Commonwealth Electoral (War-time) Regulations (Amendment) (Cth)

STATUTORY RULES.

1919. No. 287.

———

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL (WAR-TIME ACT 1917-1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral (War-time)Act 1917-1919, to come into operation forthwith.

Dated this eleventh day of December, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. A. WATT,

for Minister of State for Home and Territories.

 

Amendment of the Commonwealth Electoral (War-time) Regulations.

(Statutory Rules 1917, No. 74, as amended by Statutory Rules 1917, No. 86, and 1919, Nos. 259 and 285.)

1. After regulation 10c of the Commonwealth Electoral (War-time) Regulations the following regulation is inserted:—

Voting by members of the Forces who have not obtained certificate.

“10d. (1) Notwithstanding anything contained in these Regulations a member of the Forces who—

(a) is eligible to be enrolled as an elector of the Commonwealth but is not so enrolled; and

(b) has not obtained a certificate in accordance with Form 2 signed by a District Commandant and indorsed by a Commonwealth Electoral Officer,

may, subject to the regulations, vote as an absent voter on polling day at any polling place in the State in which is situate his place of residence as shown in the Nominal Roll kept by the Department of Defence or the Department of the Navy, as the case may be:

Provided that a declaration in accordance with or substantially to the effect of Form 4 is made by him before a Presiding Officer.

“(2) The declaration specified in Form 4 may be printed or written, or partly printed and partly written, upon, or securely affixed to, an envelope printed for the use of an absent voter.

“(3) The envelope bearing the declaration and containing the ballot-paper of any member of the Forces who has voted in pursuance of this regulation, shall be transmitted by the Assistant Returning Officer to the Divisional Returning Officer for the Division for which the voter claims to vote, and by him transmitted to the Commonwealth Electoral Officer for the State in respect of which the voter claims to vote.

“(4) The Commonwealth Electoral Officer shall transmit to the District Commandant each envelope received by him with the declaration of the voter attested by a Presiding Officer.

 

“(5) If the District Commandant is satisfied that the declarant is a member of the Forces who has returned from serving outside Australia, he shall verify or correct in writing (as the case requires) the particulars given in the voter’s declaration as the particulars, relating to himself, contained in the military or naval Nominal Roll, as the case may be, or cause them to be so verified or corrected by an officer authorized by him, and shall thereupon indorse the declaration, or cause it to be indorsed, accordingly, and shall forthwith return it to the Commonwealth Electoral Officer.

“(6) Upon the receipt of a declaration and envelope bearing the indorsement of the Commandant, or officer authorized by him, the Commonwealth Electoral Officer shall, if he is satisfied that the voter—

(a) is not enrolled as an elector but is entitled under this regulation to vote for the Division for which he has claimed to vote; or

(b) is enrolled as an elector for the Division for which he has claimed to vote,

indorse the envelope accordingly, and shall thereupon transmit the envelope and declaration to the Divisional Returning Officer for that Division, but if he is not so satisfied he shall disallow the vote without opening the envelope, and retain the envelope in his possession.

“(7) At the scrutiny the Divisional Returning Officer shall produce each envelope containing ballot-papers received by him in pursuance of this Regulation, and shall, unless he is satisfied that the voter is not entitled to vote under this regulation for the Division for which he has claimed to vote, open the envelope and proceed with the further scrutiny as nearly as practicable in the same manner as is provided for in the Commonwealth Electoral Act 1918-1919 and the regulations thereunder relating to the scrutiny of absent voters’ ballot-papers.”

2. The Schedule to the Commonwealth Electoral (War-time) Regulations is amended by adding at the end thereof the following form:—

“Form 4.

COMMONWEALTH OF AUSTRALIA.

I declare that I am or have been a member of the Forces who has returned from serving outside Australia, and that I am eligible to be enrolled as an elector of the Commonwealth but am not so enrolled, and that the following are the particulars of my enrolment as a member of the Forces: —

“Regimental or Naval Number Name (in full). Rank or Designation. Unit. If Discharged (Place and Date of Discharge). Address as shown in Nominal Roll kept by the Department of Defence or the Department of the Navy (as the case may be).

 

I claim that I am entitled to vote in respect of the Division of.......................................... in the State of and I declare that I have not voted at this or any other polling place, or by post, in connexion with 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 again vote in connexion with this Election.

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

Note.—‘Election’ in this Declaration means a Senate Election, or a House of Representatives Election, or any Referendum held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being, or all of them, as the case requires.

Personal Signature of Voter......................................................................

Signed before me the................................. day of....................................... 19.................. at polling place.

.......................................................... Presiding Officer.”

 

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