Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997

  • revoked
  • Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997: revoked, on 12 May 2011 (after being spent on 2 April 1998), by clause 3 of the Regulatory Reform (Revocations) Order 2011 (SR 2011/99).

Reprint
as at 12 May 2011

Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997

(SR 1997/186)

  • Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997: revoked, on 12 May 2011 (after being spent on 2 April 1998), by clause 3 of the Regulatory Reform (Revocations) Order 2011 (SR 2011/99).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This order is administered in the Ministry of Justice.


  • Preamble

    WHEREAS—

    • A. Section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 requires the Minister of Justice, after consulting with the Chief District Court Judge, to appoint as many District Court or retired District Court Judges to observe the processing of voting papers as the Minister considers necessary; and

    • B. One District Court Judge has already been appointed pursuant to section 44(1); and

    • C. The appointment of only one District Court Judge to observe the processing of voting papers is insufficient to enable the processing of the voting papers to be completed, and the result of the referendum to be announced, in a timely manner; and

    • D. The Chief District Court Judge has advised that there are no District Court Judges or retired District Court Judges who are free from work during the period scheduled for the processing of the voting papers and that the appointment of further Judges or retired Judges would involve the cancellation of litigation at considerable inconvenience to individual litigants; and

    • E. Section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 does not make sufficient provision for the appointment of persons to observe the processing of voting papers in the circumstances outlined in paragraphs A to D above; and

    • F. It is desirable that the number of persons appointed to observe the processing of voting papers be sufficient to enable the processing of the voting papers to be completed and the result of the referendum to be announced in a timely manner:

    NOW THEREFORE, PURSUANT to section 63 of the Compulsory Retirement Savings Scheme Referendum Act 1997, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order.

1 Title and commencement
  • (1) This order may be cited as the Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997.

    (2) This order comes into force on 10 September 1997.

2 Interpretation
3 Appointment of Justices of the Peace to observe processing
  • (1) Notwithstanding anything in section 44(1) of the Act, the Minister of Justice may appoint such number of Justices of the Peace as the Minister considers necessary (in addition to the person or persons appointed under that section) to observe the processing of voting papers.

    (2) Except as provided in subclauses (3) and (4), every Justice of the Peace appointed under subclause (1) has the same powers and duties as a District Court Judge appointed under section 44(1) of the Act, and the Act applies accordingly, with any necessary modifications.

    (3) Any Justice of the Peace appointed under subclause (1) is, in the performance of his or her duties, subject to the direction of any person appointed under section 44(1) of the Act, but, subject to subclause (4), may exercise those duties in the absence from the premises on which the processing of the voting papers is taking place of the person or persons appointed under that section.

    (4) No Justice of the Peace appointed under subclause (1) may determine under section 44(2) of the Act whether or not any voting paper is valid or formal.

MARIE SHROFF,

Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

In the circumstances set out in the Preamble of this order, section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 does not make sufficient provision for the appointment of persons to observe the processing of voting papers. That section assumes that a sufficient number of District Court Judges and retired District Court Judges will be available for that work. That assumption is not correct. The processing of the voting papers can be completed in a timely manner, as required by section 40(1) of the Act, only if a sufficient number of persons can be appointed to act as observers.

This order remedies that lack of sufficient provision for observers by authorising the Minister of Justice to appoint Justices of the Peace as observers.

Such Justices of the Peace will, in the performance of their duties as observers, be subject to the directions of any District Court Judge or retired District Court Judge appointed under section 44(1) of the Act.

A Justice of the Peace is not to discharge, under section 44(2) of the Act, the function of determining whether or not any voting paper is valid or formal. That function must continue to be discharged by a District Court Judge or a retired District Court Judge appointed under section 44(1) of the Act.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 9 September 1997.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997. The eprint incorporates all the amendments to the order as at 12 May 2011. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)
  • Regulatory Reform (Revocations) Order 2011 (SR 2011/99): clause 3

    Compulsory Retirement Savings Scheme Referendum Act 1997 (1997 No 13): section 2