Commonwealth Electoral and Referendum Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1915. No. 98.

 

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 certify that, on account of urgency, the following Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1912, should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated the sixteenth day of June, 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.

 

AMENDMENT OF ELECTORAL AND REFERENDUM REGULATIONS.

(Statutory Rules 1912, No. 161.)

Sub-regulation 4 of Regulation 22 is, amended—

(a) by omitting the words “either of the following forms” and inserting in their stead the words “such of the following forms as is”;

(b) by inserting after Form A. the following form:—

(A. 1.)

COMMONWEALTH OF AUSTRALIA.

State of

The Commonwealth Electoral Act.—The Referendum (Constitution Alteration) Act.

Absent Voter’s Declaration to be made before a COMMONWEALTH ELECTORAL REGISTRAR after the issue of the Writ for a Referendum, and not later than six o’clock on the afternoon of the day immediately preceding Polling Day, by an Elector who has reason to believe that he will not, on Polling Day, be within any Commonwealth Electoral Division.

I declare—(i) that I am the person enrolled as—

Surname Christian Names at Full Length. Place of Living (as appearing on Roll). Occupation.

on the Electoral Roll for the Subdivision

of the Electoral Division of in the

State of

C. 7133—Price 3d.

(ii) That I have not voted in connexion with the Referendums to be hold on the day of  191 .

(iii) That in pursuance of my avocation or of arrangements into which I have already entered, I will not on Polling Day be within any Commonwealth Electoral Division.

(iv) That if I am permitted to vote in pursuance of this Declaration I will not again vote at the said Referendums.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a Ballot-paper to which I am not entitled, or wilfully make any false statement in this Declaration, I will be prosecuted, and am liable to two years’ imprisonment.

Note.—“Referendums” in this Declaration means any Referendum held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being.

Personal Signature of Elector

Signed before me, at my office, on the day of 191 .

Electoral Registrar

for the Subdivision, Division of

——

DIRECTIONS.

1. This form of Declaration must, after being filled up, be signed by the Elector with his personal signature in the presence of the Electoral Registrar, and then be completed and attested by the Electoral Registrar.

2. The Electoral Registrar shall then (subject to the provisions of Regulation 22) initial and hand to the Electoral and special form of Ballot-paper (headed “Absent Vote”) having thereon a Ballot-paper for each Referendum for the State for which the Elector claims to vote.

3. The Elector will then forthwith—

(i) retire alone to an unoccupied portion of the room and there, in private, mark his votes in the manner directed on the special form of Ballot-paper handed to him;

(ii) fold the special form of Ballot-paper in such a manner as to conceal his votes, and at once return the special form of Ballot-paper so folded to the Electoral Register.

4. The Electoral Registrar will then—

(a) see that he receives from the Elector the special form of Ballot-paper, duly folded, and, without unfolding it, forthwith, in the presence of the Elector, enclose it in the envelope bearing the Declaration of the Elector, and addressed to the Divisional Returning Officer for the Division for which the Elector declares that he is enrolled; and

b) securely fasten the envelope, and post it.

(c) by inserting after Form B. the following form:—

(B. 1.)

COMMONWEALTH OF AUSTRALIA.

State of

The Commonwealth Electoral Act.—The Referendum (Constitution Alteration) Act.

Absent Voter’s Declaration to be made before a PRESIDING OFFICER on Polling Day by an Elector voting at a Polling Place in the Commonwealth OTHER THAN A POLLING PLACE PRESCRIBED FOR THE SUBDIVISION FOR WHICH HE IS ENROLLED.

I declare that I am the person enrolled as—

Surname. Christian Names at Full Length. Place of Living (as appearing on Roll). Occupation.

on the Electoral Roll for the Subdivision

of the Electoral Division of , in the

State of , that I have not been and shall not be to-day

within the Subdivision for which I am enrolled under conditions which would permit of my voting at any Polling Place prescribed for that Subdivision, and that I have not voted at this or any other Polling Place or before an Electoral Registrar at the Referendums being held this day, and I promise and declare that if I am permitted to vote at this Polling Place as an Absent Voter I will not again vote at these Referendums.

I am aware that if I falsely personate, or attempt to personate, any other person for the purpose of securing a Ballot-paper to which I am not entitled, or wilfully make any false statement in this Declaration, I will be prosecuted, and am liable to two years’ imprisonment.

Note.—“Referendums” in this Declaration means any Referendum held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being.

Personal Signature of Elector

Signed before me, the day of 19

Polling Place.

Presiding Officer.

——

DIRECTIONS.

1. This form of declaration must, after being filled up, be signed by the Elector with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.

2. The Presiding Officer shall then (subject to the provision of Regulation 22) initial and hand to the Elector one special form of Ballot-paper (headed “Absent Vote”) having thereon a Ballot-paper for each Referendum for the State for which the Elector claims to vote, held on the date upon which this declaration is made.

3. The Elector will then forthwith—

(i) retire alone to an unoccupied compartment of the Polling Booth and there, in private, mark his votes in the manner directed on the special form of Ballot-paper handed to him;

(ii) fold the special form of Ballot-paper in such a manner as to conceal his votes, and at once return the special form of Ballot-paper so folded to the Presiding Officer before whom he made the Declaration.

4. The Presiding Officer will see that he receives from the Elector the special form of Ballot-paper duly folded, and will, if necessary for purposes of identification, request the Elector to again state his name. He will then, without unfolding the special form of Ballot-paper, forthwith, in the presence of the Elector, enclose it in the envelope bearing the Declaration of the Elector, and addressed to the Divisional Returning Officer for the Division for which the Elector declares that he is enrolled, securely fasten the envelope, and deposit it in the Ballot-box.

 

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