Commonwealth Electoral (War-time) Act 1919 (Cth)

 

COMMONWEALTH ELECTORAL (WAR-TIME).

No. 29 of 1919.

An Act relating to the method of voting by Members of the Forces at Elections and Referendums, and for other purposes.

[Assented to 28th October, 1919.]

BE it enacted by the King’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Electoral (War-time) Act 1919.

(2.) The Commonwealth Electoral (War-time) Act 1917 is in this Act referred to as the Principal Act.

 

(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Electoral (War-time) Act 1917-1919.

Application of Act.

2.Section two of the Principal Act is amended by adding at the end thereof the words “and to referendums held during that period under the Referendum (Constitution Alteration) Act 1906-1919”.

Amendment of section 3.

3.Section three of the Principal Act is amended by omitting the words “Commonwealth Electoral Act 1902-1911” and inserting in their stead the words “Commonwealth Electoral Act 1918-1919”.

Definitions and citation.

4.Section five of the Principal Act is amended by adding at the end of the definition of “An Election” the words “, and includes a referendum held under the Referendum (Constitution Alteration) Act 1906-1919”.

Repeal of Part II. Commonwealth Electoral (Wartime) Act 1917.

5.Part II. of the Principal Act is repealed and the following Part inserted in its stead:—

“Part II.—Voting by Members of the Forces.

Voting by members of the Forces.

“6.—(1.) A member of the Forces who is not enrolled as an elector of the Commonwealth but who is eligible to be enrolled shall, subject to this Act and the regulations, be entitled, upon his return from service outside Australia, to vote at the election or referendum as an elector of the Division and State in which his place of residence is situate.

“(2.) For the purposes of this section, the place of residence of a member of the Forces shall be ascertained from the Nominal Roll kept by the Department of Defence or the Department of the Navy, as the case may be.

“(3.) If the place of residence of a member of the Forces is not shown on the Nominal Roll the member shall, subject to this Act and the regulations, be entitled to vote as an elector of the Division and State in which his next of kin resides.”.

Questions to be put to persons claiming to vote.

6.Section eleven of the Principal Act is amended by omitting the words “Section one hundred and forty-one of the Commonwealth Electoral Act 1902-1911” and inserting in their stead the words “Section one hundred and fifteen of the Commonwealth Electoral Act 1918-1919”.

Repeal of sections 15 and 16.

7.Sections fifteen and sixteen of the Principal Act are hereby repealed.

Regulations.

8.Section seventeen of the Principal Act is amended—

(a)by omitting from paragraph (c) thereof the words “, in the presence of an equal number of scrutineers nominated by the Prime Minister and the Leader of the Opposition respectively, or of persons authorized by them respectively,”; and

 

(b)by adding at the end thereof the following sub-section:—

“(2.) Notwithstanding anything contained in the Commonwealth Electoral Act 1918-1919, the regulations may provide that any envelope—

(a) which is received by a Commonwealth Electoral Officer before the close of the poll; and

(b)which contains a postal vote cast by a member of the Forces, who—

(i) returns to Australia after the issue of the writ and before the close of the poll; and

(ii) is enrolled as an elector of the Commonwealth,

shall be deemed to have been received before the close of the poll, by the Divisional Returning Officer for the Division for which the member claims to be enrolled.”

Repeal of Schedule.

9.