Australian Capital Territory Representation Regulations (Cth)
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS In force under the
Australian Capital Territory Representation (House of
Representatives) Act 1973
- Reprinted as at 30 September 1982 (HISTREG CHAP 254 #DATE 30:09:1982)
Australian Capital Territory Representation (House of
Representatives) Act 1973
- Reprinted as at 30 September 1982 (HISTREG CHAP 254 #DATE 30:09:1982)
*1* The Australian Capital Territory Representation Regulations (in force under
1973) as shown in this reprint comprise Statutory Rules 1974 No. 62 amended as
indicated in the Tables below.
Table of Statutory Rules
-----------------------------------------------------------------------------
Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
----------------------------------------------------------------------------- 1974 No. 62 19 Apr 1974 19 Apr 1974
1980 No. 243 27 Aug 1980 27 Aug 1980 -
1981 No. 85 6 May 1981 6 May 1981 -
-----------------------------------------------------------------------------
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- R. 9 . . . . . . . . . am. 1981 No. 85
R. 63 . . . . . . . . am. 1980 No. 243
Schedule 2 . . . . . . am. 1980 No. 243
-----------------------------------------------------------------------------
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Application of regulations
3. Interpretation
PART II-ADMINISTRATION
4. Returning Officers
5. Assistant Returning Officers
6. Electoral Registrar
PART III-ROLLS OF ELECTORS
7. Roll of electors
8. Rolls to be printed
9. Rolls to be available for inspection and sale
10. Officers and others to furnish information
PART IV-QUALIFICATIONS AND DISQUALIFICATIONS FOR ENROLMENT AND
FOR VOTING
11. Persons entitled to enrolment
12. Persons entitled to vote
13. Disqualified persons
14. Certain members of the Defence Force entitled to vote
PART V-ENROLMENT
15. Enrolment, transfer of enrolment and alteration of enrolment
16. Compulsory enrolment and change
17. Procedure in case of offence
18. Action upon receipt of claim, notification or application
19. Reference of claim
20. Formally defective claim
21. Action upon receipt of notice of transfer
22. Alteration of Roll
23. Closing of Roll for election
24. Deaths and marriages to be notified
25. Convictions to be notified
26. Officer to act on information
PART VI-OBJECTIONS AND APPEALS
27. Forms of notice of objection
28. Notice to person against whom objection is made
29. Manner of answering objection
30. Notice of determination of objection
31. Appeal to Court
PART VII-WRITS FOR ELECTION, AND NOMINATIONS
32. Application of Electoral Act
33. Form of Writ
34. Duty of Returning Officer on receipt of Writ
35. Nomination of candidates
PART VIII-VOTING BY POST
36. Application of Electoral Act
37. Application for postal vote certificate and postal ballot-paper
38. Postal vote certificate and postal ballot-paper
39. Postal ballot-box
PART IX-THE POLLING
40. Application of Electoral Act
41. Polling places
42. Ballot-boxes
43. Certified list of voters
44. Ballot-papers
45. Electors entitled to vote
46. Where electors may vote
47. Questions to be put to voter
48. Right of elector to receive ballot-paper
49. List of voters to be marked
50. Vote of person whose name has been omitted or struck out of certified list or cannot be found on Roll
51. Vote of person whose name on certified list has been marked
52. Vote to be enveloped and deposited in ballot-box
53. Compulsory voting
54. Proceedings in a Court
55. Court to consider elector's reply
56. Proceedings where elector has failed to reply
PART X-THE SCRUTINY AND RETURN OF THE WRITS
57. Preliminary scrutiny of postal votes
58. Preliminary scrutiny of votes recorded under regulations 50 and 51
59. The scrutiny-general
60. Scrutiny prior to receipt of all ballot-papers, &c.
61. Recount
62. Return of Writ
PART XI-MISCELLANEOUS
63. Return of electoral matter published
64. Undertaking by officers and scrutineers
65. Official mark
66. Withdrawal of nomination
67. Sealed parcels to be preserved
68. Forms
69. Application of the Commonwealth Electoral Act
SCHEDULE 1
Forms
SCHEDULE 2
Modifications of the Commonwealth Electoral Act 1918
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Australian Capital Territory Representation Regulations.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 2.
Application of regulations
2. The application of these Regulations is subject to sub-section 3 (2) of the Territory Representation Act.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 3.
Interpretation
3. (1) In these Regulations, unless the contrary intention appears-
"Commonwealth Electoral Act" means the Commonwealth Electoral Act 1918-1973;
"Division" means an Electoral Division into which the Territory is divided;
"election" means an election of a member of the House of Representatives for a Division of the Territory;
"elector" means a person whose name appears on a Roll;
"officer" includes a person who is an officer for the purposes of the Commonwealth Electoral Act and an officer, registrar, clerk or doorkeeper appointed under that Act in its application in the Territory;
"Returning Officer" means the Returning Officer for a Division;
"Registrar" means the Electoral Registrar for a Division and includes the Returning Officer for that Division acting as Registrar;
"Roll" means the Roll of electors for a Division;
"Territory Representation Act" means the Australian Capital Territory Representation (House of Representatives) Act 1973.
(2) In these Regulations, any reference to a Form shall be read as a reference to a Form in Schedule 1.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 4.
Returning Officers
PART II-ADMINISTRATION
4. There shall be a Returning Officer for each Division who shall be charged with the duty of giving effect to the provisions of the Territory Representation Act, the Commonwealth Electoral Act in its application in the Territory, and these Regulations, within and for his Division, subject to the direction of the Chief Australian Electoral Officer.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 5.
Assistant Returning Officers
5. (1) The Chief Australian Electoral Officer may appoint a person to be an Assistant Returning Officer-
(a) for a portion of a Division; or
(b) at a place outside Australia.
(2) A person appointed to be an Assistant Returning Officer for a portion of a Division may, subject to the control of the Returning Officer, perform the functions and exercise the powers of the Returning Officer in, or in relation to, that portion.
(3) A reference in these Regulations or in the Commonwealth Electoral Act in its application in the Territory to the performance of a function or the exercise of a power by a Returning Officer shall be read as including a reference to the performance of the function or the exercise of the power by an Assistant Returning Officer by virtue of the last preceding sub-regulation.
(4) A person appointed to be an Assistant Returning Officer at a place outside Australia may, subject to the control of the Chief Australian Electoral Officer, perform such functions and exercise such powers as are conferred on an Assistant Returning Officer at a place outside Australia by these Regulations, or by the Commonwealth Electoral Act in its application to and in relation to an election in respect of a Division.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 6.
Electoral Registrar
6. (1) The Chief Australian Electoral Officer may appoint an Electoral Registrar to keep the Roll for a Division, who shall be subject to the direction of the Returning Officer.
(2) The Returning Officer for a Division shall act as Registrar for that Division if no Registrar has been appointed and may, by virtue of his office, so act during any absence from duty of the Registrar.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 7.
Roll of electors
PART III-ROLLS OF ELECTORS
7. (1) There shall be a Roll of electors for each Division, which may be in accordance with Form 1 and shall contain the particulars indicated therein.
(2) The first Roll for each of the Divisions into which the Territory is divided shall be compiled by transferring from the Roll of electors for the Australian Capital Territory as existing immediately before the commencement of these Regulations the names of the persons who live in those respective Divisions and the particulars shown in relation to each of those persons.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 8.
Rolls to be printed
8. (1) A Roll shall be printed whenever the Minister so directs.
(2) The Chief Australian Electoral Officer shall, whenever necessary, cause a Supplementary Roll, containing additions since the Roll was last printed, to be printed for the purposes of an election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 9.
Rolls to be available for inspection and sale
9. (1) The Roll kept by a Registrar shall be open for public inspection without fee at his office at all convenient times during his ordinary office hours.
(2) A person may inspect or purchase a copy of the latest printed Roll and Supplementary Roll (if any) for a Division at the office of the Returning Officer for the Division.
(3) The price at which the Roll referred to in the last preceding sub-regulation may be purchased is that specified in the following Table:
TABLE $
Principal Roll for a Division . . . . . . . . . . . . . . 8.30
Supplemental Roll for a Division . . . . . . . . . . . . 0.80
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 10.
Officers and others to furnish information
10. All officers in the Australian Public Service and all occupiers of habitations shall upon application furnish to a Returning Officer or to any officer acting under his direction all such information as he requires in connexion with the preparation, maintenance or revision of the Roll kept by him.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 11.
Persons entitled to enrolment
PART IV-QUALIFICATIONS AND DISQUALIFICATIONS FOR ENROLMENT AND FOR
VOTING
11. Subject to the disqualifications set out in this Part, a person not under 18 years of age, whether male or female, married or unmarried-
(a) who is a British subject;
(b) who has lived in Australia for six months continuously; and
(c) who lives in a Division and has so lived for a continuous period of not less than one month immediately preceding the claim for enrolment,
shall be entitled to enrolment on the Roll for the Division in which he lives subject to the provisions of Part V of these Regulations.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 12.
Persons entitled to vote
12. A person whose name is on the Roll for a Division and whose real place of living is, or at some time within three months immediately preceding the polling day was, in the Division shall, subject to the Territory Representation Act, the Commonwealth Electoral Act in its application in the Territory and these Regulations, be entitled to vote at an election, but a person shall not be entitled to vote more than once at any election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 13.
Disqualified persons
13. (1) A person who is of unsound mind, or attainted of treason, or who has been convicted and is under sentence for any offence punishable under the law of any part of the Queen's dominions by imprisonment for one year or longer, shall not be entitled to have his name placed on or retained on a Roll or to vote at any election.
(2) A person who is-
(a) the holder of a temporary entry permit for the purposes of the Migration Act 1958-1973; or
(b) a prohibited immigrant under that Act,
is not entitled to enrolment on a Roll.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 14.
Certain members of the Defence Force entitled to vote
14. (1) Where a member of the Defence Force who is on service outside Australia and ordinarily lived in a Division 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-
(a) is not less than 18 years of age;
(b) has lived in Australia for six months continuously; and
(c) is a British subject,
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 Division in which the place at which he ordinarily lived is included.
(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.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 15.
Enrolment, transfer of enrolment and alteration of enrolment
PART V-ENROLMENT
15. (1) Names may be added to a Roll pursuant to claims for enrolment or transfer of enrolment.
(2) The form of claim for enrolment or transfer of enrolment, or notification of a change of address by a person qualified for enrolment, may be in accordance with Form 2, and shall be signed by the claimant with his personal signature and attested by a person whose name appears on a Roll, or on the Roll of electors for a State or for the Northern Territory, or a person entitled to be enrolled on such a Roll who shall sign his name as witness in his own handwriting.
(3) An elector may apply for the alteration or correction of the entry in the Roll of his name or particulars of enrolment, not being a change of address, in accordance with Form 2, or in such other form signed by the applicant, as the Registrar approves.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 16.
Compulsory enrolment and change
16. (1) Any person who is entitled to enrolment on a Roll and whose name is not on the Roll, shall forthwith fill in and sign a claim in accordance with Form 2 and shall send or deliver the claim to the Registrar by whom the Roll is kept.
(2) Any person who is entitled to have his name placed on the Roll for a Division, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll upon the expiration of 21 days from the date upon which he became so entitled, or at any subsequent date while he continues to be so entitled, shall be guilty of an offence unless he proves that his non-enrolment is not in consequence of his failure to send or deliver to the Registrar by whom that Roll is kept a claim in accordance with Form 2 duly filled in and signed.
(3) Any elector who changes his place of living from one address to another address within a Division and who, at any time after the expiration of 21 days after the date of making the change, has failed to notify the Registrar for that Division in accordance with Form 2 of his new address, shall be guilty of an offence.
(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 fine of not less than Four dollars and not more than Ten dollars.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 17.
Procedure in case of offence
17. (1) The Registrar for a Division shall, if satisfied that a person entitled to enrolment on the Roll for that Division has failed to comply with the requirements of regulation 16 of these Regulations, notify him of such failure in accordance with Form 5 and inform him that he may reply by declaration in accordance with Form 6 setting out any facts relevant to the matter and that he has the option of having the matter dealt with either by the Returning Officer for that Division or by a Court of summary jurisdiction.
(2) Any person to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Returning Officer and who is prepared to abide by the decision of that officer may within such time as is specified in the notification notify the Registrar in accordance with Form 7.
(3) Upon the receipt from a person who has failed to comply with the requirements of regulation 16 of these Regulations of a notification consenting to the matter being dealt with by the Returning Officer and undertaking to abide by the decision of that officer, the Registrar shall consider the statements contained in the declaration (if any) furnished by the person, make such further inquiry as he deems necessary, and, unless he decides to withdraw the case, submit the notification, and declaration (if any), to the Returning Officer.
(4) The Returning Officer shall, upon the submission of a notification and declaration (if any) in pursuance of the last preceding sub-regulation, consider all the facts and, if satisfied that the person concerned has contravened any of the provisions of regulation 16 of these Regulations, he may make an order imposing upon that person a fine of One dollar for a first offence and a fine of Four dollars for any subsequent offence, and in that case shall notify the person concerned in accordance with Form 8.
(5) The Chief Australian Electoral Officer may review any order made by the Returning Officer in pursuance of the preceding sub-regulation and may, if he is of opinion the circumstances justify such action, remit the fine imposed by the order.
(6) Where any person to whom a notification in accordance with Form 8 has been sent fails, within twenty-one days after the date of notification, to pay to the Returning Officer the amount of the fine imposed upon him, his consent to have the matter dealt with by the Returning Officer shall be deemed to be of no effect and that officer may revoke the order made by him.
(7) Where a person to whom a notification pursuant to sub-regulation (1) of this Regulation has been sent fails, within the time specified in the notification, to reply thereto, or does not, within that time, consent to the matter being dealt with by the Returning Officer, or, if he has so consented, and having failed within the time allowed for payment to pay the amount of the fine imposed upon him by the Returning Officer, his consent has been deemed to be of no effect and the order of the Returning Officer has been revoked, the Registrar shall, if he is satisfied that the person has contravened the provisions of regulation 16 of these Regulations, cause proceedings to be instituted against him in a Court of summary jurisdiction.
(8) In any case where proceedings in respect of a contravention of regulation 16 of these Regulations are instituted in a Court of summary jurisdiction the Registrar shall cause any declaration received in pursuance of this regulation from the person concerned to be brought to the notice of the Court, and the Court shall, at the hearing of the case, consider the declaration (whether the defendant is present or not) as if the matter therein set out has been given in evidence before it.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 18.
Action upon receipt of claim, notification or application
18. Upon receipt of a claim for enrolment or transfer of enrolment, or notification of change of address within a Division, or application for the alteration or correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and, if the claim, notification or application is in order and he is satisfied that the claimant is entitled to be enrolled or to have his name transferred or the particulars of his enrolment altered or corrected, as the case requires, the Registrar shall forthwith-
(i) enter on the Roll kept by him the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires;
(ii) notify the claimant in accordance with Form 3 that his enrolment has been effected or adjusted as required; and
(iii) in the case of a transfer of enrolment, give notice of the transfer, in accordance with Form 4, to the Registrar keeping the Roll from which the elector's name has been transferred.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 19.
Reference of claim
19. (1) If, on receipt of a claim, the Registrar for a Division is not satisfied that the claimant is entitled to be enrolled in pursuance of the claim, the Registrar shall refer the claim to the Returning Officer for the Division for his decision.
(2) The Returning Officer shall, after he has made such inquiry as is necessary to enable him to decide the claim, return the claim to the Registrar, with a notification of his decision and, if he decides to reject the claim, the reason for such decision.
(3) If the Returning Officer decides that the claimant is entitled to enrolment pursuant to the claim, the Registrar shall enrol the claimant and notify him in accordance with Form 3 accordingly.
(4) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the Claim, the Registrar shall notify the claimant that his claim has been rejected, specify the reason for the rejection, and advise the claimant that he is entitled, at any time within one calendar month after the receipt of the notification, to appeal to a Court of summary jurisdiction for an order directing that his name be added to the Roll.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 20.
Formally defective claim
20. Upon receipt of a claim which is not in order by reason of some formal defect only, the Registrar shall notify the claimant of the nature of the defect and-
(a) return the claim to him for completion or correction; or
(b) furnish him with a fresh form of claim for completion.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 21.
Action upon receipt of notice of transfer
21. Upon receipt of a notice in accordance with Form 4 in Schedule 1 to these Regulations, Form 4 in the Schedule to the Electoral and Referendum Regulations or Form 4 in the Schedule to the Northern Territory Electoral Regulations of the transfer of the enrolment of an elector whose name appears on the Roll kept by him, the Registrar shall forthwith remove the elector's name from the Roll.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 22.
Alteration of Roll
22. In addition to other powers of alteration conferred by these Regulations, the Registrar by whom a Roll is kept may alter the Roll by-
(a) correcting any mistake or omission in the particulars of the enrolment of an elector;
(b) removing the name of any deceased elector;
(c) removing the superfluous entry where the name of the elector appears more than once;
(d) reinstating any name removed by mistake; or
(e) removing a name by direction of the Returning Officer where the Returning Officer is satisfied the elector has ceased to be qualified for enrolment on the Roll and has secured enrolment on a Roll, or on the Roll of electors for a State or for the Northern Territory.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 23.
Closing of Roll for election
23. Notwithstanding anything contained in this Part-
(a) claims for enrolment or transfer of enrolment received by a Registrar after six o'clock in the afternoon of the day of the issue of the writ for an election shall not be registered until after the close of the polling at the election; and
(b) except by the authority and direction of the Returning Officer, no name shall be removed from the Roll nor any alteration in the particulars of the enrolment of an elector be made therein, after six o'clock in the afternoon of the day of the issue of the writ for an election and before the close of the polling at the election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 24.
Deaths and marriages to be notified
24. The Registrar of Births, Deaths and Marriages for the Territory shall, as soon as practicable after the beginning of each month, forward to the Chief Australian Electoral Officer-
(a) a list of the names, addresses, ages and dates of death of all persons aged 18 years or over whose deaths have been registered in the Territory during the preceding month; and
(b) particulars of all marriages of brides aged 18 years or over which have been registered in the Territory during the preceding month.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 25.
Convictions to be notified
25. The Registrar of the Supreme Court of the Territory shall as soon as practicable in each case notify the Chief Australian Electoral Officer of the name and address of any person who has been convicted in the Territory and is under sentence for any offence punishable by imprisonment for one year or longer.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 26.
Officer to act on information
26. The Chief Australian Electoral Officer shall, upon receipt of information pursuant to the last two preceding regulations, take action under these Regulations to ensure that such alterations of the appropriate Roll as are necessary are made.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 27.
Forms of notice of objection
PART VI-OBJECTIONS AND APPEALS
27. (1) The notice of objection lodged by an elector or officer-not being the Registrar-in respect of a name on a Roll may be in accordance with Form 9.
(2) The notice of objection lodged by the Registrar in respect of a name on the roll kept by him and the direction of the Returning Officer may be in accordance with Form 10.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 28.
Notice to person against whom objection is made
28. The notice to be forwarded by the Returning Officer to a person whose name has been objected to may be in accordance with Form 11 or Form 12 as the case requires.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 29.
Manner of answering objection
29. Any person against whom an objection has been lodged or made may answer the objection-
(a) by attending before the Returning Officer and making an oral statement to show that the objection is not good; or
(b) by sending by post or delivering to the Returning Officer a statement in writing to show that the objection is not good.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 30.
Notice of determination of objection
30. (1) Upon determining an objection the Returning Officer shall send notice of his decision in accordance with Form 13 to the objector if the objector is not the Registrar, and to the person objected to if that person has answered the objection.
(2) Where the objector is the Registrar notice of the decision on the objection shall be given in the endorsement on Form 10.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 31.
Appeal to Court
31. (1) An application under Part IX of the Commonwealth Electoral Act in its application in the Territory to a Court of summary jurisdiction may be made in writing in the form of a complaint setting out the material facts and asking that the Returning Officer for the Division be summoned to answer the complaint.
(2) Upon the complaint being lodged with him the Clerk of the Court shall issue a summons to the Returning Officer to appear before the Court at a time and place mentioned in the summons to answer the complaint and produce all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.
(3) The Returning Officer may, by himself or some person appointed to represent him, appear at the hearing and produce to the Court all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.
(4) The Returning Officer or the person representing him shall, at the hearing, be entitled to be heard.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 32.
Application of Electoral Act
PART VII-WRITS FOR ELECTION, AND NOMINATIONS
32. In the application of Parts X and XI of the Commonwealth Electoral Act to and in relation to an election in respect of a Division any reference to an election of a member of the House of Representatives shall be read as a reference to an election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 33.
Form of Writ
33. Subject to the provisions of the preceding regulation and the substitution of the words "Electoral Division of in the Australian Capital Territory" for the words "Electoral Division of in the State of " the writ for an election may be in accordance with Form B in the Schedule to the Commonwealth Electoral Act.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 34.
Duty of Returning Officer on receipt of Writ
34. On the receipt of a writ, the Returning Officer shall endorse thereon the date of its receipt and shall advertise the receipt and particulars in a newspaper circulating in the Territory.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 35.
Nomination of candidates
35. (1) The nomination of a candidate may be in accordance with Form 14 and shall-
(a) name the candidate, his place of residence and occupation; and
(b) be signed by not less than 6 persons entitled to vote at the election for which the candidate is nominated.
(2) The place of nomination shall be the office of the Returning Officer for the Division in which the election is to be held and the hour of nomination shall be twelve o'clock noon on the day of nomination.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 36.
Application of Electoral Act
PART VIII-VOTING BY POST
36. (1) In the application of the provisions of Part XII of the Commonwealth Electoral Act in an election any reference to the State or Division for which the elector is enrolled (howsoever expressed) shall be read as a reference to the Territory or to a Division, as the case requires.
(2) 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 14 of these Regulations and to electors who are electors by virtue of that regulation, respectively.
(3) The provisions of sub-section (2) of section 92 of the Commonwealth Electoral Act shall not apply in an election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 37.
Application for postal vote certificate and postal ballot-paper
37. (1) An application for a postal vote certificate and postal ballot-paper-
(a) may be made-
(i) where the applicant is an elector whose name appears on the Roll-in a form in accordance with Part A of Form 15; and
(ii) where the applicant is an elector by virtue of regulation 14 and is not less than 18 years of age-in a form in accordance with Part B of Form 15; and
(b) shall be made to the Returning Officer for the Division in which the election is to be held or-
(i) if the applicant has reason to believe he may not receive a postal vote certificate and postal ballot-paper from that officer in time to vote at the election-to the Divisional Returning Officer for an Electoral Division of a State or to the Registrar for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2) of section 26 of the Commonwealth Electoral Act; or
(ii) if the applicant is within the Northern Territory of Australia-to the Returning Officer for that Territory; or
(iii) if the applicant is temporarily outside Australia-to an Assistant Returning Officer at a place outside Australia.
(2) An application shall be deemed not to have been duly made if it reaches the officer to whom it is made-
(a) where the officer is at a place in Australia-after eight o'clock in the evening of polling day reckoned according to standard or legal time at that place; or
(b) in any other case-after the close of the poll for the election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 38.
Postal vote certificate and postal ballot-paper
38. (1) The postal vote certificate may be in accordance with Form 16 and may be printed on an envelope addressed to the Returning Officer for the Division in which the election is to be held.
(2) The postal ballot-paper may be in accordance with Form 17.
(3) Before issuing a postal ballot-paper, the Returning Officer, Divisional Returning Officer, Registrar or Assistant Returning Officer shall, if the particulars are not already printed thereon insert in the ballot-paper the name of the Division and-
(a) the numbers required to complete the "Directions"; and
(b) the full names of all the candidates in alphabetical order according to their surnames.
(4) When a postal vote certificate and postal ballot-paper is issued to an applicant elector a copy of the "Directions to Elector and Authorized Witness" authorized by the Chief Australian Electoral Officer shall be enclosed therewith.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 39.
Postal ballot-box
39. (1) The Returning Officer for the Division in which the election is to be held shall keep a locked and sealed ballot-box with the words "Postal Ballot-box" marked thereon and shall place and keep therein until the scrutiny all envelopes bearing a postal vote certificate and purporting to contain a postal ballot-paper relating to the Division which-
(a) are delivered to him prior to the close of the poll; or
(b) are received by him through the post up to the end of the period of ten days immediately succeeding the close of the poll.
(2) Before placing in the postal ballot-box any envelope which is received through the post after the close of the poll and which does not bear evidence sufficient to satisfy him that the vote contained in the envelope was recorded before the close of the poll, the Returning Officer shall endorse on such envelope the date of its receipt and initial such endorsement.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 40.
Application of Electoral Act
PART IX-THE POLLING
40. The provisions of section 113 of the Commonwealth Electoral Act do not apply in an election.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 41.
Polling places
41. The Chief Australian Electoral Officer may, by notice in the Gazette-
(a) appoint such polling places for a Division as he thinks necessary; and
(b) abolish any polling place.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 42.
Ballot-boxes
42. (1) Each polling place shall be provided with the necessary ballot-box or ballot-boxes.
(2) Each ballot-box shall have a cleft in the cover through which the ballot-papers may be deposited and shall be provided with means for securely closing the cleft and shall be capable of being securely fastened by means of a lock.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 43.
Certified list of voters
43. The certified list of voters to be used by the Presiding Officer at a polling place shall be a copy of the Roll for the Division certified by the Returning Officer for the Division.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 44.
Ballot-papers
44. Ballot-papers to be used by electors voting at a polling place may be in accordance with Form 18.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 45.
Electors entitled to vote
45. The Roll for a Division in force at the time of an election shall be conclusive evidence of the right of each person enrolled thereon to vote as an elector of the Division unless he shows by his answers to the questions prescribed by regulation 47 that he is not entitled to vote.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 46.
Where electors may vote
46. An elector of a Division (not being a person who is an elector by virtue of regulation 14) is entitled to vote on polling day at a polling place within or for the Division.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 47.
Questions to be put to voter
47. (1) The Presiding Officer-
(a) shall put to every person claiming to vote the following questions:
(i) Have you already voted either here or elsewhere at this election?
(ii) Is your real place of living within the Division of (here state name of Division)?
(iii) (if the last preceding question is answered in the negative)- Was your real place of living at any time within the last three months within that Division?; and
(b) may, and at the request of any scrutineer shall, also put all or any of the following questions:
(iv) Are you of the full age of 18 years?
(v) Are you a British subject?
(vi) Are you qualified to vote? and
(c) may, and at the request of any scrutineer shall, also put to any person claiming to vote whose name appears on the certified list of voters the following question:
(vii) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters?
(2) If any person claiming to vote to whom any of the foregoing questions are put-
(a) refuses to answer fully any question so put to him;
(b) does not answer the question numbered (i) absolutely in the negative when put to him;
(c) does not answer the question numbered (ii) absolutely in the affirmative when put to him, or, if he answers that question in the negative, does not answer the question numbered (iii) absolutely in the affirmative when put to him;
(d) does not answer the questions numbered (iv), (v), (vi) and (vii) absolutely in the affirmative when put to him,
his claim to vote shall be rejected.
(3) The voter's answer to any question put to him by the Presiding Officer under the authority of this regulation shall be conclusive and the matter shall not be further inquired into during the polling.
(4) In this regulation the words "real place of living" include the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 48.
Right of elector to receive ballot-paper
48. (1) The Presiding Officer or a Poll Clerk shall at the polling hand to each person claiming to vote a ballot-paper, duly initialled by the Presiding Officer, if the name under which he claims to vote is on the certified list of voters and-
(a) his right to vote is not challenged; or
(b) his right to vote is challenged and his answers to the prescribed questions show that he is entitled to vote.
(2) The Presiding Officer, at the request of a scrutineer, shall note any objection by the scrutineer to the right of any person to vote and shall keep a record thereof.
(3) If the Presiding Officer puts to any person all or any of the questions specified in paragraphs (b) and (c) of sub-regulation (1) of regulation 47 of these Regulations, his right to vote shall be deemed to have been challenged.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 49.
List of voters to be marked
49. Immediately upon handing the ballot-paper to the person claiming to vote, the Presiding Officer or Poll Clerk shall place a mark against the person's name on the certified list of voters if his name is on that list.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 50.
Vote of person whose name has been omitted or struck out of certified list or
cannot be found on Roll
50. When any person who is entitled to be enrolled on the Roll for a Division claims to vote at an election and his name has been omitted from or struck out of the certified list of voters owing to an error of an officer or a mistake of fact or when any person who is enrolled on the Roll claims to vote at an election and his name cannot be found by the Presiding Officer on the certified list of voters, he may, subject to these Regulations, be permitted to vote if-
(a) in the case of a person whose name has been omitted from the certified list-
(i) he sent or delivered to the Registrar for the Division a duly completed claim for enrolment or transfer of enrolment as the case requires and the claim was received by the Registrar before the issue of the writ for the election; and
(ii) he did not after sending or delivering the claim and before the issue of the writ become qualified for transfer of enrolment to the other Division, to a Subdivision of a State or to a District of the Northern Territory; or
(b) in the case of a person whose name has been struck out of the certified list-
(i) his name was not to the best of his knowledge removed from the Roll owing to objection, transfer or duplication of enrolment, or disqualification; and
(ii) he had from the time of his enrolment to the date of the issue of the writ for the election continuously retained his right to such enrolment; or
(c) in the case of a person whose name is on the Roll but cannot be found by the Presiding Officer, he claims that his name appears or should appear on the Roll,
and makes a declaration in Form 19 before the Presiding Officer.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 51.
Vote of person whose name on certified list has been marked
51. Where a person against whose name on the certified list of voters used at a polling place-
(i) a mark has been placed in accordance with regulation 49; or
(ii) a note has been placed indicating that a postal vote certificate and postal ballot-paper has been issued,
claims to vote at an election and states that he has not already voted or that he has not received a postal vote certificate and postal ballot-paper as the case may be, he may, subject to these Regulations, be permitted to vote if he makes a declaration in Form 20 before the Presiding Officer at the polling place.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 52.
Vote to be enveloped and deposited in ballot-box
52. A person who votes under regulation 50 or 51 shall mark, fold and return his ballot-paper to the Presiding Officer and thereupon that officer shall, in the presence of the voter and of any scrutineer present, without unfolding the ballot-paper, enclose it in the envelope bearing the voter's declaration, fasten the envelope and deposit it in the ballot-box.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 53.
Compulsory voting
53. (1) The list of the names and descriptions of the electors who did not vote at an election for a Division which is required to be prepared by the Returning Officer for the Division under the provisions of section 128A of the Commonwealth Electoral Act in its application to and in relation to the election may be certified in accordance with Form 21.
(2) The notice to be sent to each elector whose name appears on the list may be in accordance with Form 22 and shall be posted within three months after the close of the election.
(3) The form for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 23.
(4) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Returning Officer, is not a valid and sufficient reason for that failure, the Returning Officer shall notify the elector, in accordance with Form 24, of his opinion and inform him that he has the option of having the matter dealt with by the Chief Australian Electoral Officer or by a Court of summary jurisdiction.
(5) If an elector desires the matter to be dealt with by the Chief Australian Electoral Officer and is prepared to abide by the decision of that officer, he shall notify the Returning Officer in accordance with Form 25 and shall deposit with the Returning Officer the sum of Two dollars.
(6) Upon the receipt from an elector who has failed to vote of a notification consenting to the matter being dealt with by the Chief Australian Electoral Officer and to abide by the decision of that officer and of the required deposit, the Returning Officer shall transmit the notification, together with the elector's reply stating his reason for having failed to vote, to the Chief Australian Electoral Officer.
(7) The Chief Australian Electoral Officer shall consider all the facts and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a fine of not less than Two dollars and not more than Four dollars, and notify the Returning Officer accordingly.
(8) The Returning Officer shall-
(a) if a fine is imposed-appropriate the deposit in payment or part payment thereof and notify the elector of the fine and the appropriation of his deposit in payment or part payment thereof; or
(b) if a fine is not imposed-notify the elector accordingly and return his deposit.
(9) A reference to an elector in the provisions of section 128A of the Commonwealth Electoral Act in their application to and in relation to an election does not include a person who is an elector by virtue of regulation 14 and a reference to an elector in this regulation does not include such a person.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 54.
Proceedings in a Court
54. Subject to the directions of the Chief Australian Electoral Officer, the Returning Officer for a Division shall-
(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128A of the Commonwealth Electoral Act in its application to and in relation to an election by an elector of a Division and the elector has not within the time allowed consented to the matter being dealt with by the Chief Australian Electoral Officer and deposited the sum of Two dollars in accordance with sub-regulation (5) of regulation 53; or
(b) if he is satisfied that there has been a contravention of paragraph (b) of sub-section (12) of section 128A of the Commonwealth Electoral Act to and in relation to an election by an elector of a Division; or
(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128A of the Commonwealth Electoral Act in its application to and in relation to an election by an elector of the Division,
forthwith cause proceedings to be taken against the elector in a Court of summary jurisdiction.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 55.
Court to consider elector's reply
55. (1) In any proceedings which are instituted in a Court of summary jurisdiction pursuant to paragraph (a) of the last preceding regulation, the Returning Officer shall send to the Court the elector's reply, if any, stating his reason for having failed to vote.
(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.
(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.
(4) A copy of this regulation shall be served with the summons.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 56.
Proceedings where elector has failed to reply
56. (1) In any proceedings in the Court of summary jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128A of the Commonwealth Electoral Act in its application to and in relation to an election, there shall be served on the defendant a notice that the defendant may attend the Court and answer the charge in person or may, at any time, not less than three days before the date fixed for the hearing, lodge with or send by post to the Returning Officer for the Division of which he is an elector a statutory declaration setting out any matter which he desires to set out in answer to the charge and that, unless the Returning Officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the Returning Officer.
(2) Where a statutory declaration is received by the Returning Officer in pursuance of the last preceding sub-regulation, he shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.
(3) The Court shall, at the hearing, consider the statutory declaration, whether the defendant is present or not, as if the matter set out therein were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 57.
Preliminary scrutiny of postal votes
PART X-THE SCRUTINY AND RETURN OF THE WRITS
57. The Returning Officer for a Division in which an election is held, in the presence of an officer of the Australian Public Service and of such scrutineers as choose to attend, shall produce all applications for postal vote certificates and postal ballot-papers and the postal ballot-box in which have been placed the envelopes containing postal ballot-papers received up to the end of the period of ten days immediately succeeding the close of the poll, and shall-
(a) compare the signature of the voter on each postal vote certificate with the signature of the applicant on the voter's application and allow the scrutineers (if any) to inspect both signatures;
(b) if satisfied that the signature on the certificate is that of the elector who signed the application, that the signature purports to have been witnessed by an authorized witness, that the vote contained in the envelope bearing the certificate 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 and place a mark against the name of the elector on a certified copy of the Roll for the Division, but if not so satisfied disallow the ballot-paper without opening the envelope in which it is contained;
(ba) if not satisfied, in the case of a person purporting to be an elector by virtue of regulation 14, that he is an elector by virtue of that regulation, disallow the ballot-paper without opening the envelope in which it is contained;
(c) place in a parcel the envelopes bearing the certificates of those persons whose ballot-papers he has disallowed, fasten and seal the parcel, endorse thereon the words "Postal Voters' ballot-papers rejected at the preliminary scrutiny" and add his signature and the date;
(d) place the envelope containing the ballot-papers which he has accepted for further scrutiny before him on a table with the address side uppermost;
(f) without further examining the certificate of the voter or permitting any other person to do so withdraw from the envelope the ballot-paper contained therein and without inspecting such ballot-paper or allowing any other person to do so forthwith deposit the ballot-paper in a locked and sealed ballot-box for further scrutiny; and
(g) place the envelopes in a parcel, fasten and seal the parcel and endorse thereon the words "Envelopes bearing postal vote certificates from which ballot-papers have been withdrawn for further scrutiny" and add his signature and the date.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 58.
Preliminary scrutiny of votes recorded under regulations 50 and 51
58. The Returning Officer for a Division, in the presence of an officer of the Australian Public Service and of such scrutineers as choose to attend, shall produce all envelopes taken from the ballot-boxes which contain the ballot-papers of persons who have recorded votes under the provisions of regulations 50 and 51 and shall-
(a) if satisfied that the declaration is in order and-
(i) in the case of a vote recorded under regulation 50-that the voter is a person to whom paragraph (a), (b) or (c) of that regulation applies; or
(ii) in the case of a vote recorded under regulation 51-that the voter is entitled to vote and has not already voted or that he did not receive a postal vote certificate or postal ballot-paper as the case may be,
accept the ballot-paper for further scrutiny, cause any necessary addition to be made to the Roll and place a mark against the name of the elector on a certified copy of the Roll;
(b) if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained; and
(c) take further action, mutatis mutandis, in accordance with the provisions of paragraphs (c), (d), (f) and (g) of regulation 57.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 59.
The scrutiny-general
59. (1) The Returning Officer for the Division shall, in the presence of a Presiding Officer or Poll Clerk and of such authorized scrutineers as may attend-
(a) open all ballot-boxes received from the several polling places, and the ballot-boxes in which have been placed the postal ballot-papers, and the ballot-papers of persons who have voted under the provisions of regulations 50 and 51, which have been accepted for further scrutiny;
(b) reject all informal ballot-papers and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and
(c) count the first preference votes given for each candidate on the unrejected ballot-papers.
(2) The candidate who has received the largest number of first preference votes, shall, if that number constitutes an absolute majority of votes, be elected.
(3) If no candidate has received an absolute majority of first preference votes, the Returning Officer shall proceed with the scrutiny and the counting of the votes as follows:
(i) the candidate who has received the fewest first preference votes shall be excluded and each ballot-paper counted to him shall be counted to the candidate next in order of the voter's preference;
(ii) if no candidate then has an absolute majority of votes the process of excluding the candidate who has the fewest votes, and counting each of his ballot-papers to the unexcluded candidate next in the order of the voter's preference, shall be repeated until one candidate has received an absolute majority of votes; and
(iii) the candidate who has received an absolute majority of votes shall be elected.
(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; and, if in the final count two candidates have an equal number of votes, the Returning Officer shall decide by his casting vote which shall be elected, but, except as provided in this sub-regulation, he shall not vote at the election.
(5) The Returning Officer shall-
(a) place in one parcel all the ballot-papers which have been rejected as informal;
(b) place in a separate parcel all the unrejected ballot-papers; and
(c) seal up the parcels and indorse on each parcel a description of the contents thereof and permit any scrutineers present if they so desire, to countersign the indorsement.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 60.
Scrutiny prior to receipt of all ballot-papers, &c.
60. Where the Returning Officer for the Division is satisfied that the votes-
(a) on any ballot-papers issued at a polling place in connexion with an election which have not been received by him; or
(b) on any ballot-papers used for voting in pursuance of regulation 50 or 51 and in relation to which the Returning Officer has not completed the action specified in regulation 58,
cannot, having regard to the number of those ballot-papers possibly affect the result of the election, the Returning Officer may, with the concurrence of the Chief Australian Electoral Officer, proceed with the scrutiny, without awaiting the receipt of the ballot-papers, or completing the action, as the case may be.
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SECT. 61.
Recount
61. (1) At any time before the declaration of the result of an election, the Returning Officer for the Division, may, if he thinks fit, on the request of any candidate or of his own motion, and shall, if so directed by the Chief Australian Electoral Officer, recount the ballot-papers contained in any parcel.
(2) Before proceeding to recount any ballot-papers, the Returning Officer shall send to each candidate notice of the time and place fixed for the recount.
(3) The Returning Officer shall, at a recount, in the presence of such authorized scrutineers as may attend and of an officer of the Australian Public Service, open the sealed parcel (or parcels) of ballot-papers to be recounted and shall count the votes therein.
(4) The Returning Officer may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Chief Australian Electoral Officer and the Chief Australian Electoral Officer shall, in the presence of an officer of the Australian Public Service and, if any candidate so desires in the presence of a person appointed by such candidate, scrutinize each such ballot-paper and mark the ballot-paper " Admitted " or " Rejected " according to his decision to admit or reject it.
(5) After a parcel has been opened and the votes therein recounted, the Returning Officer shall replace the ballot-papers in their original cover, which he shall refasten, reseal and then place in a new cover which he shall fasten and seal, and make thereon an indorsement of the fact and date of the recount, and the Returning Officer, and such persons authorized to be present at the recount as choose, shall sign the indorsement.
(Signature of witness (in own handwriting))
(Occupation)
(Address)
Date , 19 .
--------
FORM 26
Regulation 64
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS
UNDERTAKING TO BE MADE BY OFFICERS AND SCRUTINEERS
I (here insert name, address, and occupation) do hereby promise and undertake
that I will faithfully perform the duties of (here insert name of office held by the person signing undertaking) to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any
elector, or, except by recording my vote as allowed by law, the result of any
election, and that I will not disclose any knowledge officially acquired by me
touching the vote of any elector, except in reply to a question which I am
legally bound to answer.
Signature.
Dated the day of , 19 .
Witness to signature-
--------
FORM 27
Regulation 66
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS
FORM OF WITHDRAWAL BY CANDIDATE OF CONSENT TO NOMINATION
To the Returning Officer for the Division of
I (here insert Given names, surname, place of residence, and occupation) do
hereby withdraw my consent to nomination as a Member of the House of
Representatives for the abovementioned Division, dated the day of
, 19 .
(Personal signature of candidate)
Dated at (here insert place) the day of , 19 .
Witness-
NOTE-To be signed in the presence of the Officer with whom the nomination was
lodged or of a Justice of the Peace.
--------
AUSTRALIAN CAPITAL TERRITORY REPRESENTATION REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2
Regulation 70 (2)
Modifications of the Commonwealth Electoral Act 1918-1973 in its application
in the Territory-
------------------------------------------------------------------------------ -- Provision
of Act Extent of Modification
------------------------------------------------------------------------------ -- Sections
5 Omit from definition of "Candidate" the words "the Senate or"; Omit definition of "Controller-General of Prisons"; Omit definition of "Division"; Omit definition of "Registrar"; Omit definition of "Registrar-General"; Omit definition of "Returning Officer"; Omit definition of "Subdivision"; 59 Omit from sub-section (1) the words "of Senators or Members of the House of Representatives may be in the Form A or Form B respectively in the Schedule, and"; 68 Omit the words "a Senator or"; 70 Omit the words "as a Senator, or"; 72 Omit the words "of Senators may be made to the Commonwealth Electoral Officer for the State for which the election is to be
held, and nominations"; 73 Omit from paragraph (a) the words "a Senator or a Member of the House of Representatives, as the case may be", insert "a Member of the House of Representatives"; 76 Omit the words "at a Senate election or"; Omit paragraph (a);
80 Omit the words "with the Commonwealth Electoral Officer for the State in the case of a Senate election, or"; 88 Omit from sub-section (1) the words "and one postal ballot-paper for a Senate election"; Omit from that sub-section the words ", or either as the case requires"; 94 Omit the words "a Divisional Returning Officer, a Registrar, a Returning Officer or an Assistant Returning Officer", insert the words "the officer to whom it is addressed"; 133 Omit paragraph (b);
164 Omit from sub-section (1) the words "of a Member of the Senate, or of the House of Representatives, or for the taking of any referendum vote,"; Omit from sub-section (2) the words "of a Member of the Senate, or of the House of Representatives, or for the taking of a referendum
vote,"; 164A Omit from sub-section (1) the words "of a Member of the Senate or of the House of Representatives, or for the taking of any referendum vote,"; 164B Omit from sub-section (2A) the words "or referendum" (wherever occurring);
181A Omit sub-paragraph (i) of paragraph (b) of sub-section (1);
185 Omit from paragraph (c) all the words from and including the words
", or, in the case of the choice" to and including the word "appointment" (second occurring); Omit from paragraph (e) all the words from and including the words
"; or, in the case of the choice" to and including the word "appointment" (second occurring); 203 Omit the words "of a Senator or"; 204 Omit the words "the President if the question arises in the Senate, or"; 206 Omit from paragraph (a) the words "a Senator or"; Omit from paragraph (b) the words "a Senator or"; Omit from paragraph (c) the words "in the Senate or".
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