Amendments of the Advisory Council Election Regulations (ACT)
AUSTRALIAN CAPITAL TERRITORY.
Regulations 1951. No. 2.
Regulations under the Advisory Council
Ordinance 1936-1951.*
W I L F R E D S E L W Y N K E N T H U G H E S , Minister of State for
, the Interior, in pursuance of the powers conferred by the Advisory
I Council Ordinance 1936-1951 hereby make the following Regulations. Dated this fourteenth day of August, 1951.
>
| ,' | W | W. | W. S. 1 | S. K E N T | H U G H E S |
Minister of State for the Interior.
A M E N D M E N T S OF T H E ADVISORY COUNCIL E L E C T I O N R E G U L A T I O N S .
1. Regulation 3 of the Advisory Council Election Regulations is Definitions,
amended by omitting from sub-regulation (1.1 the definitions of
" Registrar " and " the Roll ".
2. Regulation 4 of the Advisory Council Election Regulations is Application „f
amended by omitting from paragraph (a) of sub-regulation (5.) the K?™™?""™!*''
words " , excepting the reference in sub-section (1.) of sectionninety-one B of the Commonwealth Electoral Act,".
3 . Regulations 7 and 8 of the Advisory Council Election Regulations Repeal of
are repealed. ,Sul8ations ' 4. Regulation 9 of the Advisory Council Election Regulations is
repealed and the following regulation inserted in its stead :—
*T " 9. The polling places in an election are the polling places i>0njng pittCp».
appointed within or for the Terri tory by the Chief Electoral Officer
in pursuance of regulation 41 of the Australian Capital Territory
Electoral Regulations.".
4054.—PRICE 5D. 5. Regulations 10, 11, 12 and 13 of the Advisory Council Election i{,epeaiof'
Regulations are repealed. ICUO*"™3 6. Regulation 14 of the Advisory Council Election Regulations is repealed and the following regulation inserted in its stead :—
" 1 4 . For the purpose of paragraph ( a ) of sub-section (2.) of fixing time of
section 5 of the Ordinance, the prescribed time, in relation to an entitlement regulation 25 of these Regulations to cause the election to be made.".
election, is six o'clock in the afternoon of the day upon which the
* Notified in the Commonwealth Gazette on 23rd August. 1951.
o - in
| Kepeal of | 7. Eegulations 15, 16, 1.7, 18, 19, 20, 21, 22, 23 and 24 of the |
regulations
| 15 to 24. | Advisory Council Election Eegulations are repealed. | |
| f ostal voting | 8. Regulation 36 of the Advisory Council Election Regulations is " (4.) When a postal vote certificate and postal ballot-paper are issued to an applicant elector, a copy of the ' Directions to Elector and Authorized Witness ' authorized by the Chief Electoral Officer shall be enclosed therewith.". | |
| and postal | ||
| ballot-papers. | amended by adding at the end thereof the following sub-regulation:— | |
| presiding | ||
| Duties of | 9. Regulation 45 of the Advisory Council Election Regulations is | |
| officer. | amended by omitting from paragraph (b) of sub-regulation (1.) the-* | |
| words " A r e you a natural-born or naturalized subject of the K i n g ? " | ||
|
10. Regulation 60 of the Advisory Council Election Regulations is
repealed and the following regulation inserted in its stead:—
| Filling of | " 60.— (1.) The several vacancies shall be filled in the following |
| vacancies. | manner:—- |
(a ) The Returning Officer shall determine a quota by dividing the total number of first preference votes by one more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by one. (b) Any candidate who has received a number of first preference votes equal to or greater than the quota so determined shall be elected.
(c) Unless all vacancies have been filled, the Returning Officer shall transfer the surplus votes ( that is, any number in excess of the quota) of each elected candidate to the con- t inuing candidates, in proportion to the voters' preferences, as follows :—
(i) The number of the elected candidate's surplus votes
shall be divided by the number of first preference^
votes received by him and the resulting fraction^
shall, for the purposes of this paragraph, be the > transfer value of that candidate's surplus votes. ( i i ) The whole of the ballot-papers of the elected
candidate shall be re-arranged, according to the i next available preference indicated thereon, in
separate parcels for the continuing candidates.
(i i i) The Returning Officer shall determine the number of votes to be transferred from the elected candidate to a continuing candidate by multi- plying the total number of ballot-papers of the elected candidate which bear the next available preference for that continuing candidate by the transfer value of the elected candidate's surplus votes.
(iv) The Returning Officer shall then, in respect of each continuing candidate, forthwith take at random, from the parcel containing the ballot-papers of the elected candidate which bear the next avail- able preference for that continuing candidate, the number of ballot-papers determined in accordance with the last preceding sub-paragraph of this paragraph, and transfer those ballot-papers to the continuing candidate.
' v ) The ballot-papers containing the first preference votes of the elected candidate which have not been transferred (that is, the ballot-papers con- taining the number of votes equal to the quota) shall be put aside as finally dealt with.
(d) When the surplus votes of all elected candidates have been transferred to the continuing candidates as provided by the last preceding paragraph, a continuing candidate who has received a number of votes equal to or greater than the quota shall be elected. Unless all the vacancies have been filled, the surplus votes (if any) of the elected candidate shall be transferred to the continuing candidates in accordance with the provisions of the last preceding paragraph, but, in the application of those provisions, only those ballot-papers which have been transferred to the elected candidate from a candidale previously elected shall be taken into consideration.
(e) If, as a result of the transfer of the surplus votes of a candidate elected in pursuance of the last preceding para- graph, or elected at a later stage of the scrutiny, a con- tinuing candidate has received a number of votes equal to or greater than the quota, he shall be elected. Unless all the vacancies have been filled, the surplus votes of the elected candidate shall be transferred to the continuing candidates in accordance with the provisions of paragraph (c) of this sub-regulation, but, in the application of those provisions, only those ballot-papers which have been
elected at the last preceding count shall be taken into transferred to the elected candidate from a candidate consideration.
( / ) The ballot-papers containing the first preference votes of a candidate who has been elected in pursuance of the pro- visions of paragraph (d) and (e) of this sub-regulation, together with the ballot-papers transferred to him from a candidate previously elected or excluded which have not been further transferred, shall be set aside as finally dealt with.
(g) If, after the count of the first preference votes, or after the transfer of the surplus votes of the elected candidate or candidates, no candidate has, or less than the number of candidates required to be elected have, received a number *t. votes equal to the quota, the candidate who has the fewest votes shall be excluded and the whole of his ballot- papers shall be transferred to the continuing candidates next in order of the voters' available preferences.
(/(,) If thereupon, or as the result of the exclusion of a candidate at any subsequent stage of the scrutiny, a continuing can- didate has received a number of votes equal to or greater than the quota, he shall be elected. Unless all vacancies have been filled, the surplus votes (if any) of the elected candidate shall be transferred to the continuing candi- dates in accordance with the provisions of paragraph (c) of this sub-regulation but, in the application of those provisions, only those ballot-papers which have been trans- ferred to the elected candidate from the candidate last excluded shall be taken into consideration. The ballot- papers containing the first preference votes of the elected candidate, together with the ballot-papers transferred to him from a candidate previously elected or excluded which have not been further transferred, shall be set aside as finally dealt with. If no continuing candidate has received a number of votes equal to the quota, the process of excluding the candidate with the fewest votes and the transferring of ballot-papers containing those votes to the continuing candidates shall be repeated until a continuing candidate has received a number of votes equal the quota or, in respect of the last vacancy, a majority of the votes.
(i) A continuing candidate who has received a number of votes equal to the quota shall be elected. In respect of the last vacancy, the candidate who receives a majority of the votes shall be elected notwithstanding that the number of votes so received by him is not equal to the quota.
" (2.) Where, on the count of the first preference votes, or at the same time at any subsequent stage of the scrutiny, two or more candidates are elected by reason of their having received a number of votes equal to or greater than the quota, any transfer of the surplus votes of those candidates shall be carried out in the order, first of the candidate with the largest surplus, second of the candidate with the next largest surplus and so on.
" (3.) Notwithstanding anything contained in the preceding provi- sions of this regulation, a transfer of the surplus votes of an elected candidate shall be deferred (but without affecting the order of that transfer) so long as the total number of those surplus votes is less than the difference between the total votes of the two continuing candidates with the fewest votes. In that case, unless all vacancies have been filled, the candidate with the fewest votes shall be first excluded and the ballot-papers containing his votes shall be transferred to the continuing candidates as provided in paragraph (g) of sub-regulation (1.) of this regulation. " (4.) 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. If, at the time of their election, two or more candidates have an equal number of votes, the Returning Officer shall decide the order of election of those candidates and the order of the transfer of their surplus votes. Tf in the final count for
filling the last vacancy, two candidates have an equal number of votes, the Returning Officer shall decide by his casting vote which candidate shall be elected. Except as provided in this sub-regulation, the Returning Officer shall not vote at the election.
" (5.) If, on the count of the first preferences, or at the same time at any subsequent stage of scrutiny, two or more candidates are elected by reason of their having received a number of votes equal to or greater than the quota, the election of those candidates shall be deemed to have been in the order, first of the candidate with the largest surplus, second of the candidate with the next largest surplus and so on.".
11. Regulation 66 of the Advisory Council Election Regulations is Method of
i i fining vacancies.
repealed.
12. T h e Schedule to flic Advisory Counci l E lec t ion R e g u l a t i o n s is The Schedule.
| , | a m e n d e d — |
| * | (a) | by o m i t t i n g F o r m s | 1, 2 and 3 ; and |
(/;) by o m i t t i n g F o r m s 7 and S and in se r t i ng in the i r s tead the
fo l lowing fo rms :—
i
FORM T.
Regulation -'in.
AUSTRALIAN CAPITAL TERRITORY.
Atlrisory Council Election Regulations.
POSTAL VOTE CERTIFICATE.
I herein certify that of is entitled, subject to the provisions of the Advisory Council Election Regulations, to vote by post in respect of the election of the elected members of the Advisory Council to be held on
Returning Officer. Dale CERTIFICATE OF VOTER.
T. the person named in the above certificate, hereby certify that the signature
of voter hereunder i- my personal signature written by me with my own hand.
Signature of Voter,
(in liis or her own handwriting.)
CERTIFICATE OF AUTHORIZED WITNESS.
I hereby certify that the above certificate was signed by the voter in his or
^ J»er own handwriting in my presence a t \here insert address of place where
signature is made and witnessed]. Signature of Authorized Witness (in own handwriting) —
| ) A | An elector whose name appears on the Roll for the State or Territory |
of
| ( s | Address of Witness | . Date |
FORM 8.
Regulation JS(i.
AUSTRALIAN CAPITAL TERRITORY.
Advisory Council Election Regulations.
POSTAL BALLOT-PAPER.
KLECTION OF THREE MEMBERS OF THE ADVISORY COUNCIL.
The elector must not mark his vote on this ballot-paper until after he has first exhibited it (unmarked) to the Authorized Witness.
4054.—2
I)
Directions.—Mark your vote on this ballot-paper by placing the numbers [here insert 1, 2, and no on an the case requires'] in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them, fold the ballot-paper, enclose it in the envelope addressed to the Returning Officer and fasten the envelope.
CANDIDATES.
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liv Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
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