Commonwealth Electoral (War-time) Regulations (Cth)

STATUTORY RULES.

1940. No. 178.

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL (WAR-TIME) ACT 1940. *

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 1940.

Dated this twenty third day of August, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior.

 

Commonwealth Electoral (War-time) Regulations.

Short title.

1. These Regulations may be cited as the Commonwealth Electoral (War-time) Regulations.

Form of declaration.

2. The form of declaration to be made by a member of the Forces voting outside Australia shall be in accordance with Form 1 in the Schedule to these Regulations

Scrutiny of votes.

3. The scrutiny of votes of members of the Forces voting outside Australia in each area under the control of a Commonwealth Returning Officer shall be as follows:—

(a) the scrutiny for each Division shall be conducted separately, commencing with the Division of Barton and following with the remaining Divisions in the State of New South Wales in alphabetical sequence and then following with the Divisions (in alphabetical sequence in each State) of the States of Victoria, Queensland, South Australia, Western Australia and Tasmania in that order and, lastly, the Northern Territory;

(b) in respect of each Division the scrutiny of which is being conducted, the Commonwealth Returning Officer, with such assistance as he thinks necessary, shall—

(i) place all the envelopes on a table in such a manner that the declarations of the voters are not visible;

(ii) open each envelope, extract the ballot-papers there from and, without inspecting them, deposit them in a ballot-box or other similar receptacle;

 

* Notified in the Commonwealth Gazette on , 1940.

5012.—12/14.8.1940.—Price 3d.

 

(iii) when the ballot-papers from all the envelopes have been so extracted and deposited, parcel the envelopes, seal the parcel and endorse the nature of the contents thereon; and

(iv) remove the ballot-papers from the ballot-box or other similar receptacle and, subject to the rejection of informal ballot-papers, count the ballot-papers to the respective candidates indicated by the first preferences thereon or, in the case of a Referendum, in favour and not in favour of the proposed law; and

(c) after completing the scrutiny in respect of each Division, the Commonwealth Returning Officer shall forthwith make and sign a record of the result of the scrutiny of the ballot-papers relating to each election, which may also be signed by any scrutineer or scrutineers present.

Application by unenrolled members of the Forces in Australia.

4. An application to vote by an unenrolled member of the Forces in Australia shall be made in accordance with Form 2 in the Schedule to these Regulations.

Certificates to unenrolled members of the Forces.

5. Before issuing a certificate to an unenrolled member of the Forces in Australia, the Divisional Returning Officer shall—

(a) delete the words “Postal Vote Certificate” and insert in their stead the words “Certificate enabling Unenrolled Member of the Forces in Australia to Vote”; and

(b) insert after the words “Commonwealth Electoral Act” the words “and Commonwealth Electoral (War-time) Act”.

Ballot-papers for unenrolled members of the Forces.

6. Before issuing a ballot-paper to an unenrolled member of the Forces in Australia, the Divisional Returning Officer shall delete the words “Postal Ballot-paper” and insert in their stead the words “Ballot-paper for Unenrolled Member of the Forces in Australia”.

 

THE SCHEDULE.

 

Reg. 2. Form 1.

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act 1940.

DECLARATION BY MEMBER OF THE FORCES VOTING OUTSIDE AUSTRALIA.

I [here insert Name (in full), Rank or Designation, No. (if any) and unit to which attached] declare—

(1) that I am a member of the Defence Force of the Commonwealth;

(2) that I am not under the age of twenty-one years;

(3) that my ordinary place of residence immediately prior to my appointment or enlistment as a member of the forces (or if appointed or enlisted prior to the 3rd September, 1939, immediately prior to that date) was at [here insert place of residence in full and name of State] in the Commonwealth Electoral Division of ; and

(4) that I have not voted at the election to which this declaration relates and I promise that if I am now permitted to vote, I will not again vote or attempt to vote at that election.

 

I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a vote to which I am not entitled or wilfully to make any false statement in this declaration or to vote more than once at an election.

Personal signature of voter.

Declared before me at  the  day of  ,  19 .

Signature of officer designated to take votes—

Rank and unit—

 

Reg. 4. Form 2.

Commonwealth of Australia

The Commonwealth Electoral (War-time) Act 1940.

APPLICATION BY UNENROLLED MEMBER OF THE FORCES FOR CERTIFICATE AND BALLOT-PAPER.

(This application may be made and sent (or delivered) to any Divisional Returning Officer at any time after the issue of the writ for the election to which it relates but so as to reach that officer before six o’clock in the afternoon of the day immediately preceding polling day.)

To the Divisional Returning Officer for the Electoral Division of

I [here insert name (in full) and add Rank or Designation, No. (if any), and Unit to which attached immediately prior to return from serving outside Australia] hereby apply for a certificate and ballot-paper (or ballot-papers) to enable me to vote at the next forthcoming election, under the provisions of the Commonwealth Electoral (War-time) Act 1940.

Note.—Election in this application means a Senate election, general election for the House of Representatives (including an election for the Northern Territory held at the same time as a general election) or any Referendum, or all of them as the case requires.

I declare—

(1) that I am or have been a member of the Defence Force of the Commonwealth and that I have been on active service outside Australia during the present War;

(2) that I am not under the age of 21 years;

(3) that to the best of my knowledge and belief I am not enrolled as an elector of the Commonwealth on the roll for any electoral Division or on the roll for the Northern Territory;

(4) that my ordinary place of residence immediately prior to my appointment or enlistment as a member of the Forces (or if appointed or enlisted, prior to the 3rd September, 1939, immediately prior to that date) was at in the State of

(5) that I have not voted at the election to which this application relates and I promise that if I am now permitted to vote I will not again vote or attempt to vote at that election.

I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a vote to which I am not entitled or wilfully to make any false statement in this application or to vote more than once at an election.

I request that the certificate and ballot-paper (or ballot-papers) to which I am entitled be forwarded to me at the following address, namely:—

Personal signature of applicant—

Date 19

Signature of witness—

(an elector or a person qualified to be an elector).

Address of witness—

Endorsement by Divisional Returning Officer.

I certify that the above-named applicant is entitled, in pursuance of section 6 of the Commonwealth Electoral (War-time) Act 1940, to vote in respect of the Electoral Division of and that I have this day issued to the applicant Unenrolled Member of the Forces Certificate No. and the requisite ballot-paper (or ballot-papers) in respect of that Division.

Divisional Returning Officer for the Electoral Division of

Date— 19 .

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.