Commonwealth Electoral (War-time) Regulations (Amendment) (Cth)
STATUTORY RULES.
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
Dated this thirty-first day of October, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
P. McM. GLYNN,
Minister of State for Home and Territories.
————
Amendment of Commonwealth Electoral (War-time) Regulations.
(Statutory Rules 1917, No. 74, as amended by Statutory Rules 1917, No. 86.)
1. Regulations 2, 3, 4, 5, 6, 7, 8, 9, and 10, of the Commonwealth Electoral (War-time) Regulations are repealed and the following regulations inserted in their stead:—
“2. (1) In these Regulations, unless the contrary intention appears—
‘District Commandant’ means the Naval or Military District Commandant to whom an application is made under these Regulations;
‘Returned Member of the Forces’ means a member of the Forces within the meaning of the
Commonwealth Electoral (War-time )Act 1917-1919, who has returned from service outside Australia, and for the purposes of the issue of a certificate by a District Commandant includes a member who is known to have embarked on his return to Australia.“(2) In these Regulations any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.
“3. A returned member of the Forces who is eligible to be enrolled as an elector of the Commonwealth but is not so enrolled may apply, in accordance with Form No. 1, to the District Commandant of the District in which the place of residence of the applicant as shown in the Nominal Roll kept by the Department of Defence or the Department of the Navy as the case may be, is situate, for a certificate to enable the member to vote at the Senate election, general election for the House of Representatives held next after the commencement of these Regulations and at any Referendum under the provisions of the Referendum (Constitution Alteration) Act 1906-1919 held on the same day.
“4. (1) Upon receipt of an application in accordance with Form No. 1, the District Commandant or an officer thereto authorized by him shall, if he is satisfied that the particulars set forth in the application are correct, issue a certificate in accordance with Form 2, and forthwith forward it together with the application to the Commonwealth Electoral Officer for the State in respect of which the applicant is entitled to vote.
“(2) Upon receipt of the certificate and application the Commonwealth Electoral Officer shall indorse on the certificate the name of the Division and the State in respect of which the applicant is entitled to vote and shall thereupon transmit the certificate to him and forward the application to the Divisional Returning Officer for the Division in respect of which the applicant is entitled to vote.
“(3) A certificate issued in pursuance of this regulation may be printed on the back of an envelope.
“5. A returned member of the Forces shall, upon production of a certificate in accordance with Form 2, to the Presiding Officer at a polling place in the State in respect of which the member is entitled to vote, and upon making a declaration in accordance with Form 3, be entitled to vote, in accordance with the directions set forth at the foot of that Form, as an absent voter at that polling place.
“6. Where a returned member of the Forces states in his application either that—
(
a )he will not throughout the hours of polling on polling day be within the State for which he is entitled to be enrolled;(
b )he will not throughout the hours of polling on polling day be within ten miles, by the nearest practicable route, of any polling booth open in the State for which he is entitled to be enrolled for the purposes of an election;(
c ) he will throughout the hours of polling on polling day be travelling under conditions which will preclude him from voting at any polling booth in the State for which he is entitled to be enrolled; or(
d )he is seriously ill or infirm and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote,
he
may, subject to these Regulations, be supplied with a postal vote certificate
and postal ballot-paper in accordance with the forms prescribed by the
“7. (1) Where an applicant is desirous of voting by post and is entitled so to vote, the District Commandant or an officer thereto authorized by him shall issue a certificate in accordance with Form No. 2 printed on the application form and shall forthwith forward it to the Commonwealth Electoral Officer for the State in respect of which the applicant is entitled to vote.
“(2) Upon receipt of the application and certificate the Commonwealth Electoral Officer shall indorse the certificate in the manner provided by regulation 4 of these Regulations and shall thereupon refer the application and certificate—
(
a )to the Divisional Returning Officer for the Division for which the applicant is entitled to be enrolled; or(
b ) if there is not sufficient time to refer them to that Divisional Returning Officer so as to enable the applicant to vote at the elections and referendum, to some other Divisional Returning Officer.
“8. Upon the receipt by a Divisional Returning Officer of a certificate issued and indorsed in pursuance of the last preceding regulation, he shall forthwith issue to the applicant a postal vote certificate and the necessary postal ballot-paper (or ballot-papers) to enable the applicant to vote in respect of the Division and State specified in the indorsement by the Commonwealth Electoral Officer.
“9. (1) A Divisional Returning Officer who issues a postal vote certificate shall mark it in such a manner as to indicate that the voter is a member of the Forces who is not enrolled.
“(2) All applications and certificates referred to a Divisional Returning Officer in pursuance of regulation 7of these Regulations shall, if they relate to the Division for which he is Divisional Returning Officer, be kept by him, or if they relate to another Division, shall, after being indorsed by him with the date of the issue of the postal vote certificate and postal ballot-paper (or ballot-papers) forthwith be sent by him to the Divisional Returning Officer for that Division.
“10. (1) At the scrutiny the Divisional Returning Officer shall produce all applications for certificates and produce unopened all envelopes containing postal votes and absent votes received by him in pursuance of these Regulations, and shall—
(
a )compare the signature of the voter on each postal vote certificate or declaration, as the case may be, with the signature of the same voter on his application and allow the scrutineers to inspect both signatures;(
b )if satisfied that the signature on the certificate or the declaration, as the case may be, is that of the person who signed the application for the certificate and that the signature purports to be witnessed by an authorized witness or the proper officer, as the case requires, accept the ballot-paper for further scrutiny, but if not so satisfied, disallow the ballot-paper without opening the envelope in which it is contained:Provided that where the voter has voted under the provisions of regulation 10b and no application has been made for a certificate, and the declaration is in order, and properly attested, the provisions of this regulation relating to the comparison and identification of signatures shall not apply.
(
c ) proceed with the further scrutiny as nearly as practicable in the same manner as is provided for in theCommonwealth Electoral Act 1918-1919 and the regulations thereunder relating to the scrutiny of absent voters’ ballot-papers and postal ballot-papers.
“(2) A separate record of the names of members of the Forces who vote by post shall be made by the Divisional Returning Officer conducting the scrutiny.
“10a.
Subject to these Regulations, the provisions of the
“10b. (1) Notwithstanding anything contained in these Regulations, a member of the Forces who is eligible to be enrolled as an elector of the Commonwealth but is not so enrolled and who returns to Australia after the receipt of the nominations and before the close of the poll may vote as an absent voter before the Commonwealth Electoral Officer or a person thereto authorized in writing by him, at the first, or any subsequent, port of call (being a capital city of a State or the port of such capital city) in Australia, without first applying for a certificate in accordance with Form 2: Provided that—
(
a )a certificate in accordance with Form 2 signed by a District Commandant, and indorsed by the Commonwealth Electoral Officer, for the State in respect of which the member is entitled to vote, is in the possession of the Commonwealth Electoral Officer at the port of call; and(
b )that the declaration in accordance with Form 3 has been made by the member before that Commonwealth Electoral Officer or an officer thereto authorized by him in writing:
“(2) For the purposes of the declaration to be made by a member of the Forces who claims to vote in pursuance of this regulation, the Commonwealth Electoral Officer or authorized person shall be deemed to be a Presiding Officer, and the capital city or port shall be deemed to be a polling place at which the voter is entitled to vote.
“(3) The Commonwealth Electoral Officer shall transmit, in fastened and sealed parcels, the envelopes bearing the declarations and containing the ballot-papers of persons voting in pursuance of this regulation to the respective Divisional Returning Officers to whom the envelopes are addressed and immediately advise each Divisional Returning Officer of the total number of envelopes so forwarded to him.
“10c. Where a member of the Forces enrolled as an elector of the Commonwealth, returns to Australia after the time fixed for nominations and before the close of the poll, and applies to vote by post at the first or any subsequent port of call (being the capital city of a State or the port of such capital city) in Australia, and there is not time for his postal vote certificate and postal ballot-paper (or ballot-papers) to reach the Divisional Returning Officer
for the Division for which he is entitled to vote, before the close of the poll, he may, in lieu of posting the envelope containing his postal ballot-paper (or ballot-papers) to that Divisional Returning Officer, deliver it to the Commonwealth Electoral Officer, for the State in which he votes, for transmission to the Divisional Returning Officer, and in that case the envelope containing the postal ballot-paper (or ballot-papers), if so delivered before the close of the poll, shall be deemed to have been received by the Divisional Returning Officer for the purposes of the scrutiny although it may reach him after the close of the poll.”
2. Regulations 11, 12 and, 13 of
the Commonwealth Electoral (War-time) Regulations are amended by omitting the
words “the
3. Regulations 15, 16, 17, 18, 19, 20, 21 and 22 of the Commonwealth Electoral (War-time) Regulations are repealed.
4 The Commonwealth Electoral War-time Regulations are amended by adding thereto the following Schedule:—
THE SCHEDULE.
Form No. 1.
Form of Application by a returned Member of the Forces* who is eligible to be enrolled as an elector of the Commonwealth but is not so enrolled, for a certificate to enable him to vote at the Election on Saturday, the day of 19 , to be made to the Commandant of the Military or Naval District in which the applicant’s 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), is situated.
COMMONWEALTH OF AUSTRALIA.
To the (
1. I,(
do hereby declare—
(
a ) that I am or have been a Member of the Forces* who has returned from serving outside Australia;(
b ) that I am eligible to be enrolled as an elector of the Commonwealth, but am not so enrolled.
2. I hereby apply for a certificate under the provisions of the Act to enable me to vote at the election to be held on Saturday, the day of 19 .
( “Election” in this application means a Senate Election or a House of Representatives Election or any Referendum (held under the provisions of the Referendum (Constitution Alteration) Act), or all of them, as the case requires.)
3. My name and particulars relating to my service are as follow:—
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). |
4. I request that the certificate to enable me to vote be forwarded to me at the following address, namely:—
Witness to signature Address
(Being an elector or person qualified to be an elector.)
Address
Signature of Applicant
Occupation Date / / 19
* “Member of the Forces” in this application means a person who is or has been a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia or on a ship of war, and a person engaged as a munition or other worker under agreement with the Commonwealth Government for service outside Australia, and includes a person who is or has been a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia.
A Member of the Forces (for definition see other side) who has returned from serving outside Australia and who is eligible to be enrolled as an elector of the Commonwealth but is not so enrolled, may claim to vote by post if he—
(
a )will not, throughout the hours of polling on polling day, be within the State for which he is entitled to be enrolled; or(
b ) will not, throughout the hours of polling on polling day, be within 10 miles by the nearest practicable route of any polling booth open in the State for which he is entitled to be enrolled, for the purposes of an election; or(
c ) will, throughout the hours of polling on polling day, be travelling under conditions which will preclude him from voting at any polling booth in the State for which he is entitled to be enrolled; or(
d )is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote.
If he desires, and is entitled, to vote by post he must (in addition to completing the application in the form on the other side hereof) make the following declaration:—
I, the within-named applicant, claim that I am entitled to vote by post and hereby declare that I am a person to whom sub-paragraph* of the above paragraph is applicable.
Signed by the applicant (in his own handwriting) in my presence— | |
| Signature of Voter (in his own handwriting) |
Address |
|
All Commonwealth Divisional Returning Officers, Assistant Returning Officers, and Officers of the Public Service of the Commonwealth permanently employed in the office of any Commonwealth Electoral Officer of a State or Divisional Returning Officer; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or postal officials 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 Service of the Commonwealth or of a State; all Superintendents of Mercantile Marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State; all Naval Commissioned Officers employed by the Commonwealth while serving on a Ship of War.
No person who is a candidate at any election stall be an authorized witness at that election.
Obligations of Authorized Witnesses.
The Authorized Witness shall not witness the signature of the applicant to the foregoing declaration unless—
(
a ) he has satisfied himself as to the identity of the applicant;(
b ) he has seen the applicant sign the declaration in his (the applicant’s) own handwriting; and(
c ) he knows, or has satisfied himself by inquiry from the applicant or otherwise, that the statements contained in the declaration are true.
The Authorized Witness shall not persuade or induce, or associate himself with any person in persuading or inducing, any person to sign the foregoing declaration.
Penalty: Fifty pounds, or imprisonment for one month.
——
For Official Use only.
The following certificates are to be filled in on this form only when the applicant claims to be entitled to vote by post.
Form No. 2.
I hereby certify that(
(
is a Member of the Forces (as defined on the other side of this form) who has returned from serving outside Australia, and I furnish hereunder the following particulars regarding his 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). |
(* If no address of the member of the Forces is given in the Nominal Roll, insert the address of his next of kin as shown therein, and add the words “next of kin” in parentheses.)
Dated this day of 19 .
Signature
Military or Naval District,
or Officer authorized by him.
I certify that the returned Member of the Forces to whom this certificate relates is entitled to vote as an elector of the Division of in the State
of at the election to be held on
the day of 19 .
Commonwealth Electoral Officer for the State of
/ / 19
The Divisional Returning Officer for the Division of |
|
Referred for issue of a postal vote certificate and the necessary postal ballot-paper, or postal ballot-papers, as the case requires, in respect of the Division of and the State of |
/ / 19 | |
|
|
COMMONWEALTH OF AUSTRALIA.
I HEREBY CERTIFY that (
a )............................................................................................................................................................... is a member
(
of the Forces* who has returned from serving outside Australia, and I furnish hereunder the following particulars regarding his enrolment as a Member of the Forces:—
Regtl. or Naval Number. | Name (in full). | Rank or Designation. | Unit. | If Discharged, Place and Date of Discharge. |
|
................ | ................................................................... | ...................... | ..................... | ......................... | .............................................................. |
(
Dated this................................................. day of................................................... 19
Signature
Commandant
of the Military
I CERTIFY that the returned Member of the Forces to whom this certificate relates is entitled to vote as an elector of the Division of ...................................................in the State of.....................................................at the Election ‡ to be held on the..............................day of..............................................19
............................................... ..........Commonwealth Electoral Officer for the State of................................................................/............./ 19
FORM OF DECLARATION. FORM 3.
I DECLARE—(1) that I am or have been a member of the Forces* who has returned from serving outside Australia; (2) that I am eligible to be enrolled as an elector of the Commonwealth, but am not so enrolled; (3) that I am the person referred to in the above certificate.
I FURTHER DECLARE that I have not previously voted at the Election ‡ to which this declaration relates, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote thereat. I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at the Election.
Personal Signature of Voter...................................................................................................................
Signed before me the.........................day of............................................19
at the...............Polling Place................................................
Presiding Officer.
* “Member of the Forces” in this certificate and declaration means a person who is or has been a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia or on a ship of war, and a person engaged as a munition or other worker under agreement with the Commonwealth Government for service outside Australia, and includes a person who is or has been a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia.
‡ “Election” in this Certificate and 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.
(1) The form of declaration printed on this envelope must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.
(2) The Presiding Officer shall then, if he is satisfied as to the identity of the voter, initial and hand to the voter—
(
a ) One ballot-paper (headed “Absent Vote”) for the Senate Election for the beforementioned State;(
b ) One ballot-paper (headed “Absent Vote”) for the House of Representatives Election for the beforementioned Division; and(
c ) One ballot-paper (headed “Absent Vote”) for each Referendum for the beforementioned State,to which the declaration relates.
(3) The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote on each ballot-paper handed to him, in the manner directed thereon: (ii) fold each ballot-paper separately in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper or ballot-papers (as the case requires) so folded to the Presiding Officer before whom he made his declaration.
(4) The Presiding Officer will see that he receives from the voter each ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper or ballot-papers, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper or ballot-papers received from that voter in the envelope bearing the declaration of the voter, and addressed to the Divisional Returning Officer for the Division for which the voter is entitled to vote, securely fasten the envelope, and deposit it in the ballot-box.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
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