Australian Capital Territory Electoral Regulations (Amendment) (Cth)
STATUTORY RULES
REGULATIONS UNDER THE AUSTRALIAN CAPITAL TERRITORY REPRESENTATION ACT 1948-1959.*
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
Dated this twenty-sixth day of October, 1966.
CASEY
Governor-General.
By His Excellency’s Command,
J. S. Anthony
Minister of State for the Interior.
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Amendments of the Australian Capital Territory Electoral Regulations.
“2. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary (Regulations 1-3).
Part II.—Administration (Regulations 4-6).
Part III.—Roll of Electors (Regulations 7-10).
Part IV.—Qualifications and Disqualifications for Enrolment and for Voting (Regulations 11-14a).
Part V.—Enrolment (Regulations 15-26).
Part VI.—Objections and Appeals (Regulations 28-31).
Part VII.—Writ for Election, and Nominations (Regulations 32-35).
Part VIII.—Voting by Post (Regulations 36-39).
Part IX.—The Polling (Regulations 40-56).
Part X.—The Scrutiny and Return of Writ (Regulations 58-63).
Part XI.—Miscellaneous (Regulations 64-70).”.
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* Notified in
the
Statutory Rules 1949, No. 73, as amended by Statutory Rules 1955, No. 47: 1958, No. 28: 1961, No. 133; and No. 95, 1964.
4140/66.—Price 15c (1s. 6d.) 9/10.10.1966
“(2.) A person may inspect or purchase a copy of the latest printed Roll and Supplemental Roll (if any) at the office of the Returning Officer.
“(3.) The price at which a Roll referred to in the last preceding sub-regulation may be purchased is that specified in the following Table:—
TABLE
$ | |
Principal Roll for the Territory................................................. | 0.60 |
Supplemental Roll for the Territory.......................................... | 0.20”. |
“14a.—(1.) Where a member of the Defence Force who is on service outside Australia and ordinarily lived in the Territory immediately before his departure from Australia is not an elector and is not enrolled on the Roll of electors for a State or for the Northern Territory but—
(
(
(
the member shall, for the purposes of these Regulations, be deemed to be an elector and, subject to regulation 13 of these Regulations, is entitled to vote at elections as if his name appeared on the Roll for the Territory.
“(2.) For the purposes of the last preceding sub-regulation, a person, not being a member of the Defence Force, who accompanies a part of the Defence Force shall be deemed to be a member of the Defence Force and on service with that part of the Defence Force.
“(3.) Where—
(
(i) is a member of the Defence Force and is, or has at any time (whether before or after the commencement of this regulation) been, on special service; or
(ii) being a person whose real place of living is in Australia, has ceased to be a member of the Defence Force but has at any time (whether before or after the commencement of this regulation) been on special service;
(
b )at any time before the commencement of that special service, he lived in Australia for six months continuously;(
c ) he is a British subject; and(
d )if, at the time the writ for the election was issued—(i) he was outside Australia—he ordinarily lived in the Territory immediately before his departure from Australia; or
(ii) he was in Australia—he was living in the Territory at the time the writ was issued,
he shall, for the purposes of these Regulations, be deemed to be an elector and, subject to regulation 13 of these Regulations, is entitled to vote at an election as if his name appeared on the Roll for the Territory.
“(4.) In the last preceding sub-regulation—
‘real place of living’ has the same meaning as in the proviso to sub-section (3.) of section 39 of the Commonwealth Electoral Act;
‘special service’, in relation to a person, means service of that person as a member of the Defence Force that is special service for the purposes of the
Repatriation (Special Overseas Service )Act 1962, or of that Act as amended and in force from time to time.”.
(
a ) by omitting from sub-regulation (1.) the words “, in accordance with the directions printed thereon, a claim in Form 2” and inserting in their stead the words “a claim in accordance with Form 2”;(
b )by omitting from sub-regulation (2.) the words “in Form 2 duly filled in and signed in accordance with the directions printed thereon” and inserting in their stead the words “in accordance with Form 2 duly filled in and signed”;(
c ) by omitting from sub-regulation (3.) the words “in Form 2” and inserting in their stead the words “in accordance with Form 2”; and(
d )by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—“(4.) A person who is guilty of an offence against this regulation is punishable upon conviction—
(
a ) in the case of a first offence—by a fine of not less than One dollar and not more than Four dollars; or(
b ) in any other case—by a file of not less than Four dollars and not more than Ten dollars.”.
(
a ) by omitting from sub-regulation (1.) all words from and including the words “and any reference to a Divisional” to the end of that sub-regulation; and(
b )by inserting after that sub-regulation the following sub-regulation:—“(1a.) A reference to an elector by virtue of section 39a of the Commonwealth Electoral Act in the provisions of sub-section (1.) or (2.) of section 85, or to electors who are electors by virtue of the first-mentioned section in the provisions of sub-section (1.) of section 91, of the Commonwealth Electoral Act in their application in the Territory shall be read as a reference to an elector by virtue of regulation 14a of these Regulations and to electors who are electors by virtue of that regulation, respectively.”.
“(
a ) may be made—(i) where the applicant is an elector whose name appears on the Roll—in a form in accordance with Form 15;
(ii) where the applicant is an elector by virtue of regulation 14a of these Regulations and is not less than 21 years of age—in a form in accordance with Form 15a; and
(iii) where the applicant is an elector by virtue of regulation 14a of these Regulations and is less than 21 years of age—in a form in accordance with Form 15b; and”.
“40. The provisions of section 113 of the Commonwealth Electoral Act do not apply in an election.”.
“46. An elector of the Territory (not being a person who is an elector by virtue of regulation 14a of these Regulations) is entitled to vote on polling day at a polling place within or for the Territory.”.
(
a ) by omitting from sub-regulation (5.) the words “Ten shillings” and inserting in their stead the words “Two dollars”;(
b ) by omitting from sub-regulation (7.) the words “Ten shillings or more than Two pounds” and inserting in their stead the words “Two dollars and not more than Four dollars”; and(
c ) by adding at the end thereof the following sub-regulation:—“(9.) A reference to an elector in the provisions of section 128a of the Commonwealth Electoral Act in their application in the Territory does not include a person who is an elector by virtue of regulation 14a of these Regulations and a reference to an elector in this regulation does not include such a person.”.
(
a ) by omitting the word “seven” and inserting in its stead the word “ten”;(
b ) by inserting after paragraph (b ) the following paragraph:—“(
ba )if not satisfied, in the case of a person purporting to be an elector by virtue of regulation 14a of these Regulations, that he is an elector by virtue of that regulation, disallow the ballot-paper without opening the envelope in which it is contained;”;(
c ) by omitting paragraph (e ); and(
d ) by omitting from paragraph (f ) the words “place thereon a number corresponding to that placed on the envelope from which the ballot-paper has been withdrawn, and”.
(
a ) by omitting from sub-regulation (2.) the words “shall be 2s. 6d.” and inserting in their stead the words “shall be Fifty cents.”; and(
b ) by omitting from sub-regulation (3.) the words “shall be 1s.” and inserting in their stead the words “shall be Fifty cents.”.
(
a ) by omitting the words “[Front of Form .]”;(
b ) by omitting the words—
“Date and year of birth | Place of birth | Former Surname* (*See Instruction (D) on other side.)” |
and inserting in their stead the words—
“Date and year of birth | Place of birth | Former surname”; |
(
c ) by omitting the words—
“Before filling in or witnessing this claim, carefully read instructions on other side.”;
and
(
d )by omitting all words from and including the words “I, the undersigned” to the end of that Form and inserting in their stead the following words:—“I, the undersigned, am a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll, and I certify that I have seen the abovementioned claimant sign this claim and that I either know the statements contained in the claim are true or have satisfied myself by inquiry of the claimant or otherwise that those statements are true.
Signature of witness (in own handwriting).
Occupation Place of living .”
“Form 3.
Regulation 18.
Commonwealth of Australia.
Australian Capital Territory.
Australian Capital Territory Representation Act.
Australian Capital Territory Electoral Regulations.
ACKNOWLEDGMENT OF RECEIPT OF ELECTORAL CLAIM.
Dear Sir/Madam,
, 19 . has been received and your enrolment for the Australian Capital Territory has been effected or adjusted as required.
Electoral Registrar for the Australian Capital Territory.
(
(
(
a ) by omitting the words—“NOTIFICATION TO A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 [
here insert number of sub-regulation ]OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS.To—”
and inserting in their stead the words—
“To—
NOTIFICATION TO A PERSON WHO APPEARS TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 [
here insert number of sub-regulation ]OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS RELATING TO COMPULSORY ENROLMENT.”;(
b )by omitting the words “Ten shillings for the first offence and not less than Ten shillings and not more than Two pounds for any subsequent offence” and inserting in their stead the words “not less than One dollar and not more than Four dollars in the case of a first offence and a fine of not less than Four dollars and not more than Ten dollars in any other case”; and(
c ) by omitting the words “an elector, or a person qualified to be an elector, of the Commonwealth or of the Territory” and inserting in their stead the words “a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll”.
(
a ) by omitting the words—“DECLARATION OF PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS.”
and inserting in their stead the words—
“DECLARATION BY A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 [
here insert number of sub-regulation ]OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS RELATING TO COMPULSORY ENROLMENT.”;(
b )by omitting the words “an elector, or a person qualified to be an elector, of the Commonwealth or of the Territory” and inserting in their stead the words “a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll”; and(
c ) by omitting the words—“Note.—Any person who makes an untrue statement in an electoral paper is guilty of an offence, and is liable to a penalty not exceeding Twenty pounds.”.
(
a ) by omitting the words—“CONSENT OF PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS TO THE MATTER BEING DEALT WITH BY THE RETURNING OFFICER FOR THE TERRITORY.”
and inserting in their stead the words—
“CONSENT BY A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 16 [
here insert number of sub-regulation ]OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS RELATING TO COMPULSORY ENROLMENT WHO DESIRES TO HAVE THE MATTER DEALT WITH BY THE RETURNING OFFICER FOR THE TERRITORY.”;
and
(
b )by omitting the words “an elector, or a person qualified to be an elector, of the Commonwealth or of the Territory” and inserting in their stead the words “a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll”.
“NOTIFICATION OF PENALTY IMPOSED FOR CONTRAVENTION OF REGULATION 16 OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS.
To—”
and inserting in their stead the words—
“To—
NOTIFICATION OF PENALTY FOR CONTRAVENTION OF REGULATION 16 [
here insert number of sub-regulation ]OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS.”.
“(
and inserting in their stead the words—
“(
Being a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll. )”.
“(
and inserting in their stead the words—
“(
Being a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll. )”.
“NOTICE OF DETERMINATION OF OBJECTION.
To—”
and inserting in their stead the words—
“To—
NOTICE OF DETERMINATION OF OBJECTION.”.
(
a ) by omitting the words “An elector ”and inserting in their stead the words “(An elector ”; and(
b ) by omitting the words “(or where ”and inserting in their stead the words “or where ”.
“Form 15a.
Regulation 37 (1.).
Commonwealth of Australia.
Australian Capital Territory Electoral Regulations.
APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR NOT LESS THAN 21 YEARS OF AGE TO WHOM REGULATION 14a OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS APPLIES.
To the Assistant Returning Officer at |
I, .............................................................................................................................................................. |
( |
.................................................................................................................................................................. |
( |
.................................................................................................................................................................. |
( |
.................................................................................................................................................................. |
( |
.............................................................................................................. hereby apply for a Postal Vote Certificate and a Postal Ballot-paper to enable me to vote at the forthcoming election. |
I declare as follows:—
(1) the grounds on which I am entitled to vote are—
(
a )that I am a member of the Defence Force on service outside Australia or a person accompanying a part of the Defence Force on service outside Australia;(
b )that I am not less than 21 years of age;(
c ) that I have lived in Australia for six months continuously;(
d )that I am a British subject; and(
e )that my name does not appear on the Electoral Roll for the Australian Capital Territory, for a State or for the Northern Territory;
(2) the grounds on which I make this application are that I am an elector for the reasons set out above.
The address to which the Postal Vote Certificate and
the Postal Ballot-paper may be posted to me is as follows
Signed by the applicant in his own handwriting in my presence.
Dated at the
* The witness must be an elector whose name appears on the Roll for the Australian Capital Territory, for a State or for the Northern Territory or, where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the Queen’s dominions, a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions, or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory of the Commonwealth or a part of the Queen’s dominions.
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“Form 15b.
Regulation 37 (1.).
Commonwealth of Australia.
Australian Capital Territory Electoral Regulations.
APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR LESS THAN 21 YEARS OF AGE TO WHOM REGULATION 14a OF THE AUSTRALIAN CAPITAL TERRITORY ELECTORAL REGULATIONS APPLIES.
To the Assistant Returning Officer at I,............................................................................................................................................................... ( .................................................................................................................................................................. ( |
................................................................................. of ( ...................................................................................................................... hereby apply for a Postal Vote Certificate and a Postal Ballot-paper to enable me to vote by post at the forthcoming election. |
I declare as follows:—
(1) the grounds on which I am entitled to vote are—
(
(
(i) I am a member of the Defence Force and am, or have been, on special service; or
(ii) my real place of living
( c ) is in Australia and I have ceased to be a member of the Defence Force but I have been on special service;(
c ) that at some time before the commencement of ‘special service’ referred to above, I lived in Australia for six months continuously; and
(
(2) the grounds on which I make this application are that I am an elector for the reasons set out above.
The
address to which the Postal Vote Certificate and the Postal Ballot-paper may be
posted to me is as follows
Signed by the applicant in his own handwriting in my presence.
the
* The witness must be an elector whose name appears on the Roll for the Australian Capital Territory, for a State or for the Northern Territory or, where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the Queen’s dominions, a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions, or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory of the Commonwealth or a part of the Queen’s dominions.”.
(
“Note.—Any person who makes the signature of any other person in this certificate is liable to a penalty of Fifty pounds.”;
(
“Note.—Any person who signs this certificate as witness without having seen the voter sign the above certificate is liable to a penalty of Fifty pounds.”;
and
(
“Directions:—After this envelope containing the ballot-paper marked by the voter has been duly signed and completed it should be forthwith posted or delivered to the Returning Officer for the Australian Capital Territory, but, if posted before the close of the poll, would not reach him before the end of the period of ten days immediately succeeding the close of the poll, or if it cannot be delivered to that officer before the close of the poll, it may be posted or delivered to my Divisional Returning Officer, any Assistant Returning Officer or the Returning Officer for the Northern Territory or delivered on polling day to any Presiding Officer, but so as to reach him before the close of the poll.”.
“Note.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.”.
“Note.—A person making any untrue statement in this Declaration is liable to a penalty of Twenty pounds.”.
(
(
“(
b ) complete and personally sign the form and have it witnessed by a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll;
and”.
(
a )by omitting the words “an elector or a person qualified to be an elector of the Commonwealth or of the Territory” and inserting in their stead the words “a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll”; and(
b )by omitting all words from and including the words “Every elector who” to and including the words “not more than Two pounds.”.
(
a ) by omitting the words “Ten shillings” and “Two pounds” and inserting in their stead the words “Two dollars” and “Four dollars”, respectively; and(b) by omitting the words “an elector, or a person qualified to be an elector, of the Commonwealth or of the Territory” and inserting in their stead the words “a person whose name appears on the Roll of electors for the Australian Capital Territory, for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll.”.
(
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and inserting in their stead the words—
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and inserting in their stead the words—
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_________________
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
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