Advisory Councils Election Regulations (Cth)

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STATUTORY RULES.

1927. No. 36.

REGULATIONS UNDER THE NORTHERN AUSTRALIA ACT 1926.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Northern Australia Act 1926, to come into operation forthwith.

Dated this twenty-seventh day of April, 1927.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,
C. W. C. MARR,
Minister of State for Home and Territories.

Advisory Councils Election Regulations.

Short title.

1. These Regulations may be cited as the Advisory Councils Election Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“election” means an election of members of the Advisory Council for North Australia or Central Australia, as the case may be.
“Returning Officer” means the Returning Officer appointed in pursuance of these Regulations for North Australia or Central Australia, as the case may be.
“the Schedule” means the Schedule to these Regulations.

Returning Officer.

3.—(1.) The Minister may appoint a Returning Officer for North Australia and a Returning Officer for Central Australia.

(2.) The Returning Officer for North Australia and the Returning Officer for Central Australia shall be charged with the duty of giving effect to these Regulations in North Australia and Central Australia respectively, subject to the directions of the Chief Electoral Officer for the Commonwealth.

Appointment of Officers.

4. Each Returning Officer may appoint such officers as are necessary for the conduct of an election.

Returning Officer cannot become candidate.

5.If the Returning Officer becomes a candidate for election to the Advisory Council he shall ipso facto cease to be Returning Officer.

C.1694.—Price 5d.

Direction to hold election

6.—(1.) As soon as practicable after the commencement of these Regulations, and thereafter as often as may be required, the Minister shall direct the Returning Officer to cause election to be made of Members of the Advisory Council of North Australia or Central Australia, as the case may be, and shall appoint the dates for the nomination of candidates, for the polling and for the close of the scrutiny.

(2.) The direction under this regulation for the holding of an election may be in accordance with Form 1 in the Schedule.

(3.) For the purposes of these Regulations the direction for the holding of an election shall be deemed to have been issued at the hour of six o’clock in the afternoon of the day on which the direction was issued.

Notification of election.

7.—(1.) Upon receipt of a Direction under the last preceding regulation, the Returning Officer shall—

(a) in the case of North Australia, publish in two consecutive weekly issues of the North Australia Gazette a notification of the issue of the Direction, and of the dates fixed for the nomination, the polling, and the close of the scrutiny; and
(b) in the case of Central Australia, publish in two consecutive weekly issues of the Commonwealth Gazette a notification of the issue of the Direction, and of the dates fixed for the nomination, the polling, and the close of the scrutiny, and shall post a copy of the notification in a conspicuous position at the Police Station at Alice Springs, or at any other Government office or building which, in his opinion, is more suitable or convenient for the purpose, and shall keep the notification so posted for a period of at least two weeks.

(2.) The Chief Electoral Officer for the Commonwealth may advise a Returning Officer by telegram of the issue of a direction for the holding of an election and the particulars thereof, and for the purposes of this section the Returning Officer may act on such advice as if the direction had been received by him.

Nomination day.

8.—(1.) Nomination day shall not be less than seven days, nor more than thirty days, after the date of the issue of the direction for the holding of an election.

(2.) The hour of nomination shall be twelve o’clock noon on nomination day.

Polling day.

9. Polling day shall not be less than seven days, nor more than fifty days, after nomination day.

Close of scrutiny.

10. The date for the close of the scrutiny shall be two months after polling day.

Date of elections after first election.

11. For the purposes of any election subsequent to the first election, the Minister shall fix such dates as will permit of the election being held, and the result of the election ascertained, prior to the expiration of the term of service of the sitting elected Members of the Advisory Council:

Provided that an election shall not be questioned on the ground that it has not been held and the result ascertained within the period mentioned in this regulation.

Casual vacancies.

12.—(1.) In the event of a vacancy occurring in the membership of an elected Member of the Advisory Council, the remaining Members of the Advisory Council shall appoint a person to fill the vacancy for the period for which the Member whose place has become vacant was elected, or until the next election of a Member of the House of Representatives for the Northern Territory at which it is practicable to hold a by-election for a Member of the Advisory Council, whichever first occurs.

(2.) A Member of the Advisory Council elected at a by-election shall hold office only for the unexpired portion of the term for which the Member whose place has become vacant was elected.

Nominations.

13.—(l.) Nominations shall be lodged with the Returning Officer at his office on or after the date of the issue of the direction for the holding of an election, and before twelve o’clock noon on the day of nomination.

(2.) Nominations may be in accordance with Form 2 in the Schedule, and shall be signed by at least six persons entitled to vote at the election.

(3.) A nomination shall not be valid unless at the time of delivery of the nomination paper the person nominated or some person on his behalf deposits with the Returning Officer the sum of Five pounds in money or in Australian notes or in a banker’s cheque.

(4.)The deposit made by or on behalf of a candidate shall be retained pending the election, and after the election shall be returned to the candidate, or to some person authorized by him in writing to receive it, if he is elected or if—

(a) in an election where two candidates are to be elected, the total number of votes polled in his favour as first preferences is more than one-tenth of the total number of first preference votes polled by the successful candidates in the election, or
(b) in an election where one candidate only is to be elected, the total number of votes polled in his favour as first preferences is more than one-fifth of the total number of first preference votes polled by the successful candidate in the election;

otherwise it shall be forfeited to the King.

Where number of candidates not greater than number of vacancies.

14. If the number of candidates nominated is not greater than the number required to be elected, the candidates nominated shall be elected.

Death of candidate.

15. If after the day of nomination and before polling day any candidate dies and the number of candidates remaining is not greater than the number required to be elected, the remaining candidates shall be elected.

Poll.

16.—(1.) If the number of candidates nominated is greater than the number required to be elected the Returning Officer shall proceed to take a poll of the electors as nearly as practicable in the same manner as a poll of electors for the purpose of electing a Member of the House of Representatives for the Northern Territory and for this purpose the

provisions of Division 1 and 2 of Part IX. of the Northern Territory Electoral Regulation, in so far as they are applicable, shall mutatis mutandis be applied:

Provided that—
(a) the forms of ballot-paper to be used at the election may be in accordance with Form 3 or 4 in the Schedule, as the case requires, and the postal vote certificate and form of declaration may be in accordance with Form 5 in the Schedule;
(b) a reference to the issue of a Writ shall be read as a reference to the issue of the direction for the holding of an election and a reference to the date fixed for the issue of a Writ shall be read as a reference to the date of such direction;
(c) the polling places appointed for the purposes of an election of a Member of the House of Representatives for the Northern Territory shall be polling places for the purposes of an election of a Member of the Advisory Council;
(d) enrolment for the purposes of the Northern Territory Electoral Regulations shall be deemed to be enrolment for the purpose of these Regulations;
(e) a reference to the Assistant Returning Officer at Alice Springs, or the Assistant Returning Officer when it refers to the Assistant Returning Officer at Alice Springs, shall be read as a reference to the Returning Officer for Central Australia;
(f) the question to be put to an elector pursuant to regulation 72 (1) (a) (ii) of the Northern Territory Electoral Regulations shall be as follows:—
“Is your real place of living within North Australia” (or “ Central Australia,” as the case may be.)
(g) the form of declaration to be used at the polling by a person claiming to vote under the provisions of regulation 72 (3), 79, or 91 (3), of the Northern Territory Electoral Regulations as applied to an election of Members of the Advisory Council may be in accordance with Form 6 in the Schedule;
(h) the form of declaration to be used at the polling by a person claiming to vote under the provisions of regulation 78 of the Northern Territory Electoral Regulations as applied to an election of Members of the Advisory Council who declares that his name has been omitted from, or struck out of, the Certified List of Voters for the polling place at which he claims to be entitled to vote, owing to an error of an officer, or a mistake of fact, may be in accordance with Form 7 in the Schedule;
(i) the form of application for Postal Vote Certificate and form of declaration and a postal vote certificate may be in accordance with Form 8 in the Schedule.

Electoral subdivisions and rolls

17.—(1.) The Electoral Subdivisions proclaimed under the provisions of the Northern Territory Electoral Regulations shall be the Electoral Subdivisions for the purposes of these Regulations.

(2.) The Registrar for each Electoral Subdivision included in North Australia or Central Australia, as the case may be, shall, upon application by the Returning Officer, supply to him, for the purposes of any election, as many certified copies of the Electoral Roll for the Subdivision, corrected up to and inclusive of the date of the issue of the direction for the holding of an election, as may be necessary for the purposes of the election, and the certified copies so supplied shall be the rolls of electors upon which the election shall be held.

The scrutiny.

18.—(1.) The result of the polling shall be ascertained by scrutiny.

(2.) Subject to these Regulations, the provisions of Divisions 1, 2, 3, and 4 of Part X. of the Northern Territory Electoral Regulations, in so far as they are applicable, shall apply, mutatis mutandis, to an election held under these Regulations.

Mode of determining the result of the scrutiny.

19.—(1.) The first vacancy shall be filled in the following manner:—

(a) The Returning Officer, from the result of the scrutiny of all votes counted by him, shall ascertain the total number of first preference votes given for each candidate.
(b) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.
(c) If no candidate has received an absolute majority of first preference votes a second count shall be made.
(d) At the second count, the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference.
(e) If at the second count a candidate has an absolute majority of votes he shall be elected, but if no candidate has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his ballot-papers to the unexcluded candidate next in the order of the voter’s preference shall be repeated by the Returning Officer, until one candidate has received an absolute majority of votes.
(f) The candidate who has received an absolute majority of votes shall be elected.

(2.) The second vacancy shall be filled in the following manner:—

(a) The Returning Officer shall re-arrange all the ballot-papers under the names of the respective candidates in accordance with the first preference indicated thereon, except that each ballot-paper on which a first preference for the elected candidate is indicated, shall be placed in the parcel of the candidate next in order of the voter’s preference.
(b) The Returning Officer shall than count the ballot-papers in the parcel of each candidate and ascertain the total number of votes given for each candidate.
(c) If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in paragraphs (c), (d), and (e) of the last preceding sub-regulation until one candidate has received an absolute majority of votes:

Provided that, in the application of paragraphs (c) and (d)of the last preceding sub-regulation, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this sub-regulation.
(d) The candidate who has received an absolute majority of votes shall be elected.

(3.) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded; and if, in the final count for filling any vacancy, two candidates have an equal number of votes, the Returning Officer shall decide by his casting vote which shall be elected; but, except as provided in this sub-regulation, he shall not vote at the election.

(4.) In this regulation “an absolute majority of votes” means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers. The casting vote of the Returning Officer, given in pursuance of the last preceding sub-regulation, shall be included in reckoning an absolute majority of votes.

Ballot-papers to be parcelled and sealed.

20 The Returning Officer shall—

(a) place in a separate parcel all the ballot-papers which have been rejected as informal;
(b) place in a separate parcel all the unrejected ballot-papers; and
(c) seal up the parcels and endorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the endorsement.

Returning officer may proceed with scrutiny without awaiting receipt of votes in certain cases.

21. Where the Returning Officer is satisfied that the votes on any postal ballot-papers which have been issued under these Regulations, but which have not been received by him, cannot, having regard to the numberof those ballot-papers, possibly affect the result of the election, the Returning Officer may, subject to the concurrence of the Chief Electoral Officer, proceed with the scrutiny without awaiting the receipt of the postal ballot-papers.

Recount.

22. The provisions of Division 6 of Part X. of the Northern Territory Electoral Regulations, in so far as they are applicable, shall apply, mutatis mutandis, to an election held under these Regulations.

Notification of result of election.

23. The Returning Officer shall, as soon as conveniently may be, after the result of an election has been ascertained—

(a) advise the Minister and the Government Resident of the names of the candidates elected; and
(b) notify the names of the candidates elected—
(i) in the case of North Australia:—by notice published in the North Australia Gazette; and
(ii) in the case of Central Australia—by notice published in the Commonwealth Gazette and notice posted in a conspicuous position at the Police Station at Alice Springs, or at any other Government office or building which, in his opinion, is more suitable or convenient for the purpose.

Miscellaneous.

24. The provisions of Part XII. of the Northern Territory Electoral Regulations, in so far as they are applicable, shall apply, mutatis mutandis, to an election of Members of the Advisory Council.

Person elected to hold office until dispute determined.

25. In the event of an election being disputed, the person declared to be elected shall hold office until the dispute is determined as provided in these Regulations.

Disputed election.

26. The validity of an election may be disputed by a petition addressed to the Supreme Court of North Australia, or the Supreme Court of Central Australia, as the case may be, and not otherwise.

Requisites of petition.

27. Every petition disputing an election shall—

(a) set out the facts relied upon to invalidate the election;
(b) contain a prayer asking for the relief the petitioner claims to be entitled to;
(c) be signed by the candidate disputing the election, or by a person who is qualified to vote thereat;
(d) be attested by two witnesses whose occupation and addresses are stated;
(e) be filed with the Clerk of the Supreme Court of North Australia, or with the Clerk of the Supreme Court of Central Australia, as the case may be, within forty days after the result of the election has been notified in accordance with regulation 23 of these Regulations.

Deposit as security for costs.

28. At the time of filing the petition the petitioner shall deposit with the Clerk of the Supreme Court of North Australia or the Supreme Court of Central Australia, as the case may be, the sum of Ten pounds (£10) as security for costs.

Application of Commonwealth Electoral Act.

29. The provisions of Sections 85 (3), 92, 93, 93a, 93b, 94, 95, 166, 169, 170, 189, 189a, 190, 193, 194, 194a, 195, 197, 198, 199, 213 and 214 of the Commonwealth Electoral Act 1918-1925, in so far as they are applicable, shall apply, mutatis mutandis, to an election under these Regulations.

30. In the application of the Commonwealth Electoral Act 1918-1925 and the Northern Territory Electoral Regulations to an election, a reference to the Court of Disputed Returns shall be read as a reference to the Supreme Court of North Australia or the Supreme Court of Central Australia, as the case may be.

THE SCHEDULE.

Form 1.

Commonwealth of Australia.

The Northern Australia Act 1926.

Election of Members of the Advisory Council for*

To—
The Returning Officer for*

I hereby direct you to cause election to be made of Members of the Council for* , to serve from and after and I appoint the following dates for the purposes of the Election—

l. For nomination the day of 19 .
2. For taking the poll in the event of the election being contested, the day of , 19
3. For the close of the scrutiny, the day of , 19
Dated at the day of , 19 .

Minister of State for Home and Territories.

* Here Insert “North Australia” or “Central Australia” as the case requires.

Here insert, in the case of the first election or of any by election “the date of the notification of their election” and in the case of any other election, insert the date upon which the vacancies will occur.

Form 2.

Commonwealth of Australia.

The Northern Australia Act 1926.

Nomination of a Member of the Advisory Council for.*

To—

The Returning Officer for*

We, the undersigned electors on the electoral Roll for* , and entitled to vote at the Election of a Member of the Advisory Council for* do hereby nominate [here insert the Christian name or names in full, surname, place of residence, and occupation of person nominated] as a Member of the said Advisory Council.

Date the day of 19

*Here insert “North Australia” or “Central Australia” as the case requires.

Signature of Nominator.

Place of living.

Subdivision for when Enrolled.

I, , of , consent to the above nomination and to act if elected, and declare that I am qualified under the Northern Australia Act 1926, to be elected as a Member of the Advisory Council for*

Signature of Candidate.

Witness
Address

*Here Insert “North Australia” or “Central Australia” as the case requires.

N.B.—The Candidate’s consent to the nomination and his declaration of qualification may be on a separate paper and in any form, but if given on the nomination paper in the above form their sufficiency is not to be questioned.

A nomination must be signed by not less than six persons entitled to vote at the election for which the candidate is nominated, and must be lodged with the Returning Officer after the date of the issue of the direction to hold the election and before twelve o’clock noon on the day of nomination, together with a deposit of Five pounds in money or in Australian Notes or in a banker’s cheque.

The qualifications and disqualifications of Members of the Advisory Council and of electors shall be the same as the qualifications and disqualifications prescribed for electors of Members of the House of Representatives.

Form 3.

Ballot-paper to be used by an elector voting at a polling place.

Commonwealth of Australia.

The Northern Australia Act 1926.

Election of Members of the Advisory Council, for (here insert “North Australia” or” Central Australia,” as the case requires)

Directions. —The elector should mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom be votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and soon, as the case requires) in the squares opposite their names, so as to indicate the order of his preference for them:

Candidates.

BROOKMAN, JOHN.
CRANE, JOSEPH.
FRENCH, CHARLES.
KING, WILLIAM.
WILSON, HENRY.

Form 4.

Ballot-Paper to be used by an Elector Voting by Post.

[Front of Form.]

The Elector should carefully read the directions for his guidance printed on this ballot-paper, and in particular note that he must not mark his vote thereon until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

Commonwealth of Australia.

The Northern Australia Act 1926.

Election of Members of the Advisory Council for [here insert “North Australia” or “Central Australia”, as the case require]

Candidates.

................................................................................
................................................................................
................................................................................
................................................................................

Note.—Unless the Elector’s vote is marked on this ballot-paper on or before Polling Day, namely the day of 192 , and is received by the Returning Officer within two months after that day, it will not be admitted to the scrutiny.

[See other Side]

Form 4—continued.

[Back of Form.]

Direction to Elector and Authorized Witness.*

(*Note.—A list of persons who are authorized witnesses is printed on the envelope bearing the form of declaration to be used by the Elector.)

(a) The elector shall exhibit his unmarked postal ballot-paper and his postal vote certificate to the authorized witness.

(b) The prescribed form of declaration (printed on the envolope below the postal vote certificate) must, after being filled up, be signed by the elector, in the place provided for his signature, with his personal signature, in the presence of the authorized witness.

(c) The authorized witness shall then and there sign his name in his own handwriting on the form of declaration in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness and the date.

(d) The elector shall then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the ease requires), in the square opposite their names, so as to indicate the order of his preference for them, and shall fold the ballot-paper so that the vote cannot be seen,. and hand it so folded to the authorized witness.

(e) The authorized witness shall then and there place the ballot-paper in the envelope addressed to the Returning Officer, fasten the envelope, and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer.

(f) If the elector satisfies the authorized witness that his sight is so impaired, or that he is so physically incapacitated or illiterate that he is unable to vote without assistance, the authorized. witness, in the presence of a witness, shall—

(i) fill in the form of declaration with the required particulars relating to the enrolment of the elector, as requested by such elector;
(ii) read over to the elector the form of declaration;
(iii) require the elector to sign the form of declaration—
(a) in his own handwriting it he is able to do so; or
(b) with his mark as his personal signature if he is unable to sign his name in his own handwriting;
(iv) cause the signature of the elector, if made by means of a mark, to be witnessed by the witness;
(v) complete and attest the declaration;
(vi) mark and fold the ballot-paper for the elector;
(vii) enclose the ballot-paper in the envelope addressed to the Returning Officer; and
(viii) securely fasten the envelope and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer.

Further Directions to Authorized Witness.

The authorized witness shall not, unless he is satisfied that the elector's sight is so impaired or that he is so physically incapacitated or illiterate that he cannot vote without assistance, look at or make himself acquainted with the vote given by. the elector, and, except as provided in paragraph (f) of the preceding Directions, shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector's vote, or to assist the elector to vote, or to interfere in any way with the elector in relation to his vote.

Every authorized witness shall—

(a) comply with the preceding directions in so far as they are to be complied with on his part;
(b) see that the preceding directions are complied with by every elector voting by post before him, and by every person present when the elector votes; and
(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him.

Penalty: One hundred pounds, or imprisonment for three months.

Form 4—continued.

Duty of Person Present when an Elector Votes by Post.

Any person present when an elector is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness;
(b) refrain from making any communication whatever to the elector in relation to his Vote;
(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and
(d) except as provided in paragraph (f) of the Directions to Elector and Authorized Witness, refrain from looking at the elector's vote or from doing anything whereby he might become acquainted with the elector's vote.

Penalty: One hundred pounds, or imprisonment for three months.

Penalty for Unlawfully Marking Ballot-paper.

No person other than:

(a) the elector to whom the ballot-paper has been issue; or
(b) an authorized witness, acting in pursuance of paragraph (f) of the Directions to Elector and Authorized Witness,

shall mark the vote on this ballot-paper.

Penalty: One hundred pounds, or imprisonment for six months.

[See other side.]

Form 5.

Commonwealth of Australia.

The Northern Australia Act 1926.

Postal Vote Certificate.

I hereby certify that of is entitled (subject to the provisions of the Advisory Councils Election Regulations) to vote by post in respect of an election of two Members of the Advisory Council for * , to be held on the day of 19 , pursuant to the direction of the Minister.

Returning Officer for

Date / /19

Declaration to be Made by an Elector for the purpose of Voting by Post at an Election of Members of the Advisory Council For*

I declare that I am the person enrolled as—

Surname

Christian Names at full length

Place of Living (as appearing on roll).

Occupation

on the Electoral Roll for the Subdivision of*

That my real place of living is in* ; that I have not already voted in connexion with the election to which the above certificate relates; and I promise and declare that if I am permitted to vote I will not again vote in connexion with the said election.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of' securing a ballot-paper to which I. am not entitled, or for the purpose of voting at the election, or wilfully make any false statement in this declaration, I will be prosecuted, and am liable to two years’ imprisonment.

Personal Signature of Elector

Signed before me the day of 19 .

Title under which Witness
Authorized Witness	acts as Authorized
Witness

Address of Authorized Witness

*Here insert “North Australia” or “Central Australia” as the case requires.

Form 5—continued.

Authorized Witnesses.—The following persons are Authorized Witnesses namely—

The Returning Officers for North Australia or Central Australia; the Electoral Registrar for a Subdivision of the Territory; all postmasters and postmistresses, or postal officials in charge of post offices and all mail contractors carrying mails in the Territory; all magistrates and justices of the Peace of the Territory; all head teachers in the employment of the Territory; all officers of the Department of Trade and Customs stationed in the Territory; all members of the police force of the Territory; all legally qualified medical practitioners practicing in the Territory; all officers in charge of telegraph stations in the Territory; all telegraph-line repairers permanently employed in the Territory who are in charge of working parties; all railway stationmasters and night officers in charge and all permanent-way inspectors and roadmasters who are permanently employed in the railway service in the Territory; all surveyors in charge of survey camps in the Territory; all officers in charge of well-boring parties in the Territory; all managers of experimental farms in the Territory; all engineers, accountants, and timekeepers engaged on railway construction work in the Territory; all public telephone-keepers, mine managers, station managers, and station overseers employed in the Territory; all persons in charge of mission stations and all missionaries at mission stations in the Territory; and, where an elector is in a State, all those persons who are authorized witnesses within the meaning of section 86 of the Commonwealth Electoral Act. “The Territory” in this paragraph means North Australia or Central Australia.

No person who is a candidate at any election shall be an authorized witness at that election.

Notes.—-(1) The attention of the Voter and Authorized Witness is specially directed to the necessity of strictly observing the instructions endorsed on each postal ballot-paper, and to the fact that this envelope containing the postal ballot-paper (after having been marked by the voter), must be forthwith posted or delivered to the Returning Officer to whom it is addressed, by the Voter, or by the person to whom it is entrusted by the Voter for the purpose of posting or delivery.

(2) Any person to whom an envelope containing or purporting to contain a postal ballot-paper is entrusted by a voter for the purpose of posting or delivery to a Returning Officer, and who fails to forthwith post or deliver the envelope, shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for One month.

(3) No person other than the Returning Officer to whom this envelope is addressed, or an officer acting under his directions, shall open the envelope after the elector's vote has been placed in the envelope and it has been fastened by an Authorized Witness.

Penalty: Fifty pounds.

Form 6.

Commonwealth of Australia.

The Northern Australia Act 1926.

Form of Declaration to be used at the Polling by a person claiming to Vote under the Provisions of Regulations 72 (3), 79, or 91 (3) of the Northern Territory Electoral Regulations as applied to an election for the Advisory Council.

I, (a)................................................................................................. of (b)..........................................................................................................

(a) Name in full (as appearing on Roll). (b) Address in full (as appearing on Roll).

(c)........................................................................................................................ declare that:—

(c) Occupation (as appearing on roll).

(1) That I am enrolled on the Electoral Roll for the........................................................................ Subdivision.

(2) That I claim to vote under the provisions of Regulation*........................................................ of the Northern Territory Electoral Regulations as applied to an election for the Advisory Council.

(3) That ...........................................................................................................................................................................................................................................

...........................................................................................................................................................................................................................................

Personal Signature of Voter.....................................................................................................................................................................................................

Signed before me the ................................................................................ day of ................................................................................. 19.......................................................................................................................

at............................................................................................. polling place.

NOTE.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.

* Insert 73(3), 79, or 91 (3) as the case requires.
Insert reasons which the voter alleged entitle him to vote.

DIRECTIONS.

1. This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.

(2) The Presiding Officer shall then (subject to the provisions of Regulation 72 of the Northern Territory Electoral Regulations as applied to an election for the Advisory Council) initial and hand to the voter one ballot-paper headed “Regulation 72(3)”, “Regulation 79”, or “Regulation 91(3)”, as the case requires, for the election held on the date upon which this declaration is made.
(3) The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there in private mark his vote on the ballot-paper handed to him in the manner directed thereon; (ii) fold the ballot-paper in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper so folded to the Presiding Office before whom he made his declaration.
(4) The Presiding Officer will see that he received from the voter the ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper received from that voter in the envelope bearing the declaration of the voter and addressed to the Returning Officer, securely fasten the envelope, and deposit it in the ballot-box.

Form 7.

Commonwealth of Australia.

The Northern Australia Act 1926.

Form of Declaration to be used at the Polling by a person claiming to Vote under the Provisions of Regulation 78 of the Northern TerritoryElectoral Regulations as applied to an election for the Advisory Council who declares that his Name has been omitted from, or struck out of, the Certified List of Voters for the polling place at which he claims to be entitled to vote, owing to an error of an officer, or a mistake of fact.

I, (a)................................................................................................. of (b)..........................................................................................................

(a) Name in full (as appearing on Roll). (b) Address in full (as appearing on Roll).

(c)........................................................................................................................ declare that:—

(c) Occupation (as appearing on roll).

That I am entitled to be enrolled on the Electoral Roll for the.................................................................................................................. Subdivision of*
That after becoming qualified for the enrolment in respect of which I claim to vote: I sent or delivered to the Register for the Subdivision a duly completed claim for enrolment (or transfer of enrolment), and that my claim was received by the Registrar before 6 o’clock in the afternoon of the (d).............................................................................................................................................................................................................................. that is, before the issue of the direction for the holding of the election being held this day:

(d) Date of Issue of direction for the holding of the Election.

That from the time of sending or delivering my claim to the Registrar and up to the issue of the direction as aforesaid, I continuously retained my right to be enrolled for the Subdivision and did not become qualified for enrolment for any other Subdivision:
That to the best of my knowledge and belief my name has been struck out of, or omitted from, the Certified List of Voters for this polling place owing to an error of an officer or a mistake of fact, and not as a result of an objection on the ground of non-residence or other disqualification, or in consequence or the transfer or duplication of my enrolment.

Personal Signature of Voter.....................................................................................................................................................................................................

Signed before me the ................................................................................ day of ................................................................................. 19.......................................................................................................................

at............................................................................................. polling place.

NOTE.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.

* Here insert name of Subdivision.

DIRECTIONS.

1. This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.—2. The Presiding Officer shall then (subject to the provisions of Regulation 72 as applied to an election for the Advisory Council) initial and hand to the voter one ballot-paper headed “Regulation 78”) for the Election held on the date upon which this declaration is made.—3. The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there in private mark his vote on the ballot-paper handed to him in the manner directed thereon; (ii) fold the ballot-paper in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper so folded to the Presiding Office before whom he made his declaration.—4. The Presiding Officer will see that he received from the voter the ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper received from that voter in the envelope bearing the declaration of the voter and addressed to the Returning Officer, securely fasten the envelope, and deposit it in the ballot-box.

Form 8—continued.

An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a Postal Vote Certificate and Form of Declaration and a Postal Ballot-paper, or in the declaration contained in such application.

Penalty: Fifty pounds, or imprisonment for one month.

Signed by the elector with his personal signature
in my presence—
Signature of
Authorized Witness	Personal
(in own handwriting)		Signature
(Title under which witness acts as Authorized		of Elector
Witness.)
Address of
Authorized Witness

Dated at the day of 19

The following persons are Authorized Witnesses, namely:—

The Returning Officers for North Australia or Central Australia; the Electoral Registrar for a Subdivision of the Territory; all postmasters and postmistresses, or postal officials in charge of post offices and all mail contractors carrying mails in the Territory; all magistrates and justices of the peace of the Territory; all head teachers in the employment of the Territory; all officers of the Department of Trade and Customs stationed in the Territory; all members of the police force of the Territory; all legally qualified medical practitioners practicing in the Territory; all officers in charge of telegraph stations in the Territory; all telegraph-line repairers permanently employed in the Territory who are in charge of working parties; all railway stationmasters and night officers in charge and all permanent-way inspectors and roadmasters who are permanently employed in the railway service in the Territory; all surveyors in charge of survey camps in the Territory; all officers in charge of well-boring parties in the Territory; all managers of experimental farms in the Territory; all engineers, accountants, and timekeepers engaged on railway construction work in the Territory; all public telephone-keepers, mine managers, station managers, and station overseers employed in the Territory; all persons in charge of mission stations and all missionaries at mission stations in the Territory; and, where an elector is in a State, all those persons who are authorized witnesses within the meaning of section 86 of the Commonwealth Electoral Act. “The Territory” in this paragraph means North Australia or Central Australia.

No person who is a candidate at any election shall be an authorized witness at that election.

Printed and Published for the Government of the Commonwealth of Australia

by H. J. Green, Government Printer for the State of Victoria

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Advisory Councils Election Regulations (Cth)

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