Amendments of the Advisory Council Election Regulations (ACT)

THE TERRITORY FOR THE SEAT OF

GOVERNMENT.

Regulations under the Advisory Council Ordinance

1930-1932.

1 J A M E S ,

A I T C H I S O N J O H N S T O N H U N T E R , a Member of the

Executive Council, acting for"' the Minister of State for the Interior, in pursuance of the powers conferred by the Advisory	Council
Ordinance 1930-1932, hereby make the following Regulations.

Dated this fifteenth day of July, 1935.

J . A. J . H U N T E R

for Minister of State for the Interior.

A M E N D M E N T S O F T H E A D V I S O R Y COUNCIL E L E C T I O N

R E G U L A T I O N S .

1. I n these Regulations, any reference to a regulation shall he read interpretation.

as a reference to a regulation contained in the Advisory Council Elec- tion Regulations, as amended prior to the commencement of these Regulations, and any reference to a Form shall he read as a reference to a Form contained in the Schedule to those Regulations, as so aanended.

2. Regulation 2 is amended— Definitions.

(a) by omitting the definition, of " R o l l " ;

(b) by inserting in the definition of " the Ordinance ", after the

word " includes", the words " that Ordinance as sub-
sequently amended and " ; and

(c) by inserting after the definition of " the Ordinance" the following definition:

" ' The R o l l ' means the Roll prepared by the Registrar in pursuance of regulation 9 of these Regulations.".

3. Regulation 3 is amended— Application of

(a) by omitting from sub-regulation (1.) the words " of para- JS™iWAct!h

graph (c) of section seventy-three,"; and

(b) by inserting after sub-regulation (2.) the following sub-

regulation :—

" ( 2 A . ) In the application of section seventy-three of the Commonwealth Electoral Act to the Terri tory—

(a) any reference to the Commonwealth Electoral
Officer or Divisional Returning Officer shall he

read as a reference to the Returning Officer for

the Terr i tory; and

(b) the words ' F i v e pounds ' shall be deemed to be

substituted	for	the	words	' Twenty-five
pounds ' . " .

(b) by omitting from sub-regulation (2.) the words "of the Commonwealth or ".

4. Regulation 9 is repealed and the following regulation is inserted in its stead:

"9.—-(1.) The Registrar shall prepare, in respect of each election, noli of Electors.

a Roll of electors, which shall be in accordance with Form 1.
(2.) The Registrar may place upon any such Roll the names of all persons—

(a) whose names were on the Roll prepared in respect of the last preceding election, and who, to the best of his knowledge and belief, are still living in the Terri tory and are entitled to have their names placed on the Roll ; and •

(b) who are entitled to have their names placed on the Roll in pursuance of claims for enrolment.".

the words " Siibject to sub-section' (3.) of section 5 of the Ordinance/ ' . , o r CIlrolment'	5. Regulation 12 is amended by inserting before the word " Every " Qualifications
G. Regulation 14 is amended— claims for

(a ) by omitting sub-regulation ( 1 . ) ; and enrolment.

Minister may

direct elections	7. Regulation 23 is amended hy omitting from sub-regulation (1.) the words "As soon as practicable after the commencement of these Regulations, the Minister shall" and inserting in their stead the words " The Minister shall, whenever necessary,".
to be held.
Form and place	8. Regulation 27 is amended by adding at the end thereof the fol- "(3.) 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 the total number of votes polled in his favour as first preferences is more than one-tenth of the average number of first preference votes polled by the successful candidates in the election; otherwise it shall be forfeited to the King.".
of nomination.	lowing sub-regulation:
person whoso
Voting by	9. Regulation 60 is amended by omitting sub-paragraph (ii) of
name omitted	paragraph (a) of sub-section (1.) and inserting in its stead the follow- "(ii) his name was on the Roll prepared in respect of the last preceding election and he is still living in the Territory and entitled to have his name placed on the Roll; or ".
from Roll or
cannot be	ing sub-paragraph:
found.
Informal ballot-	10. Regulation 55 is amended by omitting paragraph (b) of sub-
papers.	regulation (1.) and inserting in its stead the following paragraph:

"(b) it has no vote indicated on it, or it does not indicate the voter's first preference for one candidate and the order of his preference for all the remaining candidates; ".

Method of	11. Regulation 58 is amended-—
filling vaoancics.

(a) by omitting from paragraph (d) of sub-regulation (1.) the

word " unexhausted " ;

(b) by omitting from paragraph (a) of sub-regulation (2.) the

words ", if unexhausted," ;

(c) by omitting from the proviso to sub-regulatio7i (3.) the

words ", if unexhausted," ;

(d) by omitting sub-regulations (5.) and (6.); and

(e) by omitting from sub-regulation (8.) the words "and

exhausted ".

Result ot poll.	12. Regulation 59 is amended by omitting from paragraph (6) of sub-regulation (1.) the words " of State for Home Affairs ".
Form 2.	13. Form 2 is repealed and the following Form inserted in its

stead:—

" FORM 2.

(Front of Form)

Reg. 14.

THE TERRITORY FOR THE SEAT OF GOVERNMENT.

ADVISORY COUNCIL ELECTION REGULATIONS.

CLAIM FOR ENROLMENT.

Surname

Christian names (in full)

Place of living (give full address)

Occupation Sex

To the Electoral Registrar,

Territory for the Seat of Government, ,

•1. I am a natural-born or naturalized subject of the King. 2. I have lived in Austral ia for six months continuously. 3. I now live in the Territory for the Seat of Government and have so

lived for a period of one month immediately preceding the date of

this claim.

4. I am not under twenty-one years of age.
6. I hereby claim enrolment on the Roll of Electors for the Territory.

6. I declare tha t to the best of my knowledge and belief the whole of

the statements made in this claim are true.

Dated this day of 1 9 . . .

(Personal signature of c laimant) .

CERTIFICATE BY W I T N E S S .

I, the undersigned, being an elector or person qualified to be an elector of the Territory, certify t h a t I saw the ahovenamed claimant sign the foregoing claim, and tha t I either know the statements in the claim to be t rue or have satisfied myself, by inquiry of the claimant, or otherwise, tha t the said state- ments are true.

(Personal signature of witness in own

handwriting.) (Occupation.)

(Place of living.)

See Instructions on back of Form.

(Back of Form)

INSTRUCTIONS TO C L A M A N T .

1. This Form must be used when claiming enrolment on the Roll for the Territory and i t may be used for the purpose of applying for the correction of a name or particulars of enrolment appearing on tha t Roll.

2. The signature of the claimant ou this claim must be his personal signa- ture . If unable to sign hi9 name in his own handwriting, he may make his mark as hia signature, but the mark must be made in the presence of the person who signs as witness.

3. The claimant must see tha t he receives an acknowledgment of this claim in due course.

INSTRUCTIONS TO W I T N E S S .

1. The person witnessing this claim must be an elector or person qualified to be an elector of the Territory.

2.

A person must not sign his name as witness— (o) on any claim which has been wholly or partly filled in, unless it

has been signed by the person to whom it relates; or

(o) on any claim unless he has seen the person whose signature he pur-

ports to witness sign it.

3.

A person must not write on any claim for enrolment as his own name—• (6) any name not being his own name.

This space is to be filled in by the Registrar.

Received (date) :
Registered (date) :
Acknowledged (date) :

Initials of Registrar:

14. Form 3 is amended by the deletion of the words " Home Affairs " Form 3.

in the last line and the substitution therefor of the word	" In t e r i o r . "
15. Form 5 is amended—	Form 6.

(a) by inserting at the end of paragraph (c) the word' " o r " ;

and

(b) by omitting the following words:—

" 5. or

(e) that I will not, between the date of the nomination
of the candidates and polling day be within the

Terri tory under conditions that will permit of my

voting in the Ter r i to ry" .

16. Form 7 is amended— Form 7.

( a ) by omitting from paragraph (d) of the "Directions to

Elector and Authorized Witness " all the words from and including the words " in the squares " (first occurring) to and including the words " used by h im " and inserting in their stead the words " the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and must place the numbers 2, 3, 4, (and so on as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate

the order of his preference for t h e m " ; and

(b) by adding at the end of the " Further Directions to

Authorized Witness " the following pa ragraph :

" An authorized witness shall not influence, or attempt to influence, in any way, the vote of an elector voting by post before him.

Penalty. ' One hundred pounds or imprisonment for six months.".

17. Form 8 is amended by omitting all the words from and including

" I n marking his vote " to and including the words " already used by
him." and inserting in their stead the following words:

F o r m 8

" 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 he votes as his first preference and must place the numbers 2, 3, 4, (and so on as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them.".

18. Form 9 is amended by omitting all the words from and includ- Form 9.

ing " That my name was enrolled on the E o l l " up to and including the words " in pursuance of the Ordinance " and inserting in their stead the words' " Tha t my name was on the Roll prepared in respect of the last preceding election of members of the Advisory Counci l" .