Commonwealth Electoral and Referendum Regulations (Provisional) (Cth)
STATUTORY RULES.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1902-1909 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1909.
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
Dated the twenty-second day of December, One thousand nine hundred and ten.
DUDLEY,
Governor-General
By His Excellency’s Command,
KING O’MALLEY,
Minister of State for Home Affairs.
1. (I.) These Regulations supersede
the Provisional Regulations under the
(ii.)
Repealed Forms “B,” “C,” and “D,” in the Schedule to the
(III.) Nothing in these Regulations shall affect the Regulations relating to Joint Electoral Rolls in the State of Tasmania (Statutory Rules 1909, No. 29).
PART I.—ELECTORAL REGULATIONS.
Definition.
2. In this part of these
Regulations “the Act” means the
C.1789.—Price 8d.
Change of Electors from one Roll to Another.
3. (I.) When any directions are issued by the Minister in accordance with section 26 of the Act for the change of electors from one Roll to another, effect shall be given to those directions by removing the names of the electors from the Roll from which they are changed, and by inserting the names so removed on the Roll to which they are changed.
(II.) Notice of the change shall be sent by post to each elector concerned, and shall be in accordance with the following form:—
Commonwealth of Australia.
Change of Electors from one roll to another under the Provisions of Section 26 of the Commonwealth Electoral Act 1902-1909.
To
You are hereby informed that your name has been removed from the Roll for the Subdivision of the Electoral Division of and has been placed on the Roll for the Subdivision of the Electoral Division of Electoral Registrar for the Subdivision.
Dated the day of 19 .
(III.) Where—
(
a ) a Subdivision is abolished and the Minister directs that all electors whose names are on the Roll for that Subdivision shall be changed to one other Subdivision Roll; or(
b ) the boundaries of a Division are altered, and any Subdivision becomes changed from one Division to another Division, and all electors whose names are on the Roll for the Subdivision become changed from the Roll for that Subdivision to one Subdivision Roll for the other Division;
public
notice of the change may be given in the
Form of Roll.
4. The Roll shall be in accordance with the following form, and shall contain the particulars indicated therein:—
Commonwealth of Australia.
State of [
here insert name of State ].Division of [
here insert name of Division ].Roll of Electors for the Subdivision of [
here insert name of Subdivision ].
No., Name in Full, Place of Living, Occupation, and Sex of each Elector.
[
Footnote:—M signifies Male, F signifies Female.
Sale of Electoral rolls.
5. The prices at which Rolls shall be sold are as follow:—
| 2 | 0 |
| 0 | 6 |
| 0 | 6 |
| 0 | 3 |
Rolls to be open to Public Inspection.
6. Every Roll kept by an Electoral Registrar shall be open to public inspection without fee at the office of the Registrar at all convenient times during his ordinary office hours.
Notice to person whose name has been omitted from a Subdivision Roll on the preparation of new Rolls.
6a. Where in the preparation of new Rolls the name of any person, whose name was on the roll for any Subdivision immediately prior to the preparation of the New Rolls, has been omitted from the new Roll for that Subdivision, on the ground that he was not then living in that Subdivision, the Commonwealth Electoral Officer for the State may, as soon as practicable after the preparation of the Roll has been completed, give him written notice of the omission, and shall in the notice give such directions as he thinks fit to enable him to have his name enrolled if he is so entitled.
Combined Form of Claim for Enrolment, Transfer, of Change.
6aa. (i.) A claim for enrolment under section 56, an application to transfer under section 59, and an application to change under section 61a may be in accordance with the following combined form:—
[
Commonwealth of Australia.
The
Electoral Claim.
To the Electoral Registrar
for the Subdivision of
Division of
State of
1. I am an inhabitant of Australia and have lived therein for six months continuously.
2. I claim to have my name placed on the Electoral Roll for the Subdivision of in which I now live and have lived for a period of not less than one month immediately preceding the date of this claim.
3. I am not under the age of 21 years.
4. I am a natural-born or naturalized subject of the King.
5. I am not disqualified from voting.
6. My name is on the Electoral Roll for*
* Here insert the name of the Subdivision and Division, or if not already enrolled insert the words “no other, Subdivision.”
I declare that the whole of the statements made in this claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.
Personal signature of claimant
Dated the day of 19 .
I, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named claimant sign the above claim.
Witness to signature
Occupation
Place of living
A 2
Any person who witnesses the signature of the claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the claimant or otherwise that the statements contained in the claim are true, is guilty of an offence, and liable to a penalty of £50.
The signature of the claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.
N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.
[
Particulars for Enrolment. | Surname Christian Names (in full) Place of Living (Full postal address) Occupation Sex Personal Signature of Claimant |
|
(II.) The witness to the signature of the claimant must be an elector or a person qualified to be an elector of the Commonwealth.
Acknowledgment of Claim.
6b. An acknowledgment of a claim for enrolment or application for transfer or change of enrolment may be issued by the Officer receiving such claim or application in such form as may be authorized.
Rejection of Claim for Enrolment.
(II.) The Divisional Returning Officer shall thereupon, after making such inquiry (if any) as he thinks fit to make, decide the claim.
(III.) If the Divisional Returning Officer decides not to enrol the claimant pursuant to the claim, he shall give notice to the claimant of his decision.
The notice shall be in accordance with the following form:—
Commonwealth of Australia.
The
Notice of rejection of Claim for Enrolment.
To
Notice is hereby given that I have
decided not to enrol your name on the Electoral Roll for the Division of
because I am not satisfied as to [
You are entitled, at any time within one calendar month after the receipt of this notice, to appeal to a Court of Summary Jurisdiction for an order directing that your name may be added to the Roll.
Returning Officer for the
Division of
Dated the day of 19 .
Notification of Transfer to another Electoral Division.
8. Notification of transfer to another Division shall be in accordance with the following form:—
Commonwealth of Australia.
The
State of
Notification of Transfer to another Division.
To the Electoral Registrar for the Subdivision, Division of .
You
are hereby informed that who
was formerly on the Roll for the Subdivision
of the Division of ,
having complied with the requirements of the
You are requested to remove such name from the Roll for the Subdivision of the Division of Electoral Registrar for the Subdivision Division of .
Dated the day of 19 .
Received (date). Name removed (date). Initials of Registrar— |
*
Notification of Change from one Subdivision to another Subdivision within the same Electoral Division.
10. Notification of change from one Subdivision to another Subdivision within the same Electoral Division shall be in accordance with the following form:—
Commonwealth of Australia.
The
State of
Division of
Notification of Change from one Subdivision to another Subdivision within the same Electoral Division.
To the Electoral Registrar for the Subdivision.
You are hereby informed that
who
was formerly on the Roll for the Subdivision,
having complied with the requirements of the
You are requested to remove such name from the Roll for the
Subdivision.
Electoral Registrar for the Subdivision.
Dated the day of 19 .
Received (date). Name removed (date). Initials of Registrar— |
(*Regulation 9 is repealed.)
Application for Alteration or Correction.
11
Commonwealth of Australia.
The
State of—
Division of—
Subdivision of—
Application for Alteration of Correction in the commonwealth Electoral roll.
To the Electoral Registrar for the Subdivision.
name and Particulars as appearing iN Roll.
No. | Surname. | Christian Names at full length. | Place of Living. | Occupation. | Sex. |
In place of the above please substitute the following:—
No. | Surname. | Christian Names at full length. | Place of Living. | Occupation. | Sex. |
Signature of Elector—
Dated the day of 19 .
I, the undersigned, an elector of the Commonwealth, enrolled for the
Subdivision of the Division of , certify that I have seen the above named applicant sign the above application, and that I am satisfied that the statements therein contained are true.
Signature of Witness—
Address—
note.—Any person who witnesses this application without being personally acquainted with the facts or satisfying himself by inquiry from the applicant or otherwise that the statements contained in the application are true, is guilty of an offence and liable to a penalty of £50.
Electoral forms for public use may be obtained at any post-office.
Received (date) Registered (date) Initials of Registrar— |
Form of Notice of Objection.
11a. (i.) The notice of objection to the retention of a name upon the Electoral Roll,to be lodged by a person other than an Electoral Registrar, shall be in accordance with the following form:—
form D.
Commonwealth of Australia.
The
Notice OF Objection.
I object to the name of
No. on Roll. | Surname. | Christian names at full length. | Place of living. | Occupation. | Subdivision for which enrolled. |
being retained on the Electoral Roll for the Division of (
a )in the State of , on the ground that (
b )(Signed.)
(Address)
(Occupation)
Dated this day of 19 .
(II.) The notice of objection to the retention of a name upon the Electoral Roll, to be lodged by an Electoral Registrar, shall be in accordance with the following form:—
[
Commonwealth of Australia.
The
Notice of Objection.
To the Divisional Returning Officer
for the Division of
I object to the undermentioned names being retained on the Electoral Roll for the Division of in the State of Electoral Registrar for the Subdivision.
Dated this day of 19 .
Person Objected to. | Occupation. | Place of living as appearing in Roll. | Last known place of abode. | Ground of Objection. | Registrar’s Initials. | ||
No. on Roll. | Surname. | Christian names at full length. | |||||
Note.—This form to be furnished in duplicate.
[
Indorsement byReturning Officer.
| _______________________________________ |
| _______________________________________ |
(3) Answers received from—
Notification to the Electoral Registrar for the ____________________________Subdivision.
(a) Objections sustained excepting as to the following names, viz.:—
(b) You are hereby required to forthwith remove from the Roll for the Subdivision all the names appearing on the within list of objections,
with the exception of those mentioned in the foregoing paragraph ( a), in which case the objections have not been sustained.
Returning Officer for the Division
of
Dated the day of 19 .
Notice to person Objected to.
12. (I.) The notice to be forwarded by the Returning Officer to a person whose name has been objected to shall be in accordance with the following form:—
Commonwealth of Australia.
The
Notice of Objection to Person Objected to.
To
Notice is hereby given that an
objection has been lodged with me by [
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 between the hours of and on some day before the expiration of twenty days from the posting of this notice.
If you intend to answer the objection in writing, you should, before the expiration of twenty days from the posting of this notice, send to me by post, or deliver at my office a statement in writing to show that the objection is not good.
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.
Returning Officer for the Division
of
Dated the day of 19 .
(II.) Where the form of notice specified in this Regulation has been used, the 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.
(III.) Where an objector is an Electoral Registrar, notice of the decision on the objection may be sent to him in such form as the 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.
Manner of Answering Objection.
13. Any person against whom an objection has been lodged or made may answer the objection as follows:—
(
a ) By attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him, 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 at his office a statement in writing to show that the objection is not good.
Inquiry into Objection.
14. Before determining any objection, the Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.
Notice of Determination of Objection.
15. The Returning Officer shall send notice of his decision to the objector and (where the person objected to has answered the objection within the prescribed period) to the person objected to. The notice shall be in accordance with the following form:—
Commonwealth of Australia.
The
Notice of Determination of Objection.
To
Notice is hereby given that I have
considered the objection lodged by [
(
a ) to remove the said name from the said Electoral Roll;(
b ) to dismiss the objection.(
Note.—Strike out sub-paragraph (a )or sub-paragraph (b )as the case requires .)
Any party aggrieved by this decision is entitled, at any time within one calendar month after the receipt of this notice, to appeal against the decision to a Court of Summary Jurisdiction.
Returning Officer for the Division
of
Dated the day of 19 .
Electoral Appeal.
16. (I.) An application under section 73 of the Act to a Court of Summary Jurisdiction may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment (Regulation 7), or of notice of the determination of an objection (Regulation 15), and may be made in writing in the form of a complaint setting out the material facts, and asking that the Returning Officer be summoned to answer the complaint.
(II.) 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 application or objection as the case requires.
(III.) 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 application, but, if he does not desire to be present, he may send the papers to the Clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and the statement shall be considered by the Court at the hearing.
(IV.) The Returning Officer or person representing him shall, if present at the hearing, be entitled to be heard.
(v.) In this Regulation “complaint’’ shall include any appropriate proceeding for the institution of a proceeding in a Court of Summary Jurisdiction.
Withdrawal by Candidate OF Consent to Nomination.
17. The withdrawal by a Candidate of his consent to nomination shall be in accordance with the following form:—
Commonwealth of Australia.
The
State of
Division of [
here insert name of Division if for the House of Representatives ].
Form of Withdrawal of Consent to Nomination.
To the
I [
[
Dated at [
Witness—
Note.—To be signed in the presence of an authorized witness as defined in section 109A of the Act.
Form OF Postal Ballot-paper for a Senate Election.
17c. The postal ballot-paper for a Senate Election shall be in accordance with the following form:—
[
Commonwealth of Australia.
State
of [
The
Election of Senators.
Note.—The Elector must vote for the full number of candidates to be elected.
POSTAL BALLOT-PAPER.
Note.—The Elector must not mark this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.
[
(
(
(
(
(
(
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 (
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;(
c ) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and(
d ) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.
Penalty: One hundred pounds or Three months’ imprisonment.
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 (c ) of the Directions to Elector (above) 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 Three months’ imprisonment.
Form of Postal Ballot-paper for a House of Representatives Election.
17d. The postal ballot-paper for a House of Representatives Election shall be in accordance with the following form:—
[
Commonwealth of Australia.
State of [
The
Electoral Division of—
Election of ONE Member of the House of Representatives.
POSTAL BALLOT-PAPER.
Note.—The elector must not mark this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.
[
(
(
(
(
(
(
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 (
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;(
c ) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and(
d ) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.Penalty: One hundred pounds or Three months’ imprisonment.
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 (c ) of the Directions to Elector (above) 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 Three months’ imprisonment.
(Fold in.)
Manner of Marking Postal Vote.
17e. The manner in which an elector voting by post shall mark his vote is as follows:—
(
a ) In the case of a Senate Election, by writing on the ballot-paper the names of the candidates for whom he votes; and(
b ) In the case of a House of Representatives Election, by writing on the ballot-paper the name of the candidate for whom he votes.
Official Mark.
17f. The official mark for the authentication of ballot-papers shall be a water mark in the paper thereof, consisting of a representation of a shield having therein tHE letters “C A” intertwined.
Form of Absent Voter’s Ballot-paper.
17g. (i.) The absent voter’s ballot-paper for a Senate Election shall be in accordance with the form “O” in the Schedule to the Act.
(II.) The absent voter’s ballot-paper for a House of Representatives Election shall be in accordance with the form “P” in the Schedule to the Act:
Provided that the names of the Candidates may be either printed or written thereon.
PART II.—ELECTORAL AND REFERENDUM REGULATIONS.
Form of Application for a Postal Vote Certificate and Postal Ballot-paper.
17h. (1.) The form of application for a postal vote certificate and postal ballot-paper shall be in accordance with the following form:—
Form K.
—
Commonwealth of Australia.
The
Application for Postal Vote Certificate and Postal Ballot-paper for a Senate Election, or a House of Representatives Election, or a Referendum.
State of
To the Divisional Returning Officer, Electoral Division of*
I,
hereby apply for a postal vote certificate and a postal ballot-paper to enable me to vote by post at the next forthcoming Election.
Note.—“Election” means a Senate Election, or a House of Representatives Election, or a Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.
I am an elector enrolled on the Electoral Roll for the‡
Subdivision of the above-named Division.
The ground on which I apply is—
(
a ) that I have reason to believe that I will not, during the hours of polling on polling day, be within five miles of any Polling Place for the Division for which I am enrolled.My reason for this belief is§
(
b ) that, being a woman, I will, on account of ill-health, be unable to attend the Polling Place on polling day to vote.(
c ) that I will be prevented by serious illness or infirmity from attending the Polling Place on polling day to vote.
Note.—(i.) The elector will rule out any two of the above grounds which do not apply to his or her particular case, as only one ground is necessary for the application.
(ii.) 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.
Penalty: Fifty pounds, or one month’s imprisonment.
I request that a Postal Vote Certificate and the necessary Postal Ballot-paper or Ballot-papers to enable me to vote by post may be forwarded to me at the following address:—.
¶
Signed by the Elector (in his own handwriting) in my presence— | Signature of Elector— |
(Signature of Authorized Witness)— | |
(Title under which Witness acts as Authorized Witness)— |
Date— 19 .
AUTHORIZED WITNESSES.—The following persons are Authorized Witnesses, namely:—All Commonwealth Electoral Officers for States; all Commonwealth Returning Officers; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or persons 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 Light-houses; 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 Station Masters and Night Officers-in-charge who are permanently employed in the Railway Department in any of the States; and all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.
Duty of Authorized Witnesses.
An authorized witness shall not witness the signature of any elector to this application 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 is personally acquainted with the facts, or has satisfied himself by inquiry from the applicant that the statements contained in the application are true.Penalty: Fifty pounds, or one month’s imprisonment.
This application must be made and sent after the issue of the writ and before polling day.
(2.) Provided always that an application for a Postal Vote Certificate and Postal Ballot-paper (whether for the purposes of an Election or Referendum or for both) shall not be bad in form by reason of the fact that it is made in accordance with the form provided for in the Regulations superseded by these Regulations instead of in the form K provided for in this Regulation.
Form of Postal Vote Certificate.
17j. (I.) The postal vote certificate shall be in accordance with the following form:—
Commonwealth of Australia. No.
The
The
State of— Division of—
Postal Vote Certificate.
I hereby certify that of is entitled to vote at the Election* to be held on Divisional Returning Officer.
Dated this day of 19 .
* note.—“Election” means an Election for the Senate for the above-mentioned State; or an Election for the House of Representatives for the above-mentioned Division; or any Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.
Signed by the Voter (in his own handwriting) in my presence— | |
(Signature of Authorized Witness)— | Signature of Voter— |
(Title under which Witness acts as Authorized Witness)— |
Date 19 .
Authorized witnesses.—The following persons are Authorized Witnesses, namely:—All Commonwealth Electoral Officers for States; all Commonwealth Returning Officers; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or persons 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 Light-houses; 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 Station Masters and Night Officers-in-charge who are permanently employed in the Railway Department in any of the States; and all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State.
note.—
(II.) 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 is enrolled.
Ballot-box for Postal Votes.
18. 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.
Undertaking to be made by Officers and Scrutineers.
19. (I.) Every Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, and Scrutineer shall make and subscribe an undertaking in accordance with the following terms:—
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 or referendum, 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—
(ii.) The fact that any Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, or Scrutineer has not signed the undertaking required by this Regulation shall not be a ground for setting aside any election or Referendum.
Prescribed Polling Places for a Subdivision.
19a.
The polling places for a Subdivision shall be those polling places which are
declared by the Minister by
Same Polling Booth may be used for two Elections or Referendums.
20. Where an election for the Senate and an election for the House of Representatives or one or more Referendums are held on the same day, the same polling booths and ballot-boxes may be used for the purposes, of the elections and Referendums or any of them, but the ballot-papers for each election and Referendum shall be distinctively coloured.
Ballot-boxes.
21
Circle for Presiding Officer’s Initials.
21a. A circle containing the words “Presiding Officer’s Initials” may be printed on the back of each ballot-paper to indicate the position in which the initials of the Presiding Officer should be placed.
Form of Declaration under Section 139 (1) (
21b. The following form may be used in lieu of form Q in the Schedule to the Act.
form Q.
Commonwealth of Australia.
State of
The
The
Form of Declaration to be signed by a Voter before Voting at any Polling Place in the same Division other than a Prescribed Polling Place 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. | Occupation. |
on the Electoral Roll for the Subdivision of the Division of , and that I have not voted at either this or any other Polling Place, or by post, at the Election* being held this day, and I promise and declare that if I am permitted to vote at this Polling Place I will not vote elsewhere at this Election.*
Signature of Elector
Declared before me this day of 19
at Polling Place.
Presiding Officer.
* Note.—”Election” means a Senate Election; or a House of Representatives Election; or any Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.
Facilities for enabling an Elector to Vote at a Polling Place within the State, other than a Polling Place for the Division for which the Elector is Enrolled.
22. (I.) In the case of an election for the Senate or a General Election for the House of Representatives, or a Referendum held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being, an elector may, subject to this Regulation, vote as an absent voter at any polling place in the State (not being a polling place for the Division for which he is enrolled) which is presided over by an Assistant Returning Officer.
(
a ) The elector must state his name, his place of living and occupation, and the Division and, to the best of his knowledge, the Subdivision for which he is enrolled.(
b ) The Assistant Returning Officer may, if he thinks fit, and shall, at the request of any scrutineer, put to the elector any of the questions prescribed by section 141 of the Commonwealth Electoral Act which is applicable to the case.
C.1789. B
(
c ) If the elector answers satisfactorily the questions put to him, or if no questions are put to him, he may be allowed to vote as an absent voter upon making a declaration (which may be printed on an envelope) in accordance with the following form:—
Commonwealth of Australia.
State of
The
The
Declaration to be made by an Elector voting at a Polling Place in the State (other than a Polling Place for the Division for which he is enrolled) which is presided over by an Assistant Returning Officer.
I declare that I am the person enrolled as—
Surname. | Christian Names at full length. | Place of Living. | Occupation. |
on the Electoral Roll for the Subdivision of the Electoral Division of , and that I have not voted at either this or any other Polling Place, or by post at the Election* 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 vote elsewhere at this Election.*
*Note.—“Election” means a Senate Election; or a House of Representatives Election; or any Referendum or Referendums (under the provisions of the Referendum (Constitution Alteration) Act in force for the time being); or any or all of them, as the case requires.
Signature of Elector
Declared before me this day of 19 ,
at Polling Place.
Assistant Returning Officer.
1. This form of declaration must, after being filled up, be signed by the elector in his own handwriting in the presence of the Assistant Returning Officer, and then be completed and attested by the Assistant Returning Officer.
2. The Assistant Returning Officer will then (subject to the provisions of Regulation 22) initial and hand to the elector a ballot-paper for the Senate Election or the House of Representatives Election or any Referendum (or ballot-papers for all of them, as the case requires) held on the date upon which this declaration is made.
3. The elector will then
forthwith—(
4. The Assistant Returning Officer will see that he receives from the elector each 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 ballot-paper, forthwith in the presence of the elector enclose all the ballot-papers received from that elector in the envelope addressed to the Divisional Returning Officer and bearing the declaration of the elector, securely fasten the envelope, and forthwith forward it to the Divisional Returning Officer for the Division for which the elector declares that he is enrolled.
(II.) An Assistant Returning Officer if so authorized by the Divisional Returning Officer, may, by writing under his hand, delegate to an Assistant Presiding Officer any power, function, or duty, which is exercisable by him in pursuance of this Regulation, in which event the Assistant Presiding Officer shall for all the purposes of the delegation be deemed to be the Assistant Returning Officer, and may initial ballot-papers and, when attesting the declarations of electors, sign as Assistant Returning Officer: Provided that if in case of an emergency on polling day it becomes necessary in order to meet public convenience for an Assistant Returning Officer who from any cause has not received authority from the Divisional Returning Officer to delegate his functions under this Regulation, he may do so subject to his action being afterwards ratified by the Divisional Returning Officer, but in every such case the Assistant Returning Officer shall immediately report the facts to the Divisional Returning Officer.
Notification of Despatch of Absent Voters’ Ballot-papers.
24. Immediately after the close of the poll the Assistant Returning Officer shall, by telegraph or other expeditious means, send to each Divisional Returning Officer to whom he has forwarded any envelopes containing absent voters’ ballot-papers advice of the number of envelopes so forwarded.
Scrutiny of Absent Voters’ Ballot-papers.
25. (I.) The Divisional Returning Officer for the Division for which the voter declares that he is enrolled shall examine the declaration on the envelope containing the absent voter’s ballot-paper, and if it appears to him that the person whose name is signed to the declaration is enrolled for the Division, and that the declaration is duly attested, he shall accept the ballot-paper for further scrutiny, but otherwise he shall reject the ballot-paper without opening the envelope. If he accepts the ballot-paper for further scrutiny he shall open the envelope without destroying the declaration and extract the ballot-paper and without unfolding it place the ballot-paper in the ballot-box.
(II.) When all the absent voters’ ballot-papers received have been dealt with as prescribed in paragraph (I.) of this Regulation, the ballot-box containing accepted ballot-papers shall be well shaken and the ballot-papers may then be taken out and the scrutiny of them proceeded with: Provided that in cases where a large number of absent voters’ ballot-papers have to be dealt with the procedure prescribed in this paragraph may be taken from time to time when the ballot-box contains one hundred ballot-papers for each election or referendum, but so that the Divisional Returning Officer shall keep enough ballot-papers in the ballot-box uncounted so as to secure as nearly as practicable that all ballot-papers when counted shall be taken from a number not being less than one hundred for each election or referendum.
(III.) At the scrutiny the Divisional Returning Officer shall open the absent voters’ ballot-papers, and shall allow and count those which are formal, and shall disallow and reject those which are informal.
(IV) An absent voter’s ballot-paper shall be informal if—
(
a ) in an Election for the Senate or the House of Representatives or in a Referendum, it is not authenticated by the initials of the Assistant Returning Officer in accordance with these Regulations, or by an official mark as prescribed under the provisions of the Commonwealth Electoral Act or the Referendum (Constitution Alteration) Act (as the case requires) in force for the time being;(
b ) in an Election for the Senate, it has votes indicated on it for a greater or less number of Candidates than the number required to be elected;(
c ) in an Election for the House of Representatives, it has more than one vote indicated on it;(
d ) in a Referendum, it has more than one vote indicated on it;(
e ) in an Election or Referendum, it has no vote indicated on it; and(
f ) in an Election for the Senate or the House of Representatives or in a Referendum, it has upon it any mark or writing not authorized to be put upon it which, in the opinion of the Divisional Returning Officer, will enable any person to identify the voter.
(V) Each Divisional Returning Officer shall seal up in separate parcels—
(
a ) all envelopes from which absent voters’ ballot-papers have been taken;(
b ) all unopened envelopes containing absent voters’ ballot-papers;(
c ) all absent voters’ ballot-papers for each election or referendum allowed or admitted as formal; and(
d ) all absent voters’ ballot-papers for each election or referendum disallowed or rejected as informal;
and shall transmit all sealed parcels of ballot-papers relating to the Referendum to the Commonwealth Electoral Officer for the State, and shall preserve the remaining parcels and their contents until authorized by the Commonwealth Electoral Officer for the State to destroy them. The sealed parcels shall only be opened for the purposes of an authorized recount or by direction of the Court of Disputed Returns or the Commonwealth Electoral Officer for the State.
Arrangements in connexion with the Scrutiny.
26. (I.) Forthwith after the receipt of the ballot-box at a counting centre from a Presiding Officer, the Divisional Returning Officer or Assistant Returning Officer shall exhibit it for the inspection of the scrutineers present, and shall record the condition in which the box is received, and shall then, in the presence of the scrutineers present, open the ballot-box and take out and count the ballot-papers (but not inspect the votes), and record the total number of the ballot-papers taken therefrom, and thus check the statement of the Presiding Officer.
(II.) If the total number of ballot-papers taken from a ballot-box is not less than one hundred, the votes may immediately be inspected and counted.
(III.) If the total number of ballot-papers taken from a ballot-box is less than one hundred, they shall be placed in a ballot-box, called a reserve ballot-box, which has been previously exhibited to the scrutineers, and the counting of the votes in it shall be reserved.
(IV.) The ballot-papers in the reserve ballot-box may be taken out and counted when all the ballot-papers taken from any two or more ballot-boxes and placed in the reserve ballot-box exceed one hundred, but in cases where no more ballot-boxes are to be received at the counting centre, the ballot-papers may be taken out and counted, notwithstanding that there are less than one hundred ballot-papers in the reserve ballot-box.
Preservation of Ballot-papers, Lists of Voters, and “Q” Forms.
27. All ballot-papers, Lists of Voters, and “Q” forms used at an election or Referendum shall, after the scrutiny is completed, be sealed up by the officer who conducted the scrutiny. Assistant Returning Officers shall transmit all the ballot-papers and other documents referred to above sealed up by them to the Returning Officer for the Division, who, subject to the provisions of Regulation 34, shall be responsible for the safe custody of these documents until the authority of the Commonwealth Electoral Officer for the State has been obtained for their destruction.
Recount of Ballot-papers.
28. (I.) Before proceeding to recount any ballot-papers, the Divisional Returning Officer shall send to each candidate notice of the time and place when the recount will be made.
(II.) The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of the scrutineers, or (if no scrutineers are present) in the presence of a witness, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.
(III.) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any indorsements on the parcel, and every care shall be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.
(IV.) After a parcel has been opened and the votes therein counted, the ballot-papers shall be placed in their original cover, which shall be re-sealed, re-fastened, and then placed in a new cover, which shall be sealed and fastened, and an indorsement shall be made thereon of the fact and date of the recount and shall be signed by the Divisional Returning Officer.
Electoral Expenses.
29. The fee to be paid for an inspection of the Return and the receipted bills of particulars of a candidate’s electoral expenses shall be 2s. 6d.
PART III.—REFERENDUM REGULATIONS.
Form of Postal Ballot-paper.
30. The postal ballot-paper for a Referendum shall be in accordance with the following form:—
[
Commonwealth of Australia.
State
of [
The
Submission
to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [
POSTAL BALLOT-PAPER.
YES.
NO.
Note.—The elector must not mark his vote on this ballot-paper until he has first exhibited it in blank to an authorized witness in accordance with the directions indorsed hereon.
[
POSTAL BALLOT-PAPER.
Fasten here.*
Fasten here.*
Submission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [
here set out the title of the proposed law ].
State of—
Commonwealth of Australia.
(
(
If he APPROVES of the proposed law he should make a cross in the square opposite the word “YES.”
If he DOES NOT APPROVE of the proposed law he should make a cross in the square opposite the word “NO.”
(
(
(
(
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 (
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;(
c ) refrain from disclosing any knowledge of the vote of any elector voting by post before him; and(
d ) forthwith post each envelope containing a postal ballot-paper taken charge of by him for posting.Penalty: One hundred pounds or Three months’ imprisonment.
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 (c ) of the Directions to Elector (above) 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 Three months’ imprisonment.
[Fold in.]
Manner of Marking Postal Votes.
30a. The manner in which an elector voting by post shall mark his vote in a Referendum is as follows:—
If he approves of the proposed law, by making a cross in the square opposite the word “Yes,”
If he does not approve of the proposed law, by making a cross in the square opposite the word “No,”
Form of Absent Voter’s Ballot-paper.
31. The ballot-paper to be used in
connexion with the Regulations under section 139
(2) of the
Official Mark.
31a. The official mark for the authentication of referendum ballot-papers shall be the official mark prescribed for electoral ballot-papers.
Referendum in Divisions where no Electoral Poll is Taken.
32. Where the day fixed for the taking of the votes of the electors for the purposes of a referendum is the same as that fixed for the polling at a Senate election or a general election for the House of Representatives, but in any Division no poll is taken for the purposes of the election, then for the purposes of the referendum—
(
a ) the forms in these Regulations may be modified so far as is necessary to enable them to apply as regards that Division to the referendum only, and(
b ) any forms under these Regulations may as regards that Division be deemed to refer to the referendum only.
Custody of certain Papers.
33. Where any application, certificate, declaration, or form has effect in relation to a referendum and also in relation to an election, it may be retained in the custody of the officer in whose custody it would have been retained had it related solely to the election.
Custody of Ballot-papers.
34. All ballot-papers used for voting at a referendum shall be preserved in the custody of the Commonwealth Electoral Officer for the State in which they were counted until the Commonwealth Electoral Officer is authorized to destroy them.
Destruction of Ballot-papers.
35. (I.) When a referendum can be no longer questioned, the Chief Electoral Officer for the Commonwealth may, by writing, authorize the destruction of the ballot-papers used for voting at the referendum.
(II.) The Commonwealth Electoral Officer for the State shall, on receipt of the authority for the destruction of the ballot-papers, destroy them in the presence of a witness, and shall, in writing, inform the Chief Electoral Officer of their destruction.
INDEX.
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Application of Regulations............................................................................................................. |
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Part I.—Electoral Regulations— | ||
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Part II.—Electoral and Referendum Regulations— | ||
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Part III.—Referendum Regulations— | ||
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Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
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