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 ADMINISTRATOR 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 twelfth day of January, One thousand nine hundred and ten.
CHELMSFORD,
Administrator.
By His Excellency’s Command,
GEORGE W. FULLER,
Minister of State for Home Affairs.
PART I.—ELECTORAL REGULATIONS.
Definition.
Application of Regulations.
(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Repealed Forms “B,” “C,” and “D,” in the Schedule to the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).
Change of Electors from one Roll to Another.
(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.
Commonwealth of Australia.
State of [
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.
| 2 | 0 |
| 0 | 6 |
| 0 | 6 |
| 0 | 3 |
Rolls to be open to Public Inspection.
Notice to person whose name has been omitted from a Subdivision Roll on the preparation of new Rolls.
Acknowledgment of Claims, etc.
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 ofRejection 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 .
a 2
Notification ofTransfer to another Electoral Division.
Commonwealth of Australia.
The
State of
Notification of Transeer 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 .
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Application to Change prom one Subdivision to another within the same Electoral Division.
Commonwealth of Australia.
The
State of
Division of
Application to Change from one Subdivision to another Subdivision within the same Electoral Division.
To the Electoral Registrar for the Subdivision.
I hereby apply to have my name changed from the Electoral Roll for the Subdivision to the Electoral Roll for the Subdivision within the same Electoral Division.
Surname—
Christian names at full length—
Present place of living—
Occupation—
Sex—
Usual Signature—
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—
Any person who witnesses the signature of the applicant 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.
N.B.—An elector may only have his name placed upon a Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision may be inspected at any post-office, and electoral forms for public use may be obtained at any post-office.
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Notification of Change from one Subdivision to another Subdivision within the same Electoral Division.
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 .
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Application for Alteration or Correction.
Commonwealth of Australia.
The
State of—
Division of—
Subdivision of—
Application for Alteration or 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.
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Notice to Person Objected to.
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.
(
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.
Notice of Determination of Objection.
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.
(
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.
of
Dated the day of 19 .
Electoral Appeals.
(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.
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 Application for a Postal Vote Certificate and Postal Ballot-Paper.
Form K.
——
Commonwealth of Australia.
The
Application for Postal Vote Certificate and Postal Ballot-Paper.
State of—
To the Divisional Returning
Officer, Electoral Division of [
I, [
I am an elector enrolled on the
Electoral Roll for the [
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 [
here insert the reason for belief ]. (
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, together with a Postal Ballot-paper for the Senate Election and a Postal Ballot-paper for the House of Representatives Election (or either, as the case requires), may be forwarded to me, addressed as follows:—
[
Signed by the Elector (in his own handwriting) in my presence— (Signature of Authorized Witness)—
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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 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 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 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 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.
Note.—(i.)An application for
a postal vote certificate and postal ballot-paper for the purposes of an
election for the Senate or a general election for the House of Representatives
is deemed to include an application for a postal ballot-paper for any
referendum under the provisions of the
(ii.) This application must be made and sent after the issue of the writ for the election to which it relates, and before the polling-day for the election.
Form of Postal Vote Certificate.
Commonwealth of Australia. No.
The
State of— Division of—
Postal Vote Certificate.
I hereby certify that of is
entitled to vote at the Election for the Senate in the above-mentioned State,
and at the Election for the House of Representatives for the above-named
Division (or either, as the case requires), to be held on [
Divisional Returning Officer.
Dated the day of 19 .
Note.—This certificate
entitles the elector to vote at any referendum under the provisions of the
(Signature of Authorized Witness)—
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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 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 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.
Form of Postal Ballot-paper for a Senate Election.
[
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.
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*Fasten Here
Commonwealth of Australia.
State of—
The
Commonwealth Electoral Act 1902–1909Election of Senators.
POSTAL BALLOT-PAPER.
[
*Fasten Here
Sec. 110 (2).
(
(
(
(
(
(
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.)
Form of Postal Ballot-paper for a House of Representatives Election.
[
Commonwealth of Australia.
State of [
here insert name of State ]The
Commonwealth Electoral Act 1902–1909.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.
.......................................................................................................................................................................................................
*Fasten here
Commonwealth of Australia.
State of—
The
Electoral Division of—
Election of ONE Member of the House of Representatives.
POSTAL BALLOT PAPER.
[
*Fasten here
See. 110 (2).
(
(
(
(
(
(
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.
(
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.
Ballot-box for Postal Votes.
Undertaking to be made by Officers and Scrutineers.
I (
here insert name, address, and occupation )do hereby promise and undertake that I will faithfully perform the duties of (here insert name of office held by the person signing undertaking )to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any elector, or, except by recording my vote as allowed by law, the result of any election, and that I will not disclose any knowledge officially acquired by me touching the vote of any elector, except in reply to a question which I am legally bound to answer.Signature—
Dated the day of 19 .
Witness to signature—
(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.
Prescribed Polling Places for a Subdivision.
Same Polling Booth may be used for two Elections.
Ballot-boxes.
Circle for Presiding Officer’s Initials.
Alteration of Form q.
Form Q
. Sec. 139 (1) (b ).
Commonwealth of Australia.
State of
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 for the Senate or for the House of Representatives 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 either of these elections.
Signature of Elector—
Declared before me this day of 19 at Polling Place.
Presiding Officer—
Note.—By section 15a of the
*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.
(
a )The elector must state his name, his place of living and occupation, and the Division and Subdivision for which he is enrolled.(
b )The 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 Act which is applicable to the case.
*Note.—By
section 4 (4) (
(
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 in accordance with the following form:—
Commonwealth of Australia.
State of—
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 A DIVISIONAL RETURNING OFFICER OR 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 for the Senate or for the House of Representatives 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 either of these elections.
Signature of Elector—
Declared before me the day of 19 . at Polling Place.
Returning Officer.
Note.—By
section 15A of the
(
d )The form of declaration may be printed on an envelope addressed to the Returning Officer for the Division for which the elector is enrolled, and must after being filled up be signed by the elector in his own handwriting in the presence of the Returning Officer and completed and attested by the Returning Officer.(
e ) After the declaration has been made, the Returning Officer shall hand to the elector a ballot-paper for the Senate Election or a ballot-paper for the House of Representatives Election, or one ballot-paper for each election, as the case requires, together with a ballot-paper for each referendum held on the same day. Each ballot-paper shall be initialed on the back by the Returning Officer.
Note.—When an election
for the Senate is held on the same day as an election for the House of
Representatives, and when any referendum under the provisions of the
(
f ) The names of the candidates shall be placed on absent voters’ ballot-papers in the case of elections for the Senate and for the House of Representatives in the same manner as on ordinary ballot-papers, except that the names may be either printed or written.(
g )The elector, after receiving the ballot-paper, shall without delay retire alone into an unoccupied compartment of the polling booth, and there in private mark his vote on the ballot-paper in the manner indicated thereon, and shall then fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper so fastened to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.(
h )The Returning Officer shall then in the presence of the elector forthwith enclose the ballot paper in the envelope bearing the declaration of the elector and securely fasten the envelope.
(II.) A Divisional Returning Officer, or 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 Returning Officer, and may initial ballot-papers and, when attesting the declarations of electors, sign as 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.
Form of Absent Voter’s Ballot-paper for a Senate Election.
[
Commonwealth of Australia.
State of—
The
Election of Senators.
ABSENT VOTER’S BALLOT-PAPER.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Note—It is the duty of the Returning Officer before issuing this ballot-paper to an elector to see that the names of the whole of the candidates nominated for election to the Senate are printed or written opposite the squares provided on the ballot-paper.
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[
* Fasten Here
Regulation 23.
Commonwealth of Australia.
State of—
The
Election of senators.
absent voter’s ballot-paper
To be used 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 a Divisional Returning Officer or an Assistant Returning Officer.
The elector receiving this ballot-paper shall without delay retire alone into an unoccupied compartment of the polling booth and there in private mark his vote on the ballot-paper; fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.
The Returning Officer shall then in the presence of the elector forthwith enclose the ballot-paper in the envelope bearing the declaration of the elector, and securely fasten the envelope.
(fold in.)
C.2104.
B
Form of Absent Voter’s Ballot-Paper for a House of Representatives Election.
[
Commonwealth of Australia.
State of—
The
Electoral Division of—
Election of ONE Member of the House of Representatives.
ABSENT VOTER’S BALLOT-PAPER.]
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Note.—It is the duty of the Returning Officer, before issuing this ballot-paper to an elector, to see that the names of the whole of the candidates nominated for election to the House of Representatives for the Division for which the Elector claims to vote are printed or written opposite the squares provided on the ballot-paper.
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[
*Fasten Here
Regulation 23a.
The
C
State of—
Electoral Division of—
ELECTION OF ONE MEMBER OF THE HOUSE OF REPRESENTATIVES.
ABSENT VOTER’S BALLOT-PAPER.
To be used by 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 Divisional Returning Officer or an Assistant Returning Officer.
*Fasten Here
The elector receiving this ballot-paper shall without delay retire alone into an unoccupied compartment of the polling booth and there in private mark his vote on the ballot-paper; fold and fasten the ballot-paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper so fastened to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.
The Returning Officer shall then in the presence of the elector forthwith enclose the ballot-paper in the envelope bearing the declaration of the elector, and securely fasten the envelope.
(Fold in.)
Forwarding of Absent Voters’ Ballot-papers.
(II.) Immediately after the close of the poll the Divisional Returning Officer or 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.
(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 is 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 elections for the Senate or House of Representatives it is not authenticated by the initials of the Returning Officer in accordance with these Regulations, or by an official mark as prescribed under the provisions of section 158 (a ) of the Act; or(
b )in elections for the Senate, it has no cross in the square opposite the name of any candidate, or has crosses in squares opposite the names of a greater or less number of candidates than the number required to be elected; or(
c ) in elections for the House of Representatives, it has no cross in a square opposite the name of a candidate, or has crosses in squares opposite the names of more than one candidate; or(
d )in elections for the Senate or House of Representatives it has upon it any mark or writing not authorized by these Regulations to be put upon it which in the opinion of the Returning Officer will enable any person to identify the voter.
Note.—By section 21 of the
(
a )it is not authenticated by the initials of the presiding officer (or, in the case of a postal ballot-paper, of the Returning Officer), or by an official mark as prescribed; or (b ) it has no vote indicated on it; or(
c ) it has more than one vote indicated on it; or(
d )it has upon it some mark or writing not authorized by this Act to be put on it which would, in the opinion of the Divisional Returning Officer or Assistant Returning Officer, enable any person to identify the voter.
(V.) The decision of the Divisional Returning Officer as to the allowance or admission or disallowance or rejection of any absent voter’s ballot-paper for the Senate or House of Representatives under this Regulation may be reviewed subject to the provisions of section 161a and section 164a respectively of the Act, but otherwise shall only be subject to review by the Court of Disputed Returns.
(VI.) 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 preserve the 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.
(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.
Recount of Ballot-papers.
(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.
PART II.—REFERENDUM REGULATIONS.
Form of Postal Ballot-paper.
[
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.
....................................................................................................................................................
[
*Fasten here.
Regulation 30.
Commonwealth of Australia.
State of—
The
Submission to the Electors of a proposed Law for the Alteration of the Constitution, entitled
[
POSTAL BALLOT-PAPER.
*Fasten here.
(
(
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 eleotor 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.]
Form of Absent Voter’s Ballot-paper.
[
Commonwealth of Australia.
State of [
here insert name of State ]— The
Referendum (Constitution Alteration )Act 1906–1909.Submission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [
here set out the title of the proposed law ]:—
The voter should
indicate his vote on this ballot-paper as follows:
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.”
ABSENT VOTER’S BALLOT-PAPER.
YES.
NO.
Note.—The elector should read the instructions on the hack of the ballot-paper before marking his vote.
....................................................................................................................................................
[
*Fasten here.
Regulation 31.
Commonwealth of Australia.
State of—
The
Submission to the Electors of a Proposed Law for the Alteration of the Constitution, entitled [
here set out the title of the proposed law ]—
ABSENT VOTER’S BALLOT-PAPER.
To be used 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 a Divisional Returning Officer or an Assistant Returning Officer.
*Fasten here.
The elector receiving this ballot-paper shall without delay retire alone into an unoccupied compartment of the polling-booth and there in private mark his vote on the ballot-paper; fold and fasten the ballot paper so that the vote cannot be seen without unfastening it, and at once return the ballot-paper to the Returning Officer before whom he made the declaration, and shall again state his name if so required by the Returning Officer.
The Returning Officer shall then, in the presence of the elector, forthwith enclose the ballot-paper in the envelope bearing the declaration of the elector, and securely fasten the envelope.
(Fold in.)
Referendum in Divisions where no Electoral Poll is Taken.
(
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 shall as regards that Division be deemed to refer to the referendum only.
Custody of certain Papers.
Custody of Ballot-papers.
Destruction of Ballot-papers.
Method of Destruction.
Repeal.
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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