Constitution Amendment (Legislative Council Elections) Act 1933 (NSW)

CONSTITUTION AMENDMENT

(LEGISLATIVE COUNCIL

ELECTIONS) ACT.

Act No. 8, 1933.

An Act to make further provision for the election of Members of the Legislative Council; to amend the Constitution Act, 1902, the Constitution Further Amendment (Legisla­ tive Council Elections) Act, 1932, and certain other Acts; and for purposes con­ nected therewith. [Assented to, 25th Sep­ tember, 1933.]

BE b y and wi th t he advice and consent of the Leg i s ­

it enacted by t h e K ing ' s Mos t Excel lent Ma je s ty ,

lative Council and Legis la t ive Assembly of N e w S o u t h

Wales in P a r l i a m e n t assembled, and b y t h e au tho r i t y of

the same, as follows :—

1. (1) This Act may be cited as the "Cons t i t u t i on Amendment (Legislat ive Council Elect ions) Act, 1 9 3 3 . "

(2) The Const i tut ion F u r t h e r Amendment (Legis­

lat ive Council Elect ions) Act, 1932, as amended by th is Act m a y be cited as the Const i tut ion (Legislat ive Coun­ cil Elect ions) Act, 1932-1933.

(a)	by omitting from the definition of the expression
" T h i s P a r t " in section five the words " S e c o n d
S c h e d u l e " and by inser t ing in lieu thereof the
words "Second , Th i rd and F o u r t h S c h e d u l e s " ;
(b)	by inserting in subsection six of section seven after the word " c l a y " where secondly occurr ing the words " n o t ear l ier than the seventh d a y af ter the clay of nominat ion and " ; (c)

2 . The Const i tut ion F u r t h e r Amendment (Legislat ive

Council Elect ions) Act, 1932, is amended—

(c)	by omitting from subsection one of section nine the words " t h e hour a t which the s i t t ings of the respective Houses of the Pa r l i amen t a re to com­ m e n c e " and by inser t ing in lieu thereof the words " t h e hour at which the taking of the votes at the si t t ings of the respective Houses of the
Pa r l i amen t is to commence" ;

(d) (i) by inser t ing in subsection one of section th i r teen af ter the words " d a y of nomina­ t i o n " the words " o r as soon as pract icable t h e r e a f t e r " ;

(ii)   by inserting in subsection two of the same section after the words " d a y of n o m i n a t i o n " the words " o r as soon as pract icable there­ a f t e r . "

3. The Const i tut ion F u r t h e r Amendment (Legislat ive

Council Elections) Act, 1932, is fur ther amended—

(a) (i) by omit t ing from subsection two of section

fourteen the words " p r e s c r i b e d f o r m " and

by inser t ing in lieu thereof the words " f o r m set out in the Th i rd Schedule to this A c t " ;

(ii) by inser t ing af ter p a r a g r a p h (c) of sub­

section three of the same section the follow­

ing new p a r a g r a p h : —

(c l ) the names of the candidates may be p r in ted ei ther in one continuous	column or in such other manner
(without depar t ing from the said alphabetical o rder ) as , in the opinion of the r e tu rn ing officer, is best calcu­ la ted to facili tate the mark ing and counting of vo tes ;

(iii)    by omit t ing from p a r a g r a p h (d) of the same subsection the words " a square shall be pr in ted o p p o s i t e " and by inser t ing in lieu thereof the words " a rectangle shall be

pr in ted opposite and to the left o f" ;

(iv)

(iv)   by inserting after subsection four of the

same section the following subsection:—

(5) The re tu rn ing officer shall deliver to the Clerk of the Assembly, and himself re ta in , such numbers respectively of the bal lot -papers (with counterfoils a t tached) as a re sufficient for the use of Members of the Assembly and Members of the Council, as the case may be, in the taking of the bal lot ; and the r e tu rn ing officer and the Clerk of the Assembly shall keep an exact account of all such bal lot-papers and counterfoi ls ;

_ (b) by inser t ing after the Second Schedule the fol­

lowing new Schedule:—

T H I R D S C H E D U L E .

CONSTITUTION (LEGISLATIVE COUNCIL ELECTIONS)

ACT, 1932-1933.

BALLOT-PATER.

Election of {here insert number of candidates to be

elected) Member(s) of the Legislat ive Council.

C A N D I D A T E S .

ABBOTT, John	H U G H E S ,	Alfred
ADAMSON, Joseph	H U G H E S ,	David

A L L E N ,	Charles	K E N N E D Y ,	Andrew
B A K E R ,	William	M U R P H Y ,	Patrick

CARR, Henry	P E T E R S ,	Albert
C L A R K E ,	Herbert	SMITH, Aubrey

DOUGLAS, Robert	THOMSON, Edward WOOD, Arthur
E D W A R D S ,	George

GRACE, Thomas YOUNG, Geoffrey

4. The Const i tut ion F u r t h e r Amendment (Legislat ive

Council Elect ions) Act, 1932, is fur ther	amended—
(a)	by inserting after subsection three of section

fifteen the following new subsect ion:—

(4) The Special Rules set out in Division I of the F o u r t h Schedule to this Act shall app ly to and in respect of the conduct of proceedings of the Legislat ive Council at or in relat ion to any si t t ing held for the purpose of taking the votes of Members at any election.

The

The Special Rules set out in Division I I of the F o u r t h Schedule to this Act shall apply to and in respect of the conduct of proceedings of the Legislat ive Assembly at or in relat ion to any s i t t ing held for the purpose of taking the votes of Members at any election.

(b) by inserting after the Third Schedule (as in­ ser ted in the Consti tut ion F u r t h e r Amendment (Legislative Council Elect ions) Act, 1932, by section three of this Act) the following new Schedule:—

F O U R T H S C H E D U L E .

DIVISION I—LEGISLATIVE COUNCIL.

Special Rules for Regulating the Conduct of Proceedings

at a sitting held for the purpose of taking the Votes of Members of the Legislative Council at any Election

under the Constitution	(Legislative	Council	Elections)
Act, 1932-1933.

1. The S t and ing Rules and Orders of the Legis la t ive Council for the t ime being in force, so far as they are no t inconsis tent wi th the rules in th i s Divis ion of t h i s Schedule, shall apply to and in respect of the conduct of proceedings of the Legislat ive Counci l a t or in re la t ion to any s i t t ing held for the purpose of t a k i n g the votes of Members a t an e lect ion; and in th i s Divis ion of t h i s Schedule a reference to a s i t t ing shall be construed as a

reference to such a s i t t ing .

2. "Where a Message addressed to the P r e s i d e n t of t he

Legislat ive Counci l in pursuance of subsection one of section seven of th is Act is received, t he Pres iden t , af ter r epor t ing the Message, shall direct t he Clerk to read the

W r i t .

The Pres iden t shall direct t h a t the t ak ing of the votes of Members shall be set down as an Order of the D a y for the day or days of the ballot appointed in such W r i t , and on such day or days the t ak ing of the votes shall t ake precedence of all other business.

3. A t a s i t t ing , the Pres iden t may give such direct ions

and take such steps as he m a y deem necessary for t he proper and expedit ious t ak ing of the votes and for t he preservat ion of order th roughou t t he proceedings.

4. A t a s i t t ing , no m a t t e r other t h a n the t ak ing of the

votes of Members shall be raised or en te r ta ined before t he
close of the ballot.

5. F o r the purposes of a s i t t ing the Chamber and the
floor of the House shall be deemed to extend to and include

the vo t ing compar tmen t s provided for the purpose of

m a r k i n g ballot-papers.

6. A s i t t i ng shall proceed no twi ths t and ing t h a t before

the close of the ballot a less number of Members t h a n t h a t

necessary to cons t i tu te a quorum is present .

7. T h e P re s iden t may record his vote a t any t ime d u r i n g

the progress of the ballot, provided tha t a Depu ty occupies

the Cha i r d u r i n g his temporary absence therefrom.

8. Before the commencement of the t a k i n g of t he votes

t he P res iden t shall direct the Clerk to read the Order of

t he Upon the Order of the D a y being read, the Clerk shall Day.

du ly display the ballot-box.

T h e P re s iden t shall then declare the ballot open.
9. A Member des i r ing to vote shall , when called by the

P res iden t , come forward to the Table and obta in his ballot- paper from the Clerk.

H e shall fo r thwi th re t i re alone to one of t he unoccupied vo t ing compar tmen t s and mark his ballot-paper, and hav ing marked his ballot-paper he shall deposit i t in t he ballot-box and resume his seat or re t i re from the Chamber .

10. After receiving his ballot-paper, no Member shall leave the Chamber unless and u n t i l h is ballot-paper has been deposited in the ballot-box.

N o Member shall a t t emp t to en ter any vot ing compar t ­

m e n t while i t is occupied.

11. A t the hour appointed i n the W r i t for the t e rmina ­ t ion of t he t a k i n g of the votes at a s i t t ing , the Pres iden t shall announce tha t such hour has ar r ived and shall d i rec t t h a t the doors be locked.

T h e doors hav ing been locked, t he P r e s i d e n t shall t h e n

inqu i re whether there is any Member present who has no t

yet received a ballot-paper and desires to vote.

Every such Member shall r ise in his place, and his n a m e shall be recorded by one of the Clerks at the Table upon a Lis t , which shall be handed to the Pres iden t .

T h e P re s iden t shall t h e n d i rec t t h a t t he doors be u n ­

locked.

A n oppor tuni ty to record the i r votes shall be given to such Members , and also to any other Members who, hav ing received the i r ballot-papers before the hour appointed in t h e wr i t for the t e rmina t i on of the t a k i n g of t he votes, have no t a t t ha t hour completed the recording of the i r votes.

After such oppor tuni ty has been given the P re s iden t shall declare the ballot closed.

12. After the close of the ballot any Member of the Government may for thwi th move the ad journment of the House .

DIVISION I I . — L E G I S L A T I V E ASSEMBLY.

Special Rules for Regulating the Conduct of Proceedings at

a sitting held for the purpose of talcing the Votes of Members of the Legislative Assembly at any Election

under the Constitution	(Legislative	Council	Elections')
Act, 1932-1933.
1. The	S t a n d i n g Rules and	Orders of the	Legis la t ive

Assembly for the t ime being in force, so far as they a r e no t inconsis tent wi th the rules in th is Divis ion of th is Schedule, shall apply to and in respect of t he conduct of proceedings of the Legislat ive Assembly a t or i n re la t ion to any s i t t ing held for the purpose of t a k i n g the votes of Members a t an e lect ion; and in th is Divis ion of t h i s Schedule a reference to a s i t t ing shall be construed as a reference to such a s i t t ing.

2. Where a Message addressed to the Speaker of t h e Legis la t ive Assembly in pursuance of subsection one of section seven of th is Act is received, t he Speaker, af ter r epor t ing the Message, shall direct the Clerk to read t h e W r i t .

T h e Speaker shall then direct t h a t the t a k i n g of t he

votes of Members shall be set down as an Order of the D a y for t he day or days of the ballot appointed in such W r i t , and on such day or days the t ak ing of the votes shall t ake precedence of all other business.

3. A t a s i t t ing , the Speaker may give such direct ions and t ake such steps as he may deem necessary for the proper
and expedit ious tak ing of the votes and for the preserva­

t ion of order th roughout the proceedings.

4. A t a s i t t ing , no m a t t e r other t h a n the t ak ing of the

votes of Members shall be raised or en te r ta ined before t he
close of the ballot.

5. F o r the purposes of a s i t t ing , the Chamber and t h e floor of the House shall be deemed to extend to and inc lude the vo t ing compar tments provided for the purpose of mark ­ ing ballot-papers.

6. A s i t t ing shall proceed no twi ths t and ing t h a t before

t he close of the ballot a less number of Members t h a n t h a t
necessary to cons t i tu te a quorum is present .

7. The Speaker may record his vote a t any t ime d u r i n g the progress of the ballot, provided a Deputy occupies the Chai r du r ing his temporary absence therefrom.

8. Before the commencement of the t ak ing of the votes the Speaker shall direct the Clerk to read the Order of the Day .

Upon the Order of t he D a y being read, t he Clerk shall duly display the ballot-box.

The Speaker shall then declare the ballot open.

9. A Member des i r ing to vote shall, when called by the Speaker, come forward to the Table and obta in his ballot- paper from the Clerk.

H e shall for thwi th re t i re alone to one of the unoccupied vot ing compar tments and mark his ballot-paper, and hav ing marked his ballot-paper, he shall deposit i t in the ballot-box and resume his seat or re t i re from the Chamber.

10. After receiving his ballot-paper no Member shal l leave the Chamber unless and un t i l h is ballot-paper has been deposited in the ballot-box.

N o Member shall a t t empt to en ter any vo t ing compar t ­

m e n t while i t is occupied.

11 . A t the hour appointed in the W r i t for t he t e rmina ­ t i on of the t a k i n g of the votes at a s i t t ing , the Speaker shall announce tha t such hour has arr ived, and shall d i rec t t h a t the doors be locked.

The doors hav ing been locked, the Speaker shall t h e n inqui re whether there is any Member present who has no t yet received a ballot-paper and desires to vote.

Every such Member shall rise in his place, and his n a m e

shall be recorded by one of the Clerks a t the Table upon a

list, which shall be handed to the Speaker. T h e Speaker shall then direct t h a t the doors be un ­

locked.

A n oppor tun i ty to record the i r votes shall be given to such Members , and also to any other Members who, hav ing received the i r ballot-papers before t he hour appointed in t he wr i t for the t e rmina t i on of the t a k i n g of the votes, have not a t t h a t hour completed the record ing of the i r votes.

After such oppor tuni ty has been given the Speaker shall declare t he ballot closed.

12. After t he close of the ballot, any Member of t he Government may for thwi th move the ad journment of t he House .

5. The Const i tut ion F u r t h e r Amendment (Legislat ive

Council Elect ions) Act, 1932, is fur ther amended—

(a)	by omitting from section eighteen the words " co r r e spond ing to tha t counterfoil, and having marked the bal lot-paper on both sides with the prescr ibed official mark," and by inser t ing in lieu thereof the words " a t t a c h e d to tha t counterfoil , and the Clerk having marked the ballot-paper on
the back with his s i g n a t u r e " ;
(b) (i) by inser t ing in subsection one of section	nineteen after the word " f o r t h w i t h " the 1
words " r e t i r e alone to one of the unoccupied voting compar tments provided for the pur­
pose, and there in p r i v a t e " ;

(ii)   by omitting from the same subsection the words " s q u a r e oppos i t e , " and by inser t ing in lieu thereof the words ' ' rectangle opposite and to the left of" ;

(iii)   by omitting from the same subsection the words " s q u a r e s respectively o p p o s i t e " wherever occurring, and by inser t ing in lieu thereof the words " r ec t ang l e s respectively

opposi te and to the left of" ;

(iv)   by omitting from subsection two of the same section the words "official m a r k , " and by inser t ing in lieu thereof the words

" s i g n a t u r e of the C l e r k " ;

(e) (i) by omit t ing p a r a g r a p h (a) of section twenty and by inser t ing in lieu thereof the following p a r a g r a p h : —

(a) make up in one parcel the ballot- pape r s which have remained unused a t the taking of the ballot, the spoilt bal lot-papers (if any) and the coun­ terfoils of all bal lot-papers which were re ta ined by him as r e tu rn ing officer or delivered to him by the r e tu rn ing officer (as the case may be) in pursuance of subsection five of

section

section four teen ; and in a second separa te parcel all other p a p e r s a n d records used by the Clerk in connec­ tion wi th the tak ing of the bal lo t ;

(ii) by inser t ing in p a r a g r a p h (c) of the same

section af ter the word " e l e c t i o n , " the w o r d s

" t h e number of spoilt b a l l o t - p a p e r s " ;

(d) by inserting at the end of section twenty-two the following new subsection:—

(4) This section shall not extend to the dis­ p lay of a bal lot-paper to the Clerk for the p u r ­ pose of satisfying him, in accordance with sub­ section three of section nineteen of this Act, t h a t the bal lot-paper has been spoilt by mis take o r accident.

6. The Const i tut ion F u r t h e r Amendment (Legis la t ive

Council Elect ions) Act, 1982, is fur ther amended:—

(a) (i) by omit t ing from p a r a g r a p h (a) of section

twenty- three the words "p re sc r ibed	official
m a r k , " and by inser t ing in lieu thereof	t h e

w o r d s " s i g n a t u r e of the C l e r k " ;

(ii)   by inserting at the end of the same section the following new subsection:—

(2) A bal lot-paper shall not be inval id for any reason other than the reasons speci­ fied in this section, but shall have effect according to the elector 's intention, so f a r as his intent ion is clear.

(b)	(i)	by inser t ing in p a r a g r a p h (a) of sub-section,
one of section twenty-four after the word " presence " the words " and subject to the
inspection ' ' ;

(ii)   by inserting at the end of subsection one of

section twenty-four the following p a r a ­

g r a p h s :—

No person other than a candidate or a pe r son author ised by the r e t u r n i n g officer, shall be entit led to be presen t a t the proceed­ ings re fer red to in p a r a g r a p h (a) of t h i s subsection.

A n y

Any person present at such proceeding's who interferes with any bal lot-papers, docu­ ments or records, in use a t such proceed­ ings, or obstructs the conduct of the proceed­ ings, or d is t rac ts the at tent ion of the r e tu rn ing officer or any of his ass is tants , and who refuses on being required by the re tu rn ing officer, or any person act ing under the direction or au thor i ty of the r e tu rn ing officer, to desist from such interference, obstruction or dis t ract ion may be removed by or under the direction of the r e tu rn ing officer from the place a t which such proceed­ ings a re being conducted, and shall be liable on summary conviction to a pena l ty not exceeding ten pounds.

( i i i)    by omit t ing from subsection four of the same section the words " i n or to the effect of the

prescr ibed f o r m " ;

(iv)   by omitting subsection five of the same sec­ tion and by inser t ing in lieu thereof the following subsection:—

(5) The re tu rn ing officer shall indorse upon, or a t tach to, the wri t , a copy of the certificate, and (in the case of an election a t which more than one seat is to be filled) shall also at tach a copy of the resul t sheet men­ tioned in the Second Schedule to this Act, and shall re turn the writ , with the documents

the time specified in the wri t . (if any) so at tached, to the Governor, within

7. The Const i tut ion F u r t h e r Amendment (Legislat ive

Council Elect ions) Act, 1932, is fur ther amended—

(a) (i) by omit t ing from section thir ty-one the words " election of the sixty Members who a re to be elected in pursuance of section 17A of the Pr inc ipa l Act for the first const i tut ion of the Legislat ive Council ' ' and by inser t ing in lieu thereof the words " four elections re fe r red to in section 17D of the Pr inc ipa l

Act " ;

( i i )

(ii)   by inserting at the end of the same section the words ' ' and such modifications and amendments shall apply to a n d in respect of those four elections only ' ' ;

(b)	by omitting from subsection two of section thirty- two the words ' ' re fer red to in section 17D of the
Pr inc ipa l Act ' ' ;
(c)	by inserting at the end of subsection one of section thir ty-four the following words " a n d the day of the ballot for the first of the four elections shall be a day not ear l ier t han the seventh day
af ter the day of n o m i n a t i o n " ;
(d)	by inserting next after section thirty-five the following new sect ion:—

35A. (1) The r e tu rn ing officer shall at noon on the day of nominat ion, or as soon as pract icable thereaf ter , and a t the place for receiving the nominat ion pape r s , announce tha t ballots for each of the four elections will be taken, and the names of the persons who have become can­ didates for the four elections, and shall also for thwith publish in the Gazette and in one or more daily newspapers a like announcement.

(2) Subsection one of this section shall be read in lieu of subsection two of section th i r teen of this Act.

(e) (i) by omit t ing from subsection one of section

thi r ty-s ix the words " i n or to the effect of

the prescr ibed f o r m " ;

(ii)   by omitting subsection two of the same section and by inser t ing in lieu thereof the following subsection:—

(2) The re tu rn ing officer shall a t tach to the wr i t a copy of the certificate, and shall also a t tach a copy of the resul t sheet men­ tioned in the Second Schedule to this Act re la t ing to each of the four elections, and shall r e t u r n the wr i t with the documents so at tached, to the Governor , within the t ime specified in the wri t .

(f)

(f) by inserting after section thirty-six the following new section:—

36A. (1) The Governor may, by proclamation published in the Gazette at any t ime after the day of the ballot for the first of the four elec­ tions and before the day of the ballot for the second of the four elections, amend the wr i t issued for the four elections, by a l te r ing the days of the ballot appointed by such wr i t for the second, third, and four th elections respectively. The proclamat ion m a y fix a la te r bu t not an ear l ie r da te for the day of the ballot for the second of the four elections, and may fix ei ther ear l ier or la ter da tes for the days of the ballot for the th i rd and four th of the four elections than those respectively appointed by the wri t . Upon publication of the proclamat ion in the Gazette the wr i t shall be deemed to be amended accordingly.

(2) The Governor shall by message

addressed to the P res iden t of the Legis la t ive Council and to the Speaker of the Legislat ive Assembly respectively, inform both Houses of the Pa r l i amen t of the issue of the proclamation.

The message shall be accompanied by a copy of the proclamation.

8. The Consti tut ion F u r t h e r Amendment (Legislat ive

Council Elect ions) Act, 1932, is fur ther amended—

(a) by inser t ing after subsection one of section twenty-seven the following new subsections:—

(1A) NO election of a candidate shall be declared void by reason only of the fact tha t at any of the re levant t imes mentioned in subsection three of section thir teen of this Act, such candi­ date died or was not qualified to become a Mem­ ber of the Council, or was disqualified from being a Member of the Council, or was incapable of s i t t ing or vot ing in the Council, but the Court t ry ing the election pet i t ion may declare tha t he vacated his seat in accordance with the provi­ sions of tha t subsection.

( 1 B )

(1B) The val idi ty of any election or r e t u r n

shall not be disputed otherwise than in accord­

ance with this section.

(I)) (i) by omit t ing from subsection one of section

thir ty-seven the words " w i t h i n for ty days

a f t e r " and by inser t ing in lieu thereof the

words " n o t earl ier t h a n " ;

(ii)   by inserting at the end of the same subsec­ tion the words " a n d not la ter than the

for t ie th day after the day so a p p o i n t e d " ;

(c) by inserting after subsection two of section thir ty-seven the following new subsect ions:—

(3) W h e r e in accordance wi th the provisions of p a r a g r a p h (a) of subsection one of section twenty-seven of this Act, the Court declares the election of a candidate at any of the four elec­ t ions to be void, the Cour t shall declare tha t such one as just ice may require of the candidates not r e tu rned as elected at tha t election, was elected; and if the candidate so declared by the Court to have been elected was re tu rned as elected a t another of the four elections, the Court shall declare the seat to which he was so r e tu rned as elected to be vacant .

(4) Subsection three of this section shall be read in lieu of p a r a g r a p h (b) of subsection one

of section twenty-seven of this Act.

9. The Const i tut ion F u r t h e r Amendment (Legislat ive

Council Elect ions) Act, 1932, is fur ther amended—

(a) (i) by inser t ing a t the end of p a r a g r a p h (b) of

Rule four of Division 1 of the Second Sche­ dule the following proviso—

Prov ided tha t where there is a b reak in the consecutive number ing of preferences marked on a bal lot-paper (other than a break render ing the bal lot-paper invalid in pursuance of p a r a g r a p h (e) of subsection one of section twenty- three of this Ac t ) , only those preferences preceding the break shall be taken into account.

(ii)

(ii)   by omitting from Rule seven of Division 1 of the same Schedule the words " The expres­ sion 'de te rmine by lo t ' shall have the mean­ ing ascribed to it in Division 2 of this Schedu le" and by inser t ing in lieu thereof the following words :—

" T h e expression ' d e t e r m i n e by l o t '

means determine in accordance with the

following direct ion:—

The names of the candidates concerned having been wri t ten on similar slips of paper , and the slips having been folded so as to prevent identification and mixed and d rawn at random, the candidate or candidates shall be excluded in the order

in which their names a r e d r a w n . "

(b) by inser t ing at the end of Rule three of Division 2 of the same Schedule the following defini­ tion :—

I n this rule " n u m b e r " includes nil.

(c) (i) by inser t ing af ter Rule three of Division 2 of the same Schedule the following new ru l e :—

3A. (a) Except as provided in p a r a g r a p h

(b) of this rule it shall not be necessary to a r r a n g e on the order of preferences the names of candidates for whom no first p re ­

ferences have been recorded. (b) (i) If a value is credited to any	such candidate at the end of any count, the
name of that candidate shall be placed on the order of preferences next af ter the last name
a l ready appear ing thereon.
(ii) If two or more such candi­ dates a re credited for the first t ime with a value at the same count, and the values so credited to those candidates are unequal, the candidates shall be a r r anged on the order of preferences in the order of the values so

credited

credited to them, beginning with the candi­ date who has the highest value so credited to him.

(iii) If two or more such candidates a re credited for the first t ime with a value at the same count, and the values so credited to those candidates are equal, the r e tu rn ing officer shall a r r ange those candidates as amongst themselves on the order of prefer­ ences in accordance with the method pro­ vided by rule three in relat ion to equal candidates .

(ii)   by inserting in Rule ten of the same Division

af ter the words " t h e r e tu rn ing officer shall

e x c l u d e " the words " i n one operat ion, all candidates who have no value then credited to them, and such operat ion shall be deemed to lie a separa te count. H e shall then e x c l u d e " ;

(iii)   by omitting from Rule thirteen of the same Division the words " t o each candidate a t the end of tha t c o u n t " and by inser t ing in lieu thereof the words " a t the end of tha t count to each candidate whose value was affected

at tha t c o u n t " ;

(iv)    by inser t ing a t the end of p a r a g r a p h (c) of Rule fourteen of the same Division the

following p rov i so :—

Prov ided tha t where there is a break in the

consecutive number ing of preferences
marked on a bal lot-paper (other than a break render ing a bal lot-paper invalid in pursuance of p a r a g r a p h (e) of subsection one of section twenty- three of this Ac t ) , only those preferences preceding the break shall be taken into account.
(v)	by omitting from the definition of the expres­ sion " d e t e r m i n e by l o t " in p a r a g r a p h (k) of Rule fourteen of the same Division all w o r d s f o l l o w i n g the w o r d s " s l i p d r a w n f i r s t " ;

(vi)

(vi)   by omitting the appendix to the Second

Schedule and by inser t ing in lieu thereof the

following appendix :—

APPENDIX.

FORM OK R E S U L T S H E E T .

Election of Members of the Legislative Council—Result Sheet.

N u m b e r of valid votes

Ful l to ta l value of valid votes
N u m b e r of Members to be elected

Quota (value sufficient to secure the election of a candidate)

Count No.

Count No.	*
* Count No.

Count No.	*
*

Indication of	Count No.
Count No. *

*	Count No.
Count No. *

*

e
e

e	Exclusion or
nc
nc
nc	.
.
.
es
es
es Count No.

Count No.	*
* Count No.

Count No.	*
*

Election of

re
re

re	ot
ot
ot Count No.

Count No.	*
* Count No.

Count No.	*
*

Can did ate 8.

fe
fe

fe	Count No.
Count No. *

*	Count No.
Count No. *

*

V
V
V

re
re

re	f
f
f
P
P

o	* Here
* Here indicate

indicate	* Here
* Here indicate

indicate

P	s
s o

o

ue	nature of opera
nature of opera nature of opera­

st	a
a ue

nature of opera­

st
st

ue

.
.
.

d
d

es	ch
ch
hi
hi

Candidate.	ir
ir
ir es

es

te	w
w al

al	tion.
tion. whether

whether	tion,
tion, whether

whether

te

al

Candidate.
Candidate.

ot
ot

ot	ec
ec n

n	distribution of a
distribution of a distribution i>f a

distribution i>f a

F	Insert
Insert tio

tio

F
F

w	ff
ff V

w

V	surplus or ex­
surplus or ex­ surplus or ex-

surplus or ex-

V

f
f

f	V
V
V word

d. .

.
.

word	t
t e

e	ec
ec d.

clusion of a can­

clusion of a can­	elusion of a can­
elusion of a can­ al

al
al

o
o

o	Excluded
Excluded a

El	—
—
—

a	s
s El
a	re
re nt

nt

nt	didate.
didate. didate.

didate.	ot
ot
ot

r	nt
nt a

r
r

be	or
or

be
be

ch	cu
cu ou

ou	w
w ch

ou

ou ! ]

ou

Elected
Elected

T
T
T

se
se

ed

ed

o.

o.

hi
hi

on
on

f

C
C

as may be
as may be

t.

um
um
um

t.

f

C
C
C

rr

rr

.

ck
ck
ck

.

o

si
si

o

f
f

es

ul

N

ul

es

N

w
w

necessary.
necessary.

st
st
st

fe

fe

ue

ue

o
o

lu
lu

nt

he
he
he

nt

ot

ot

t
t

N
N
N

es

es

ns

ns

a	ir
ir
ir al al

.

.	xc
xc a

No

No ou

ou

or	ra	V	R	ra	V	R	C
C
C

or

E	F
F
F V V

E

C T C T

Value of non- t r a n s ferable
papers	not
effective.

Loss of value

owing to (Us - regard of frac-

tions.

Totals

(Signature) Returning Officer.

S U P P L Y