Australasian Federation Enabling Act (Western Australia) 1900 (WA)

WESTERN AUSTRALIA.

ANNO SEXAGESIMO TERTIO

VICTORIA: REGINIE.

******************************t*********************

No. LV

AN ACT to make provision for the acceptance and enact-

ment of a Federal Constitution for Australasia.

[Assented to 13th June, 1900.]

HEREAS at a Convention held at Melbourne, in .the Preamble.

Colony of Victoria, in the months of February and March, One thousand eight hundred and ninety-eight, at which the Colonies of New South Wales, Tasmania, Victoria, and Western Australia, and the Province of South Australia, were represented, a Draft Bill intituled "Draft of a Bill to con- stitute the Commowealth of Australia" was adopted: And whereas at a Conference of the Prime Ministers of the Col- onies of New South Wales, Queensland, Tasmania, Victoria, and Western Australia, and of the Province of South Aus- tralia, held at Melbourne aforesaid, in the months of January and February, One thousand eight hundred and ninety-nine, certain amendments in the said Draft Bill were agreed to: And whereas the said Draft Bill, in a form embodying the said amendments, and being identical in its terms and pro- visions with the Constitution hereinafter mentioned, has been referred to and accepted by a majority of the electors in the Colonies of New South Wales, Queensland, Tasmania, and Victoria, and the Province of South Australia : And whereas it is desirable that the said Draft Bill, in the form aforesaid, subject to the amendments of the Imperial Parliament, should now be submitted to a vote of the electors of Western Aus- tralia, and that, in the event of its being accepted as herein-

Australasian Federation Enabling Act (Western Australia).

after provided, further action should be taken to procure the passing of the same into law: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in Parliament assembled, and by the authority of the same, as follows

Short Title. 1. This Act may be cited as the Australasian Federation

Enabling Act (Western Australia), 1900.

Interpretation 2. In this Act, unless the context otherwise requires, the following terms shall have the meanings set against them re- spectively, that is to say:—

of terms.

"Assembly"—The Legislative Assembly of Western

Australia;

"Assistant Registrar"—iA person appointed as such, for the purposes of this Act, under the powers conferred. by the Electoral Act, 1899, Section 158.

"Colonies"—The Colonies of New South Wales, Queens- land, Tasmania, Victeria, and Western Australia, and the Province of South Australia, including the Northern Territory;

Schedule V.	"Constitution"—The draft of a Federal Constitution for Australasia set out in the Fifth Schedule hereto, subject to the amendments of the Imperial Parlia- ment;
"Elector"-1A person who is qualified and entitled to vote for the election of a Member of the Assembly at the time of the taking of the poll hereinafter men- tioned, or who is at such time a holder of a voter's certificate issued under the provisions of this Act;
"Electoral District"—An Electoral District as appointed under the Constitution Act, 1896, to return a Mem- ber to the Assembly.
This section shall not extend to or affect the interpreta-

tion of any terms used in the Constitution.

The Submission to the Electors.

Submission to	3. (1.) On the thirty-first day of July, nineteen hundred,
the electors..

the question of the acceptance or rejection of the Constitu-

tion shall be referred and submitted to the electors.

Australasian Federation Enabling Act (Western Australia).

(2.) The poll shall be taken throughout Western Aus- tralia as one electorate.

(3.) The poll shall be taken throughout Western Aus- tralia on one and the same day.

(4.) Each voter shall vote by ballot "Yes" or "No" on schethde J.

the question, in accordance with the direction on the ballot

paper in the First Schedule hereto.

No elector shall vote more than once, notwithstand-

ing the fact that his name appears upon more than on eloe-

toral roll.

(5.)

Any person who votes or attempts to vote more than once shall be liable, upon conviction before any two Justices, to a penalty not exceeding Fifty pounds, or to be imprisoned for a period not exceeding six months.

4. ( 1. ) The Governor may appoint, by commission under Returning Officer.

his hand and seal, a fit person to be the returning officer for

taking the poll under the provisions of this Act.

In case of sickness or other cause preventing the return: ing officer from acting, the Governor may in like manner appoint some other person to act as returning officer in his stead.

Notification of the appointment of the returning officer shall be published in the Government Gazette.

(2.) The returning officer, in addition to the powers and duties vested in and imposed upon him by this Act, shall have such of the powers and shall perform such of the duties of a returning officer appointed under the Electoral Act, 1899, as are necessary for carrying into effect the provisions of this Act.

(3.) Every returning officer under the Electoral Act, As:istant turuing office rs.

1899, shall be an assistant returning officer for the purposes of this Act, and, in addition to the powers and duties Nested in and imposed upon him by this Act, shall have such of the powers and shall perform such of the duties vested in and imposed upon a returning officer under the said Electoral Act as are necessary for carrying into effect the provisions of this Act

(4'.) The writ for the poll shall he directed by the Gov- ernor to the returning officer.

A copy of the writ shall be published in the Government

Gazette.

Australasian Federation Enabling Act (Western Australia).

Application of

general	5. Except as by this Act otherwise prescribed, the laws in force for the time being relating to the conduct of elections for the Assembly, the proceedings before and at and subse- quent to such elections, electoral offences, and all incidental matters shall, so far as the same are applicable, apply mulatis inutandis, to the poll to be taken under the provisions of this Act.
Existing roll,
to be used.	6. The rolls existing for each Electoral District at the commencement of the Electoral Act, 1899, shall be used for taking the poll under the provisions of this Act.
Voters Certifi-
cates.	7. (1.) Any adult person of either sex, being a natural born or naturalised subject of Her Majesty, and not subject to any legal incapacity, who has resided in Western Australia for twelve months, but whose name is not on any roll existing at the commencement of the Electoral Act, 1899, may obtain a voter's certificate on making an application therefor, in the form of the Second Schedule hereto, to the registrar or an assistant registrar for the Electoral District in which such person resides, on any week day, except Saturday, between the hours of 9 a.m. and 4 p.m., and on any Saturday between the hours of 9 am and 9 p.m., up to and including the twenty- eighth day of July, 1900.
(2.) A voter's certificate, and the counterfoil thereof, shall be in the form of the Third Schedule hereto, and shall be signed by the electoral registrar or assistant registrar issuing the same and by the voter.
(3.) Voters' certificates issued for each polling place within each Electoral District shall be numbered conse- cutively, and lists containing corresponding numbers, with the name, residence, and occupation of the voter set opposite each number, shall be prepared by the registrar or assistant registrar for each polling place within each Electoral Dis- trict.
(4.) Any person to whom a voter's certificate is issued may, on producing and delivering up the same to the assist- ant returning officer or other presiding officer, vote at the polling place therein named within the Electoral District for which such certificate was issued, but not elsewhere.
(5.) An assistant returning officer, or other presiding officer, may require any person claiming to vote as the holder of a voter's certificate, before voting, to indorse his name on the certificate in the presence of such officer.

Australasian Federation Enabling Act (TVesteriz Australia).

(G.) Any person wilfully and knowingly making a false statement in his applicaCion for a voter's certificate shall be deemed to be guilty of wilful and corrupt perjury, and may be punished accordingly.

8. (1 . ) Every elector whose name is on a roll existing for Methoa or

an Electoral District at the commencement of the Electoral	lib-
Act, 1899, who resides more than twenty miles from the near- est polling place of the Electoral District for which he desires to vote, or who, after the issue of the writ and before the day fixed for taking the poll, is within any other Electoral Dis- trict., may apply to a Resident Magistrate, or some other per- son appointed by the Governor in that behalf, for leave to vote in absence.

The Resident Magistrate, or appointee as aforesaid, shall then write on each of two counterfoils, numbered alike, the name of the Electoral District for which the applicant desires to vote, together with the names in full and address of the applicant, and shall sign the back of a ballot paper bearing the same number as the counterfoils, and on the face thereof shall write the name of the Electoral District as on the counterfoils, and shall give the ballot paper to the elec- tor.

(2.)

(3.) The elector shall then strike out the word "Yes" or "No" on the ballot paper, and shall fold it up and, in the presence of the Resident Magistrate or appointee as afore- said, put it into an envelope.

(4.) The Resident Magistrate, or appointee as afore- said, shall then seal up the envelope, and write "Ballot paper" on both sides thereof, and shall put one of the counter- foils into an envelope, and seal it up and write "Counter- foil" on both sides thereof, and shall then send both envelopes enclosed in another envelope, by post or otherwise, to the assistant returning officer.

(5.) The assistant returning officer, on receipt of any Diu,

such envelopes, shall, without opening them, retain them in ott171:1`,.,

hispossession until the commencement of the poll, and shall, gaalldotthpatpherryi at any convenient time or times, during or immediately after ab5tut voters.

the taking of the poll, proceed to open the envelopes contain- ing the counterfoils, and, having made a mark on the copy of the electoral roll in use at his polling place against the name of each person who appears by such counterfoils to have voted, shall keep such counterfoils in the same manner as

Australasian ',Went 1 loll E wilding Ad eytern A us! ralia).

the counterfoils of the ballot papers used by him at such elec- tion. Having thus dealt with the counterfoils, the assistant returning officer shall proceed to open the envelopes contain- ing the ballot papers renewed up to the close of the poll, and as lie takes out any ballot paper from its envelope, he shall, without opening the same, deposit it in the ballot box.

(6.)

Any person who has applied t o a Resident Magis- trate, or appointee II S aforesaid, for the purpose of voting under this section, and has complied with the provisions of this section, shall not he entitled to vote otherwise at the elec- tion, although the said en velopes, or either or them, may not have been sent to the assistant returning- officer, or although they or either of them have miscarried.

(7.)

For all subsequent purposes the assistant returning officer shall treat any counterfoils and ballot papers received in accordance with the provisions of this section in the same way in which he is required to treat counterfoils of ballot papers given by himself to voters and ballot papers received by himself from voters. The ballot papers and counterfoils to be used under this section shall be in the form given in the Fourth Schedule 'hereto.

Duty of asst-	9.	Every assistant returning officer shall, in manner pro-
wl; rcturttiou	•

officers. \Tided by the law in force for the time being with respect to the election of members of the Assembly, ascertain the num- ber of votes given for the acceptance of the Constitution, and also the number of voles given for the rejection of the Con- stitution at the various polling- places within the Electoral District of which he is the returning officer, for which purpose the presiding officer at each such polling place shall make a return (certified by him to he correct) to the assistant re- turning officer of the number of votes so given respectively at such polling place; and the assistant returning officer shall there and then publicly state the result of the poll taken at the various polling- places in such Electoral District, and shall also forthwith make out and furnish a return thereof (certi- fied by him to be correct) to the returning officer appointel under this Act. •

Every assistant returning officer and every presiding officer shall, for the purpose of making the return herein- before mentioned, permit any electors, not being more than .six in number, to be present when the ballot box is being opened and the votes are being counted.

Australasian Federation Enabling Act (Western Australia).

Every return to be made under this section may be trans- mitted by telegraphic message or messages under the pro- visions of the Electoral Act, 1899.

10.    The total number of votes given for the acceptance of !,,drsmentof

the Constitution, and the total number of votes given for the writ'

rejection of the Constitution shall be endorsed upon the writ

by the returning officer, who shall forthwith return the writ

so indorsed to the Governor.

The result of the poll so indorsed shall be published in the Government Gazette.

Such publication shall be conclusive evidence of the re- Evidence

suit of the poll.

11.   Upon the taking of the poll as aforesaid, the majority = It geld°.

of votes given shall decide the question of the acceptance or rejection of the Constitution; and if the Constitution is there- by rejected, no further action shall be taken under the pro- visions of this Act.

Addresses.

12. (1.) If the Constitution is accepted, the Legislative Ad•ireiSC•

Council and Legislative Assembly may adopt Addresses to the Queen praying that Western Australia may be admitted as an original State of the Commonwealth.

(2.) When such Addresses have been adopted, they shall

•be transmitted to the Queen with a certified copy of the Con-;!;'='1.

stitution. The Addresses may also be transmitted by tele-

graph.

Regulations.

13.    The Governor may make regulations for the purpose Regulat ions.

of carrying into effect the provisions of this Act.

Expenses.

There may be paid to any officer acting under the pro- visions of this Act, in addition to all expenses necessarily in- curred, such reasonable remuneration for services rendered as the Governor approves, and all moneys so paid shall be deemed to be expenses incurred in the execution of this Act.	Expenses.
All expenses incurred in the execution of this Act, and in the taking of the poll hereinbefore directed to be taken, shall be defrayed out of the Consolidated Revenue, which is hereby appropriated for the purpose.

14.

In the noire and on behalf of the Queen j hereby assent

to this Act.

A T.EX. C. ONSLOW, Administrator.

Australasian Rederaaon Enabling Act (Western Australia).

Schedule I.

BALLOT PAPEa.

Are you in favour of the Federal Constitution Bill 1

YES. NO.

(If you ore in favour of dee Bill strike out the above cord NO.)

[I f you are against the Bill strike out the above word YES.]

Schedule IL

APPLICATION FOR VOTER'S CERTIFICATE.

The Amqtralasian Federation Enabling Act (Western Alwoudia), 1900.

To the Electoral Registrar or Assistant -Registrar for the

Fleet al District..

I hereby apply for a Voter's Certificate, and declare t--

(a.) That I have resided in Western Australia for twelve months ;

(b.) That I am a natural born [or naturalised] subject of Her Majesty,

of the ago of twenty-one years or upwards, and under no legal

incapacity ;

(a.) That to the best of my knowledge and belief my name was not on any

roll existing at the commencement of The Electoral Act, 1899

(d.) That I have not already obtained a Voter's Certificate.

Dated the	day of	19D0.
Name in full Residence Occupation

N. B.—Making a false statement in this application is perjury, and punishable as such.

Australasian Federation. Enabling Act (Western. Australia).

Schedule III.

---

VOTER'S cERTivIcATE.

COUNTERFOIL. The Allalit qiall Federation Enabling Act (Western

1900.

The Australasian Federation . Enabling

Act (W.A.), 1900.

VOTER'S CERTIFICATE.

VOTER'S CERTIFICATE.

No

No

Electoral District

Electoral District.

Polling Place

Polling Place

Name of person}

to whom issuedf [Name] of [Residence]

Residence

[Occupation] whose name is signed hero- under, is entitled to vote in the abovo Electoral District

Occupation

on the question td the acceptance or rejection of the Con.

stitution.

Date of issue Dated the day of 1900.

Signature Of Electoral Registrar or Signature of Electoral Registrar}

Assistant. Registrar : or Assistant Registrar

Signature of Holder

Signature of Holder :

Schedule IV.

COUNTERFOIL. COUNTERFOIL. BALLOT PAPER OF ABSENT VOTER.

No No

District.

Are you in favour of the Federal Constitution

Name of District Name of District : Bill ?

YES.

Name of Applicant : Name of Applicant :

NO.

[If you are in favour of the Bill strike out the

Address of Applicant : Address of Applicant : above word NO.]

[If you are against the Bill strike out the above

word YES.]

Reprinted by Authority: Pato. WM. SIMPSON, Government Printer, Perth.