(a) Each Branch Secretary shall keep a register of the names and addresses of all members of the Branch, including membership of the particular Industry Section to which they belong, which shall be open for inspection by an Industrial Registrar, or a person authorized by an Industrial Registrar, between the hours of 9.00am and 5.00pm Monday to Friday at the Branch Office of the Division and shall supply a copy of the same to the Divisional Secretary and/or Divisional President when required.
(b) In conformity with the Act each Branch Secretary shall:
(i) enter in the register the name and postal address of each person who becomes a member, within 28 days after the person becomes a member.
(ii) remove from the register the name and postal address of each person who ceases to be a member within 28 days after the person ceases to be a member; and
(iii) enter in the register any change in the particulars shown on the register, within 28 days after the matter necessitating the change become known to the Division.
(c) Within 28 days of the end of the financial year pursuant to Rule 29 each Branch Secretary shall forward to the Divisional Secretary a statement to the effect that during the preceding year the Register of Members was maintained in accordance with this Rule.
(a) Each Branch Secretary shall from time to time as directed by the Branch Committee of Management remove from the Register of Members the names and postal addresses of all members who satisfy the following criteria:
(i) All members owing entrance fees, contributions, levies or fines imposed in accordance with the Rules of the Union or the Division for a continuous period of thirty (30) days since the amount or amounts became payable, provided that the Branch Secretary may remove the names and postal addresses of such members from the Register of Members no later than twelve (12) months after the end of the thirty (30) day period in the absence of a direction from the Branch Committee of Management.
(ii) All members who have ceased to be eligible for membership of the Union under the Rules of the Union, by reason of ceasing to work in the industry or industries specified in Rule 2 of Section "A" of the Rules of the Union or otherwise, for a period in excess of twelve (12) months. Provided that no member shall be deemed to have ceased to be eligible for membership of the Union who is elected or appointed as an officer of a Labor/Labour industrial organisation or a Labor/Labour political body or is elected to the Federal, a State or Territory Parliament.
(b) The Branch Secretary shall give a member fourteen (14) days notice in writing to the member's last postal address shown on the Register of Members of the intention to remove the name and postal address from the Register.
(c) Any person whose name and postal address is removed from the Register of Members under this Rule ceases to be a member of the Union on the day his or her name and postal address is removed and ceases to have any of the rightful privileges of membership from that day.
(d) Any such person so removed shall be liable to pay all such entrance fees, contributions, levies or fines imposed in accordance with the Rules of the Union or Division and any other monies due to the Union up to the date of removal of the person's name and postal address from the Register, and, in default of payment, may be sued for any outstanding amounts.
(e) Any person whose name and postal address is removed from the Register of Members under this Rule, may appeal to the Divisional Executive against any action or decision of a Branch Committee of Management or Branch Secretary taken pursuant to this Rule within fourteen (14) days of that action or decision. Notwithstanding sub-rule 1, the lodging of an appeal will act as an automatic stay of the removal of the person's name and postal address from the Register pending the determination of the appeal by the Divisional Executive. In the event that the Divisional Executive decides to reinstate the person's membership, and provided they have paid all entrance fees, contributions, levies or fines owed to the Union in accordance with these Rules, they shall be deemed not to have broken their continuity of their membership of the Union.
Each member shall be entitled, upon application to the Branch Secretary, to a copy of the Rules of the organisation or Branch or a copy of any amendments of the Rules made since a specified time, the first copy of which shall be supplied free of charge. Subsequent applications for a copy of the Rules or amendments thereto by a member if the member has been provided with a copy of the same Rules or amendments free of charge within the preceding 3 years shall be accompanied by a fee as prescribed by the Act .
Each member shall be entitled to peruse the minutes of any meeting conducted under the Rules of the Union on application to the Branch Secretary.
(a) There shall be Branch Officers as provided in these Rules.
(b) The duties of the Branch Officers, when provided for in sections 3, 4 and 5 of these Rules shall be:
(i) Branch President: the President shall be the recognised head of the Branch, and he/she shall preside at all Branch Executive, General, Special General and Branch Committee of Management meetings and shall ensure that the general working of the Branch is carried out in conformity with the Rules, the resolutions of Divisional Council, Conference and the instructions of the Divisional Executive. He/she shall sign in accordance with the Rules cheques and all documents requiring his/her signature as required by the Branch Executive or the Branch Secretary. Where the Branch President's position is a full time position he/she shall carry out his/her industrial duties in accordance with the directions of the Branch Secretary subject to the decisions of the Branch Committee of Management;
(ii) Branch Vice President: the duties of the Branch Vice President shall be to assist the President. In the absence of the President, one of the Vice Presidents shall occupy the Chair, conduct the business, and perform all duties of the President. He or she shall sign in accordance with the Rules, cheques and all documents requiring his or her signature as requested by the Branch Secretary.
(iii) Branch Secretary: the duties of the Branch Secretary shall be to:
(A) convene and attend each meeting of the Branch Committee of Management, Branch Executive and each General Meeting of the Branch where practicable and to compile and maintain the minutes of such meetings;
(B) attend to Branch correspondence;
(C) have charge of the books and documents of the Branch;
(D) manage and be responsible generally for the administration of the Branch Office and Branch Officers subject to the Rules;
(E) maintain a register of membership in accordance with rule 51;
(F) forward annually, to the Divisional Secretary a statement of the total membership and financial membership of the Division and of the Branch on the 31st March;
(G) prepare and issue to the Annual General Meeting of the Branch the Annual Report of the Branch and an account of the income and expenditure of the Branch;
(H) forward to the Divisional Secretary forthwith after its issue, a copy of the Branch Annual Report and account of the income and expenditure of the Branch;
(I) maintain an accounting record of the financial transactions of the Branch showing the source and nature of all income received and the nature and purpose of all expenditure made;
(J) make all payments on behalf of the Branch, receive all money payable to the Branch and promptly deposit such money in the bank account of the Branch;
(K) perform such other duties as may from time to time be directed by the Branch Committee of Management, or Branch General Meeting;
(L) provide the Divisional Conference or Branch Committee of Management with a statement of the financial affairs of the Branch when so directed;
(M) provide for the collection of fines, levies and subscriptions (other than subscriptions derived from salary) payable by members of the Branch to the Division or the Branch.
(N) manage and be responsible for the day to day Branch issues.
(iv) Branch Assistant Secretary: the duties of the Branch Assistant Secretary shall be to relieve the Branch Secretary and to attend all meetings of the Branch and to take rough minutes of the proceedings, except where otherwise directed by the Branch Secretary. At all other times he/she shall render such assistance as may be required by the Branch Secretary. In the absence of the Assistant Secretary for periods exceeding one week, Branch Committee of Management may appoint another member of the Branch Committee of Management as Acting Branch Assistant Secretary.
(v) Honorary Branch Assistant Secretary: the Honorary Branch Assistant Secretary shall perform such duties of the Branch Assistant Secretary as are consistent with the honorary status of the office.
(vi) Branch Organiser: the duties of the Branch Organiser shall be, under the general direction of the Branch Secretary, to visit workplaces, undertake representations on behalf of members, attend all meetings of the Branch, except when performing duties away from the Branch centre, and all other duties as may be required by the Branch Secretary.
(a) Branch Committees of Management shall, have power to employ Industrial Officers, Employed Organisers, Recruiters, Campaigners, Temporary Organisers and clerical staff. Any person shall be eligible for employment as Industrial Officer, Employed Organiser, Recruiter, Campaigner, Temporary Organiser or as a member of clerical staff. The method of selection and pay and conditions shall be determined by the Branch Committee of Management. The duties of the Industrial Officer, Employed Organiser, Recruiter, Campaigner, Temporary Organiser or members of clerical staff shall be determined by the Branch Secretary.
55 - POWER TO ENTER AND INSPECT PREMISES
An honorary Branch Officer who holds a permit to enter and inspect premises in accordance with the provisions of the Act shall exercise his/her rights under such a permit with the authority of the Branch Secretary or Branch Committee of Management.
Branches shall have power to make by-laws for the conduct of the management of the Branch and of any of the Committees thereof; provided that any by-law so made does not conflict with these Rules and has been submitted to the Divisional Executive which may disallow any by-law dealing with a matter other than a matter affecting members of the Branch only; provided further that any disallowance of any by-law submitted in accordance with this Rule shall be decided by the Divisional Executive within 28 days.
57 - AFFILIATION WITH ANY ORGANISATION
A Branch may affiliate with any organisation in the State subject to endorsement by the Divisional Conference.
58 - BRANCH FUNDS AND PROPERTY
(a) The funds of the Branch ("the Branch funds") shall consist of:
(i) any real or personal property of which a Branch by the Rules or by any established practice not inconsistent with the Rules has or, in the absence of any limited term lease, bailment, or arrangement would have the right of custody, control or management;
(ii) the amount of subscriptions received by a Branch less so much as is payable to the Divisional Conference, the amount of any levy imposed and received by the Branch and the amount of any fines received by the Branch;
(iii) any interest, rents or dividends derived from investment of the Branch fund;
(iv) any superannuation or long service leave fund operated or controlled by a Branch for the benefit of its Officers or employees;
(v) any property acquired wholly or mainly by expenditure of the monies of the Branch fund or derived from other assets of the fund; and
(vi) the proceeds of any disposal of parts of the fund.
(b) All monies received by the Branch shall be banked in the name of the Union in one or more of the following ways:
(i) by way of account, whether at call or otherwise with a duly registered credit union that offers services to members; or
(ii) by way of current account and/or fixed deposit with any Government owned State Bank or other financial institution approved by the Branch Committee of Management.
(c) There shall be a separate account for the deposit of monies representing the proportion of member's contributions payable for the maintenance of Divisional Office.
(d) The Branch Committee of Management may on behalf of the Branch expend Branch funds in the purchase of land and buildings including the redevelopment of land and buildings and may invest Branch funds in securities issued by a Government or local Government body or statutory authority or any company to promote the welfare of members.
(e) Where monies are held in more than one account the Branch Secretary shall maintain a register of such accounts or other investments as part of the Branch books for audit purposes.
(f) No monies shall be withdrawn from the account or accounts except by cheques signed by the Branch Secretary together with the Branch President, or in his or her absence an Officer or Branch Committee of Management member nominated by him or her as the authorised signatory for the duration of his or her absence.
(g) The Branch Committee of Management may, on receipt of the report and recommendation of the Branch Secretary, discharge from the records of the Branch a debt which, in the opinion of the Branch Secretary and Branch Auditor is irrecoverable. Provided that:
(i) this provision shall not apply to debtors who are members of the Union or persons who ceased to be members less than twelve months prior to the date of the Branch Committee of Management Decision;
(ii) the report of the Branch Secretary to the Branch Committee of Management shall detail the recovery action undertaken.
59 - ACCOUNTS, BALANCE SHEET AND AUDIT
The financial year of Branches shall terminate on 31st March in each year. A certified balance sheet in respect of each year, with the auditor's report thereon, shall be published, distributed and presented to members in accordance with the provisions of the Act . Each Branch shall, subject to any directions that may be given from time to time by the Divisional Conference, follow a system of bookkeeping acceptable to its public auditor.
An auditor who is a person competent within the meaning of the Act , shall be appointed, who at least once a year, and at other times when instructed, shall take the books of the Branch, and balance sheets with all receipts and other documents, compare them, and draw up a correct report on same. The report shall also include the auditor's report, the general purpose financial report and the operating report as prescribed by the Act. Auditors finding any deficiencies shall state the particulars in the report and lay the same before the next meeting of the Branch Committee of Management.
60A - FINANCIAL REPORTING REQUIREMENTS
(a) The Branch Secretary shall within five (5) months of the end of the financial year provide free of charge to all members of the Branch a copy of the full report for the financial year. The full report may be circulated to members by publication in the Branch journals, by correspondence or email, on the Branch's website or by some other method where all Branch members have access to and are able to view the full report.
(b) Notwithstanding sub-rule (a) the Branch Committee of Management shall have the power to resolve that a concise report is to be provided to members in lieu of a full report.
(c) The Branch Secretary shall on the requisition in writing and signed by 5% or more of the Branch's members, call a Special Branch General Meeting for the purpose of considering the auditor's report, the general purpose financial report and the operating report.
(d) The requisition must be made within six (6) months of the end of the financial year and state that the purpose of the Branch General Meeting is to consider the auditor's report, the general purpose financial report and the operating report of the Branch for the financial year.
The Special Branch General Meeting shall be called and held in accordance with Rules 83, 85 and 86.
61 - STATEMENT OF BRANCH MEMBERSHIP
The Secretary of each Branch shall, within 28 days of the 31st March, in each year notify the Divisional Secretary in writing of the number of members in each Industry Section within the Branch books as at that date.
62 - RANKING OF POSITIONS IN ELECTIONS
(a) No person shall hold more than one of the positions of Divisional Secretary, Divisional Assistant Secretary, Branch Secretary, Branch Assistant Secretary, Organiser, Branch President, Branch Vice-President or member of Branch Committee of Management.
(b) No person shall hold more than one (1) of the positions of Divisional President, Divisional Secretary or Assistant Divisional Secretary.
(f) In determining the vote for Divisional Officer the votes shall be counted in the following order.
(i) Divisional President;
(ii) Divisional Secretary;
(iii) Divisional Assistant Secretary;
(iv) Divisional Vice-President - Affirmative Action;
(v) Divisional Vice-Presidents;
(vi) National Councillor
(viii) Divisional Conference Member;
(x) Divisional Executive Member;
(g) In determining the vote for Branch Officer the votes shall be counted in the following order:
(i) Branch Secretary;
(ii) Branch Assistant Secretary;
(iii) Branch Organiser;
(iv) Branch President;
(v) Branch Vice President;
(vi) Committee of Management Member;
(a) Subject to these Rules, each Branch at its Annual General Meeting shall fix for the ensuing twelve months the honoraria, fees and allowances to be paid to its Honorary Branch Officers, Members of Committee of Management, members of Branch Executive, other Committees of Branches and the Returning Officer provided that where a member of the Branch shall lose salary including shift penalties or higher duties whilst transacting business for the Division, which is authorised by the Branch Secretary or Branch Committee of Management, he or she shall be reimbursed in full for all such losses sustained from the funds of the Branch.
(b) Any member of the Union, when deputed to transact business on behalf of the Division, or any Branch or Industry Section thereof, shall receive such sum per day including the time legitimately taken up in journeying from and returning to his or her place of residence, as may be determined by the General Meeting of the Branch, together with economy class fare to and from the place where his or her services are required.
(a) At every Special General Meeting or Extraordinary General Meeting of a Branch, the circumstances under which it has been convened shall be explained by the Presiding Officer, and the business for consideration shall be proceeded with. No business except that expressly stated in calling the meeting shall be discussed at such meeting.
(b) At every ordinary meeting of a Branch the first business shall be the reading and confirmation of the minutes of the preceding meeting, and no discussion shall be permitted thereupon except as to their accuracy as to the record of proceedings. After the reading of the minutes the order of business shall be as follows, or nearly thereto as may be practicable, but the order of business may (wherever it is considered advisable) be altered by direction of the meeting:
(i) business arising out of minutes;
(ii) roll call;
(iii) new members;
(iv) presentation of reports;
(v) finance;
(vi) correspondence, considering and ordering thereon;
(vii) questions;
(viii) business of which notice has been given;
(ix) notice of motion;
(x) fixation of allowances and honoraria;
(xi) nomination of officers;
(xii) general business.
(c) At Special Branch General Meetings or adjourned meetings of the Branch the special or adjourned business only shall be dealt with.
(d) At every Annual General Meeting of a Branch the order of business shall be as follows:
(i) Reading and confirmation of Minutes.
(ii) Correspondence read and dealt with.
(iii) Appointment of Returning Officer and Auditor.
(iv) Presentation of the Secretary's Annual Report.
(v) Motions of which Notice has been given.
(vi) General Business.
(a) Full time and Honarary Branch Officers shall be elected for a term of 4 years and shall take up office from 1 August in the year of election following the declaration of the office in question.
(c) In the event the Returning Officer is unable to declare a person elected to an office on or before 1 August in the year of election the person holding office shall remain in that office until the office is declared elected.
(a) Candidates for office on the Branch Committee of Management except where otherwise provided, must be financial members of the Branch and be nominated in writing by at least two other financial members of the Branch. All nomination papers must be signed by and contain the addresses of those making the nomination and be countersigned by the person nominated. The provisions of this sub-rule shall also apply to candidates for office as Returning Officer, Assistant Returning Officer, Divisional Conference Delegate and Divisional Executive Member of the Division and any other office within the jurisdiction of the Branch. No person shall be eligible to be nominated for or elected to any office or position unless such person shall have been a continuously financial member of the industry group within the Branch for a period of not less than 12 months immediately prior to the closing date of nominations.
(b) Candidates for Office of: Branch Vice President, Technical Industry Section, Branch Vice President, Operator Industry Section, and Industry Section Committee of Management Members must be financial members of the relevant Industry Section and be nominated in writing by at least two (2) other financial members of the same Industry Section.
(c) Candidates for the office of: Branch Assistant Secretary (Technical Industry Section), Branch Assistant Secretary (Operator Industry Section), Branch Organiser (Technical Industry Section) and Branch Organiser (Operator Industry Section) must be financial members of the Branch and be nominated in writing by at least two other financial members of the relevant Industry Section.
(f) Nominations for any office which has been declared a full-time office, or which has been declared a full-time position of Organiser, shall, except in the case of a vacancy provided for in Rule 68 or 69, be called for by notice published in a Divisional Executive journal or Branch Circular.
(g) All nominations for office, including full-time offices, or full-time position of Organiser, shall be called for by the Branch Returning Officer, on the first day of April in the year of election or should that day be a Saturday, Sunday or holiday, on the first day thereafter which is not a Saturday, Sunday or holiday, and shall close at 12 noon fourteen (14) days thereafter or, should that day be a Saturday, Sunday or a holiday on the first day thereafter which is not a Saturday, Sunday or a holiday. Nominations shall be addressed to the Branch Returning Officer.
(h) If the Branch Returning Officer finds a nomination to be defective he/she shall, before rejecting the nomination notify the person concerned of the defect, and where it is practicable to do so, give him/her the opportunity of remedying the defect within seven days after his/her being notified.
(i) If there be no more valid nominations than there are vacancies for a position, the Branch Returning Officer shall declare the nominated person or persons elected to the position.
(j) If more valid nominations are received than there are vacancies for a position, the Branch Returning Officer shall have ballot papers printed and delivered to him/her containing the names of the candidates for each position arranged in the order they are drawn, indicating the number to be elected for each position, the manner in which votes shall be recorded and the date and the time of the closing of the ballot, such date and time being not later than 12 Noon on the thirtieth day of June in the year of the election or on the first working weekday following should the thirtieth day of June fall on a holiday or weekend and indicating the ballot shall commence on the first day of June or the first working weekday following that date in the year of the election.
(a) The election of Officers of the Branch Committee of Management and of other Officers required to be elected under this Rule shall be conducted by the Branch Returning Officer by secret postal ballot of financial members of the Branch. The positions referred to in rules 75(e), 76(d) and 76A(f) not otherwise specified as being elected by the financial members of the Branch shall be elected by secret postal ballot of financial members of the relevant Industry Section.
The ballot shall close at 12 noon on the thirtieth day of June in the year of the election or on the first working weekday following should the thirtieth day of June fall on a holiday or weekend and shall commence on the first day of June or the first working weekday following that date in the year of the election.
(b) The Branch Returning Officer shall:
(i) prepare a Roll of Voters who are entitled to vote in the election. The Roll of Voters shall close seven (7) days before the day on which nominations for the election are to open. Nothing in this sub-rule shall prevent the correction of errors in the Roll of Voters after the Roll is closed.
(ii) make the Roll of Voters available for inspection and copying by members or by any other person authorised by him/her, to be used for election purposes only, during ordinary business hours at the place where he/she carries out their duties in relation to the election in the period commencing the day after the Roll of Voters is closed and ending thirty (30) days after the declaration of the result of the election.
(iii) keep the Roll of Voters and they may be supplied electronically.
(c) The official designation of any candidate and/or the section in which he/she is employed shall not be permitted to appear on any ballot paper issued by the Branch Returning Officer.
(d) The Branch Returning Officer shall:
(i) be responsible for the safe custody of the ballot papers;
(ii) obtain from the printer a certificate of the number of ballot papers printed;
(iii) initial every ballot paper prior to its distribution;
(iv) (A) forward by pre-paid post in an envelope having as few distinctive characteristics as possible to each member entitled to vote:
(1) such ballot paper or ballot papers as is or are appropriate for the purpose of the election;
(2) a pre-paid or business reply paid envelope having as few distinctive characteristics as possible addressed to the Returning Officer at a Post Office Box number designated by him/her;
(3) an envelope capable of insertion in the outer envelope referred to in (ii) above, such envelope to have provision on the outside of the envelope for the member to fill in the member's name and address and to sign his or her signature;
(4) an envelope marked 'ballot paper only' capable of insertion in the envelope referred to in (3) above;
(5) voting instructions, printed either on the ballot paper referred to in (1) above or on a separate sheet of paper, containing such voting instructions as the Returning Office considers necessary or desirable including an instruction that the completed ballot paper should be inserted in the envelope referred to in (4) above, the envelope sealed and inserted into the envelope referred to in (3) above, the name, address and signature to be completed on the envelope referred to in (3) above, the envelope sealed and enclosed in the outer envelope referred to in (2) above and returned by post to the Returning Officer. Such instructions shall make clear that the process of counting by the Returning Officer shall eliminate any possibility of ascertainment of a member's identity.
(B) at the time of forwarding of ballot papers and other documents referred to in (A) above and, subject to the employer corporations approval, prepare a Notice and arrange for the placing of such Notice on the Notice Boards at places where more than ten members work or report for work, informing members of the forthcoming election, the distribution of ballot papers and a statement that any member entitled to vote who does not receive a ballot paper by a date specified by the Returning Officer in his/her discretion, being a date some date after projected posting and before counting begins, to report such non receipt to the Returning Officer;
(v) control a ballot box provided for the receipt of ballot papers and in the presence of the scrutineers if they desire to be present to see that the box is empty immediately prior to the opening of the ballot and thereupon seal the said box and to ensure that it remains sealed, until the time fixed for the closing of the ballot;
(vi) (A) after the closing date of the ballot in the presence of scrutineers appointed pursuant to Rule 71(c) to open each envelope referred to in (d)(iv)(A)(2) above which has been returned to him/her, examine the section of the envelope referred to in (d)(iv)(A)(3) above, strike the name of the member appearing thereon off the roll as having voted in the election, and subject to (B) below, admit the inner envelope marked 'ballot paper only' containing the ballot paper to the count after removing it from the outer envelope;
(B) conduct prior to the removal of the inner envelope marked 'ballot paper only', in the presence of scrutineers, a random check of the signatures appearing on the outer envelope by comparing approximately one signature in every one hundred votes of the signature appearing in the organisation's records, provided the Returning Officer shall have a complete discretion to check any additional signatures as he/she thinks fit;
(C) engage, if he/she thinks fit, the services of a Bank Officer, or such other person skilled in the comparison of signatures, to assist him/her in decisions relating to signatures, providing that the Returning Officer shall be the final judge of whether the envelope has been signed by the member named therein:
(D) after processing each of the envelopes referred in (A) above, to remove the ballot papers admitted to the count from the envelopes marked 'ballot paper only' and proceed to count the ballot;
(E) no envelope referred to in (d)(iv)(A)(3) above shall be admitted to the count if the envelope has not been filled up or has not been filled up to an extent sufficient in the opinion of the Returning Officer to enable him/her to be satisfied as to the identity of the member casting such vote;
(F) to retain for a period of twelve months after completion of an election the roll of voters, and each envelope and the ballot paper referred to above;
(G) the Returning Officer for the purposes of carrying out the matters set out in (A), (B), (C) and (E) above may require the relevant Branch Secretary to provide him/her with reasonable access to the Branch Membership Records at such and for such period or periods of time as he/she might reasonably require. Such access shall not be or deemed to be possession for the purposes of (F) or the provisions of the Act though any copies of such membership records, or parts thereof, made by or on behalf of the Returning Officer and coming into his/her possession shall be retained for a period of twelve months in accordance with the provisions of the Act or pursuant to (F) above as the case may be.
(H) wherever in this Rule there is reference to the Returning Officer such expression shall include any of his/her staff or any person duly authorised by him/her or on his/her behalf to conduct or assist in the conduct of any of the said elections or any part thereof.
(vii) following the close of nominations in the year of election the Returning Officer shall declare the results of the ballot as a whole or as far as it has progressed and submit a report to the Branch Secretary. On completion of the ballot for the remaining positions, the Returning Officer shall declare the result of the ballot and submit a full report to the
Divisional Secretary indicating the number of ballot papers printed, the number distributed, the number on hand, and any other relevant matters.
(e) The system of voting adopted by a Branch shall be known as first past the post and shall allow for an order of preference to be indicated by the voter so that in the event of the elimination of a candidate or candidates an effective vote may still be cast. In the event of the votes of two or more candidates, one of whom is sitting Officer, being equal, the sitting Officer shall be declared to be elected. In other cases of equal voting the Returning Officer shall determine the ballot by drawing lots. Where a member votes and his/her intention is clear, his/her vote will be included in the count. This intention may be indicated by a cross or a tick or a number.
(f) The election of Branch Committee of Management Members shall be conducted by the Branch Returning Officer in a similar manner to the election of other Officers of the Branch; provided that in the election of these Members the voting shall be confined to members attached to the respective Industry Sections, a list of whose names shall be supplied by the Branch Secretary.
(g) One member from each Industry Section, elected by a General Meeting, shall be present as scrutineers during the counting of the ballot.
(h) Branches shall provide, by resolution of the Branch Committee of Management for the election of Delegates and/or Alternate Delegates to any body, having a state-wide character and with which a Branch is affiliated. Alternate Delegates so elected shall be entitled to act in the unavoidable absence of Delegates. Delegates and/or Alternate Delegates to these bodies shall be elected at such time and place as may be determined by the Branch from time to time. Nominations of Alternate Delegates shall be called for and made as an office and be elected in a separate ballot from that of Delegates and the ballots for these positions shall be conducted by the Branch Returning Officer by a secret ballot of the Branch Committee of Management.
Representatives and Deputy Representatives on Promotions Appeal Boards constituted by the Postal and Telecommunications Commissions shall be elected by the Branch Committee of Management in the same manner as provided for in this sub-rule. Nominations for all such positions shall be called for as provided in these Rules.
(i) Any candidate for election to a position on the Branch Committee of Management or any other position which is included in the ballot at the Biennial Election of Officers may, on payment of a sum of $10 and within seven days of the declaration of the poll or ballot, lodge with the Secretary of the Branch to which he/she is attached a demand for a recount, with the right to appoint his/her own scrutineer, and upon receipt of such demand the Secretary shall arrange within seven days for a recount to take place. In the event of the recount result being in favour of the person seeking the recount, the sum of $10 shall be refunded to the person concerned.
(j) The Branch Returning Officer may take action and give such directions as he/she considers necessary in order to ensure the secrecy of the ballot and that no irregularities occur in or in connection with the election or to remedy any inconsistency or inadequacy that arises in the application of the Rules in the conduct of the election.
(k) Circulars on behalf of candidates shall not bear the word "Official" and shall be authorised by at least one member of the Division.
68 - FILLING BRANCH VACANCIES - SHORT TERM
(a) In the event that any Branch Officer or Branch Committee of Management position becomes vacant for any reason and the unexpired part of the term is less than twelve (12) months or three quarters of the term of office before the date of the closing of the ballot for the next elections whichever is the greater the vacancy shall be declared vacant by the Branch Committee of Management at its next scheduled meeting and shall be filled by appointment of the Branch Committee of Management within three (3) months of the declaration of the vacancy.
(b) A person elected under this Rule to a Branch Office or Branch Committee of Management position shall hold office until the completion of the Branch ballot next following the filling of the said vacancy and if nominating for the same office or position at the next Branch ballot shall be deemed to be the holder of that office or position in accordance with Rule 4(j).
69 - FILLING BRANCH VACANCIES - LONG TERM
(a) In the event that any Branch Officer or Branch Committee of Management position becomes vacant for any reason and the unexpired part of the term is more than twelve (12) months or three quarters of the term of office before the date of the closing of the ballot for the next election whichever is the greater, the vacancy shall be declared vacant by the Branch Committee of Management at its next scheduled meeting following the occurrence of the vacancy. The election shall be conducted in the same manner and subject to the provisions of Rules 66 and 67.
(b) A person elected under this Rule to a Branch Office or Branch Committee of Management position shall hold office until the completion of the Branch ballot next following the filling of the said vacancy and if nominating for the same office or position at the next Branch ballot shall be deemed to be the holder of that office or position in accordance with Rule 4(j).
70 - CASUAL VACANCIES-BRANCH OFFICERS-FULL TIME POSITIONS
(a) Notwithstanding anything contained in Rules 68 and 69, where an office of a full-time officer (other than the position of a full-time Branch President or a full-time Branch Secretary) becomes vacant more than 56 days prior to the opening of nominations for the next election of the office concerned as provided by Rule 66, the Branch Committee of Management may resolve to abolish the office.
(b) Where the abolition of an office referred to in sub-rule (a) would result in no Divisional representation for a particular Division in the Branch office the Branch Committee of Management may resolve to abolish the office, or to convert the office to an honorary office.
(c) Where the Branch Committee of Management, resolves to abolish an office or to convert an office to an honorary office as referred to in sub-rule (a) or (b) hereof, the Branch Secretary shall refer the resolution to the Divisional Secretary who shall in accordance with Rule 10(b) submit to Divisional Conference within 14 days:
(i) the resolution to abolish the office, or to convert the office to an honorary office, as the case may be, for endorsement; and
(ii) the necessary rule changes required under the rules to abolish the office concerned or to convert the office concerned into an honorary office.
(d) Pending requirements of sub-rules (a), (b) and (c) and the certification of the rule changes by an Industrial Registrar, the provisions of Rules 68 and 69 shall not apply.
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