Elections Act 1983 (Qld)

307 Owtug1M2th ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 31 of 1983 An Act to consolidate and amend the law relating to Parliamentary elections [ASSENTED TO 22ND APRIL, 1983]

308 Elections Act 1983, No. 31 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Elections Act 1983. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-ADMINISTRATION; PART III "ELECTORAL ROLLS; PART IV--ENROLMENT QUALIFICATIONS AND DISQUALIFICATIONS; PART V-ENROLMENT; PART VI-NOMINATION, POLLING, AND CONDUCT OF ELECTIONS GENERALLY; PART VII-PUBLICATION OF RESULTS AND RETURN OF WRITS OF ELECTION ; PART VIII-SUPPLEMENTAL PROVISIONS; PART IX-ELECTIONS TRIBUNAL; SCHEDULE. 4. Repeals. The Acts specified in the Schedule are repealed as and to the extent indicated therein. 5. Interpretation . In this Act, unless the contrary intention appears- " absent vote " means a vote cast by an elector as herein prescribed- (a) in the presence of an electoral visitor; (b) before polling day in the presence of a prescribed electoral registrar or returning officer or by postal voting; (c) on polling day at a polling booth that is not a polling booth for the district for which the election is held; or (d) pursuant to the provisions of section 83: and the term " absent voter " shall be construed accordingly; " absolute majority of votes " means a number of votes greater than one-half of the number of all the electors who vote at an election, exclusive of electors whose ballot-papers are rejected; but the casting vote of the returning officer, when given, shall be included in reckoning an absolute majority of votes;

Elections Act 1983, No. 31 309 "Australian citizen " means a person who is or is deemed to be an Australian citizen under the provisions of the AustralianCitizenship Act1948 of the Commonwealth as amended; " claim " means a claim by a person to have his name inserted in an electoral roll; " corrupt practice " means any of the offences of treating, undue influence, bribery or personation as set out in Chapter XIV of The Criminal Code; " election " means the election of a member of the Legislative Assembly; " election petition " or " petition " means a petition relating to an election, as provided in Part IX; " Elections Tribunal " or " Tribunal " means the Elections Tribunal constituted under Part IX; " elector " means a person named as such in a roll; electoral district " or " district " means an electoral district appointed by law to return a member to the Legislative Assembly. Where necessary, the term includes an electoral division of a district; " Judge " means the Judge of the Supreme Court for the time being constituting the Elections Tribunal; " Minister " means the Minister for Justice and Attorney-General or other Minister of the Crown for the time being charged with the administration of this Act. The term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " nomination day " means the day named in the writ for nomination of candidates at an election; " poll clerk " means the officer appointed by the returning officer to assist himself or the presiding officer in taking the poll at any polling booth or in carrying out any of his other duties under this Act; " polling day " or " day of polling " means the day named in the writ for taking the poll in relation to an election in the event of the election being contested; " prescribed electoral registrar " has the meaning assigned to it in section 84 (2); " presiding officer " means the returning officer or other person duly appointed under this Act to preside and take the poll at any polling booth appointed for the district, or the substitute duly appointed of either; " reference " means a question referred to the Elections Tribunal by the Legislative Assembly, as provided in Part IX; " Registrar " in relation to the Elections Tribunal, means the Registrar of the Supreme Court;

310 Elections Act 1983, No. 31 " roll " means the electoral roll of electors entitled to vote at the election of a member of the Legislative Assembly for the district in question; " Rules of Court " means Rules of Court made under the authority of section 175. The term includes any general rules and orders for the time being remaining in force under subsection (5) thereof; " scrutineer " means a person appointed by a candidate to act as scrutineer on his behalf during the election at which he is a candidate; " sitting member " means the member of the Legislative Assembly whose election or return or qualification is sought to be affected by an election petition or a reference; " Speaker " means the Speaker of the Legislative Assembly for the time being. PART 11-ADMINISTRATION 6. Principal electoral officer . (1) The Governor in Council may appoint a principal electoral officer who shall- (a) be appointed and hold office under the Public Service Act1922-1978; (b) have the powers and functions and shall perform the duties conferred or imposed on him under this Act. (2) The principal electoral officer- (a) may make or cause to be made such inquires and investigations as he thinks necessary for the effectual execution of his powers, functions and duties and those of electoral registrars; (b) may require any original claim or a copy of any notice or other document to be sent to him by an electoral registrar. (3) Whenever by reason of the absence or illness of the principal electoral officer or for other sufficient cause it is expedient so to do, the Governor in Council may appoint a person to act as principal electoral officer, and while that person so acts he shall have all the powers and functions and shall perform all the duties of the principal electoral officer and for the purposes of this Act shall be deemed in all respects to be the principal electoral officer. (4) The person who immediately before the commencement of this Act holds the office of principal electoral officer shall, subject to the Public Service Act1922-1978, continue on such commencement to hold the office of and to be the principal electoral officer for the purposes of this Act. 7. Electoral registrars . (1) The Governor in Council may appoint one or more electoral registrars for any electoral district or, where an electoral district is divided, for any division thereof.

Elections Act 1983, No. 31 311 (2) The same person may be appointed an electoral registrar for- (a) an electoral district and a division of an electoral district; (b) two or more electoral districts; (c) two or more divisions of electoral districts, whether or not the divisions are divisions of the same electoral district. (3) Any appointment as electoral registrar under this section may, if the Governor in Council thinks fit, be made by the appointment as electoral registrar of the holder for the time being of an office under the Crown in right of the State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office shall, without further appointment or other authority and while he holds or occupies or performs the duties of that office, be an electoral registrar in terms of such appointment. (4) Every electoral registrar shall have the powers and functions and shall perform the duties conferred or imposed upon him by this Act under the general supervision and direction of the principal electoral officer. (5) All electoral registrars holding office immediately before the commencement of this Act continue on such commencement to hold their offices as electoral registrars and shall be taken to have been appointed under this Act. 8. Chief returning officer . (1) The Governor in Council may appoint, by commission under his hand and the public seal of the State, a person who is not under the age of 18 years to be chief returning officer. (2) The appointment shall be notified in the Gazette. (3) If the appointee is an officer of the Public Service, he may hold his appointment in conjunction with any other position in the Public Service. (4) The chief returning officer shall have the powers and functions and shall perform the duties conferred or imposed on him under this Act. (5) In case of sickness or any other cause preventing the chief returning officer from carrying out his duties, the Governor in Council may appoint a person to deputize for him; and while he so deputizes for the chief returning officer he shall be deemed in all respects to be the chief returning officer for the purposes of this Act. 9. Returning officers. (1) The Governor in Council may appoint, by commission under his hand and the public seal of the State, a person who is not under the age of 18 years to be returning officer for each electoral district. (2) Every such appointment shall be notified in the Gazette. (3) A returning officer shall have the powers and functions and shall perform the duties conferred or imposed on him under this Act and shall be subject to the supervision and direction of the chief returning officer.

312 Elections Act 1983, No. 31 (4) In case of sickness or any other cause preventing a returning officer from carrying out his duties, the Governor in Council may appoint a person to deputize for him; and while he so deputizes for the returning officer he shall be deemed in all respects to be the returning officer for the electoral district in question for the purposes of this Act. (5) All returning officers holding office immediately before the commencement of this Act continue on such commencement to hold their offices as returning officers and shall be taken to have been appointed under this Act. 10. Returning officers , etc., to make declaration . (1) Every person appointed a returning officer, a presiding officer or a poll clerk under this Act shall make and subscribe a solemn declaration in the prescribed form before he enters on the duties of such office. (2) The solemn declaration shall be made and subscribed before a justice of the peace or, in the case of a presiding officer or poll clerk appointed in respect of a polling booth at which a justice of the peace is not available, before an elector. (3) Every presiding officer or poll clerk, upon making and subscribing the solemn declaration, shall transmit it forthwith to the returning officer of the district in question, and the returning officer shall transmit it to the Clerk of the Parliament at the same time as he transmits the packet referred to in section 107 (1) in compliance therewith. The Clerk may cause any such declaration to be destroyed at the time of the destruction of the packet in accordance with that section. (4) Each returning officer shall, within seven days after the receipt by him of notification of his appointment, transmit the solemn declaration made and subscribed by him under this section to the chief returning officer. 11. Assistants to returning officers and electoral registrars . (1) The Governor in Council may appoint a person or persons to assist any returning officer or electoral registrar by exercising or performing any power, function or duty conferred or imposed on the returning officer or electoral registrar under this Act. (2) The appointment shall be notified in the Gazette and the notification shall specify the power, function or duty that the person named therein is thereby appointed to exercise or perform. (3) The power, function or duty may be specified by reference to the section or provision of this Act (or the provision of the regulations under this Act) conferring or imposing the same or in any other manner sufficiently designating the same. (4) The appointment may be limited as to time, place or any other circumstance as specified in the notification in question.

Elections Act 1983, No. 31 313 (5) A person appointed under this section may exercise or perform in his own name any power, function or duty specified in the notification of his appointment, but he shall do so under the control and direction of the returning officer or electoral registrar whom he has been appointed to assist. (6) A power, function or duty exercised or performed in the name of a person appointed under this section to exercise or perform that power, function or duty shall be presumed to have been exercised or performed by that appointee until the contrary is proved. (7) The appointment of a person under this section does not prevent the returning officer or electoral registrar in question from himself exercising or performing the power, function or duty specified in the notification of that person's appointment. 12. Electoral districts may be divided , etc. (1) The Governor in Council may by Order, in Council published in the Gazette- (a) divide an electoral district into divisions; (b) re-divide an electoral district into divisions; (c) abolish the divisions of an electoral district; (d) alter the boundaries of divisions of an electoral district by including in one division part or parts of another division and by excluding such part or parts from such other division; (e) combine two or more divisions of an electoral district. (2) The Governor in Council may in an Order in Council made under subsection (1) or in a separate Order in Council give such orders or directions as he may consider necessary or expedient to give effect to the Order in Council under subsection (1), including all necessary consequential changes in enrolment of electors; and effect shall be given forthwith to any such order or direction. (3) The divisions of an electoral district immediately before the commencement of this Act shall on such commencement be and remain the divisions of that electoral district until the Governor in Council provides otherwise in accordance with this section. 13. Polling booths. (1) Subject to this section, the Governor in Council may appoint, alter and abolish polling booths for taking the poll for a district at a general election or a by-election. (2) A polling booth for a district may be either within or outside the limits of that district, and one and the same place may be appointed as a polling booth for two or more districts. (3) Every appointment, alteration or abolition of a polling booth shall be notified in the Gazette with sufficient particularization to identify the location of the polling booth and shall not be valid unless so notified not less than eight clear days before the day appointed for taking the poll at the general election or, as the case may be, by-election to which the notification relates. (4) The notification or a separate notification shall identify any place appointed for the time being as a polling booth for two or more districts.

314 Elections Act 1983, No. 31 PART III-ELECTORAL ROLLS 14. Electoral rolls. (1) There shall be an electoral roll of the electors in each electoral district. (2) Until new rolls are prepared, the rolls in existence at the commencement of this Act shall, as altered from time to time, be the rolls of electors. 15. General rolls and supplemental rolls. (1) There shall be general rolls and supplemental rolls to the general rolls. (2) A general roll for a district shall contain the names registered up to the prescribed date. (3) The electoral registrar of each district or division and each returning officer shall on or before the fifth day after the prescribed date or on or before such earlier day after the prescribed date as is directed by the principal electoral officer either generally or in any particular case (which direction may be given by the principal electoral officer at any time) transmit all claims and applications pursuant to sections 26, 27, 28 and 29 received by him up to the prescribed date to the principal electoral officer who, after having received the said claims and applications for the whole of each district concerned, shall, with as little delay as possible, cause to be printed a sufficient number of copies of a general alphabetical roll of electors of the whole district numbered in regular arithmetical order. Such rolls shall be known as " general rolls ". (4) The general roll for each district shall be prepared and published in accordance with this Act up to a date determined by the Minister from time to time (he being hereby thereunto authorized), notification of which date shall be published in the Gazette, and the date so determined shall be the prescribed date referred to in subsection (2) for the purposes of that subsection. (5) The Minister shall determine dates pursuant to subsection (4) so that not more than 12 months shall elapse between prescribed dates. (6) Supplemental rolls of all names entitled under this Act to be added to the rolls since the previous general roll shall be prepared and, wherever practicable, printed immediately previous to a general election or to a by-election in any particular district or at any time whenever the Minister so directs. (7) If it is not practicable to print a supplemental roll or any part thereof, such roll or part may be written or typewritten in the form of a roll. (8) The names in all supplemental rolls shall be placed together in alphabetical order and the numbers in each such roll shall follow in consecutive arithmetical order after the numbers in the last preceding general roll. (9) The general roll, with the supplemental rolls for the district concerned, shall be the existing roll for that district within the meaning and for the purposes of this Act.

Elections Act 1983, No. 31 315 16. Declaration of validity of rolls notwithstanding certain defects. (1) Where with respect to any of the names upon the general roll or supplemental roll comprised in the roll of electors entitled to vote at an election for a district the provisions of section 15 have not been complied with in every respect by reason that those names have not been- (a) placed together in regular alphabetical order; or (b) numbered in regular arithmetical order or where the address or occupation printed in relation to any name upon a general roll or supplemental roll as aforesaid is in any way incomplete or incorrect by reason of official mistake or error, the Governor in Council may, upon being satisfied- (i) in respect of a non-compliance as aforesaid that the irregularity in the alphabetical placing or arithmetical numbering, or both, of the names concerned is of such a nature as not to be likely to mislead; or (ii) that the incompleteness or incorrectness in respect of the address or occupation, or both, of a name as aforesaid is not likely to mislead, by Order in Council published in the Gazette, declare the general roll or supplemental roll in question to be validly comprised in the roll of electors entitled to vote at the election concerned. (2) Every such Order in Council shall state specifically the nature of the non-compliance, incompleteness or incorrectness as aforesaid. 17. Form of rolls. (1) The rolls shall- (a) be in the prescribed form; (b) describe the surname, christian names, sex , place of living and occupation of each elector; and (c) contain such other particulars as are prescribed. (2) Where a district is divided, the names of the electors for each electoral division shall be placed together in alphabetical order so as to form a distinct portion of the roll for the district, which portion shall constitute and may be referred to as a " divisional roll ", and each such portion shall be designated by the name assigned to that division, but the numbering in arithmetical order hereinbefore prescribed shall be preserved throughout the roll for the district. 18. Inspection of rolls. (1) The last printed copies of each roll shall be open for public inspection, without fee, at such places within each electoral district as the principal electoral officer directs. (2) Every roll kept by an electoral registrar shall be open to public inspection without fee at such times and places as are prescribed. 19. Copies of roll may be purchased . Copies of a roll referred to in section 18 (1) shall be obtainable, on payment of the price prescribed, at such places within the electoral district to which the roll relates as the principal electoral officer directs.

316 Elections Act 1983, No. 31 20. Officers and others to furnish information . (1) All officers in the service of the Government of the State, all members of the police force and all officers of Local Authorities and other local governing bodies are authorized and required to furnish to the principal electoral officer and to every electoral registrar such information and assistance as he requires to enable him to prepare or revise the rolls. (2) Members of the police force and persons authorized by the Minister for the purpose shall, when directed by the Minister, deliver forms of claim and application to transfer, collect the completed forms, and deliver them to the proper electoral registrars or to the principal electoral officer. PART IV-ENROLMENT QUALIFICATIONS AND DISQUALIFICATIONS 21. Persons entitled to enrolment . (1) Subject to the disqualifications set out in this Act, every person not under 18 years of age- (a) who is an Australian citizen; or (b) who is a British subject (other than an Australian citizen) who was, at some time within the period of 3 months immediately preceding the commencement of this Act, enrolled on the roll for a district or enrolled in any other State or any Territory of the Commonwealth as an elector for the House of Representatives and who has lived in a district for a period of 3 months continuously immediately preceding the day on which he makes his claim to be enrolled as an elector for such district is qualified for enrolment and entitled to be enrolled on the roll for the district in which he lives, subject to Part V. (2) The enrolment shall be on the divisional roll for the division in which the person lives in a case where the district is divided into divisions. (3) A person shall not have his name placed on more than one roll. (4) A person shall not have his name placed on a roll other than a roll for the district or division in which he lives save that he may have his name placed or retained on the roll for the district or division where his real place of living is in lieu of the roll for the district or division in which he lives, in which case he shall for the purposes of this Act be deemed to live in the district or division where his real place of living is. In this subsection, " real place of living " means the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat. (5) A member of the Legislative Assembly is entitled, notwithstanding subsection (4) or any other provision, if he so desires, to have his name placed or retained on the roll for the district he represents instead of the roll for the district in which he lives.

Elections Act 1983, No. 31 317 22. Qualifications of certain Defence Force members. (1) A person whose real place of living is in Queensland who- (a) is 18 years of age or over; (b) is not an elector; (c) is a member of the Defence Force on service outside the Commonwealth; (d) has lived in a district for a period of 3 months continuously; and (e) is an Australian citizen shall, for the purposes of this Act, be deemed to be an elector and, subject to section 23, is entitled to a postal vote at an election under this Act as if his name appeared on the roll for the electoral district in which his real place of living is situated. (2) In this section, the expression " real place of living " means the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat. 23. Disqualifications . A person is not qualified to be enrolled on any roll and is not entitled to vote at any election if he- (a) is mentally ill and incapable of managing his estate; or (b) in the State or elsewhere, has been convicted of an offence punishable by imprisonment for one year or longer, has been sentenced to imprisonment in respect of that offence and is in prison serving that sentence. 24. Principal electoral officer to remove names from roll. The principal electoral officer shall remove from a roll the name of an elector who is or becomes subject to any disqualification referred to in section 23 as soon as the disqualification comes to his notice. PART V-ENROLMENT 25. Addition of names to rolls. New names may be added to rolls pursuant to- (a) claims; (b) applications to transfer. 26. Claims for enrolment . (1) Subject to this Act- (a) where a district is divided, any person- (i) qualified to be enrolled; and (ii) who lives in a division of the district is entitled and may claim to have his name placed on the divisional roll for the division; (b) where a district is not divided, any person- (i) qualified to be enrolled; and (ii) who lives in the district is entitled and may claim to have his name placed on the roll for the district.

318 Elections Act 1983, No. 31 (2) A claim shall be in the prescribed form and shall be signed by the claimant and witnessed by- (a) any elector, who shall record his electoral district after his name; or (b) any other person prescribed, and shall be sent to an electoral registrar, a returning officer or to the principal electoral officer. 27. Registration of claims . (1) An electoral registrar or a returning officer, in a case where the claim is sent to him, shall note on the claim the date and time of its receipt by him and shall forward the claim to the principal electoral officer. (2) On receipt of the claim from an electoral registrar, a returning officer or the claimant, the principal electoral officer, if satisfied that the claimant is entitled to be enrolled, shall, pursuant to the claim- (a) enter the name of the claimant and the particulars relating to him on the roll or divisional roll in question; and (b) notify, in the manner prescribed, the claimant and the electoral registrar keeping the roll or divisional roll, as the case may be, on which the claimant claims to be enrolled with respect to the claim. 28. Right to transfer . (1) Any elector whose name is on the roll for any district and who lives in any other district, and has so lived for a period of three months last past, is entitled to and may make application in the prescribed form to transfer his name to the roll for the district in which he lives. (2) The application shall be signed by the elector and witnessed by- (a) any elector, who shall record his electoral district after his name ; or (b) any other person prescribed, and shall be sent to an electoral registrar, a returning officer or to the principal electoral officer. (3) An electoral registrar or a returning officer, in a case where the application is sent to him, shall note on the application the date and time of its receipt by him and shall forward it to the principal electoral officer. (4) On receipt of the application from an electoral registrar, a returning officer or the applicant, the principal electoral officer, if satisfied that the applicant is entitled to the transfer, shall, pursuant to the application- (a) enter the name of the elector and the particulars relating to him on the roll for the district in which he lives; (b) remove the name of the elector and the particulars relating to him from the roll on which his name then is; and (c) notify the elector and the electoral registrars whose rolls are affected by the transfer in the manner prescribed,

Elections Act 1983, No. 31 319 and the electoral registrar keeping the roll from which the name of the elector is being transferred shall thereupon remove the name of the elector and the particulars relating to him therefrom. 29. Change to another divisional roll. (1) Any elector whose name is on a divisional roll and who lives in another division of the same district is entitled to and may make application in the prescribed form to have his name changed to the divisional roll of the latter division. (2) The application shall be signed by the elector and witnessed by- (a) any elector, who shall record his electoral district after his name; or (b) any other person prescribed, and shall be sent to an electoral registrar, a returning officer or to the principal electoral officer. (3) An electoral registrar or a returning officer, in a case where the application is sent to him, shall note on the application the date and time of its receipt by him and shall forward it to the principal electoral officer. (4) On receipt of the application from an electoral registrar, a returning officer or the applicant, the principal electoral officer, if satisfied that the applicant is entitled to the change, shall, pursuant to the application- (a) enter the name of the elector and the particulars relating to him on the divisional roll for the division in which he lives; (b) remove the name of the elector and the particulars relating to him from the divisional roll on which his name then is; and (c) notify the elector and the electoral registrars whose rolls are affected by the change in the manner prescribed, and the electoral registrar keeping the divisional roll from which the name of the elector is being changed shall thereupon remove the name of the elector and the particulars relating to him therefrom. 30. Effective date of enrolment or transfer or change of name. (1) Subject to subsection (2), where- (a) the name of a claimant is entered on a roll or divisional roll; (b) the name of an applicant for transfer of his name to the roll for the district in which he lives is entered in that roll; (c) the name of an applicant for change of his name to the divisional roll for the division in which he lives is entered on that roll pursuant to this Part, the effective date of entry in each case shall be deemed to be the date of receipt of the claim or application by the electoral registrar or the returning officer to whom it was sent or, where it was sent to the principal electoral officer, the date of receipt by him. (2) Where a claim or application is received by- (a) an electoral registrar or a returning officer;

320 Elections Act 1983, No. 31 (b) if sent by the claimant or applicant to the principal electoral officer, the principal electoral officer after the issue of the writ for an election and, pursuant to section 35, no addition to or alteration of the roll is made before the close of polling at the election, except under section 34, the effective date of entry of the name of the claimant or applicant shall be the date on which the entry is actually made. (3) For the purposes of this section, a writ shall be deemed to have been issued at five o'clock in the afternoon of the day on which the writ was issued. 31. Where claimant or applicant not living at address shown in claim or application . (1) If an electoral registrar or a returning officer has reason to believe, in a case where a claim is sent to him pursuant to section 26 or an application is sent to him pursuant to section 28 or 29, that the claimant or applicant is not living at the address shown on the claim or application, he shall forward the claim or application to the principal electoral officer together with advice in writing of the grounds for believing the claimant or applicant is not living at the address shown on the claim or application. (2) If the principal electoral officer has reason to believe, upon receipt of the claim or application from an electoral registrar, a returning officer or the claimant or applicant and, in the case of receipt from an electoral registrar or a returning officer, whether or not it is accompanied by any advice in writing referred to in subsection (1), that the claimant or applicant is not living at the address shown on the claim or application, he shall submit the claim or application to any officer, member or person referred to in section 20 who in his opinion is in a position to inquire into the matter of the address of the claimant or applicant. (3) The officer, member or person shall make such inquiries as he is able to make with respect to the address of the claimant or applicant and shall report the result of those inquiries to the principal electoral officer. (4) If the report satisfies the principal electoral officer that the claimant or applicant is not living at the address shown on the claim or application, he shall- (a) not enter the name of the claimant or applicant and the particulars relating to him on the roll for the district or division in which he claims to live; and (b) notify the claimant or applicant, if practicable, and the electoral registrar with respect to the claim or application in the manner prescribed. (5) If the principal electoral officer is satisfied pursuant to a report made under this section that a claimant or applicant is not living at the address shown on the claim or application and the name of the claimant or applicant and particulars relating to him have already been entered on a roll, the principal electoral officer shall remove the name and particulars from the roll in question and shall notify the claimant or

Elections Act 1983, No. 31 321 applicant, if practicable, and the electoral registrar with respect thereto in the manner prescribed; and the electoral registrar shall remove the name and particulars from the roll kept by him if they have been entered therein. (6) Where the name and particulars of an applicant, pursuant to subsection (4), are not entered on a roll or, having been entered, are removed therefrom pursuant to subsection (5), they shall, subject to this Act, be retained or re-entered on the roll for the district or division on which they were at the time of the application if the principal electoral officer is satisfied pursuant to a report made under this section that the applicant is entitled to be enrolled thereon. 32. Compulsory enrolment and transfer . (1) Every person who is entitled to be enrolled as an elector and who is not so enrolled shall fill in and sign, in accordance with this Act, a form of claim for enrolment as an elector, and shall forthwith send or deliver it to an electoral registrar, a returning officer or to the principal electoral officer. (2) Every elector who has ceased to live in the district or division for which he is enrolled, and has changed his place of living to another district or division and is entitled to be enrolled as an elector for such other district or division, shall fill in and sign, in accordance with this Act, a form of application for transfer or change, as the case requires, and shall forthwith send or deliver it to an electoral registrar, a. returning officer or to the principal electoral officer. (3) Every elector who has altered his place of living from the address pertaining to his name on the roll for the district or division for which he is enrolled to another address in the same district or division shall, within 21 days after so doing, fill in, sign and send to an electoral registrar, a returning officer or to the principal electoral officer the prescribed form of notification of change of address. (4) The making of regulations for the purposes of this Act may include the making of regulations, not inconsistent with this Act, for or with respect to- (a) the carrying into effect of a system relating to- (i) the compulsory enrolment of electors; (ii) the compulsory transfer or change of electors from one roll to another; (iii) the compulsory notification of change of address within the same district or division, and prescribing penalties not exceeding $10 for any contravention of or failure to comply with regulations so made with respect to such system; (b) the imposition by the principal electoral officer, with the consent of the offender, of penalties not exceeding $10 for breaches of the regulations relating to- (i) compulsory enrolment of electors;

322 Elections Act 1983, No. 31 (ii) compulsory transfer or change of electors from one roll to another; (iii) compulsory notification of change of address within the same district or division, and prescribing the procedure for the determination by the principal electoral officer of the commission of breaches of the regulations as aforesaid alleged to have been committed, and the recovery of penalties imposed by the principal electoral officer in respect of any such breaches found by him to have been committed. 33. Exculpation of physically disabled or mentally incapacitated persons. Where the principal electoral officer is satisfied that, by reason of physical disability or mental incapacity, a person is incapable of complying with the requirements of section 32 or section 91 or of regulations made for or with respect to compulsory enrolment of electors or compulsory transfer or change of electors from one roll to another roll, the failure of the person to comply with any of such requirements by reason of such disability or incapacity is not an offence under this Act. 34. Alterations of rolls . (1) A roll for a district may be altered at any time before five o'clock in the afternoon of the day on which a writ for an election for that district is issued- (a) by the principal electoral officer or by an electoral registrar pursuant to a power of alteration conferred or imposed by a provision (not being a provision of this section) of this Act; or (b) by the principal electoral officer or, at his direction, by an electoral registrar- (i) by correcting any official mistake or error whereby the name of a person shall have been wrongly placed on or omitted or erased from that roll or pertaining to the address or occupation of a person whose name is upon that roll; (ii) by, on the application of an elector in the prescribed form, changing or correcting his name on a roll or changing or correcting the address or occupation pertaining to his name on a roll; (iii) by striking out the name of any person who, at a time after his name was placed on that roll, shall have become enrolled as an elector for another State of the Commonwealth; (iv) where the name of any person shall be on two or more rolls at any one and the same time, by striking out that name from all of those rolls other than the one of them on which that person last claimed or, as the case may be, applied to have his name placed; (v) in the case of a person whom the principal electoral officer is satisfied would, in the event of an election at the time in question, be incapable by reason of physical disability or mental incapacity of complying with the requirements of section 91, by striking out the name of such person;

Elections Act 1983, No. 31 323 (vi) in the case of a person whom the principal electoral officer is satisfied is deceased or permanently residing outside the State, by striking out the name of such person. Where it is practicable to do so, the principal electoral officer shall send or cause to be sent to the elector concerned notice of any alteration under this subsection indicating the nature of the alteration. (2) The roll of electors entitled to vote at an election for a district may be altered by the principal electoral officer or, at his direction, by a returning officer or electoral registrar after five o'clock in the afternoon of the day of the issue of the writ for that election as hereinafter provided in this subsection but not otherwise, that is to say- (a) by adding to that roll any name the addition of which thereto is authorized under section 35, section 41 (3), section 43 (5) or section 91 (19); (b) by striking out from that roll any name added to another roll under the authority of section 35, section 41 (3) or section 91 (17); (c) by changing from one to another divisional roll any name or by altering in any roll or divisional roll the address pertaining to any name where the registration of that change or alteration is authorized under section 35; (d) by striking out from that roll the name of any deceased person of whose identity the principal electoral officer is satisfied; (e) by striking out from that roll the name of any person of whose identity the principal electoral officer is satisfied and in respect of whom section 24 requires the principal electoral officer to remove the name; (f) by striking out from that roll the name of any claimant for enrolment or applicant for transfer or change of name where the principal electoral officer is satisfied pursuant to section 31 that the claimant or applicant is not living at the address shown on the claim or application but whose name has already been entered on the roll, and in respect of whom subsection (5) of that section requires the principal electoral officer to remove the name ; (g) by correcting any official mistake or error whereby the name of a person shall have been wrongly placed on or struck out from that roll. (3) The principal electoral officer shall forthwith send or cause to be sent to the elector concerned notice of any alteration under paragraph (b) or paragraph (c) of subsection (2) indicating the nature of the alteration. (4) (a) A person whose name, by reason of some official mistake or error, shall have been wrongly omitted or erased from any general roll on which he is required by the provisions of section 7 of the City ofBrisbane Act1924-1982 to be registered as living in the Area of the City of Brisbane to qualify to become and to act as an alderman of the said City shall, notwithstanding that he is not registered on the general roll

324 Elections Act 1983, No. 31 in question as living in the Area of the said City ( but subject to that person not being under any of the disabilities specified in section 8 of the said Act ), be and continue to be qualified to become and to act as an alderman as aforesaid as if he were duly registered on the general roll in question as living in the Area of the said City. (b) The production to the person who is the chief returning officer or, for an electoral ward, the returning officer for any election under the City ofBrisbane Act1924-1982 of a certificate purporting to be signed by the principal electoral officer and stating that, by reason of the official mistake or error specified in that certificate , the name of the person named therein was wrongly omitted or , as the case may be, erased from the general roll specified therein shall be accepted by the chief returning officer or returning officer as evidence sufficiently proving the matters certified to in that certificate , and, unless and until evidence in rebuttal of such a certificate is supplied to him, the chief returning officer or returning officer shall not require any of the matters certified as aforesaid to be proved by any other evidence. (5) (a) A person whose name, by reason of some official mistake or error, shall have been wrongly omitted or erased from any roll on which he is required by the provisions of section 7 of the Local Government Act 1936-1982 to be enrolled- (i) on 31 December immediately preceding any triennial election to qualify him, in respect of that triennial election; or (ii) in the case of any election other than the triennial election, on a day not later than 30 clear days before the day on which the election is to be held to qualify him, in respect of that election, to be nominated as a candidate and to be elected or appointed and to act as chairman or member of any Local Authority shall, notwithstanding that he is not enrolled on the roll in question (but subject to that person not being under any of the disabilities specified in subsection (2) of the said section 7), be and continue to be qualified to be nominated as a candidate and to be elected or appointed and to act as chairman or member of the Local Authority in question as if he had been duly enrolled on the roll in question on 31 December immediately preceding the triennial election in question or, in the case of any election in question other than a triennial election, on the day 30 clear days before the day on which the election is to be held. (b) The production to the person who is the returning officer for any triennial election or election other than the triennial election under the Local Government Act 1936-1982 in any Area of a certificate purporting to be signed by the principal electoral officer and stating that, by reason of the official mistake or error specified in that certificate, the name of the person named therein was wrongly omitted or, as the case may be, erased from the roll specified therein shall be accepted by the returning officer as evidence sufficiently proving the matters certified to in that certificate , and, unless and until evidence in rebuttal

Elections Act 1983, No. 31 325 of such a certificate is supplied to him, the returning officer shall not require any of the matters certified as aforesaid to be proved by any other evidence. (6) For the purposes of this section- (a) in relation to a mistake or error specified in this section, the term " official " means a mistake or error committed by or in, or by an officer employed in the office establishment of, the principal electoral officer, an electoral registrar, the Registrar- General, the Public Trustee, the State Government Computer Centre or the Comptroller-General of Prisons, or the Government Printer or any of his employees or any other person associated with or engaged in the compilation or printing of any general or supplemental roll of electors, or a mistake or error pertaining to the enrolment of any electors, the conduct of any election or otherwise howsoever to the execution of this Act committed by a returning officer, assistant returning officer, presiding officer, poll clerk, member of the police force or person (in paragraph (b) referred to as an " electoral assistant ") performing any functions in relation to any such matters at the direction of any other person referred to in this paragraph ; (b) the term " mistake or error " means (as well as a mistake or error committed in relation to the roll of electors entitled to vote at a particular election for a district) a mistake or error committed in relation to the compilation of any previous general roll or supplemental roll or roll of electors entitled to vote at a previous election for that district and continued in relation to the compilation of the roll of electors entitled to vote for that district at the particular election concerned, and also a mistake or error committed in relation to the compilation of any list of deceased persons or return of convicted persons or advice relating to any person who is mentally ill and incapable of managing his estate referred to in section 37 and, in relation to any returning officer, assistant returning officer, presiding officer, poll clerk, member of the police force or electoral assistant, the term " mistake or error " means any act or omission that the principal electoral officer is satisfied was committed by that officer, clerk, member or electoral assistant and by reason whereof, the principal electoral officer is further satisfied, the name of a person has been wrongly omitted or erased from any roll hereinbefore mentioned in this paragraph (b), save that the name of a person struck off a roll under section 41 pursuant to an objection by the principal electoral officer shall never, in any case, be deemed to have been omitted or erased from that roll by reason of official mistake or error committed by a member of the police force or an electoral assistant. 35. Time for altering rolls and of issue of writ . (1) Claims for enrolment and applications to transfer or change and notifications of change of address from one to another place of living within a district or

326 Elections Act 1933, No. 31 division received by an electoral registrar, a returning officer or the principal electoral officer before the issue of the writ may be registered after the issue of the writ, but otherwise no addition to or alteration of the roll for any district shall be made during the period between the issue of the writ for an election in the district and the close of the polling at the election, except under section 34. (2) For the purposes of this section, a writ shall be deemed to have been issued at five o'clock in the afternoon of the day on which the writ was issued. 36. Alterations to be initialled . All alterations in a roll shall be made in such a manner that the original entry shall not be obliterated, and the reason for the alteration and the date (and, where pertinent, the time of day) thereof shall be set against the alteration, together with the initials of the officer making the alteration. 37. Furnishing of names by Registrar - General , etc. (1) The Registrar-General shall in each month furnish to the principal electoral officer a list of all deaths of males and females of 18 years and upwards registered by him during the last preceding month; and the principal electoral officer shall strike off the roll the name of every elector who is named in such a list as dead. (2) The superintendent of a prison who receives into his custody from a sentencing authority persons who have been convicted of offences convictions of which disqualify or may disqualify such persons under this Act as electors shall in each month furnish to the principal electoral officer, in the prescribed form, a return of such persons so received into his custody during the preceding month. (3) (a) The Public Trustee shall, as often as is practicable, advise the principal electoral officer of the name and address of any person of or above the age of 18 years who is notified to him under the MentalHealth Act1974-1978 as being mentally ill and incapable of managing his estate. (b) Where it comes to the notice of the Public Trustee that the Supreme Court or a Judge thereof has made a declaration that a person of or above the age of 18 years is mentally ill and incapable of managing his estate, the Public Trustee shall advise the principal electoral officer of the name and, if it is known to him, the address of that person. (c) Upon the authority of the Public Trustee to manage the estate of a person who is mentally ill and incapable of managing his estate ceasing pursuant to clause 2 (2) of the Fifth Schedule to the MentalHealth Act1974-1978 for any reason other than the death of that person, the Public Trustee shall advise the principal electoral officer accordingly and also the reason for such authority so ceasing. 38. Names on roll may be objected to. (1) Any name on a roll may be objected to by objection in writing- (a) made by an elector registered on the same roll or by a prescribed officer and lodged with the principal electoral officer; or

Elections Act 1983, No. 31 327 (b) made by the principal electoral officer. (2) The objection shall be in the prescribed form and signed by the objector. (3) (a) The sum of one dollar or such other amount as may be prescribed shall be deposited in respect of each objection made by an elector registered on the same roll and lodged with the principal electoral officer, to be forfeited to Her Majesty if the objection is held by the principal electoral officer to have been lodged without reasonable ground or cause. (b) A sum is not payable by way of deposit where an objection is made by the principal electoral officer or a prescribed officer. (4) It is the duty of the principal electoral officer to make an objection in writing, setting out the grounds of objection, in respect of any name that he has reason to believe ought not to be retained on the roll. (5) No action shall be taken by the principal electoral officer in respect of an objection made by an elector registered on the same roll and lodged with him if he holds the objection to have been lodged without reasonable ground or cause. (6) Notwithstanding any other provision of this section, no action shall be taken by the principal electoral officer in respect of an objection made by a prescribed officer and lodged with him if he is satisfied that the ground of objection stated in the objection is not a good ground of objection. 39. Notice of objection . (1) Subject to section 38, the principal electoral officer shall forthwith give notice of an objection to the person objected to, which notice shall state the name of the objector. (2) The notice shall be in the prescribed form and shall be given by posting it to the place of abode for the time being of the person objected to if that place of abode is known to the principal electoral officer or, if it is not so known, to the place of living as appearing on the roll. 40. Answer to objection . (1) The person objected to may, orally or in writing, answer the objection. (2) Where by his answer a person objected to on the ground that he does not live in the district for which he is enrolled satisfies the principal electoral officer- (a) that he has lived in Queensland during the three months preceding the making of the objection; and (b) that he is not entitled as prescribed by section 21 to be enrolled for any other district, the principal electoral officer shall determine that such ground of objection is not a good ground of objection and shall dismiss the objection accordingly. 41. Determination of objection . (1) (a) Paragraph (b) applies subject to section 40 (2).

328 Elections Act 1983, No. 31 (b) On receipt of the answer of the person objected to or after the expiration of 14 days (or such longer period as may be prescribed in respect of any specified electoral district or districts) from the posting of the notice, the principal electoral officer shall determine the objection and, if it appears that the person objected to is not qualified to be enrolled on the roll, shall strike out his name. (2) At any time within three months after the principal electoral officer has determined that a person objected to is not qualified to be enrolled on the roll and has struck out his name pursuant to subsection (1), that person may make application in the prescribed form to the principal electoral officer to have his name reinstated on the roll. (3) Notwithstanding any other provision of this Act, on an application made by a person pursuant to subsection (2), the principal electoral officer, upon being satisfied after due inquiry that the name of that person should not have been struck out, shall forthwith reinstate the name of that person on the roll. 42. Objection without reasonable ground or cause. Any person who without reasonable ground or cause lodges with the principal electoral officer an objection to a name on a roll knowing the lodgment to be without reasonable ground or cause is guilty of an offence. 43. Appeal to magistrates court. (1) Any person- (a) who has made and sent in a claim to be enrolled on a roll or an application for transfer or change and who has not been enrolled pursuant to the claim or application; (b) whose name has been removed from a roll by the principal electoral officer pursuant to section 31 (5); or (c) whose name has been struck off a roll by the principal electoral officer upon an objection may in the manner and within the time prescribed make application to a magistrates court, constituted by a stipendiary magistrate or by two or more justices of the peace who are authorized by the Governor in Council to hear and determine electoral appeals, for an order directing that his name may be enrolled or restored to the roll. (2) Where an objection has been determined by the principal electoral officer adversely to the person objecting, being an elector registered on the same roll, that person may in manner prescribed apply to a magistrates court, constituted as specified in subsection (1), for an order sustaining the objection. (3) Where the application has reference to the decision of the principal electoral officer upon an objection, the applicant shall, as prescribed, serve the objector or the person objected to, as the case may be, with notice of the application, and the person so served may appear, or may in writing authorize any person to appear on his behalf, to resist the application. (4) The court may hear and determine any application under this section , making such order as it thinks fit in respect thereof, and may

Elections Act 1983, No. 31 329 make such order as it thinks fit as to the costs of the application, which may be recovered in the same manner as the costs of any other proceeding before the court. (5) The clerk of the court shall send by post to the principal electoral officer a certified copy of the order of the court, and it shall be the duty of the principal electoral officer to make such entries or alterations (if any) on or to the roll as are necessary to give effect to the order. (6) Subject to this section, the provisions of the JusticesAct1886-1980 are applicable to proceedings under this section as though such proceedings were proceedings as for a breach of duty. 44. Conclusive nature of roll . The existing roll, with all corrections and erasures thereof or therefrom made pursuant to this Act, shall be the roll of electors entitled to vote in the district at all elections and, except as by this section is provided, shall be conclusive evidence of the title of every person therein named to vote: Provided that- (a) a female elector is not disqualified from voting under the name appearing on the roll merely because she has changed her surname upon marriage; (b) any person whose name appears on the roll at the time of an election and- (i) who is on polling day under sentence of imprisonment; or (ii) who is then subject to any of the disqualifications mentioned in section 23 is disqualified from voting; (c) any elector who claims to vote, if still living in a district, is entitled to vote notwithstanding that he has changed his place of living to another in the same district; (d) an elector who has changed his place of living from the district for which he is enrolled to another district is not on that account disqualified from voting at an election for the district for which he is enrolled until his name has been enrolled for some other district; (e) notwithstanding anything implied by the expression " conclusive evidence " or anything contained in this or any other enactment, the vote of any person whose name appears to have been placed on the roll for a district as the direct or indirect result of any false statement made by such person in any claim or other proceeding precedent to enrolment may be disallowed by the Elections Tribunal. 45. Vote by person not named as an elector on the roll . (1) For the purposes of this section-- (a) in relation to a mistake or error specified in this section, the term " official " means a mistake or error committed by or in, or by an officer employed in the office establishment of, the

330 Elections Act 1983, No. 31 principal electoral officer, an electoral registrar, the Registrar- General, the Public Trustee, the State Government Computer Centre or the Comptroller-General of Prisons, or the Government Printer or any of his employees or any other person associated with or engaged in the compilation or printing of any general or supplemental roll of electors, or a mistake or error pertaining to the enrolment of any electors, the conduct of any election or otherwise howsoever to the execution of this Act committed by the chief returning officer, a returning officer, assistant returning officer, presiding officer, poll clerk, member of the police force or person (in paragraph (b) referred to as an " electoral assistant ") performing any functions in relation to any such matters at the direction of any other person referred to in this paragraph; (b) the term " mistake or error " means (as well as a mistake or error committed in relation to the roll of electors entitled to vote at a particular election for a district) a mistake or error committed in relation to the compilation of any previous general roll or supplemental roll of electors entitled to vote at a previous election for that district and continued in relation to the compilation of the roll of electors for that district entitled to vote at the election for which a vote is claimed under this section, and also a mistake or error committed in relation to the compilation of any list of deceased persons or return of convicted persons or advice relating to any person who is mentally ill and incapable of managing his estate referred to in section 37 and, in relation to the chief returning officer, any returning officer, assistant returning officer, presiding officer, poll clerk, member of the police force or electoral assistant, the term "mistake or error" means any act or omission that the principal electoral officer is satisfied was committed by that officer, clerk, member or electoral assistant and by reason whereof, the principal electoral officer is further satisfied, the name of a person has been wrongly omitted or erased from any roll hereinbefore mentioned in this paragraph (b), save that the name of a person struck off a roll under section 41 pursuant to an objection by the principal electoral officer shall never, in any case, be deemed to have been omitted or erased from that roll by reason of official mistake or error committed by a member of the police force or an electoral assistant; (c) the term " presiding officer " includes an assistant returning officer and (in relation to a polling booth at which the returning officer may be presiding) the returning officer; and (d) a person who shall have been permitted to vote under this section at an election for a district shall, in relation to any subsequent election for that district, be deemed to have had knowledge before the issue of the writ for that subsequent election of the mistake or error in consequence whereof he was permitted so to vote.

Elections Act 1983, No. 31 331 (2) Notwithstanding any enactment or provision of any enactment of this Act other than this section, a person who, on polling day at a polling booth for a district, claims to vote at an election for that district and- (a) whose name is not, or apparently is not, on the roll of electors entitled to vote for that district at that election; (b) whose name, if not on the aforementioned roll, is not thereon by reason of some official mistake or error whereby his name shall have been wrongly omitted or erased from that aforementioned roll; and (c) that mistake or error occurred through no fault of his and he had no knowledge thereof before the date of the issue of the writ for that election shall be permitted to vote under this section if, but only if- (i) he shall have sent or delivered to an electoral registrar, a returning officer or the principal electoral officer a duly completed claim for enrolment or application for transfer or change of enrolment, as his case required when making that claim or application, in respect of the district for which he claims that vote; (ii) that claim for enrolment or application for transfer or change of enrolment shall have been received by that electoral registrar, returning officer or principal electoral officer before five o'clock in the afternoon of the day on which the writ for the election was issued; (iii) he shall in relation to that claim for enrolment or application for transfer or change of enrolment have received the prescribed notification of enrolment; (iv) his name shall not, to the best of his knowledge, have been removed from the roll for the time being of electors in the district for which he claims to vote by objection, transfer or disqualification; and (v) he shall , from and after the time of sending or delivering his claim for enrolment or application for transfer or change as aforesaid and thereafter up to the date of the issue of the writ , have continuously retained his entitlement under this Act to have his name on the roll of electors for the district in question, and he makes a declaration in the prescribed form before the presiding officer at the polling booth where the vote is claimed by him. (3) Where a person whose name is not , or apparently is not, on the roll of electors entitled to vote for a district at an election- (a) on polling day at a polling booth for that district claims to vote for that district at that election; and

332 Elections Act 1983, No. 31 (b) makes upon an envelope before the presiding officer at that polling booth the declaration prescribed under subsection (2)- thereupon- (i) that presiding officer shall- (A) write on a ballot-paper of the description and in the form prescribed for voting under this section, in compliance with the requirements of paragraphs (e) and (f) of subsection (2) of section 68, a list of the names of all the candidates if it does not contain a printed list of the names of such candidates; and (B) give to that person that ballot-paper, but retain the envelope endorsed with the declaration of that person; (ii) that person shall, in a compartment provided at the polling booth in question to enable electors to mark ballot-papers, record his vote in the manner prescribed, and immediately thereafter fold up the ballot-paper so as to conceal the manner in which he has voted and deliver it to the aforementioned presiding officer; and (iii) that presiding officer shall then, in the presence of that voter and of such scrutineers, if any, as are present and without unfolding the ballot-paper, enclose it in the envelope bearing the declaration of that voter and, after securely fastening that envelope, deposit it in a ballot-box until he shall have dealt with it as hereinafter provided in this section. (4) (a) Each presiding officer shall make, in the prescribed form, a record of the name and address of every person permitted by him to vote under this section. (b) The name and address of each person so permitted to vote shall be recorded before the particular envelope bearing the declaration is deposited in the ballot-box. (c) Where a presiding officer at a polling booth for two or more districts permits votes under this section for more than one of those districts, he shall make a separate and distinct record in respect of each such district. (d) A presiding officer shall initial separately the particulars so recorded by him in respect of each person permitted by him to vote under this section. (5) Forthwith upon the close of the poll each presiding officer shall- (a) enclose in a securely fastened outer envelope all envelopes containing votes for a district permitted by him under this section, together with the record of the persons permitted those votes. Where a presiding officer at a polling booth for two or more districts shall have permitted votes under this section for more than one such district he shall first sort the envelopes containing those votes into separate parcels according to the disc `cts

Elections Act 1983, No. 31 333 for which those votes have been so permitted and then enclose the envelopes containing the votes for each such district respectively, together with the respective record of the persons permitted those votes for the district in question, in- a securely fastened outer envelope; and (b) transmit by post or otherwise every outer envelope, properly addressed, to the returning officer of the district respectively for which the votes enclosed therein have been permitted. (6) The returning officer shall- (a) without in any way unfastening, or permitting or allowing to be in any way unfastened, any envelope immediately containing such a ballot-paper, satisfy himself by examining the declaration of the voter upon that envelope that the declaration is in order and, by such inquiry as he deems necessary, that the voter is a person permitted to vote under this section for the district of that returning officer; (b) (in any case where, upon inquiry as aforesaid, the returning officer finds that the name of the voter is on the roll of electors entitled to vote for his district at the election in question), upon satisfying himself as aforesaid in every respect and upon further satisfying himself that the voter has not voted otherwise for his district at that election, place a mark against the name of that voter in the roll used by him at the election in question. (7) At the scrutiny the returning officer shall produce unopened all envelopes received by him immediately containing votes for his district permitted under this section. (8) If in respect of any vote permitted under this section the returning officer is not satisfied in every respect as required by the provisions of subsection (6), he shall reject that vote and shall, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. (9) Subject to section 89, the returning officer shall also reject and set aside for separate custody any envelope purporting to contain a vote permitted under this section that does not bear thereon the form of declaration prescribed under this section. (10) If in respect of any vote permitted under this section the returning officer is satisfied in every respect as required by the provisions of subsection (6), he shall open the envelope containing the ballot-paper and, without then unfolding the ballot-paper, place it in a ballot-box and set the envelope aside for separate custody. (11) When the returning officer shall have dealt with all the envelopes containing votes permitted under this section produced by him at the scrutiny at any one and the same time, he shall open the ballot-box and count in the manner prescribed by this Act such and so many ballot-papers recording those votes as he shall have placed therein; and shall so proceed

334 Elections Act 1983, No. 31 in respect of every such time until the day when all votes permitted under this section shall have been received and dealt with by him or until the day when no further ballot-papers are to be counted, whichever sooner occurs: Provided that he shall reject any of those ballot-papers required by the provisions of section 103 to be rejected at the close of the poll. (12) Official mistakes or errors whereby the name or names of a person or persons shall have been omitted or erased from the roll of electors entitled to vote for a district at an election shall not be a ground for voiding that election if, after excluding from the total number of those persons such of them as shall- (a) not have claimed to vote for that district or for any other district at that election; (b) have been permitted to vote under this section at that election for that district; (c) being named on the roll of electors entitled to vote for another district at that election, have voted for that other district, the votes of the remaining such persons could not have affected the result of the election for the district firstmentioned in this subsection. (13) As soon as may be after the conclusion of an election, each returning officer shall deliver to the principal electoral officer a list setting out the names and addresses of all persons who have been permitted to vote under this section for the district of that returning officer, and the principal electoral officer shall cause to be taken under, subject to and in accordance with this Act, such steps as are necessary to secure the due enrolment of such of those persons as, being qualified to vote, are not duly enrolled. PART VI-NOMINATION, POLLING, AND CONDUCT OF ELECTIONS GENERALLY 46. Writs directed to returning officers. (1) Writs for the election of members to serve in the Legislative Assembly shall be sent to the Minister directed to the proper returning officers respectively: Provided that upon the issue of a writ by the Speaker in the case of a by-election, the writ shall be sent by the Speaker direct to the proper returning officer: Provided further that where a writ directed to a returning officer cannot be forwarded so as to reach such returning officer on the day of its issue, the Minister or, if such writ was issued by the Speaker, the Speaker shall notify such returning officer by telegram or other expeditious means of the issue of such writ and of the day and place of nomination and of the day of polling fixed by such writ. (2) In every such writ shall be named- (a) the nomination day and place of nomination;

Elections Act 1983, No. 31 335 (b) the day for taking the poll at the several polling booths in the - event of the election being contested ; and (c) the day on which the writ is returnable to the Governor or the Speaker, as the case may be. (3) Subject to this Act, the writ shall be returned not later than the day named therein, notwithstanding the fact that any absent votes have not then been received, examined and counted by the returning officer. (4) Writs shall be in the prescribed form. 47. Day of general election . In the case of a general election, all elections shall beheld on the same day, and that day shall be a Saturday. 48. Nomination and polling days to be publicly notified . (1) The returning officer shall- (a) upon receipt of the writ or, where he is notified by the Minister or the Speaker of the issue of the writ before the receipt thereof, upon receipt of such notification, forthwith give public notice of- (i) the nomination day; (ii) the place of nomination; (iii) the day of polling; (iv) the several polling booths; (v) the date up to which additional polling booths may be appointed or existing polling booths may be cancelled; and (vi) a convenient place, to be named by the returning officer, within the district or within 10 kilometres of the district by the nearest practicable route, as the place of nomination at which he will be present between the hours of 9 o'clock in the morning and 12 o'clock noon on nomination day to receive nomination papers; and (b) as soon as possible give public notice of any polling booth appointed after the issue of the writ. (2) The returning officer shall endorse upon the writ the day on which he receives it and also, if he was notified by the Minister or the Speaker of the issue of the writ before the receipt thereof, the day upon which he received such notification, and shall attach such notification to the writ or endorse upon the writ particulars of the mode of notification if the notification was not in written form. 49. Qualification of a candidate . Any person who is not prevented from being elected as a member of the Legislative Assembly by any cause of disqualification prescribed by law and who under this Act is qualified to be enrolled for any electoral district is qualified to be nominated as a candidate and to be elected a member of the Legislative Assembly for any electoral district.

336 Elections Act 1983, No. 31 50. Undischarged bankrupt incapable of being nominated or elected. (1) Any person- (a) who under the Bankruptcy Act1966 is a bankrupt in respect of a bankruptcy from which he has not been discharged; (b) who has executed a deed of arrangement under Part X of the Bankruptcy Act1966 where the terms of the deed have not been fully complied with; (c) whose creditors have accepted a composition under Part X of the Bankruptcy Act1966 where a final payment has not been made under that composition is incapable of being nominated or elected. (2) In subsection (1), a reference to the Bankruptcy Act1966 is a reference to the Bankruptcy Act1966 of the Commonwealth as amen- ded. 51. How person may become candidate . (1) In order that any person may be or become a candidate, he shall be nominated by not fewer than 6 persons entitled to vote at the election in respect of the electoral district concerned. (2) A nomination paper in the prescribed form naming such person as a candidate, signed by the persons nominating him and signed by him as consenting to the nomination, shall be delivered to the returning officer- (a) at any place or time- (i) after the day on which the writ for the election is issued and before nomination day; or (ii) before 9 o'clock in the morning on nomination day; or (b) at the place named in the public notice of nomination day between the hours of 9 o'clock in the morning and 12 o'clock noon on nomination day, and the returning officer shall, if required, give a receipt for the nomination paper. (3) The person nominated or some person on his behalf shall, at the time of the delivery of the nomination paper, pay to the returning officer, in money or bank notes or by a cheque drawn by a bank on itself, the sum of $250 to be dealt with as hereinafter provided and the returning officer may, if he thinks fit, transmit the amount so paid to him to the chief returning officer for safe custody until it is so dealt with. (4) No person other than- (a) a person nominated as aforesaid; and (b) by or for whom or on whose behalf payment as aforesaid is made shall be or be deemed to be a candidate.

Elections Act 1983, No. 31 337 (5) A nomination paper shall not be rejected for any mere formal defect or error therein if the returning officer is satisfied that the provisions of this Act have been substantially complied with. 52. Certificate of returning officer . (1) If the returning officer is satisfied that the provisions of this Act with respect to a nomination paper have been substantially complied with, he shall make and sign at the foot of the nomination paper a certificate in the prescribed form. (2) Such certificate shall not be construed to qualify any person to be a candidate or to sign a nomination paper who is not qualified to be a candidate or to sign the same, or to validate any signature thereto that is false or forged. (3) The returning officer shall give or forward a copy of the certificate to the candidate. 53. Copy of nomination paper to be posted up . Immediately upon the receipt of a nomination paper, the returning officer shall post up a copy thereof in some conspicuous place at the place of nomination. 54. Election of sole person nominated . If only one person is duly nominated as a candidate, he shall be deemed to be duly elected and the returning officer shall, on nomination day or as soon thereafter as is practicable, publicly notify, by a notice published in the Gazette and by advertisement in some newspaper published in or generally circulating in the district, the name of the candidate who has been duly elected, and make his return accordingly. 55. Nomination of two or more persons. (1) If two or more persons are duly nominated as candidates, a poll shall take place for deciding between such candidates on the day named in the writ at the several polling booths for the district. (2) The returning officer shall- (a) immediately after 12 o'clock noon on nomination day post in some conspicuous position at the place of nomination a notice stating the names of the persons who have been duly nominated as candidates, and that a poll will be so taken; and (b) publish an announcement to the like effect in some newspaper published in or generally circulating in the district. 56. Withdrawal of consent to nomination . A candidate may withdraw his consent to his nomination at any time before the hour of noon on nomination day by delivering to the returning officer a notice of retirement in the prescribed form signed by him, and thereupon and thereby the nomination shall be cancelled, and the deposit paid shall be returned to the candidate. 57. Death of candidate . (1) If at any time- (a) after the hour of noon on the day that is two days before nomination day; and

338 Elections Act 1983, No. 31 (b) before polling day a candidate dies, the returning officer shall report the fact of the death to the Minister in writing forthwith upon becoming aware of it. (2) Upon the fact of death being reported to the Minister by the returning officer, the writ shall be a vacated writ. (3) As a consequence of the writ being vacated, a new writ shall be issued and all proceedings in connexion with the election shall be had and taken anew as though such election were a by-election under this Act. (4) Upon the vacation of the writ as aforesaid, the returning officer shall pay to the estate of the deceased candidate and to each of the other candidates the moneys paid pursuant to section 51 to the returning officer by, for or on behalf of the candidate in question. (5) Where moneys payable under subsection (4) have been transmitted to the chief returning officer for safe custody, the chief returning officer may make the payments on behalf of the returning officer in question. 58. Forfeiture of money paid on nomination . (1) Where a poll takes place, the moneys paid pursuant to section 51 to the returning officer by, for or on behalf of candidates who do not receive at the poll a number of first preference votes equal at least to one fifth part of the first preference votes received by the successful candidate shall be forfeited to Her Majesty and, where held by the returning officer, shall be paid over by him to the chief returning officer. (2) All moneys so forfeited and held by the chief returning officer, whether paid over to him under subsection (1) or earlier transmitted to him for safe custody under section 51 (3) shall be paid over by him to the Treasurer and thereupon it shall be paid to and form part of the Consolidated Revenue Fund. 59. Refund of money paid on nomination . After an election, the money paid pursuant to section 51 by, for or on behalf of the candidate who has been elected and the money so paid by, for or on behalf of each other candidate who has received a number of first preference votes equal at least to one fifth part of the first preference votes received by the candidate who has been elected shall be paid to the candidate in question by the returning officer or by the chief returning officer if held by him for safe custody. 60. Provision of ballot - boxes, etc . (1) For taking the poll the returning officer shall cause to be provided at each polling booth- (a) a ballot-box; (b) a compartment or compartments in which electors may record their votes ; and (c) all necessary materials to enable electors to mark the ballot-papers.

Elections Act 1983, No. 31 401 (2) The petition shall be presented within 8 weeks after the day of the return of the writ to which the petition relates unless it relates to a charge of bribery or corruption alleged to have been committed at an election, in which case it may, with the leave of the Legislative Assembly, be presented at any time within 12 months after the day of the return of the writ. (3) The petitioner shall, within 14 days after presentation of the petition, cause a copy of it to be served upon the sitting member, if any, and a copy to be served upon the returning officer of the electoral district. (4) Service of a copy of the petition shall be effected as nearly as may be in the manner in which a writ of summons is served or in such other manner as may be prescribed. 137. Publication of notice of presentation of petition . (1) The Registrar shall publish forthwith in the Gazette a notice of the presentation of the petition, which notice shall contain- (a) the name and address of the petitioner; (b) the electoral district to which it relates; (c) the date of the election; (d) the name of the member returned; and (e) a statement that the petition is available for inspection at the office of the Registrar during the hours the office is open to the public for business. (2) The Registrar shall also publish forthwith a copy of the notice in some newspaper circulating in the electoral district. 138. Parties to petition . The sitting member may, within 6 weeks after service of the petition on him, and any person who voted or who had a right tj vote at the election to which the petition relates or any person complained against in the petition may, within 6 weeks after publication of the notice in the Gazette, by notice in writing to the Registrar, be admitted as a party to support or to oppose the petition or to defend the return of the sitting member, as the case may be; and every person so admitted shall be a party to the petition. 139. Deposit for costs of petition . The petitioner shall pay into court with the petition the sum of $400 to the credit of the matter of the petition, which sum shall be liable to be applied, upon the order of the Judge, towards the costs of the respondents to the petition as hereinafter provided or may be restored to the petitioner, wholly or in part, as the case may require. 140. Place and time of trial . (1) The trial of an election petition or reference shall be held at the place of nomination or at some other place, within or outside the limits of the district concerned, at which it

402 Elections Act 1983, No. 31 appears to the Judge that trial could most conveniently be held having regard in particular to the saving of time and expense to the petitioner and other parties, if any, to the trial. (2) The time for the trial shall be appointed by the Judge. 141. Notice of trial . Notice of the time and place at which an election petition or reference is to be tried shall be given to all parties by the Registrar not less than 14 days before the day on which the trial is held. 142. Adjournment of trial. The Judge may adjourn the trial from time to time and from place to place. 143. Trial to be public. The proceedings of the Tribunal shall be conducted openly, and each party to the petition or reference may be present. 144. How party may be heard . Each party to the petition or reference may be heard by himself or his counsel or solicitor or by an agent appointed by him in writing. 145. Principles of trial . (1) Upon the trial of an election petition or reference, the Tribunal shall be guided by the real justice and good conscience of the case, without regard to legal forms and solemnities, and shall direct itself by the best evidence it can procure or that is laid before it, whether the same is such evidence as the law would require or admit in other cases or not. (2) The Tribunal may, if it thinks fit, receive affidavits relative to any of the matters in question before it, taken before any justice (which affidavits such justice is hereby authorized to take). (3) Notwithstanding any provision of this Act requiring the rejection of any vote, the Tribunal may order that any vote rejected in compliance with this Act be counted if it is satisfied that the rejection of that vote was occasioned by the accidental or inadvertent mistake or omission of any returning officer, presiding officer, overseas officer, interstate officer, prescribed electoral registrar or electoral visitor. 146. Summons of witnesses . Witnesses shall be subpoenaed and sworn in the same manner, as nearly as circumstances admit, as on a trial of a civil action in the Supreme Court. 147. Judge may summon and examine witnesses . (1) On the trial of an election petition or reference the Judge may, by order under his hand, compel the attendance of any person as a witness who appears to him to have been concerned in the election in question, and any person refusing to obey such order shall be guilty of contempt of court.

Elections Act 1983, No. 31 403 (2) The Judge may examine any witness so compelled to attend, or any person in court, and it is immaterial that such witness or person is not called and examined by any party to the petition or reference. (3) After the examination of a witness as aforesaid by the Judge, such witness may be cross-examined by or on behalf of any party to the petition or reference. 148. Expenses of witnesses . The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition or reference, according to the scale allowed to witnesses on the trial of civil actions in the Supreme Court, may be allowed to such person by a certificate under the hand of the Judge or of the prescribed officer, and such expenses, if the witness was called and examined by the Judge, shall be deemed part of the expenses of the Tribunal, and in other cases shall be deemed to be costs of the petition or reference. 149. Recording and transcription of evidence . The Recording of Evidence Acts, 1962 to 1968, shall, with necessary adaptations, extend to trials of election petitions or references, and for this purpose and without limiting the generality of this provision- (a) the term " Court " as defined in those Acts shall be deemed to include in its meaning a reference to the Tribunal; (b) the term " legal proceeding " as defined in those Acts shall be deemed to include in its meaning a reference to the trial of an election petition or reference by the Tribunal. 150. Recrimination where petition for undue return . On the trial of an election petition complaining of an undue return and claiming the seat for some person, the respondent may give evidence to prove that the election of such person was undue in the same manner as if he had presented a petition complaining of such election. 151. Determination by Judge. At the conclusion of the trial, the Judge shall determine and declare, upon the questions of fact and law arising before him- (a) whether the member whose return or election is complained of was duly returned or elected; (b) whether any person not returned as elected was duly elected; (c) whether the election was void; or (d) whether any member whose qualification is in question was qualified or disqualified, as the case may require. 152. Judge to certify determination to Speaker . (1) The Judge shall certify in writing his determination to the Speaker. (2) The certificate shall be accompanied by a copy of the transcribed record of the proceedings before the Tribunal.

404 Elections Act 1983, No. 31 153. Time of certification of determination . (1) Subject to subsection (2), the Judge shall certify in writing pursuant to section 152 forthwith upon the expiry of the time for appeal to the Full Court as hereinafter provided. (2) Where within the prescribed time notice is given by a party of an appeal to the Full Court, the Judge shall postpone the giving of his certificate to the Speaker until the determination of the appeal by the Full Court. 154. Appeal to Full Court . (1) An appeal shall lie to the Full Court from every determination of the Judge upon a question of law. (2) Notice of appeal shall be filed in the registry of the Supreme Court at Brisbane within 21 days after the determination and declaration of the Judge pursuant to section 151. 155. Determination final where certificate given. Upon the giving by the Judge of his certificate to the Speaker, the determination by the Judge is final. 156. Special case. (1) Where upon the application of any party to a petition or reference it appears to the Judge that the case raised by the petition or reference can be conveniently stated as a special case, he may direct the same to be stated accordingly. (2) Any such special case shall be heard by the Full Court, and the decision of the Full Court shall be final. (3) The Full Court shall certify to the Speaker its determination with respect to the special case. 157. Question may be reserved for Full Court. If it appears to the Judge on the trial of a petition or reference that any question of law requires further consideration, the Judge may postpone the giving of the certificate hereinbefore mentioned until the determination of such question by the Full Court, and may for that purpose reserve any such question for the opinion of the Full Court. 158. Receipt of evidence of corrupt practices . On the trial of a petition or reference, unless the Judge otherwise directs, any charge of a corrupt practice may be gone into and evidence in relation thereto may be received before any proof has been given of agency on the part of any candidate in respect of such corrupt practice. 159. Judge to make report in case of corrupt practice , etc. (1) Where a charge is made in a petition of any corrupt practice having been committed at the election to which the petition relates, the Judge shall, in addition to the certificate hereinbefore mentioned and at the same time, report in writing to the Speaker as follows:- (a) whether any corrupt practice has or has not been proved to have been committed by or with the knowledge and consent

Elections Act 1983, No. 31 405 of any candidate at such election, and the nature of such corrupt practice; (b) the names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt practice; (c) whether corrupt practices have, or whether there is reason to believe that corrupt practices have, extensively prevailed at the election to which the petition relates. (2) The Judge may at the same time make a special report to the Speaker as to any matters arising in the course of the trial, of which, in his judgment, an account ought to be submitted to the Legislative Assembly. 160. Legislative Assembly to carry out report. The Legislative Assembly, on being informed by the Speaker of any such certificate and report or reports, if any, shall order the same to be entered in its journals, and. shall give the necessary directions for confirming or amending the return or for issuing a writ for a new election or for carrying the determination into execution, as circumstances may require. 161. Candidate found , on petition , guilty personally of corrupt practices. If upon the trial of a petition the Judge reports- (a) that any corrupt practice other than treating or undue influence has been proved to have been committed with reference to the election to which the petition relates by or with the knowledge and consent of any candidate at the election; or (b) that the offence of treating or undue influence has been proved to have been committed with reference to the election by any candidate at the election, that candidate shall not be capable of being elected to or sitting in the Legislative Assembly for a period of three years, and, if he has been elected, his election shall be void. 162. Candidate found , on petition, guilty by agents of corrupt practices. If upon the trial of a petition in which a charge is made of any corrupt practice having been committed with reference to the election to which the petition relates the Judge reports that a candidate at the election has been guilty by his agents of any corrupt practice with reference to the election, that candidate shall not be capable of being elected to or sitting in the Legislative Assembly for the district in question during the Parliament for which the election was held, and, if he has been elected, his election shall be void. 163. Connivance of candidate at illegal practice . (1) If upon the trial of a petition the Judge reports that any illegal practice is proved to have been committed with reference to the election to which the petition relates by or with the knowledge and consent of any candidate at the election, that candidate shall not be capable of being elected to or

406 Elections Act 1983, No. 31 sitting in the Legislative Assembly for the district in question for three years next after the date of the report, and, if he has been elected, his election shall be void. (2) In addition, he shall be subject to the same incapacities as those to which he would be subject if at the date of the report he had been convicted of such illegal practice. 164. Report exonerating candidate in certain cases of corrupt and illegal practice by agents . Where upon the trial of a petition the Judge reports that a candidate at the election to which the petition relates has been guilty by his agents of the offences of treating, undue influence and illegal practice or of any of such offences with reference to the election, and further reports that the candidate has proved- (a) that no corrupt or illegal practice was committed at the election by the candidate himself and the offences mentioned in the report were committed contrary to his orders and without his sanction or connivance; (b) that the candidate took all reasonable steps to prevent the commission of corrupt or illegal practice at the election; (c) that the offences mentioned in the report were of a trivial, unimportant and limited character; and (d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate, the election of such candidate shall not, by reason of the offences mentioned in the report, be void, and the candidate shall not be subject to any incapacity under this Act. 165. Power of Tribunal to except innocent act from being illegal practice , etc. Where it appears to the Tribunal- (a) that any act or omission of a candidate at an election or of his agent or of any other person that, by reason of being a payment, engagement or contract in contravention of this Act or The Criminal Code or by reason of otherwise being in contravention of this Act or The Criminal Code, would be but for this section an illegal practice, payment or hiring, arose or occurred from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise or occur from any want of good faith; and (b) that in the circumstances it is just that the candidate, the agent and the other person, or any of them, should not be subject to any of the consequences under this Act of such act or omission, the Tribunal may make an order allowing such act or omission to be an exception from the provisions of this Act that would otherwise make the same an illegal practice, payment or hiring, and thereupon such candidate, agent or person shall not be subject to any of the consequences under this Act of the said act or omission.

Elections Act 1983, No. 31 407 166. Obligation of witness to answer, and certificate of indemnity. (1) A person who is called as a witness before the Tribunal in respect of an election shall not be excused from answering any question relating to any offence at or connected with such election on the ground that the answer thereto may incriminate or tend to incriminate him or on the ground of privilege: Provided that- (a) a witness who answers truly all questions that he is required by the Tribunal to answer shall be entitled to receive a certificate of indemnity under the hand of the Judge stating that such witness has so answered ; and (b) an answer by a person to a question put by or before the Tribunal shall not, except in the case of any criminal proceeding for perjury in respect of such evidence, be in any proceeding, civil or criminal, admissible in evidence against him. (2) Where a person has received such a certificate of indemnity in relation to an election and any legal proceeding is at any time instituted against him for any offence under this Act committed by him, previously to the date of the certificate, at or in relation to the same election, the court having cognizance of the case shall, on proof of the certificate, stay the proceeding, and may in its discretion award to such person such costs as he may have been put to in the proceeding. (3) Nothing in this section shall be taken to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceeding to enforce such incapacity other than a criminal prosecution. (4) Where counsel or a solicitor or other person lawfully acting as agent for any party to a petition in respect of any election has not taken any part or been concerned in such election, the Tribunal shall not be entitled to examine such counsel or solicitor or agent in respect of matters that came to his knowledge by reason only of his being concerned as counsel or solicitor or agent for such party. 167. Submission of report of Tribunal to Attorney -General. The Judge, when reporting that certain persons have been guilty of any corrupt or illegal practice, shall report whether those persons have or have not been furnished with certificates of indemnity; and such report shall be laid before the Attorney-General, together with the evidence on which such report was based, with a view to his instituting or directing a prosecution against such persons as have not received certificates of indemnity, if the evidence is in his opinion sufficient to support a prosecution. 168. Acceptance of office or prorogation not to stop petition. (1) The trial of a petition shall be proceeded with notwithstanding the acceptance by the respondent of an office of profit under the Crown. (2) The trial of a petition or reference may be proceeded with after the prorogation of Parliament.

408 Elections Act 1983, No. 31 169. Withdrawal of petition and substitution of new petitioners. (1) An election petition shall not be withdrawn without the leave of the Judge upon special application, to be made in the prescribed manner, within the prescribed time and at the prescribed place. (2) No such application shall be made for the withdrawal of a petition until the prescribed notice has been given in the electoral district of the intention of the petitioner to make an application for the withdrawal of his petition. (3) On the hearing of the application for withdrawal, any person who might have been a petitioner in respect of the election to which the petition relates may apply to the Judge to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition. (4) (a) The Judge may, if he thinks fit, substitute as a petitioner any such applicant applying to be substituted, and may further, if the proposed withdrawal is, in the opinion of the Judge, induced by any corrupt bargain or consideration, by order direct that the sum paid into court by the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that the original petitioner shall be liable to pay the costs of the substituted petitioner. (b) If no such order is made with respect to the sum paid into court by the original petitioner, the same amount shall be paid into court by the substituted petitioner before he proceeds with his petition and within the prescribed time after the order of substitution. (c) Subject as aforesaid, a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities, as the original petitioner. (5) If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent. (6) Where there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners. 170. Judge to report to Speaker the circumstances of withdrawal. In every case of the withdrawal of a petition, the Judge shall report to the Speaker whether in his opinion the withdrawal of such petition was the result of any corrupt arrangement or in consideration of the withdrawal of any other petition, and, if so, shall report the circumstances attending the withdrawal. 171. Abatement of petition . (1) A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners. (2) The abatement of a petition shall not affect the liability of the petitioner to the payment of costs previously incurred. (3) On the abatement of a petition the prescribed notice of such abatement having taken place shall be given in the electoral district; and within the prescribed time after the notice is given any person who

Elections Act 1983, No. 31 409 might have been a petitioner in respect of the election to which the petition relates may apply to the Judge, in the prescribed manner, within the prescribed time and at the prescribed place to be substituted as a petitioner. (4) The Judge may, if he thinks fit, substitute as a petitioner any such applicant who is desirous of being substituted and on whose behalf payment is made into court as is required in the case of a new petition. 172. Admission in certain cases of voters to be respondents. (1) If before the trial of a petition any of the following events occur in the case of the respondent, that is to say- (a) if he dies; (b) if the Legislative Assembly resolves that his seat is vacant; (c) if he fails within the time hereinbefore provided to give notice to the Registrar that he intends to oppose the petition; (d) if he gives, in the prescribed manner and within the prescribed time, notice to the Tribunal that he does not intend to oppose the petition, notice of such event having occurred shall be given by advertisement in the electoral district. (2) Such notice shall be given- (a) by the Clerk of the Parliament, in the cases referred to in paragraphs (a) and (b) of subsection (1); and (b) by the Registrar, in the cases referred to in paragraphs (c) and (d) of subsection (1). (3) Within the prescribed time after such notice is given, any person who might have been a petitioner in respect of the election to which the petition relates may apply to the Judge to be admitted as a respondent to oppose the petition, and such person, subject to subsection (4), shall on such application be admitted accordingly, either with the respondent, if there is a respondent, or in place of the respondent. (4) Not more than three persons shall be admitted as respondents pursuant to subsection (3). 173. Respondent not opposing petition not to appear as party or to sit in Assembly . (1) A respondent who has given the prescribed notice that he does not intend to oppose a petition shall not be allowed to appear or act as a party against such petition in any proceedings thereon, and shall not sit or vote in the Legislative Assembly until the Legislative Assembly has been informed of the report on the petition. (2) The Judge shall in all cases in which notice referred to in subsection (1) has been given report the same to the Speaker. 174. General costs of petition . (1) All costs, charges and expenses of and incidental to the presentation of a petition and to the proceedings consequent thereon, with the exception of such costs, charges and expenses

410 Elections Act 1983, No. 31 as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the Judge may determine, regard being had to- (a) the disallowance of any costs, charges or expenses that may in the opinion of the Judge have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or the respondent; and (b) the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful. (2) The total amount of costs that may be ordered to be paid by any one party shall not exceed $1 000. (3) The costs may be taxed in the prescribed manner, but according to the same principles as costs between solicitor and client are taxed in an action in the Supreme Court, and such costs may be recovered in the same manner as the costs of an action or in such other manner as may be prescribed. (4) Such taxation shall be subject to review by the Judge. 175. Rules of Court. (1) The Governor in Council, with the concurrence of any two or more Judges of the Supreme Court of whom the Chief Justice shall be one, may from time to time by Order in Council published in the Gazette make all such Rules of Court, not inconsistent with this Act, as may be considered necessary or convenient for regulating the procedure and practice of the Tribunal and for the purpose of giving full effect to this Part. (2) Without in any way limiting the comprehensiveness and generality of the provisions of subsection (1), the Rules of Court may make provision for or with respect to- (a) the practice, procedure and costs of election petitions and references, the trial thereof and the certifying and reporting thereon; (b) forms to be used for all matters and proceedings in or before the Tribunal; (c) all matters required or permitted by this Part to be prescribed where the method of prescription is not otherwise provided. (3) Where Rules of Court made under this section do not extend to a particular case, the Judge may in respect of the particular case give such directions as he thinks fit, and those directions shall, according to their tenor, have the same force and effect as Rules of Court made under this section. (4) Where- (a) Rules of Court are made under this section; and

Elections Act 1983, No. 31 411 (b) pursuant to section 128, section 28A (1) of the ActsInterpretation Act1954-1977 has been complied with in respect of the Order in Council by which the Rules of Court were made, the other provisions of the said section 28A may, without derogating, from the said section 128, be read as if a reference to the term regulation " were a reference to the term " Rule of Court ". (5) Until repealed or superseded by Rules of Court made under this section, all general rules and orders for the effectual execution of Part VIII of the Elections Act 1915-1976 that are in force immediately prior to the commencement of this Act shall, on such commencement and so far as the same are not inconsistent with the provisions of this Act, remain in force and shall be deemed to have been made under and for the purposes of this Act, and may be repealed, altered, varied, amended or otherwise modified under this Act. Year and Number of Act SCHEDULE Short Title (Section 4) Extent of Repeal 6 Geo. V. No. 13 .. The Elections Act of 1915 The whole 16 Geo. V. No. 21 The Elections Act Amendment Act The whole of 1925 21 Geo. V. No. 39 The Elections Acts Amendment Act The whole of 1930 23 Geo. V. No. 23 The Elections Acts Amendment Act The whole of 1932 I Edw. VIII. No. 18 The Elections Acts Amendment Act The whole of 1936 4 Geo. VI. No. 15 The Elections Acts Amendment Act The whole of 1940 6 Geo. VI. No. 36 The Elections Acts Amendment Act The whole of 1942 7 Geo. VI. No. 31 The Elections Acts Amendment Act The whole of 1943 8 Geo . VI. No. 6 The Elections Acts Amendment Act The whole of 1944

412 Year and Number of Act Elections Act 1983, No. 31 SCHEDULE-continued Short Title Extent of Repeal 12 Geo. VI. No. 47 The Elections Acts Amendment Act The whole of J 948 1 Eliz. II. No. 4 The Elections Acts and The Criminal Part II Code Amendment Act of 1952 7 Eliz. II. No. 2 The Elections Acts Amendment Act The whole of 1958 8 Eliz. II. No. 68 The Elections Acts Amendment Act The whole of 1959 No. 38 of 1962 The Elections Acts Amendment Act The whole of 1962 No. 59 of 1965 The Elections Acts Amendment Act The whole of 1965 No. 42 of 1971 Elections Act AmendmentAct1971 The whole No. 8 of 1973 No. 13 of 1976 Elections Act and The Criminal Part II Code Amendment Act 1973 I I .. Elections Act Amendment Act1976 The whole