy form and your electoral card have been delivered to, or made available for collection by ........................................

DATE: ..............................…………..		SIGNED: ..........................................
Electoral Officer

*Delete whichever is not applicable

______________________________

SCHEDULE 2

FORM B
Local Government Council Elections Rules

VANUATU GOVERNMENT

PROXY FORM

(cover)

Registration area no. ...................................................................................................……..

Name ......................................................................................................................………...

Polling station letter ....................................................................................................……..

Polling station name .....................................................................................................…….

VALID ONLY FOR THE ......................................................... election .....................……

Official stamp and date of voting

________________________________________________________________________

PROXY FORM

(Inside page)

Name ......................................................................................................................………...

First name ................................................................................................................………..

Sex ..........................................................................................................................………...

Date of birth or age .....................................................................................................……..

Address ...................................................................................................................………..

*Registered as a voter at ..............................................................................................…….

Electoral card no. .......................................................................................................……...

IS HEREBY AUTHORISED TO VOTE AS PROXY ON BEHALF OF -

Name ......................................................................................................................………...

First name ................................................................................................................………..

Sex .........................................................................................................................…………

Date of birth ..............................................................................................................………

Address ...................................................................................................................………..

*Registered as a voter at ..............................................................................................…….

Electoral card no. .......................................................................................................……...

Given at ..........................................................................	Date ..............................…….

By ...........................................................	Signature of ..........................................…….

Electoral officer for .....................................................................................................……..

*The proxy must be qualified as a voter and registered on the same electoral register.
________________________________________________________________________

SCHEDULE 3

(Rule 16)

Local Government Council Elections Rules

ELECTION OF CANDIDATES RULES

ARRANGEMENT OF RULES

1.	One polling station in each polling district
2.	Polling clerks
3.	Authorised representatives of candidates
4.	Equipment at polling stations
5.	Notices for guidance of voters
6.	Opening of polling station
7.	Resolution of difficulties and statement of objections and decisions
8.	Regulation of admission to polling station
9.	Keeping of order in polling station
10.	Voting
11.	Polling clerk's duties in respect of person who has voted
12.	Replacement of spoilt ballot papers
13.	Report on persons suspected of personation
14.	Assistance to disabled voters
15.	Members of public to be admitted to observe count
16.	Counting of votes
17.	Void ballot papers
18.	Recounts
19.	Declaration of votes and report on voting
20.	Notification of votes cast for each candidate to Minister
21.	Declaration by Minister of candidates elected
22.	Determination of successful candidates
23.	Method of calculation
24.	Example of proportional representation
25.	Declaration by Minister of eldest candidates elected

ANNEX

Example of a system of proportional representation.

-----------------------------------------------

Election of Candidates Rules

ONE POLLING STATION IN EACH POLLING DISTRICT

1.	(1)	The Principal Electoral Officer shall determine the location of one polling station in each polling district.

(2)	The Electoral Office shall be responsible for its installation.

POLLING CLERKS

2.	(1)	An electoral officer shall appoint such number of polling clerks to assist the returning officer as may be necessary.

(2)	The oldest polling clerk shall act as returning officer during the absence or incapability of the returning officer.

AUTHORISED REPRESENTATIVES OF CANDIDATES

3.	(1)	A candidate or political party may nominate in writing to the electoral officer not less than 24 hours before polling an authorised representative for each polling station who may attend during voting and counting and who may require any comment, dispute or protest to be included in the report by the returning officer made under rule 19(2).

(2)	Subject to subrule (3) the Electoral Office shall issue each authorised representative nominated under subrule (1) with a letter of authority and an identification badge or identification card.

(3)	No candidate shall have more than one authorised representative at one polling station but one representative may be authorised for more than one candidate and more than one polling station.

(4)	A returning officer shall not permit to remain in a polling station any person who claims to be an authorised representative of a candidate but who cannot produce a letter of authority.

(5)	A list of all authorised representatives of candidates shall be displayed at all polling stations.

EQUIPMENT AT POLLING STATIONS

4.	(1)	Each electoral officer shall be provided by the Electoral Office with such number of ballot boxes, ballot papers and envelopes bearing official markings as shall be necessary for them to supply to returning officers for the purpose of carrying out their duties.

(2)	Each ballot box shall have 2 padlocks with dissimilar keys and shall be so constructed that when locked ballot papers can be put therein but cannot be withdrawn.

(3)	The Electoral Office shall also provide each electoral officer with -

(a)	lists of authorised representatives provided for in rule 3(5) for each polling station;

(b)	2 copies of the electoral roll for each polling station in which the station is established;

(c)	sufficient copies of the electoral laws;

(d)	enough polling booths to enable voters to vote in secrecy;

(e)	sufficient tally sheets for recording the votes cast for each candidate; and

(f)	sufficient numbers of any notices required by law to be displayed in polling stations.

NOTICES FOR GUIDANCE OF VOTERS

5.	A notice in legible print giving descriptions in English, French and Bislama for the guidance of voters in voting shall be exhibited inside and outside each polling station.

OPENING OF POLLING STATION

6.	The returning officer shall open the polling station over which he presides on polling day and at the time provided for in the notice referred to in rule 8(4) of the Local Government Council Elections Rules.

RESOLUTION OF DIFFICULTIES AND STATEMENT OF OBJECTIONS AND DECISIONS

7.	(1)	A returning officer shall endeavour to amicably resolve all difficulties that may arise during the poll giving reasons for his decisions.

(2)	A written statement of all authorised representatives' objections and decisions thereon together with any relevant document initialled by the returning officer and a polling clerk shall be included in the report made by the returning officer under rule 19(2).

REGULATION OF ADMISSION TO POLLING STATION

8.	(1)	The returning officer shall regulate the number of voters to be admitted to a polling station at the same time and shall exclude all other persons except -

(a)	the polling clerks;

(b)	officials of the Electoral Office;

(c)	candidates and their authorised representatives nominated in accordance with rule 3;

(d)	police officers on duty;

(e)	companions of disabled voters;

(f)	press representatives and other persons authorised by the Electoral Office.

(2)	All persons authorised to be in a polling station shall wear an identification badge or carry an identification badge or carry an identification card.

KEEPING OF ORDER IN POLLING STATION

9.	(1)	It shall be the duty of the returning officer to keep order at his polling station.

(2)	If a person misconducts himself at a polling station or fails to obey the lawful orders of the returning officer he may by order of the returning officer be removed.

(3)	A person removed in accordance with subrule (2) shall not without the permission of the returning officer re-enter the polling station.

(4)	The power conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having the opportunity of voting at that polling station.

VOTING

10.	(1)	Every voter desiring to vote shall present himself at his allotted polling station. The returning officer or polling clerk shall satisfy himself that -

(a)	the voter is registered on the roll at the station;

(b)	has not already voted; and

(c)	place his signature or initials opposite the name of the voter in the margin of one of the electoral rolls; and

(d)	deliver to the voter 1 ballot paper for each candidate and 1 envelope.

(2)	Immediately on receipt of the ballot papers and envelope a voter shall -

(a)	enter a polling booth;

(b)	record his vote by placing the ballot paper bearing the name and symbol of his chosen candidate in the envelope;

(c)	leave all other ballot papers in the booth;

(d)	present himself to the presiding officer or polling clerk who without touching it shall verify that the voter tenders 1 envelope;

(e)	place the envelope in the ballot box; and

(f)	leave the polling station without undue delay after the completion of the formalities referred to in rule 11.

POLLING CLERK'S DUTIES IN RESPECT OF PERSON WHO HAS VOTED

11.	After each voter has voted a polling clerk shall -

(a)	in those polling districts where it is required, place an indelible mark on the thumb nail of the voter which shall so far as possible be indelible for the period of the poll;

(b)	stamp and endorse on the electoral card of the voter the date of election;

(c)	place his signature or initials opposite the name of the elector in the margin of the second electoral roll; and

(d)	return the card to the elector.

REPLACEMENT OF SPOILT BALLOT PAPERS

12.	A voter who satisfies the returning officer that he has inadvertently spoilt a ballot paper may on surrendering it obtain another.

REPORT ON PERSONS SUSPECTED OF PERSONATION

13.	If before a voter leaves a polling station a candidate or his authorised representative or a polling clerk informs the returning officer he has reasonable cause to believe that the voter has committed the offence of personation and agrees to substantiate the accusation in a court the returning officer shall report the matter to the Principal Electoral Officer.

ASSISTANCE TO DISABLED VOTERS

14.	(1)	Any person suffering from a physical disability may be granted permission by a returning officer to be accompanied into a polling station by a person of his choice to assist him in voting.

(2)	The granting of permission under this rule shall be recorded in the report made by the returning officer under rule 19(2).

MEMBERS OF PUBLIC TO BE ADMITTED TO OBSERVE COUNT

15.	A returning officer shall allow as any members of the public to observe a count as can do so without hindering counting.

COUNTING OF VOTES

16.	(1)	Immediately a poll is closed the returning officer shall administer the counting of the votes which shall be done by -

(a)	opening the ballot box or boxes;

(b)	the returning officer removing all envelopes from each box;

(c)	the returning officer taking the ballot papers from the envelopes;

(d)	the returning officer reading out the name on each ballot paper;

(e)	the polling clerks recording the number of votes cast for each candidate on 2 tally sheets provided for that purpose.

(2)	If the number of envelopes is found to be more or less than the marginal signatures or initials made in the roll in accordance with rule 1 l(c), the discrepancy shall be stated in the report provided for in rule 19(2).

VOID BALLOT PAPERS

17.	Any ballot paper which -

(a)	by any writing or mark thereon identifies the voter;

(b)	is not in an envelope or is in a non-official envelope; or

(c)	is in an envelope containing more than 1 ballot paper;

shall be void and not counted.

RECOUNTS

18.	On the close of counting or on a recount a candidate or his authorised representative may request the returning officer to conduct a recount and further recounts but the returning officer may refuse to do so if in his opinion the request is unreasonable.

DECLARATION OF VOTES AND REPORT ON VOTING

19.	(1)	When a returning officer is satisfied that the count or recounts are complete he shall declare counting of votes completed and formally announce the votes cast for each candidate.

(2)	Immediately after declaring the counting of votes completed the returning officer shall complete the official report on polling which shall state -

(a)	the number of registered voters;

(b)	the number of voters who voted;

(c)	the number of void ballot papers;

(d)	the number of valid votes cast for each candidate;

(e)	such other matters as these rules provide shall be included; and

(f)	such other matters as the Principal Electoral Officer shall direct may be included.

(3)	The report shall be made in duplicate in French, English or Bislama.

(4)	It shall be signed by the returning officer and the polling clerks. It shall be countersigned by such of the candidates as may be present at the count.

(5)	After it has been signed the report shall be placed in a sealed envelope.

(6)	The returning officer shall also seal in separate packets the counted and void ballot papers and endorse on each packet -

(a)	a description of its contents;

(b)	the date of polling; and

(c)	the name and number of the polling station.

(7)	The packets referred to in subrule (6) shall, immediately they have been sealed and endorsed, be signed on the outside by the persons referred to in subrule (4).

(8)	The report and the sealed packets referred to in subrule (6) shall be delivered to the electoral officer responsible for the ward in which the poll was taken by the returning officer or by a person instructed by him.

NOTIFICATION OF VOTES CAST FOR EACH CANDIDATE TO MINISTER

20.	When an electoral officer has received all the reports provided for in rule 19 including reports from any polling stations where a new poll has been held under the provisions of rule 14 of the Local Government Council Election Rules he shall notify the Minister of the number of votes cast for each candidate in the wards for which he is responsible.

DECLARATION BY MINISTER OF CANDIDATES ELECTED

21.	The Minister shall as soon as practicable after receiving notification in accordance with rule 20 from all electoral officers announce for each ward -

(a)	the number of votes cast for each candidate; and

(b)	the name of each candidate elected in accordance with rules 22, 23 and 24.

DETERMINATION OF SUCCESSFUL CANDIDATES

22.	A system of proportional representation shall be used to determine which candidates shall be declared elected.

METHOD OF CALCULATION

23.	The following calculations shall be carried out separately for each ward -

(a)	the total number of votes cast shall be divided by the number of seats contested. The result, calculated to 2 decimal places, will indicate the number of votes required to secure 1 seat and shall be known as the 'electoral quotient';

(b)	the total number of votes cast for each party (and for this purpose a party shall mean one or more candidates using the same electoral symbol) shall be divided by the electoral quotient;

(c)	the result of the division at paragraph (b) shall be expressed as a whole number (which will be zero if the total number of votes cast for the party is less than the electoral quotient) and a remainder;

(d)	the whole number obtained at paragraph (c) shall indicate the number of seats won outright by the party concerned and these shall be awarded successively to the candidate with the highest number of votes;

(e)	any remaining seat not allocated as a result of the operation at paragraph (d) shall be awarded to the party which, after the operation at paragraph (c) had the largest remainder.

EXAMPLE OF PROPORTIONAL REPRESENTATION

24.	An example of the system of proportional representation referred to in rule 22 and the calculations set out in rule 23 is contained in the annex to these rules.

DECLARATION BY MINISTER OF OLDEST CANDIDATE ELECTED

25.	Should two or more candidates in a ward receive the same number of votes so that if one of them only had received that number of votes he would have been declared elected under rule 23 the Minister shall declare the eldest elected.

______________________________

[Subsidiary]

Election of Candidates Rules

(rule 24)

ANNEX

PROPORTIONAL REPRESENTATION

Example of how the rules would operate

Candidate
Number	NO. OF VOTES OBTAINED	Total Votes Cast	
	Party A	Party B	Party C	Party D		
1
2
3
4
	400
210
120
42	240
91
72
10	119	102		
Totals	772	413	119	102	1406	

Total No. of votes cast		1406
Number of seats			4
Electoral quotient			1406 - 4 = 351.50

Divide total party votes by the electoral quotient -

Alternatively

Party A	772 = 2.20	2 remainder 69
351.50

Party B	413 = 1.17	1 remainder 61
351.50

Party C	119 = 0.34	0 remainder 119
351.50

Party D	102 = 0.29	0 remainder 102
351.50

Party A wins 2 seats clear
Party B wins 1 seat clear

Remaining seat goes to Party C with a remainder of .34 (or 119 votes) although No. 3 candidate of Party A has 1 more vote than the one candidate of Party C.

Further example (with a tied vote)

Candidate
Number	NO. OF VOTES OBTAINED	Total Votes Cast	
	Party A	Party B	Party C	Party D		
1
2
3
4
	400
210
120
42	240
163
	119	119		
Totals	772	413	119	119	1413	

Electoral quotient	1413 -. 4 = 353.00

Party A	772 = 2.19	2 remainder 66
353

Party B	403 = 1.14	1 remainder 50
353

Party C	119 = 0.34	0 remainder 119
353

Party D	119 = 0.34	0 remainder 119
353

Party A wins 2 seats
Party B wins 1 seat

Remaining seat must go to the elder of the candidates of C or D.

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