Commonwealth Electoral (War-time) Regulations (Cth)

STATUTORY RULES.

1917. No. 74.

______

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

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, to come into operation forthwith.

Dated this twenty-third day of March, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

P. McM. GLYNN.

_________

Commonwealth Electoral (War-time) Regulations.

Short title.

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

Definitions.

2. In these Regulations, unless the contrary intention appears—

“An Election” means an Election for the Senate or a General Election for the House of Representatives.

“Authorized witness” means—

(a) any Regimental Officer serving with the Australian Expeditionary Forces;

(b)any Medical Officer of the Australian Army Medical Service in charge or sub-charge of a Hospital;

(c) any Naval Commissioned Officer;

(d)any other Military Commissioned Officer and any person in the service of the Commonwealth and any Military or Medical Commissioned Officer of the Imperial Army, who is appointed an authorized witness by the Commonwealth Returning Officer;

“Commonwealth Returning Officer” means a Commonwealth Returning Officer appointed in pursuance of regulation 3 of these Regulations;

“Deputy Returning Officer” means a person appointed by a Commonwealth Returning Officer to be a Deputy Returning Officer;

“the Act” means the Commonwealth Electoral (War-time) Act 1917.

Commonwealth Returning Officers.

3. (1) For the purpose of enabling members of the Forces who are entitled to vote under Part II. of the Act to vote at the Election the Chief Electoral Officer may appoint such Commonwealth Returning Officers as are required.

(2) Subject to the Regulations and to any directions of the Chief Electoral Officer, the Commonwealth Returning Officer shall be charged with the duty of making all arrangements necessary or convenient for

 

enabling members of the forces not under the age of 21years serving outside Australia who are enrolled as electors of the Commonwealth are eligible to be so enrolled to vote at the Election.

(3) Each Commonwealth Returning Officer shall have power to appoint for the purpose of the Election such Deputy Returning Officers, to assist him in the distribution and transmission of the ballot-papers and forms of declaration and at the scrutiny, as he thinks necessary

Form of declaration by member of the Forces.

4. The form of declaration to be made by a member of the Force serving outside Australia who claims to vote under Part II. of the Act shall be as follows:—

FORM OF DECLARATION—AUSTRALIAN FORCES SERVING OUTSIDE AUSTRALIA.

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act 1917.

I declare—(1) that I am a Member of the Forces* serving outside Australia;

(2) that I am of the full age of 21 years and either enrolled or eligible to be enrolled as an elector of the Commonwealth; and (3) that my name and designation are as follows:—

Surname. Christian Names at Full Length. Rank or Designation, Military or Naval Force, including Regimental or Naval Number, if any, and Unit.

I further declare that I have not previously voted at the Election for the Senate or the General Election for the House of Representatives 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 at either of these Elections. 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 an Election for the Senate or a General Election for the House of Representatives.

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

Declared before me at...................................................the...............................day of……………............................1917.

Authorized Witness............................

Rank and Unit.....................,......

………………….

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness by whom it must be completed and attested. (2)The authorized witness must, if he is satisfied as to the identity of the voter then initial and hand to the voter one Senate ballot-paper and one House of Representatives ballot-paper (printed)

__________________________________________________________________________________

* “Member of the Forces” in this declaration means a person serving outside Australia—

(a) who is a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia, or on a ship of war, or

(b)  who is engaged as a munitions or other worker under agreement with the Commonwealth Government for service outside Australia,

and includes a person who is 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.

on one piece of paper), in accordance with the form in the Schedule to the Act. The voter will then (i) in private forthwith mark his votes in the manner indicated on the ballot-papers handed to him; and (ii) fold the ballot-papers so that the votes cannot be seen, and at once return the ballot-papers so folded to the authorized witness, who will then, without unfolding the ballot-papers, forthwith, in the presence of the voter, place the ballot-papers in the envelope bearing the voter’s declaration and addressed to the Commonwealth Returning Officer at there insert address of Commonwealth Returning Officer concerned), securely fasten the envelope, and transmit it to the Commonwealth Returning Officer in accordance with the directions issued by that Officer, so as to reach him at the address printed on the face of the envelope as early as practicable, but in any event not later than the nineteenth day of May, 1917.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations of members of the Forces under the Commonwealth Electoral (War-time) Act 1917:— (a) all Regimental Officers serving with the Australian Expeditionary Forces; (b) all Medical Officers of the Australian Army Medical Service in charge or sub-charge of a hospital; (c) all Naval Commissioned Officers; and (d) such other Military Commissioned Officers and such persons in the service of the Commonwealth and such Military or Medical Commissioned Officers of the Imperial Army as are appointed authorized witnesses by the Commonwealth Returning Officer.

Application to be made by returned soldiers for certificate prescribed by s. 7 of Act.

5. In order that a Member of the Forces who has returned from serving outside Australia, and who is eligible to he enrolled as an elector of the Commonwealth but is not so enrolled, may vote at the Election, he must make an application to the Naval or Military Commandant, as the case requires, in accordance with the following form, for the certificate prescribed under section 7 of the Act:—

Commonwealth of Australia.

Commonwealth Electoral (War-time) Act 1917.

Application for a certificate to be made to the Commandant of a Military or Naval District by a Member of the Forces 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.

To the (a).................... Commandant

for the .............................. District.

I, .................. of .................. hereby declare:—

(1) that I am a Member of the Forces* who has returned from serving outside Australia;

(2) that I am not under the age of 21 years and am eligible to be enrolled as an elector of the Commonwealth, and I am not so enrolled.

I hereby apply for a certificate pursuant to section 7 of the Commonwealth Electoral (War-time) Act 1917, to enable me to vote at the election for the Senate and the General Election for the House of Representatives to be held on Saturday, the 5th May, 1917.

__________________________________________________________________________________

(a)Here insert “Military” or “Naval”, as the case requires.

* “Member of the Forces” 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 or service outside Australia.

My name and particulars relating to my service are as follows:—

Regimental or Naval Number. Name (in full). Rank or Designation. Unit. If discharged, place and date of discharge. Address at date of enrolment as shown in Nominal Roll kept by the Department of Defence or the Department of the Navy (as the case may be).

I request that the certificate be forwarded to me at the following address:—

Address............................

………………………………..

………………………………..

Signature........................

Date 1917.

Witness to signature........................

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

........................Address.

........................Occupation.

Certificate to be produced by returned members of the Forces.

6. The certificate to be issued by a Naval or Military Commandant or person thereto authorized by him, and to be produced to the Presiding Officer by a member of the Forces who has returned from serving outside Australia and is eligible to be enrolled as an elector of the Commonwealth but is not so enrolled, shall be in accordance with the following form:—

[To be produced to the Presiding Officer on polling day.]

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act 1917.

I hereby certify that (here insert Christian names in full and surname) has returned from serving outside Australia as a member of the Forces within the meaning of the Commonwealth Electoral (War-time) Act 1917, 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* at date of enrolment as shown in Nominal Roll kept by the Department of Defence or the Department of the Navy (as the case may be).

Dated this day of 1917.

Signature..............................

(Commandant of the Military or Naval District, or

Officer authorized by him (as the case may be).)

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

Date 1917.

Commonwealth Electoral Officer for

the State of....................

_____________________________________________________________________________________

* 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

Certificate to be forwarded to Commonwealth Electoral Officer by Commandant.

7. Upon the issue by the Commandant or authorized officer of the certificate provided for in the last preceding Regulation, that officer will forthwith forward it to the Commonwealth Electoral Officer for the State together with the application of the returned member of the forces. The Commonwealth Electoral Officer shall indorse, in the space provided for the purpose, the name of the Division and State in respect of which the returned member of the Forces is entitled to vote, and shall thereupon transmit the certificate to him, and retain the application.

Form of declaration by returned members of the Forces.

8. The form of declaration to be made by a member of the Forces whois not enrolled as an elector but is eligible to be so enrolled and has returned from serving outside Australia and produces to the Presiding officer the prescribed certificate shall be as follows:—

FORM OF DECLARATION.

Australian Forces Returned From Service Outside Australia.

Commonwealth Of Australia.

The Commonwealth Electoral (War-time) Act 1917.

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 of the full age of 21 years and am eligible to be enrolled as an elector of the Commonwealth but am not so enrolled;

(3) that my name and designation are as follows:—

Surname. Christian Names at Full Length. Rank or Designation, Military or Naval Force, including Regimental or Naval Number, if any, and Unit, and, if discharged, place of discharge.

I submit the prescribed certificate showing that I am entitled to vote as an elector of the Division of ..............and State of .....................

I further declare that I have not previously voted at the Election for the Senate or the General Election for the House of Representatives 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 at either of these Elections. 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 an Election for the Senate or a General Election for the House of Representatives.

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

Signed before me the ......................day of ..............................1917, at............................ polling-place.

Presiding Officer..........................

_____________________________________________________________________________________

* “Member of the Forces” 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 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.

C.3565.—2

 

Directions.

(1) This form of declaration 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 State for which the voter is entitled to vote; and

(b) One ballot-paper headed “Absent Vote” for the House of Representatives Election for the Division for which the voter is entitled to vote,

held on the date upon which this declaration is made.

(3) The voter will then forthwith—

(i) retire alone to an unoccupied compartment of the polling booth and there in private mark his vote in the manner indicated on each ballot-paper handed to him; and

(ii) fold each ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper or ballot-papers so folded to the Presiding Officer before whom he made the declaration.

(4) The Presiding Officer will see that he receives from the voter each ballot-paper duly folded, and, if necessary for the purpose of identification, again request the voter to state his name. He will then, without unfolding the ballot-paper or ballot-papers, forthwith, in the presence of the voter, enclose all the ballot-papers received from that voter in the envelope hearing 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.

Prescribed List of Members of the Forces.

9. For the purpose of section 7of the Act the prescribed list of Members of the Forces shall be the Nominal Roll kept by the Department of Defence or the Department of the Navy, as the case may be.

Form of absent voter’s ballot-paper for returned Members of the Forces.

10. The form of ballot-paper for the use of Members of the Forces who have returned from serving outside Australia, and are eligible to vote under the Act, shall be the form of absent voter’s ballot-paper used by an elector who votes as an absent voter on polling day.

Form of application to be made by person voting under Proviso to s.10 (2.)

11. (1) The form of application to be made by a naturalized British subject who was born in a country which forms part of the territory of a country with which the British Empire is now at war, but who is entitled to vote under the proviso to sub-section (2) of section 10 of the Act, shall be as follows:—

Commonwealth Of Australia.

The Commonwealth Electoral (War-time) Act 1917.

Application for certificate of exemption from disqualification under the proviso to sub-section (2) of section 10 of the Act.

To the *............................

I (here insert full Christian names and surname) of (here insert place of living), (here insert occupation), hereby apply for a certificate of exemption under the proviso to sub-section (2) of section 10 of the Act, and in connexion therewith do solemnly, and sincerely declare as follows:—

(1) I am a naturalized British subject and was born at.............. on ......................and arrived in Australia on....................

(2) I was by birth a natural-born citizen or subject of (here insert France, Italy, or Denmark, as the case may be).

(3) I was naturalized as a British subject by a certificate of naturalization granted to (here insert me or my father or my mother, as the case may be, specifying the name of the said father or mother, as the case may be) at ............. on ..............

And I make this solemn declaration by virtue of the provisions of the Statutory Declarations Act 1911 conscientiously believing the statements therein to be true in every particular.

Signature..............................

Declared at ............ the ............

day of .......... 1917.

Before me—

………………………………………….

Title of person before whom the declaration is made. (Such person must be a Police, Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations. )

* Note.—This application must be made to the Divisional Returning Officer for the Division for which the elector is enrolled, except in the case of the undermentioned Divisions or Subdivisions, as the case may be, in which case the applicant may, if he so desires, direct his application to the Electoral Registrar for the Subdivision in which he is enrolled in lieu of applying to the Divisional Returning Officer for the Division.

Divisions of Barrier, Cowper, Darling, Gwydir, Richmond, and Riverina in the State of New South Wales;

Divisions of Capricornia, Darling Downs, Herbert, Kennedy, Maranoa, Moreton, and Wide Bay, in the State of Queensland, and the Subdivision of The Islands of the Division of Oxley, in that State;

Divisions of Barker, Grey, and Wakefield, in the State of South Australia;

Divisions of Dampier, Kalgoorlie and Swan in the State of Western Australia.

(2) An applicant who is an elector of any of the undermentioned Divisions or Subdivision, as the case may be, may, if he so desires, direct his application to the Electoral Registrar for the subdivision, for which he is enrolled, in lieu of applying to the Divisional Returning Officer for the Division:—

State.	Divisions or Subdivision.
New South Wales.....	Barrier, Cowper, Darling, Gwydir, Richmond, and Riverina.

Queensland...............................	Capricornia, Darling Downs, Herbert, Kennedy, Maranoa, Moreton, and Wide Bay, and the Subdivision of The Islands of the Division of Oxley
South Australia...............................	Barker, Grey, and Wakefield
Western Australia...............................	Dampier, Kalgoorlie and Swan

Certificate by Divisional Returning Officer or Electoral Registrar under s. 10 (S.) of the Act

12. (1) Upon receipt of a form of application in accordance with the last preceding regulation the Divisional Returning Officer or Electoral Registrar, as the case may be, may, if, after such inquiry as he thinks fit, he is satisfied that the applicant is entitled thereto, issue to him a certificate in accordance with the following form:—

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act 1917.

Certificate of exemption from disqualification under the proviso to sub-section (2) of section 10 of the Act.

I..............................(here insert Divisional Returning Officer or Electoral Registrar, as the case may be) hereby certify that I am satisfied that .....................who is enrolled as an elector of the Subdivision of........... .. ........... .... ..... .of the Division, of.....................was a natural-born citizen or subject of (here insert France, Italy or Denmark, as the case may be) and arrived in Australia before the date upon which the territory

in which he was born became part of (here insert Germany or Austria as the case may be) and that he is therefore not deemed to have been born in an enemy country within the meaning of section 10 of the Act.

Dated the............day of..............19  .

Signature.........................

(Divisional Returning Officer or Electoral Registrar for the

Subdivision of.......... as the case may be.)

(2) Upon the issue of a certificate by any Electoral Registrar in accordance with the last preceding sub-regulation, the Electoral Registrar shall forthwith inform the Divisional Returning Officer of the Division of the fact of the issue and forward to him by first post the application form upon which the certificate was issued.

(3) Where a certificate issued under this regulation is revoked the Divisional Returning Officer shall take such steps as are in his opinion necessary or desirable to prevent the elector from voting.

Form of application for certificate under s. 10 (4) (b) of Act.

13. The form of application to be made by a naturalized British subject who was born in a country which forms part of the territory of a country with which the British Empire is now at war, but who, if otherwise qualified, is entitled to vote upon production to the Presiding Officer of a certificate signed by the District Commandant of a Military District, or an officer thereto authorized by him, that the person is or has been a member of the Forces or has applied for enlistment as a member of the Forces and has been rejected as medically unfit, or is a parent or the wife, brother or sister of a person who is or has been a member of the Forces or of a person who has so applied and been rejected, shall be as follows:—

Commonwealth of Australia.

The Commonwealth Electoral (War-time) Act 1917.

Application for Certificate of Exemption from disqualification under paragraph (b) of sub-section (4) of section 10 of the Act.

The Commandant of the Military District.

I (here insert full Christian names and surname), of (here insert place of living), (here insert occupation), hereby apply for a certificate under paragraph (b)of sub-section (4) of section 10 of the Act, and in connexion therewith do solemnly and sincerely declare as follows:—

(1) I am a British subject, and was born at............ on............

(2) I was naturalized as a British subject by a certificate of naturalizatior granted to (here insert me or my father or my mother, as the case may be specifying the name of the said father or mother, as the case may be) at ................on..............

(3) I*

And I make this solemn declaration by virtue of the provisions of the Statutory Declarations Act 1911 conscientiously believing the statements therein to be true in every particular.

Signature...................................

Declared at ............ the ............

day of .........., 1917.

Before me—

………………………………..

Title of person before whom the declaration is made. (Such person must be a Police, Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations. )

__________________________________________________________________________________

* Here insert am or have been a member of the Forces or have applied for enlistment as a member of the Forces and have been rejected as medically unfit or am the parent (orthe wife, brother or sister)

of .........................(who is or has been a member of the Forces or has applied for enlistment as a member of the Forces and has been rejected as medically unfit).

 

Form of certificate under s. 10 (4) (6) of Act.

14. The form of certificate to be produced to the Presiding Officer by a person who was born in a country which forms part of the territory of a country with which the British Empire is now at war, but who claims to vote under the provisions of paragraph (b) of subsection (4) of section 10 of the Act as being or having been a member of the Forces or a person who applied for enlistment as a member of the Forces and has been rejected as medically unfit, or the parent or the wife, brother or sister of a person who is or has been a member of the Forces or a person who has applied for enlistment as a member of the Forces and has been rejected as medically unfit, shall be in accordance with the following form:—

(To be produced to the Presiding Officer on polling day.)

I (here insert District Commandant of the..............Military District or an officer thereto authorized by the District Commandant of the ............ Military District) hereby certify that ............ of ..............

Dated the ................. day of .............., 1917.

Signature....................

Compliance with Regulations.

15. In connexion with the polling of votes of members of the Forces entitled to vote under the Act each person claiming to vote and each authorized witness shall severally comply with such of the directions contained in the form of declaration prescribed by these Regulations as are required to be complied with by him.

Transmission of envelopes containing ballot-papers to Commonwealth Returning officer.

16. Every authorized witness before whom any member of the Forces votes under these Regulations shall keep a record of—

(a) the number of declarations and ballot-papers received by him;

(b)the names of the persons to whom they were issued, and who voted before him; and

(c) the number of unused declarations and ballot-papers,

and shall forward to the proper Commonwealth Returning Officer, at such intervals and in such manner as the Commonwealth Returning Officer directs, but so as to reach the Commonwealth Returning Officer as early as practicable and in any event not later than the nineteenth day of May, 1917, all addressed envelopes in his possession containing ballot-papers. In addition, he shall as soon as practicable after the fifth day of May, 1917, forward to the Commonwealth Returning Officer the unused declarations and ballot-papers and the records kept by him in pursuance of this regulation.

Scrutiny of votes of members of the Forces voting before authorized witnesses.

17. The scrutiny of votes polled by members of the Forces voting before authorized witnesses in pursuance of these Regulations, and received by a Commonwealth Returning Officer up to and including the nineteenth day of May, 1917, shall be conducted by the Commonwealth Returning Officer, with such assistance as he deems necessary, and 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, in accordance with the following provisions:—

(a) Upon the receipt of any envelopes containing ballot-papers the Commonwealth Returning Officer shall place the envelopes in a locked ballot-box for safe custody pending the scrutiny.

__________________________________________________________________________________

* Here insert is or has been a member of the Forces or has applied for enlistment as a member of the Forces and has been rejected as medically unfit or is the parent ( orthe wife, brother or sister), of

........................ (who is or has been a member of the Forces or has applied for enlistment as

a member of the Forces and has been rejected as medically unfit).

 

(b) He may at such, intervals as, he determines, and whether before, on, or after polling day, remove any or all of them from the ballot-box for the purpose of the preliminary scrutiny.

(c) At the preliminary scrutiny he shall proceed as follows:—

(i) he shall examine each declaration with a view to satisfying himself whether the declaration is duly made and attested, and the person making the declaration is a person who is entitled under these Regulations to vote, and, if so, the name of the Division for which he is entitled to vote;

(ii) if he is satisfied that the person is entitled to vote he shall make a mark against the name of the person on the official list, and write across the declaration the nameof the Division for which the person is entitled to vote and shall withdraw from the envelope the ballot-paper contained therein, and, without inspecting or unfolding the ballot-paper, or allowing any other person to do so, shall write across the back of the ballot-paper the name of the Division for which the person is entitled to vote and deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny, and shall retain the envelope in safe custody; and

(iii) if he is not satisfied that the person is entitled to vote he shall mark the envelope “Rejected at preliminary scrutiny” and shall retain it unopened in safe custody.

(d) At any time after the completion of the preliminary scrutiny of any portion of the ballot-papers, but not in any event before polling day, he may proceed with the scrutiny of the ballot-papers reserved for further scrutiny, retaining in the ballot-box from time to time such number of ballot-papers as may be necessary to prevent the identity of any voter from being disclosed.

(e)On each occasion on which he conducts a further scrutiny of votes, he shall allow and count those ballot-papers which are formal and shall disallow and reject those which are informal.

(f) If a scrutineer objects to a ballot-paper as informal, the Commonwealth Returning Officer shall mark the ballot-paper “Admitted” or “Rejected”, according to his decision to admit or reject the ballot-paper, but nothing in this regulation shall prevent the Commonwealth Returning Officer from rejecting a ballot-paper as being informal although it has not been objected to.

(g)The Commonwealth Returning Officer shall from time to time make separate records of the number of ballot-papers rejected as informal and the number of ballot-papers accepted as formal, and shall subsequently fasten and seal each parcel, and indorse thereon particulars of the contents thereof, and add his signature and the date.

(h)Upon the completion of the scrutiny he shall place in separate parcels—

(i) the unopened envelopes rejected at the preliminary scrutiny;

(ii) the envelopes from which ballot-papers have been withdrawn;

(iii) all the parcels containing informal ballot-papers; and

(iv) all the parcels containing formal ballot-papers;

and shall fasten and seal such parcels, and indorse thereon particulars of the contents thereof, and add his signature and the date, and shall

 

retain such parcels in safe custody until he receives from the Chief Electoral Officer for the Commonwealth directions to destroy them or deal with them in some other manner.

Scrutiny of votes of returned members of the Forces voting under these Regulations.

18. (1) The scrutiny of votes of members of the Forces who have returned from serving outside Australia, and who vote under these Regulations as absent voters before a presiding officer on polling day shall be conducted by the Divisional Returning Officer for the Division for which they are entitled to vote as nearly as practicable in the same manner as the scrutiny of the votes of persons voting under the Electoral and Referendum Regulations as absent voters before a presiding officer on polling day,

(2.) The Divisional Returning Officer shall make and preserve a record of the names of all members of the Forces whose votes have been received and scrutinized by him.

What Senate ballot-papers are informal.

19. A Senate ballot-paper cast by a member of the Forces serving outside Australia shall be informal if—

(a)it has no vote marked on it or it has no party vote marked on it or has more than one party vote marked on it:

Provided that a ballot-paper shall not be deemed to be informal—

(i) if it has no party vote marked on it, but has written on it the names of three and only three candidates for the Senate election for which the member of the Forces is entitled to vote; or

(ii) if it has a party vote marked on it, and has written on it the names of three and only three candidates for the Senate election for which the member of the Forces is entitled to vote, and all of those candidates are the recognised candidates of the party, in respect of which the party vote is marked on the ballot-paper; or

(b)the cross marked by the voter who records a party vote is placed outside the square in such a position as to render the intention of the voter uncertain; or

(c) there is upon it any mark or writing by which, in the opinion of the Commonwealth Returning Officer, the voter can be identified.

What House of Representatives ballot-papers are informal.

20. A House of Representatives ballot-paper cast by a member of the Forces serving outside Australia shall be informal if—

(a) it has no party vote marked on it or has more than one party vote marked on it:

Provided that a ballot-paper shall not be deemed to be informal—

• (i) if it has no party vote marked on it, but has written on it the name of one and only one candidate for the election of a member of the House of Representatives for the Division for which the member of the Forces is entitled to

   vote; or

 

(ii) if it has a party vote marked on it and has written on it the name of one and only one candidate for the election of a member of the House of Representatives for the Division for which the member of the Forces is entitled to vote, and such candidate is the recognised candidate of the party in respect of which the party vote is marked on the ballot-paper; or

(b) the cross marked by the voter who records a party vote is placed outside the square in such a position as to render the intention of the voter uncertain; or

(c) there is upon it any mark or writing by which, in the opinion of the Commonwealth Returning Officer the voter can be identified.

Notification of results to Chief Electoral Officer.

21. As soon as possible after the fifth day of May, 1917, but not on or before that date, the Commonwealth Returning Officer shall forward by telegraph to the Chief Electoral Officer for the Commonwealth a return of the scrutiny, showing, as regards the votes cast by members of the Forces serving outside Australia and counted by him—

(a) the number of votes already counted which have been cast for the respective candidates at the Senate election and the general election of the House of Representatives; and

(b) the number of informal votes,

and shall forthwith after the close of the scrutiny forward by telegraph to the Chief Electoral Officer for the Commonwealth returns showing, so far as regards the votes cast by members of the Forces serving outside Australia and counted by him—

(a) the total number of votes cast in favour of each candidate in respect of each Division of the Commonwealth at the Senate election and in favour of each candidate at the general election of the House of Representatives;

(b)the total number of envelopes for each Division containing ballot-papers rejected at the preliminary scrutiny; and

(c) the total number of ballot-papers for each Division rejected as informal at the further scrutiny.

Notification of results by Chief Electoral Officer.

22. (1) The Chief Electoral Officer shall from time to time notify each Commonwealth Electoral Officer of the number of votes cast in favour of each candidate at the Senate election for his State, and each Divisional Returning Officer of the number of votes cast in favour of each candidate at the House of Representatives election for his Division.

(2) The Commonwealth Electoral Officer and each Divisional Returning Officer shall severally include in the returns compiled by them the figures supplied to them by the Chief Electoral Officer.

Compliance with forms.

23. Strict compliance with the forms contained in those Regulations shall not be required, and substantial compliance therewith shall suffice for the purposes of these Regulations.

________________________________

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

C.3565.—Price 5d.