Commonwealth Electoral Regulations (Provisional) (Cth)
STATUTORY RULES.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACTS 1902-1905.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that on account of urgency the following Regulations under the Commonwealth Electoral Acts 1902-1905 should come into immediate operation, and make the regulations to come into operation forthwith as Provisional Regulations.
Dated the ninth day of February, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
HUGH MAHON,
Minister of State for Home Affairs.
Definition.
Application of Regulations.
(II) Regulation 15a under the Act (Statutory Rules 1906, No. 78) is repealed.
(III) The regulations under the Act (Statutory Rules 1906, No. 78) shall cease to apply in relation to Divisions which have been divided into Subdivisions and for which Subdivisional Rolls have been prepared, but except as provided in this regulation, these regulations shall not affect the application of these regulations.
Change of Electors from One Roll to Another.
a
(II) Notice of the change shall be sent by post to each elector concerned, and may be in the following form: —
Commonwealth of Australia.
Change of Electors from one Roll to another under the Provisions of Section 26 of the Commonwealth Electoral Acts 1902-1905.
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 [
Roll
of Electors for the Subdivision of [
No., Name in Full, Place of Living, Occupation, and Sex of each Elector.
[
Footnote :—M signifies Male, F signifies Female.
(II.) Nothing in this regulation shall invalidate the use of a Roll in the form prescribed by Statutory Rules 1906, No. 78.
Sale of Electoral Rolls.
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Rolls to be open to Public Inspection.
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 may be in the following form :—
Commonwealth of Australia.
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 Division.
Commonwealth of Australia.
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 Commonwealth Electoral Acts 1902-1905, has been enrolled for this Subdivision of the Division of
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 .
a 2
Application to Change from one Subdivision to Another within the same Electoral Division.
Commonwealth of Australia.
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 from any Postmaster.
Notification of Change from one Subdivision to another Subdivision within the same Electoral Division.
Commonwealth of Australia.
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 Commonwealth Electoral Acts 1902-1905, has been enrolled for this Subdivision.
You are requested to remove such name from the Roll for the Subdivision.
Electoral Registrar for the Subdivision.
Dated the day of 19 .
Application for Alteration or Correction.
Commonwealth of Australia.
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 the 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.
Notice to Person Objected to.
Commonwealth of Australia.
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.
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.
Returning Officer for the Division
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.
Form of Withdrawal of Consent to Nomination.
Commonwealth of Australia.
State of
Division of [
here insert name of Division if for the House of Representatives ].
To the [
I [
[
Dated
at [
Witness—
Ballot-box for Postal Votes.
Undertaking to be Made by Officers and Scrutineers.
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, 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—
(2) 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.
19a.
The polling places for a Subdivision shall be these polling places which are
declared by the Minister by
Same Polling Booth may be used for two Elections.
Ballot-boxes.
Facilities for Enabling an Elector to Vote.
ing day from the Division for which he is enrolled, he may, subject to the following provisions, vote at any 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 :—
(
a )The person claiming to vote 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 person claiming to vote any of the questions prescribed by section 141 of the Act which is applicable to the case.(
c )If the person claiming to vote answers the questions satisfactorily, or if no questions are put to him, an absent voter’s ballot-paper with a counterfoil attached, in the form specified in Regulation 23, and having the names of the candidates thereon in the same manner as on an ordinary ballot-paper except that the names may be either printed or written, shall be handed to him, the ballot-paper having first been initialed on the back by the Returning Officer.
(
d )The person claiming to vote or an officer shall then fill in, in writing, the blank spaces in the declaration on the counterfoil, and the person claiming to vote shall then sign it in his own handwriting, and in the presence of the Returning Officer, declare the truth of the declaration. The Returning Officer shall then fill in and sign the attestation to the declaration.(
e )The person claiming to vote shall receive the ballot-paper and then retire alone into an unoccupied compartment of the Polling Booth, and there in private mark his vote on the ballot-paper in the manner hereafter described, and then fasten the ballot-paper so that the vote cannot be seen without unfastening it or tearing off the margin. He shall then hand the ballot-paper to the Returning Officer, who shall forthwith enclose it in an envelope addressed to the Divisional Returning Officer of the Division for which the voter states he is enrolled.(
f ) The vote may be marked as follows:—(I.) In Elections for the Senate by making a cross in the square opposite the name of each candidate for whom the voter votes. The voter shall vote for the full number of candidates to be elected.
(II.) In Elections for the House of Representatives by making a cross in the square opposite the name of the candidate for whom the voter votes.
Form of Absent Voter’s Ballot-paper.
Commonwealth of Australia.
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.
State of
Election
of [
BALLOT - PAPER.
Candidates.
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Counterfoil.
Commonwealth of Australia.
Declaration.
I declare that I am the person whose name appears as on the Electoral Roll for the Subdivision of the Electoral Division of , and that I have not voted here or at any other Polling Place at this Election, and I promise and declare that, if I am permitted to vote here, I will not vote at this Election at any other Polling Place.
Signature of elector—
Place of living—
Occupation—
Declared before me at Polling Place, the day of 19 .
Divisional Returning Officer, or Assistant Returning Officer.
Commonwealth of Australia.
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.
State of
Electoral Division of
Election of one Member of the House of Representatives.
BALLOT - PAPER.
Candidates.
.............................................................................................................................
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.............................................................................................................................
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Counterfoil.
Commonwealth of Australia.
I declare that I am the person whose name appears as on the Electoral Roll for the Subdivision of the Electoral Division of , and that I have not voted here or at any other Polling Place at this Election, and I promise and declare that, if I am permitted to vote here, I will not vote at this Election at any other Polling Place.
Signature of elector—
Place of living—
Occupation—
Declared before me at Polling Place, the day of 19 .
Divisional Returning Officer or Assistant Returning Officer.
Forwarding of Absent Voters’ Ballot-papers.
close of the poll the Divisional Returning Officer or Assistant Returning Officer shall, by telegraph, or other expeditious manner, advise each Divisional Returning Officer of the number of absent voters’ ballot-papers so forwarded to him.
Scrutiny of Absent Voters’ Ballot-papers.
(2) At the scrutiny the Returning Officer shall open the absent voters’ ballot-papers, and shall allow and count these which are formal, and shall disallow and reject these which are informal.
(3) An absent voter’s ballot-paper shall be deemed informal in the following cases:—
(
a )In any case, if it is not duly initialed by the Presiding Officer—being a Divisional or Assistant Returning Officer.(
b )In elections for the Senate, if 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.(
c ) In elections for the House of Representatives, if 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.(
d )In any case, if it has upon it any mark or writing not authorized by these regulations which, in the opinion of the Returning Officer, will enable any person to identify the voter.
(4) The decision of the Divisional Returning Officer as to the allowance or disallowance of any absent voter’s ballot-paper under this regulation shall be final subject only to reversal by the Court of Disputed Returns.
Arrangements in connexion with the Scrutiny.
(2) 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.
(3) 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 them shall be reserved.
(4) 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.
(2) 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.
(3) 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.
(4) 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.
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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