Commonwealth Electoral and Referendum Regulations (Amendment) (Cth)

STATUTORY RULES.

1915. No. 40.

 

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1911 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1912.

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, and the Referendum (Constitution Alteration) Act 1906-1912, to come into operation forthwith.

Dated the 18th day of March, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. O. ARCHIBALD,

Minister of State for Home Affairs.

 

The Electoral Regulations (Statutory Rules 1912, No. 161) are amended by omitting Regulations 8 and 9 and by inserting in their stead the following Regulations:—

Notification to Elector of Removal of Name from Roll by Direction of the Commonwealth Electoral Officer, or upon Receipt of a Notification under Regulation 9 from a Registrar for Another Subdivision.

 

8. When an Electoral Registrar is directed by the Commonwealth Electoral Officer for the State (in such form as may be authorized by the Chief Electoral Officer), or is required pursuant to a notification under the provisions of Regulation 9 received from a Registrar for another Subdivision, to remove the name of an elector from the Subdivision Roll kept by him, on the ground that the elector has ceased to be qualified for enrolment on that Roll and has secured enrolment on the Roll for another Subdivision, the Registrar shall,

C. 1514.—Price 3d.

 

immediately upon removing such name, send by post to the elector (at the address appearing on the Roll kept by him) a notification of such removal, in accordance with the following form:—

(Front of Form.)

COMMONWEALTH OF AUSTRALIA.

The Commonwealth Electoral Act.

 

STATE OF

 

NOTIFICATION OF REMOVAL OF NAME FROM ROLL.

 

To...................................................................................................................

(Occupation)........................................................................................................

(Address).............................................................................................................

1. In pursuance of the provisions of the Commonwealth Electoral Act I have removed from the Commonwealth Electoral Roll for the Subdivision of......................................... Division of.......... the name of the person enrolled as:—

Surname. Christian name at full length. Place of Living. Occupation. Sex.

2. The reason for the removal of the name referred to is that the elector concerned has secured fresh enrolment on the roll for the Subdivision of (here insert name of Subdivision) Division of (here insert name of Division).

3. If you are the elector enrolled as set out in paragraph (1) of this notification, and have not secured fresh enrolment as indicated in paragraph (2), please forthwith (a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness, and (b) fold the notification so that the address “Commonwealth Electoral Registrar for the Subdivision of (here insert name of Subdivision for which the Registrar issuing this notification is appointed)” shall be visible, complete the address, and post the notification to me with reply attached.

Commonwealth Electoral Registrar

for the Subdivision of................................................

Postal Address......................................................

Dated the......................................... day of..................................... 191.....

...............................................................................................................................................

REPLY.

(To be completed only in the event of the elector to whom this notification is addressed NOT being identical with the Elector who has secured fresh enrolment).

1. I am the elector enrolled as set out in paragraph (1) of the above notification; and

2. I have not secured fresh enrolment as indicated in paragraph (2) of the notification.

Personal Signature of Elector...........................................................................

Dated the......................................... day of..................................... 191.................

Witness to Signature........................................................................................................

(Being an elector or person qualified to be an elector).

Occupation..........................................................................................................................

Place of Living.....................................................................................................................

 

(To be printed on back of Form.)

Commonwealth Electoral

Papers Only. Post Free.

M....................................................................................

..............................................................................

............................................................................

Commonwealth Electoral

Papers Only. Post Free.

The Commonwealth Electoral Registrar

for the Subdivision of................................................

Divisions of..........................................................

(Postal Address)....................................................

 

Notification of Transfer or Change of Enrolment.

9. A notification by a Registrar to another Registrar of the transfer or change of the enrolment of an elector from one Subdivision to another Subdivision, whether in the same or any other Electoral Division, may be in accordance with such of the following forms as is appropriate:—

COMMONWEALTH OF AUSTRALIA.

 

The Commonwealth Electoral Act.

STATE OF

 

NOTIFICATION OF TRANSFER OR CHANGE OF ENROLMENT.

(To be used where a Registrar notifies another Registrar of the removal of ONE name from the Roll.)

To the Electoral Registrar for the Subdivision of...........................................................

Division of......................................................................................................

Yon are hereby notified that.................................................................................................. whose occupation is given in his claim lodged with me as .........................................................................................  and who was formerly enrolled on the Electoral Roll for the (here insert name of Subdivision) Subdivision of the Division of (here insert name of Division) having complied with the requirements of the law, has been enrolled for this Subdivision.

You are requested to remove such name from the Roll kept by you and tonotify the person concerned in accordance with Regulation 8.

Electoral Registrar for the........................................................ Subdivision.

Electoral Division of...............................................................................................

Dated the............................................... day of........................................... 191..........

Received (date)..................................................	No. on Roll (if in print)..................................
Name removed (date).........................................	Date of Enrolment (if in manuscript)..............
Elector notified (date).........................................	Initials of Registrar........................................

 

COMMONWEALTH OF AUSTRALIA.

The Commonwealth Electoral Act.

 

STATE OF

 

NOTIFICATION OF TRANSFER OR CHANGE OF ENROLMENT.

(To be used where a Registrar notifies another Registrar of the removal of more than one name.)

To the Electoral Registrar for the Subdivision of.........................................................

Division of........................................................................................................

You are hereby notified that the electors specified hereunder in Column (1) who were formerly enrolled on the Roll for the Subdivision specified in Column (4) opposite their respective names, having complied with the requirements of the law, have been enrolled for the Subdivision specified in Column (3) opposite their respective names.

You are requested to remove such names from the Roll for the Subdivision kept by you and specified in Column (4) opposite their respective names, and to notify the persons concerned in accordance with Regulation 8.

Name of Elector.	Occupation of Elector (as appearing on claim in respect of which elector has now been enrolled)	Subdivision for which name has now been enrolled.	Subdivision for which name was formerly enrolled.	Number on Roll (if in print), or date of enrolment (if in manuscript). (To be filled in by the Registrar removing the names from the Roll).
(1)	(2)	(3)	(4)	(5)

Electoral Registrar for the................................................ Subdivision.

Electoral Division of.....................................................................................

Dated the.................................................. day of........................................... 191....

Received (date)...............................

Names removed (date)....................

Electors notified (date)....................

Date of insertion in Column (5) of Number on Roll (if in print) or date of enrolment (if in manuscript)..............................

Initials of Registrar.........................

   

The Electoral Regulations (Statutory Rules 1912 No, 161) are amended by omitting Regulation 12 and inserting in its stead the following Regulations:—

Notice to PersonObjected to.

12. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to upon the ground of non-residence, may be in accordance with the following form:—

(Front of Form.)

COMMONWEALTH OF AUSTRALIA.

The Commonwealth Electoral Act.

 

STATE OF

 

NOTICE OF OBJECTION TO PERSON OBJECTED TO ON GROUND OF NON-RESIDENCE.

To...............................................

....................................................

Particulars of Enrolment asappearing on the Roll for the Subdivision of (here insert name of Subdivision.)

Surname. Christian names in full. Place of Living. Occupation. Sex.

Notice is hereby given that an objection has been lodged with me by (here insert the name and description of the objector)objecting to your name being retained on the Electoral Roll for the Division of (here insert name of Division), in the State of (here insert name of State), on the ground that you do not live in the Division and have not so lived for a period of at least one month.

You are entitled at any time within twenty days from the posting of this notice to answer the objection either orally or in writing.

If you intend to answer the objection orally you should attend at my Office at (here insert address of office)between the hours of 9 a.m. and 4.30 p.m. on any day other than a Saturday, or between the hours of 9 a.m. and 12 noon on a Saturday, before the expiration of twenty days from the posting of this notice.

If you claim that your place of living is still in the Division, and you do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of twenty days from the posting of this notice—

(a)complete, personally sign, and date, the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address “Commonwealth Divisional Returning Officer for the Division of ” shall be visible, and post the notice to me with reply attached.

If you have ceased to live in the Division as alleged you need not reply to this objection.

If you answer the objection, notice of the decision on the objection will be sent to you.

If you fail to answer the objection within twenty days from the posting of this notice, the objection will be determined, and your name may be

 

struck off the Roll, but no notice of the decision on the objection will be sent to you.

Divisional Returning Officer for the Division of...........................................

Postal Address..................................................

....................................................

Dated the...................................... day of........................................... 191....

 

REPLY.

(To be completed only if the Elector claims that his place of living is still in the Division.)

1. I am the Elector whose enrolment is set out in this notice.

2. My place of living is still in the Division of (here insert name of Division), for which I retain my qualification for enrolment.

Personal Signature of Elector.....................................................

(To be made in presence of Witness.)

Address....................................................................................

Witness to Signature..................................................................................

(Being an Elector or person qualified to be an Elector).

Occupation........................................................................

Place of Living...................................................................

Dated the...................................... day of........................................... 191....

 

(To be printed on back of Form.)

Commonwealth Electoral

Papers Only. Post Free.

M.....................................................................................................

.................................................................................

................................................................................

Commonwealth Electoral

Papers Only. Post Free.

The Commonwealth Divisional Returning Officer

for the Division of....................................

Postal Address...................................

 

12a. The Notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to on a ground other than non-residence, may be in accordance) with the following form:—

(Front of Form.)

COMMONWEALTH OF AUSTRALIA.

The Commonwealth Electoral Act.

 

STATE OF

 

NOTICE OF OBJECTION TO PERSON OBJECTED TO ON A GROUND OTHER THAN THAT OF NON-RESIDENCE.

To..................................................

.....................................................

Particulars of Enrolment as appearing on the Roll for the Subdivision of (here insert name of Subdivision.)

Surname. Christian names in full. Place of Living. Occupation. Sex.

 

Notice is hereby given that on objection has been lodged with me by (here insert the name and description of the objector)objecting to you name being retained on the Electoral Roll for the Division, of (here insert name of Division), in the State of (here insert name of State), on the following grounds, namely:—(Here insert grounds of objection.).

...............................................................................................................................................

...............................................................................................................................................

...............................................................................................................................................

You are entitled at any time within twenty days from the posting of this notice to answer the objection either orally or in writing.

If you intend to answer the objection orally you should attend at my Office at (here insert address of office)between the hours of 9 a.m. and 4.30 p.m. on any day other than a Saturday, or between the hours of 9 a.m. and 12 noon on a Saturday, before the expiration of twenty days from the posting of this notice.

If you claim that you are qualified for the enrolment above specified, and do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of twenty days from the posting of this notice—

(a) complete, personally sign, and date, the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address “Commonwealth Divisional Returning Officer for the Division of ” shall be visible, and post the notice to me with reply attached.

If you are not qualified for the enrolment above specified, you need not reply to this objection.

If you answer the objection, notice of the decision on the objection will be sent to you.

If you fail to answer the objection within twenty days from the posting of this notice, the objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Divisional Returning Officer for the division of.........................................

Postal Address..........................................................

Dated the......................................... day of.......................................... 191..........

...............................................................................................................................................

REPLY.

(To be completed only if the Elector claims that he is qualified for the enrolment above specified.)

I am the Elector whose enrolment is set out in this notice, and I claim that I am qualified for such enrolment.

My reasons for so claiming are as follow:—

(Here set forth reasons relied upon as an answer to the objection.)

Personal Signature of Elector................................................

(To be made in presence of Witness.)

Address...............................................................................

Witness to Signature.................................................................................................

(Being an elector or person qualified to be an Elector).

Occupation..........................................................................

Place of Living.....................................................................

Dated the......................................... day of..................................... 191.....

 

(To be printed on back of Form.)

Commonwealth Electoral

Papers only. Post Free.

M............................................................................................................

...................................................................................

................................................................................

........

Commonwealth Electoral

Papers only. Post Free.

The Commonwealth Divisional Returning Officer for the Division of

Postal Address............................................

 

Notice of Decision on an Objection.

12b. (1) Where the form of notice of objection specified in Regulation 12 or 12a has been used, the Divisional Returning Officer need only send notice of his decision, under Regulation 15, to the following persons:—

(a) To a person who has answered an objection in the prescribed manner; and

(b) To an objector who is not an Electoral Registrar.

(2) Where an objector is an Electoral Registrar, notice of the decision on the objection may be sent to him in such form as the Divisional Returning Officer thinks fit to use, subject to any authorized direction, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.

 

Notwithstanding anything contained in these Regulations, any form repealed by these regulations may continue to be used for a period not exceeding three months from the fourteenth day of January, 1915.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.