Australian Capital Territory (Electoral) Regulations (Cth)

Statutory Rules 1989 No. 21

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Australian Capital Territory (Electoral) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Capital Territory (Electoral) Act 1988.

Dated 25 January 1989.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GRAHAM RICHARDSON

Minister of State for the Arts, Sport, the Environment, Tourism and Territories

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Citation

1. These Regulations may be cited as the Australian Capital Territory (Electoral) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears:

“courier service” means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved under regulation 26;

“Territory Electoral Officer” means the Australian Capital Territory Electoral Officer;

“the Roll” means the Roll for the Territory.

 

(2) In these Regulations, a reference to an elector, or to a person qualified to be an elector, of the Territory shall be read as a reference to a person whose name appears on the Roll or a person entitled to have his or her name on the Roll.

Number of nominations

3. Where at the hour of nomination there exists more than one nomination of a person, each of those nominations is invalid.

Undertaking by officers and scrutineers

4. (1) An officer to whom this regulation applies or ascrutineer shall give an undertaking in an approved form.

(2) An omission by an officer or scrutineer to give an undertaking under subregulation (1) shall not be a ground for setting aside an election.

(3) This regulation applies to:

(a) a Divisional Returning Officer;

(b) a Postal Voting Officer;

(c) an Assistant Returning Officer;

(d) an Assistant Divisional Returning Officer;

(e) a Presiding Officer;

(f) an Assistant Presiding Officer;

(g) a substitute Presiding Officer;

(h) a Poll Clerk;

(i) an Antarctic Returning Officer;

(j) an Assistant Antarctic Returning Officer; and

(k) an Electoral Visitor.

Ballot-boxes

5. Each ballot-box shall be capable of being securely fastened.

Official mark

6. The official mark for the authentication of a ballot-paper is a water mark in the paper, consisting of a representation of a shield with the letters “CA” intertwined.

Postal vote certificate—printing on envelope

7. A postal vote certificate may be printed on an envelope addressed to the Divisional Returning Officer for the Division specified in the certificate.

Registration of general postal votes

8. A Register of General Postal Voters that is kept for a Division in the Territory under subsection 185 (11) of the Commonwealth Electoral Act 1918 shall be the Register of General Postal Voters for that Division for the purposes of subsection 185 (11) of the Electoral Act.

Forms of postal ballot-papers

9. Before issuing a postal ballot-paper for a general election, the Divisional Returning Officer, Postal Voting Officer or Assistant Returning Officer shall, if the particulars are not already printed on the ballot-paper, insert in the ballot-paper:

(a) the name of each registered party that has nominated a candidate or candidates for the election; and

(b) the full names of all the candidates;

in the order directed by the Territory Electoral Officer.

Manner of marking postal vote

10. In a general election a voter voting by post shall mark his or her vote on the ballot-paper in the manner indicated in the directions on the ballot-paper.

Receipt and forwarding of certain postal votes

11. (1) Where, before the close of the poll in a general election:

(a) a Divisional Returning Officer receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper issued in respect of a Division other than the Division for which he or she acts as Divisional Returning Officer; and

(b) the envelope has been posted or delivered to the Divisional Returning Officer under subsection 194 (3) or (4) of the Electoral Act;

the Divisional Returning Officer shall immediately:

(c) endorse on the envelope “Received by me” and add the date of receipt, his or her signature and “Divisional Returning Officer”;

(d) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate;

(e) place the envelope in a ballot box kept by the Divisional Returning Officer under paragraph 228 (3) (b) of the Electoral Act; and

(f) after the close of the poll, deal with the envelope in accordance with subsection 228 (4) of the Electoral Act.

(2) Where, before the close of the poll in a general election:

(a) an Assistant Returning Officer (other than an Assistant Returning Officer at a place outside Australia) receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper;

(b) the envelope has been posted or delivered to the Assistant Returning Officer under subsection 194 (3) or (4) of the Electoral Act;

the Assistant Returning Officer shall immediately:

(c) endorse on the envelope “Received by me” and add the date of receipt, his or her signature and “Assistant Returning Officer”;

(d) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate;

(e) place the envelope in a ballot-box; and

(f) at the close of the poll, open the ballot-box, place the envelope in a parcel prepared under paragraph 228 (2) (b) of the Electoral Act and otherwise deal with the envelope in accordance with section 228 of the Electoral Act.

(3) Where, before the close of the poll in a general election:

(a) an Assistant Returning Officer at a place outside Australia receives an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper;

(b) the envelope has been posted or delivered to the Assistant Returning Officer under subsection 194 (3) or (4) of the Electoral Act;

the Assistant Returning Officer shall immediately:

(c) endorse on the envelope “Received by me” and add the date of receipt, his or her signature and “Assistant Returning Officer”;

(d) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate; and

(e) forward the envelope to such person as is specified in the written direction given to that Assistant Returning Officer under subsection 228 (8) of the Electoral Act.

Postal ballot-paper received by Presiding Officer

12. Where, before the close of the poll in a general election:

(a) a Presiding Officer receives at the polling place over which he or she presides an envelope bearing a postal vote certificate and purporting to contain a postal ballot-paper;

(b) the envelope has been delivered to the officer under subsection 194 (3) of the Electoral Act;

the officer shall:

(c) endorse on the envelope the words “Received by me at” followed by the name of the polling place and the words “polling place”, add his or her signature, the words “Presiding Officer” and the date;

(d) make a record of the name of the voter and the name of the Division appearing in the postal vote certificate;

(e) place the envelope in the ballot-box used for the purpose of the polling at that polling place; and

(f) at the close of the poll forward the record, certified by the officer, to the Assistant Returning Officer.

Scrutiny of postal ballot-papers

13. (1) Subject to subregulation (2), the scrutiny of postal ballot-papers issued for a general election shall be conducted as nearly as practicable in the manner provided in the Electoral Act in relation to the scrutiny of absent voters’ ballot-papers.

(2) A postal ballot-paper:

(a) given to an elector in accordance with an oral application under section 184 of the Electoral Act; or

(b) delivered or posted to an elector of the kind described in paragraph 185 (1) (f) of the Electoral Act who is a registered postal voter;

shall be dealt with by the Divisional Returning Officer in accordance with this regulation.

(3) At a preliminary scrutiny the Divisional Returning Officer shall produce unopened all envelopes containing postal votes received by the officer:

(a) in the case of the first preliminary scrutiny—before that scrutiny; or

(b) in the case of a subsequent preliminary scrutiny—after the immediately preceding preliminary scrutiny and before that subsequent scrutiny;

and, subject to subregulations (4) and (5), shall:

(c) if satisfied that the vote contained in the envelope was recorded prior to the close of the poll and that the elector is enrolled for the Division, accept the ballot-paper for further scrutiny but, if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained;

(d) withdraw from the envelopes bearing the postal vote certificates all postal ballot-papers accepted for further scrutiny and, without inspecting or unfolding the ballot-papers or allowing any other person to do so, place them in a separate ballot-box for further scrutiny;

(e) seal up in separate parcels and preserve:

(i) all envelopes bearing postal vote certificates relating to postal ballot-papers accepted for further scrutiny; and

(ii) all unopened envelopes containing postal ballot-papers disallowed; and

(f) proceed with the scrutiny of the postal ballot-papers which have been accepted for further scrutiny.

(4) Where a Divisional Returning Officer for a Division (in this subregulation referred to as the “relevant Division”) who is dealing under subregulation (3) with an envelope is satisfied:

(a) that the elector who signed the postal vote certificate printed on the envelope is not enrolled for the relevant Division;

 

(b) that, if the elector were enrolled for the relevant Division, the ballot-paper contained in the envelope would be accepted under subregulation (2) for further scrutiny; and

(c) after making such inquiry as may be necessary, that the elector was, at the time of voting, entitled to be enrolled on the Roll for the relevant Division and the elector’s name was not on that Roll by reason of an error or mistake by an officer;

the Divisional Returning Officer shall accept the ballot-paper for further scrutiny.

(5) Where:

(a) the Divisional Returning Officer for a Division (in this subregulation referred to as the “relevant Division”) is dealing under subregulation (3) with an envelope that purports to contain a ballot-paper for a general election;

(b) the Divisional Returning Officer is satisfied that the elector who signed the postal vote certificate printed on the envelope is not enrolled for the relevant Division;

(c) subregulation (4) does not apply in relation to the envelope; and

(d) the Divisional Returning Officer is satisfied that:

(i) the elector, at the time of voting, was enrolled on the Roll for another Division in the Territory; and

(ii) if the elector were enrolled for the relevant Division, the ballot-paper contained in the envelope would be accepted under subregulation (3) for further scrutiny;

the Divisional Returning Officer shall accept the ballot-paper for further scrutiny.

Declarations under certain provisions

14. A declaration to be made by a person voting under section 192, 235, 236 or 237 of the Electoral Act shall be printed on, attached by adhesive to, or otherwise securely fastened to, an envelope addressed to the Divisional Returning Officer for the Division in respect of which the person making the declaration claims to vote.

Ballot-papers under certain provisions

15. The ballot-paper to be used by a person voting under section 192, 235, 236 or 237 of the Electoral Act shall have endorsed on it in a prominent position the name of the section under which the person is voting.

Scrutiny of votes cast under sections 192, 235, 236 and 237 of the Electoral Act

16. The receipt, scrutiny, parcelling and preservation of ballot-papers and envelopes bearing declarations used for the purposes of voting under sections 192, 235, 236 and 237 of the Electoral Act shall be dealt with as

nearly as practicable in accordance with the provisions of the Electoral Act dealing with absent voters’ ballot-papers and declarations.

Assistance to certain voters

17. Where subsection 234 (1) of the Electoral Act applies in relation to a person voting under section 192, 235, 236 or 237 of the Electoral Act, the presiding officer shall:

(a) fill in the declaration referred to in the section under which the person is voting with the required particulars as given by the voter;

(b) read the declaration to the voter;

(c) complete and attest the declaration; and

(d) cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by the poll clerk.

Spoilt ballot-papers

18. (1) For the purposes of section 238 of the Electoral Act, an officer who has cancelled a spoilt ballot-paper shall:

(a) write the word “spoilt” on the back of the ballot-paper;

(b) place the ballot-paper in an envelope, seal the envelope and indicate in writing on the envelope the type of ballot-paper enclosed and that the ballot-paper is spoilt; and

(c) sign the envelope.

(2) The envelopes containing ballot-papers dealt with in accordance with subregulation (1) shall be sealed up in a parcel and delivered to the Divisional Returning Officer after the close of the poll.

Scrutiny by Assistant Returning Officer

19. At the scrutiny the Assistant Returning Officer shall:

(a) on receipt, from a Presiding Officer, of a ballot-box, forthwith exhibit it for the inspection of any scrutineers in attendance;

(b) record the condition in which the box is received; and

(c) in the presence of any scrutineers in attendance, open the box and, subject to section 228 of the Electoral Act, take out and count the ballot-papers;

(d) record the total number of the ballot-papers taken from the box; and

(e) proceed with the scrutiny of the votes in accordance with the Electoral Act.

Recount

20. (1) In this regulation:

“public officer” means:

(a) an officer of the Australian Public Service;

(b) a member of the service referred to in section 54 of the Self-Government Act; or

(c) a member of the staff of a Territory authority.

(2) Before proceeding to recount any ballot-papers, the Divisional Returning Officer shall fix the time and place for the recount and send to each candidate notice of that time and place.

(3) The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of a public officer and of any scrutineers in attendance, open each sealed parcel of ballot-papers to be recounted, and shall count the votes in each parcel.

(4) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any endorsement on the parcel, and care shall be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.

(5) After a parcel has been opened and the votes in the parcel counted, the Divisional Returning Officer shall:

(a) replace the ballot-papers in their original cover;

(b) reseal and refasten the original cover and then place it in a new cover;

(c) seal and fasten the new cover;

(d) endorse on the cover the fact and date of the recount; and

(e) sign the endorsement.

(6) At the time the Divisional Returning Officer signs, any other person authorised to be present at the recount may also sign the endorsement.

(7) When at a recount any ballot-papers are reserved for the decision of the Territory Electoral Officer, the Divisional Returning Officer shall, in the presence of any scrutineers in attendance:

(a) seal and fasten the ballot-papers in a parcel bearing his or her signature and the signature or signatures of the scrutineer or scrutineers, together with an endorsement stating the number of ballot-papers contained in the parcel, the name of the Division and the date;

(b) place the parcel in a fastened and sealed outer cover addressed to the Territory Electoral Officer; and

(c) forthwith send the parcel to the Territory Electoral Officer by hand, registered post or courier service.

(8) On receipt of the parcel, the Territory Electoral Officer shall, in the presence of a public officer and, if any candidate so desires, in the presence of a person appointed by the candidate:

(a) open the parcel;

(b) scrutinise the ballot-papers; and

 

(c) mark each ballot-paper “Admitted”, or “Rejected”, according to the decision of the Territory Electoral Officer to admit or reject the ballot-paper.

(9) When the Territory Electoral Officer has given his or her decision on the ballot-papers, the Territory Electoral Officer shall:

(a) replace them in their original cover, refasten and reseal the cover, and endorse on the cover:

(i) the number of ballot-papers it contains;

(ii) a statement that the ballot-papers have been the subject of decision by the Territory Electoral Officer; and

(iii) the signature of the Territory Electoral Officer and the date;

(b) request the persons in whose presence the Territory Electoral Officer scrutinised the ballot-papers to add their signatures;

(c) place the parcel in a new cover, which he or she shall fasten and seal; and

(d) forthwith return the parcel by hand, registered post or courier service to the Divisional Returning Officer.

(10) The Territory Electoral Officer shall advise the Divisional Returning Officer in writing as to the number of ballot-papers admitted or rejected by the Territory Electoral Officer and the Territory Electoral Officer’s decision shall be accepted by the Divisional Returning Officer in completing his or her recount of the ballot-papers.

(11) The receipt of a parcel of ballot-papers shall be acknowledged in writing by the Territory Electoral Officer and the Divisional Returning Officer respectively.

Notice to elector and reply

21. (1) For the purposes of subsection 245 (4) of the Electoral Act:

(a) the prescribed period is 3 months; and

(b) the prescribed form of notice is Form 1.

(2) For the purposes of section 245 of the Electoral Act, the form attached to the notice may be in accordance with Form 2.

Antarctic electors

22. An annotation made or deleted under section 249 of the Commonwealth Electoral Act 1918 in relation to an elector of the Territory shall be regarded as being made or deleted for the purposes of section 249 of the Electoral Act.

Preservation of documents

23. (1) All ballot-papers, certified lists of voters, certified copies of the Roll for the Division, forms of declaration and postal vote certificates used at an election shall, after the scrutiny is completed, be parcelled and sealed by the officer who conducted the scrutiny.

(2) The Assistant Returning Officer shall send to the Divisional Returning Officer for the Division, in parcels endorsed, fastened and sealed in accordance with these Regulations, all ballot-papers scrutinised by the officer and all certified lists of voters used within that portion of the Division in which the officer exercises his or her powers.

(3) The Divisional Returning Officer shall ensure that the documents are kept in safe custody, subject to the directions of the Electoral Commissioner, until their destruction is authorised by the Electoral Commissioner.

Authorised official inquiry

24. (1) The Divisional Returning Officer may, if so authorised by the Electoral Commissioner, open any of the parcels referred to in regulation 23.

(2) Any material that, under this regulation, has been taken out of a sealed parcel may be retained by the Divisional Returning Officer or dealt with in the manner directed by the Electoral Commissioner.

(3) Where the purpose for which any material was taken out of a sealed parcel has been satisfied, the Divisional Returning Officer shall:

(a) forthwith replace that material in the parcel from which it was taken and refasten and reseal the parcel; and

(b) by endorsement on the parcel, state that the parcel had been opened by the officer and the purpose for which it had been opened.

(4) A Divisional Returning Officer who opens a sealed parcel shall not mark, alter or deface, or permit another person to mark, alter or deface, a document taken out of the parcel.

(5) A Divisional Returning Officer shall ensure that a document taken out of a parcel is replaced in the same condition as when it was taken out.

Collection of statistical information

25. All ballot-papers, certified lists of voters, certified copies of the Roll, forms of declaration and postal vote certificates used at a general election may, at any time after the election can no longer be questioned, be dealt with as necessary for the purposes of collecting statistical information in relation to the election.

Approval of courier service

26. The Territory Electoral Officer or the Electoral Commissioner may for the purposes of these Regulations approve a service that collects and delivers articles.

SCHEDULE

FORM 1  Subregulation 21 (1)

COMMONWEALTH OF AUSTRALIA

Australian Capital Territory (Electoral) Act 1988

NOTICE TO ELECTOR WHO APPEARS TO HAVE FAILED TO VOTE

To (full name and address of elector)

From my records it appears that you have failed to vote at the general election held on Saturday . In accordance with section 245 of the Commonwealth Electoral Act 1918, as applied by section 16 of the Australian Capital Territory (Electoral) Act 1988, you are called on to show cause why proceedings for failing to vote without a valid and sufficient reason should not be taken against you. It is an offence to fail to vote without a valid and sufficient reason.

You are required by law to give, in the manner stated below, the reasons (if any) why proceedings should not be taken against you. Will you, please:

(a) fill up the form at the foot of this notice, stating in it those reasons:

(b) sign the form in the presence of a witness; and

(c) post the form in time for it to reach me on or before

If you do not fill up the form, sign it and post it in the manner stated above, or if I decide that the reason you have given for failing to vote is not valid and sufficient, you may be required to pay a fine.

Divisional Returning Officer

for the Division of

 

NOTE

If the elector named in this notice is absent or is suffering from any physical incapacity, and is unable to fill up, sign and post the form at the foot of this notice within the time specified above, another elector who has personal knowledge of the facts may fill up, sign, and post the form, duly witnessed, within that time. Where that action is taken by another elector, the elector named in the notice may be treated as having complied with the provisions of the law referred to in this notice.

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FORM 2 Subregulation 21 (2)

FORM OF STATEMENT TO BE COMPLETED AND RETURNED TO THE DIVISIONAL RETURNING OFFICER

*I, of state that proceedings for failure to vote without a valid and sufficient reason at the general election held on Saturday should not be instituted against me for the following reasons:

(Signature of person making statement)

The above statement was signed in my presence

(Signature of witness)

Address

Date

* Where the form is filled up on behalf of an elector who is absent or suffering from a physical incapacity, the word “I” should be struck out and the name of that elector inserted.

NOTE

1. Notified in the Commonwealth of Australia Gazette