Commonwealth Electoral and Referendum Regulations (Amendment) (Cth)

STATUTORY RULES.

1918. No. 310.

————

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1911, THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1915 AND THE COMMONWEALTH ELECTORAL ACT 1918.

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 Commonwealth Electoral Act 1902-1911, the Referendum (Constitution Alteration) Act 1906-1915 and the Commonwealth Electoral Act 1918 to come into operation on and from the 25th day of November 1918.

Dated this twenty-third day of November, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

P. McM. GLYNN,

Minister of State for Home and Territories.

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Amendment of Electoral and Referendum Regulations.

The Electoral and Referendum Regulations (Statutory Rules 1915 No. 154), are amended as follows:—

1. Regulation 19 is amended by omitting the words “Electoral Registrar” wherever occurring.

2. Regulation 21a is omitted and the following regulation inserted in its stead:—

“21a. A circle containing the words ‘Divisional Returning Officer’s initials,’ or ‘Presiding Officer’s initials,’ as the case requires, may be printed on the back of any ballot-paper, and the words ‘Postal Vote’ or ‘Absent Vote’ may be printed or written on the back of any postal ballot-paper or absent voter’s ballot-paper, as the case requires.”

3. The following new regulations are inserted after regulation 21a:—

“Form of Application for a Postal Vote Certificate and Postal Ballot-paper.

“21b. The application for a postal vote certificate and postal ballot-paper may be in accordance with the form headed Regulation 21b in the Schedule.

Form of Postal Vote Certificate.

“21c (1). The postal vote certificate may be in accordance with the form headed Regulation 21c in the Schedule.

“(2) This form is to be printed on the flap of an envelope to be addressed to the Divisional Returning Officer for the Division for which the elector named in the certificate declares that he is enrolled.

“Form of Postal Ballot-paper for a House of Representatives Election.

“21d. The postal ballot-paper for a House of Representatives Election may be in accordance with the form headed Regulation 21d in the Schedule.

 

Manner of Marking Postal Vote.

“21e. In the case of a House of Representatives Election, an elector voting by post shall mark his vote by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires), in the squares opposite their names, so as to indicate the order of his preference for them.

Ballot-box for Postal Votes.

“21f. The Returning Officer for each Division shall keep a ballot-box with the words ‘Postal Ballot-box’ written thereon, and shall place and keep therein until the scrutiny all envelopes containing postal ballot-papers received up to the close of the poll, and at the scrutiny the ballot-box shall be opened, and the envelopes containing postal ballot-papers, and the postal ballot-papers therein, shall be dealt with as directed by the Commonwealth Electoral Act 1918 and these Regulations.”

Amendment of Schedule.

4.The Schedule to the Electoral and Referendum Regulations (Statutory Rules 1915, No. 154) is amended by inserting after the form headed Regulation 17 the following forms headed respectively Regulation 21b, Regulation 21c, and Regulation 21d.

Regulation 21b.

“This application should be addressed and sent, after the issue of the Writ for the election to which it relates and before polling day, to the Divisional Returning Officer for the Division for which the elector is enrolled; but if the elector has reason to believe that it may not in the ordinary course of post reach that officer so as to enable him to send a Postal Vote Certificate and Postal Ballot-paper to the elector in time to permit of his voting at the election, the application may, for purposes of expedition, be addressed and sent to some other Divisional Returning Officer.

Number……….

Postal Vote Certificate and Postal Ballot-paper issued / /19 .

Initials of the Divisional Returning Officer for the Division of………

In order that a Postal Ballot-paper may be admitted to the scrutiny the envelope in which it is contained must be received by the Divisional Returning Officer to whom it is addressed prior to the close of the Poll for the Election.

Commonwealth of Australia.

The Commonwealth Electoral Act 1918.

Application for a Postal Vote Certificate and Postal Ballot-paper.

(1) Here insert name of Division.

(2) Here insert christian names, surname, place of living, and occupation, as appearing on the Roll.

(3) Here insert name of Subdivision for which enrolled.

(4) Here insert name of Division for which enrolled.

To the Divisional Returning Officer for the Electoral Division of (1)

I, (2) , hereby apply for a Postal Vote Certificate and Postal Ballot-paper to enable me to vote by post at the next forthcoming Senate Election and House of Representatives Election (or either, as the case requires).

I declare

(1) That I am an elector enrolled on the Electoral Roll for the (3) Subdivision of the Division of (4)

(2) That the ground on which I apply to vote by post is—

(a)that I will not throughout the hours of polling on polling day be within ten miles by the nearest practicable route of any polling booth open in the Commonwealth for the purposes of an election;

(b)that I will throughout the hours of polling on polling day be travelling under conditions which will preclude me from attending at any polling booth to vote;

(c) that I am seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote;

(d)that I will, by approaching maternity, be precluded from attending at any polling booth to vote.

Note.—The elector will rule out any of the above grounds which do not apply to his or her particular case.

 

An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a postal vote certificate and postal ballot-paper, or in the declaration contained in such application.

Penalty: Fifty pounds, or imprisonment for One month.

I request that a postal vote certificate and postal ballot-paper, or postal ballot-papers (as the case requires), may be forwarded to me at the following address:—

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Signed by the elector in his own handwriting in my presence—

(Signature of Authorized Witness, in own handwriting)—

(Title under which witness acts as Authorized Witness)—

 

Signature of Elector—

Dated at the day of 19 .

The following persons are authorized witnesses, namely:—All Commonwealth Divisional Returning Officers, Assistant Returning Officers, and officers of the Public Service of the Commonwealth permanently employed in the office of any Commonwealth Electoral Officer of a State or Divisional Returning Officer; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or postal officials in charge of post offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace; all Head Teachers in the employment of a State Education Department; all officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical Practitioners; all Officers in charge of Quarantine Stations; all Officers in charge of Lighthouses; all Pilots in the service of the Commonwealth or of a State, or of any local governing body; all Telegraph Line Repairers permanently employed in the Public Service of the Commonwealth, who are in charge of working parties; all Railway Stationmasters and Night Officers in charge who are permanently employed in the Railway Service of the Commonwealth or of a State; all Superintendents of Mercantile Marine and their Deputies while permanently employed in the Public Service of the Commonwealth or of a State.

No person who is a candidate at any election shall be an authorized witness at that election.

Obligations of Authorized Witnesses.

An authorized witness shall not witness the signature of any elector to an application for a postal vote certificate and postal ballot-paper unless—

(a) he has satisfied himself as to the identity of the applicant;

(b) he has seen the applicant sign the application in his (the applicant’s) own handwriting; and

(c) he knows that the statements contained in the application are true, or has satisfied himself by inquiry from the applicant or otherwise that the statements contained in the application are true.

Penalty: Fifty pounds, or imprisonment for One month.

An authorized witness shall not persuade or induce, or associate himself with any person in persuading or inducing, any person to make application for a postal vote certificate and postal ballot-paper.

Penalty: Fifty pounds, or imprisonment for One month.

The authorized witness shall sign his name in his own handwriting on the application in the space provided for the purpose, and shall add the title under which he acts as an authorized witness, and the date.

Regulation 21c.

“Commonwealth of Australia. No.

The Commonwealth Electoral Act 1918.

Postal Vote Certificate.

I hereby certify that of is entitled to Vote by post in respect of the Division of  State of at the Senate Election and House of Representatives Election (or either, as the case requires), to be held on Saturday, the day of  19 .

Divisional Returning Officer for the Electoral. Division of

Dated this day of 19 .

Signed by the Voter (in his own handwriting) in my presence— (Signature of Authorized Witness, in his own handwriting)— (Title under which Witness acts as Authorized Witnesss) Signature of Voter—

Date  19 .

 

Authorized Witnesses.—The following persons are authorized witnesses, namely:—All Commonwealth Divisional Returning Officers, Assistant Returning Officers, and officers of the Public Service of the Commonwealth permanently employed in the office of any Commonwealth Electoral Officer of a State or Divisional Returning Officer; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or postal officials in charge of post offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace; all Head Teachers in the employment of a State Education Department; all officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical Practitioners; all Officers in charge of Quarantine Stations; all Officers in charge of Lighthouses; all Pilots in the service of the Commonwealth or of a State, or of any local governing body; all Telegraph Line Repairers permanently employed in the Public Service of the Commonwealth, who are in charge of working parties; all Railway Stationmasters and Night Officers in charge who are permanently employed in the Railway Service of the Commonwealth or of a State; all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.

Noperson who is a candidate at any election shall be an authorized witness at that election.

Notes.—(1) The attention of the Voter and Authorized Witness is specially directed to the necessity of strictly observing the instructions endorsed on the back of each Postal Ballot-paper, and to the fact that this envelope containing the Postal Ballot-paper (or Postal Ballot-papers) must be forthwith posted or delivered (to the Divisional Returning Officer to whom it is addressed) by the Voter, or by the person to whom it is entrusted by the Voter for the purpose of posting or delivery.

(2)Any person to whom an envelope containing or purporting to contain a postal ballot-paper is entrusted by a voter for the purpose of posting or delivery to a Divisional Returning Officer, and who fails to forthwith post or deliver the envelope, shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for One month.

Regulation 21d.

[Front of Form.]

“It is the duty of the Divisional Returning Officer issuing this ballot-paper to fill in (a)the name of the State and Division for which the voter declares that he is enrolled; and (b) the full names of all the candidates for that Division, in alphabetical order of their surnames.

Commonwealth of Australia.

State of [here insert name of State]

The Commonwealth Electoral Act.

Electoral Division of—

———

Election of One Member of the House of Representatives.

———

POSTAL BALLOT-PAPER.

Candidates.

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Note.—The elector should carefully read the directions for his guidance printed on the back of this ballot-paper, and in particular note that he must not mark his vote until after he has first exhibited the ballot-paper (unmarked) to the authorized witness.

[Back of Form.]

Directions to Elector and Authorized Witness.

(a)The elector shall exhibit his unmarked postal ballot-paper and his postal vote certificate to the authorized witness.

 

(b)The elector shall then and there, in the presence of the authorized witness, sign his name in his own handwriting on the postal vote certificate, in the place provided for the signature of the voter.

(c) The authorized witness shall then and there sign his name in his own handwriting on the postal vote certificate in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness, and the date.

(d)The elector shall then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires), in the squares opposite their names, so as to indicate the order of his preference for them, and shall fold the ballot-paper so that the vote cannot be seen, and hand it so folded to the authorized witness.

(e) The authorized witness shall then and there place the ballot-paper in the envelope addressed to the Divisional Returning Officer, fasten the envelope, and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Divisional Returning Officer.

(f) If the elector’s sight is so impaired that he cannot vote without assistance, the authorized witness, if so requested by the elector, shall mark the elector’s vote on the ballot-paper in the presence of a witness, and shall then and there fold the ballot-paper so that the vote cannot be seen, and deal with it in the manner provided in paragraph (e) of these directions.

Further Directions to Authorized Witness.

The authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (f) of these Directions, shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote, or to assist the elector to vote, or to interfere in any way with the elector in relation to his vote.

Every authorized witness shall—

(a)comply with the preceding directions in so far as they are to be complied with on his part;

(b) see that the preceding directions are complied with by every elector voting by post before him, and by every person present when the elector votes; and

(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him.

Penalty: One hundred pounds, or imprisonment for Three months.

Duty of Persons Present when an Elector Votes by Post.

Any person present when an elector is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness;

(b) refrain from making any communication whatever to the elector in relation to his vote;

(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote; and

(d) except as provided in paragraph (f) of the above Directions refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Penalty: One hundred pounds, or imprisonment for Three months.

Dutyof Person to whom an Envelope (containing a Ballot-paper) is intrusted for Posting or Delivery.

Any person to whom an envelope containing or purporting to contain a postal ballot-paper is intrusted by a voter for the purpose of posting or delivery to a Divisional Returning Officer, and who fails to forthwith post or deliver the envelope, shall be guilty of an offence.

Penalty: Fifty pounds, or imprisonment for One month.”

 

5. The heading to Regulation 22 is amended by omitting the words “before an Electoral Registrar after the issue of the writ for an Election or Referendum and before polling day, or.”

6. Regulation 22 (17) (iv) is amended—

(a)by inserting therein after the word “shall” (first occurring) the words “in a Senate election”; and

(b) by adding at the end thereof the words:— “and in a House of Representatives election shall—

(a)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 in which the first preference is indicated for the same candidate;

(b) Count the first preference votes given for each candidate on all unrejected ballot-papers; and

(c) If no candidate has received an absolute majority of first preference votes cast at the election, deal with the absent voters’ ballot-papers as if they were ballot-papers contained in the sealed parcels of ballot-papers transmitted to him by Assistant Returning Officers pursuant to section 136 of the Commonwealth Electoral Act 1918.”

7. Regulation 22 is amended—

(a)by omitting from sub-regulation (1) the words “(I) if he has reason to believe that he will not on polling day be within any Commonwealth Electoral Division, and presents himself before any Commonwealth Electoral Registrar at the office of the Electoral Registrar, at any time after the issue of the Writ for the election or Referendum and not later than six o’clock on the afternoon of the day immediately preceding polling day, provided that where a by-election for the House of Representatives is being held in any State an elector shall only be entitled to vote before an Electoral Registrar for a Subdivision of the Division in which such by-election is being held; or (II)”:

(b) by omitting from sub-regulation (3) the words “Electoral Registrar or”:

(c) by omitting from sub-regulation (4) the words “in accordance with either of the forms, headed Regulation 22 (4) (A) or 22 (4) (B), in the Schedule as is applicable to the case,” and by inserting in their stead the following words:—” in accordance with the form headed Regulation 22 (4) (B) in the Schedule.”:

(d)by omitting from sub-regulation (4) the words “the forms headed Regulation 22 (4) (A) and Regulation 22 (4) (B)” and by inserting in their stead the following words:— “the form headed Regulation 22 (4) (B)”:

(e) by omitting sub-regulations (5), (7), (8), (9), (9a), and (10), and the headings relating thereto.

(f) by omitting from sub-regulation (16) the words “(i) each Electoral Registrar; and (ii)”: and the words “Electoral Registrars and”:

(g)by omitting from sub-regulation (17) (ix) the words “the Electoral Registrar or”.

 

8. Regulation 22(17) (vi) (a) is amended by omitting after the words “initials of” the words “the Electoral Registrar or the Presiding Officer in accordance with these Regulations” and by inserting in their stead the following words:— “the proper officer.”

9. Regulation 22 (17) (vi) (c) is amended by omitting the words “it has no vote marked on it, or has votes marked on it for more than one candidate” and inserting in their stead the following words:— “it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate and in the case of any election where there are more than two candidates his contingent votes for all the remaining candidates:

Provided that in an election for the House of Representatives at which there are not more than two candidates, the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of an absent voter’s ballot-paper marked so as to indicate the voter’s first preference only:

Provided further that for the purpose of the last preceding proviso a cross in the square opposite the name of one candidate shall be deemed to indicate the voter’s first preference for that candidate;”

10. Regulation 22 (17) (vii) is amended by omitting the words “or House of Representatives”.

11. Regulation 22 (17) is amended by inserting after regulation 22 (17) (x) the following new clause:—

“(x) A. In an election for the Senate or House of Representatives an absent voter’s ballot-paper shall not be informal for any reason other than the reasons specified in this Regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.”

12. The following new regulation is inserted after Regulation 22:—

“Scrutiny of Postal Ballot-papers.

“22a. The scrutiny of postal ballot-papers shall be conducted as provided for in part XII. of the Commonwealth Electoral Act 1918 and where not so provided shall be conducted as nearly as practicable in the same manner as is provided by Regulation 22 (17) in relation to the scrutiny of the votes of persons voting as absent voters before a Presiding Officer on polling day:

Provided that for the purpose of the scrutiny of postal ballot-papers any reference in Regulation 22 (17) to a ballot-paper, or an absent voter’s ballot-paper, shall be read as a reference to a postal ballot-paper; any reference to a declaration, or an absent voter’s declaration, shall be read as a reference to a postal vote certificate.”

13. Regulation 24 is amended by omitting the words “and Forms of Declaration” and by inserting in their stead the following words:—“Forms of Declaration and Postal Vote Certificates.”

14. The form in the Schedule headed Regulation 22 (4) (B) is amended—

(a) by omitting from the form of declaration the words “or before an Electoral Registrar,” and

(b)by inserting in the form of declaration, after the words “at the election being held this day”, the following words:— “or by post,”

 

15. The form in the Schedule headed Regulation 22 (12) is omitted and the following form is inserted in its stead:—

Regulation 22(12)

ABSENT VOTE.

BALLOT-PAPER.

Commonwealth of Australia.

———

State of [here insert name of State]

———

Electoral Division of [here insert name of Division]

Election of One Member of the House of Representatives.

———

Directions.

The elector should retire alone to an unoccupied compartment of the booth, and there in private mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires), in the squares opposite their names, so as to indicate the order of his preference for them, fold the ballot-paper so that the vote cannot be seen, and return it to the Presiding Officer before whom he made his declaration. The Presiding Officer will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, securely fasten the envelope, and deposit it in the ballot-box.

Candidates.

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16. The Schedule is amended by omitting the forms headed respectively Regulation 22 (4) (A), Regulation 22 (7), Regulation 22 (8), Regulation 22 (9), Regulation 22 (9a).

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.