Elections Act Amendment Act 1971 (Qld)

605 QuemsfattN ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 42 of 1971 An Act to Amend The Elections Acts 1915 to 1965 in certain particulars [ASSENTED TO 1ST NOVEMBER, 1971) 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:- 1. Short title and citation , and commencement . (1) This Act may be cited as the Elections Act Amendment Act 1971. (2) The Elections Act. of 1915 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Elections Act 1915-1971. (4) This Act shall come into operation on a date to be fixed by Proclamation by the Governor, published in the Gazette.

606 Elections Act Amendment Act 1971, No. 42 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) omitting the term " Aboriginal Inhabitant of Australia " and its meaning; (b) omitting the term "Absent vote " and its meaning and inserting in lieu thereof the following term and meaning: " "Absent vote "-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 the prescribed electoral registrar or returning officer or by postal voting; or (c) on polling-day at a polling-place which is not a polling- place for the district for which the election is held: And the term " absent voter " shall be construed accordingly; "; (c) inserting after the term " Electoral registrar " and its meaning the following term and meaning:- " " Electoral visitor!--A person duly appointed under this Act to take electoral visitor votes or electoral visitor absent votes in a district in respect of which he is appointed: The term includes a returning officer performing the functions of an electoral visitor pursuant to this Act; "; (d) in the meaning of the term " Scrutineer "- (i) omitting the word " The " (being the first word of the meaning) and inserting in its stead the word "A"; (ii) omitting the words " at any polling-place "; (e) inserting after the term " This Act " and its meaning the following term and meaning:- " " Under Secretary, Department of Justice "-Includes any person for the time being occupying the office or performing the duties of the Under Secretary, Department of Justice."; (f) omitting the term " Torres Strait Islander " and its meaning. 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (1), omitting the words ", who, subject to the Minister, shall be responsible for the execution of this Act throughout Queensland:" and inserting in their stead the words " who shall carry out the duties imposed upon him pursuant to this Act:". 4. New s. 10. The Principal Act is amended by inserting after section 9 the following section:- " 10. Qualifications of certain Defence Force members. (1) A person whose real place of living is in Queensland who- (a) is under twenty-one years of age and who- (i) is a member of the Defence Force and is, or has at any time (whether before or after the commencement of the Elections Act AmendmenkAct 1971) been, on special service; or

Elections Act Amendment Act 1971, No. 42 607 (ii) has ceased to be a member of the Defence Force but has at any time ( whether before or after the commencement of the Elections Act Amendment Act 1971 ) been on special service; or (b) is twenty-one years of age or over and is not an elector, and who is a member of the Defence Force on service outside Australia; (c) has lived within the Commonwealth of Australia for a continuous period of six months and in an electoral district of Queensland for a continuous period of three months; and (d) is a British subject shall, for the purposes of this Act, be deemed to be an elector and, subject to section 11 of this Act, 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- real place of living " includes 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; " special service ", in relation to a person, means service of that person as a member of the Defence Force that is special service for the purposes of the Repatriation(Special Overseas Service) Act1962 of the Commonwealth or of that Act as amended and in force from time to time.". 5. Amendment of s. 19 . Section 19 of the Principal Act is amended by omitting the proviso to subsection (3) and inserting in its stead the following proviso:- " Provided that, notwithstanding anything in this Act, any member of the Assembly shall, if he so desires, be entitled to have his name placed on or retained on the roll for the district he represents instead of the roll for the district in which he lives.". 6. Repeal of and new s. 26A. Section 26A of the Principal Act is repealed and the following section is inserted in its stead:- " 26A. Exculpation of physically disabled or mentally incapacitated persons . Where the Principal Electoral Officer is satisfied that, by reason of physical disability or mental incapacity, any person is incapable of complying with the requirements of section 25 or section 63 of this Act or of the regulations made under section 26 of this Act, the failure of such person to comply with any such requirement by reason of such disability or incapacity shall not be an offence under this Act.". 7. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsections (1) and (2), omitting the word " six " and inserting in its stead the word " five ". 8. Amendment of s. 28 . Section 28 of the Principal Act is amended by, in subsection (2), omitting the word " six " and inserting in its stead the word " five ".

608 Elections Act Amendment Act 1971, No. 42 9. Amendment of s. 35A. Section 35A of the Principal Act is amended by (a) omitting, in paragraph (ii) of subsection (2), the word " six " and inserting in its stead the word " five "; (b) in paragraph (i) of subsection (3)- (i) omitting subparagraphs (a) and (b) and inserting in their stead the following subparagraph:- (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 51 of this Act, a list of the names of all the candidates if it does not contain a printed list of the names of such candidates; "; (ii) relettering subparagraph (c) as subparagraph (b). 10. Amendment of s. 41 . Section 41 of the Principal Act is amended by, in subsection (1), omitting all words from and including the words " less than six persons " to and including the words " consenting to the nomination " and inserting in their stead the words- " fewer than six persons entitled to vote at the election in respect of the electoral district concerned. 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 before- (i) nomination day; or (ii) nine 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 nine o'clock in the morning and twelve o'clock noon on nomination day, and the returning officer shall, if required, give a receipt for the nomination paper.". 11. Amendment of s. 50 ( 5). Subsection ( 5) of section 50 of the Principal Act is amended by omitting the words " Absence of presiding officer not to invalidate election ." being the note to that subsection, and inserting as the note in their stead the words " Adjournment of poll.". 12. Amendment of s. 51 . Section 51 of the Principal Act is amended by- (a) omitting, in paragraph ( j) of subsection ( 2), the words " sections 35A, sixty - nine , seventy ( inclusive of votes permitted under section seventy by section 70A) or seventy - one (inclusive of votes permitted under section seventy-one by section 71c) " and inserting in their stead the words sections 35A, 69, 70, 71 or 72 "; (b) omitting , • in subsection ( 7), the words " seventy, 70A or seventy-one " where they twice appear and inserting in their stead in . ach case the words " 70, 71 or 72 ";

Elections Act Amendment Act 1971, No. 42 609 (c) in subsection (8)- (i) adding the following paragraph after the second paragraph of paragraph (i) :- " A returning officer shall supply to each electoral visitor appointed by him a number of ballot-papers sufficient for taking votes under section 72 of this Act, and shall keep for himself a like sufficient number of ballot-papers if he is himself to take votes under that section."; (ii) inserting in paragraph (ii) after the words " presiding officer " the words " or an electoral visitor "; (iii) inserting in paragraphs (iii) and (iv) after the words " presiding officer " wherever occurring, the words " or electoral visitor "; (d) in subsection (10)- (i) inserting in subparagraph (b) of paragraph (i) after the word Every " (being the first word of the subparagraph) the words " electoral visitor shall, in the manner and at the time prescribed, account to the returning officer, and every "; (ii) inserting in subparagraph (c) of paragraph (i) after the words " Every returning officer " the words " and every electoral registrar ". and after the word " prescribed " the words " for a returning officer or an electoral registrar, as the case may be "; (e) in subsection (11), inserting after the words " a returning officer " the words ", an electoral visitor ". 13. Amendment of s. 59 . Section 59 of the Principal Act is amended by omitting subsection (2). 14. Amendment of s. 61 . Section 61 of the Principal Act is amended by, in subsection (3), omitting all words commencing with the words ": Provided that " and concluding with the words " for separate custody ". 15. New s. 61A. The Principal Act is amended by inserting after section 61 the following section:- " 61A. Issue of ballot - paper in substitution for spoilt one. (1) If the elector to whom the ballot-paper has been delivered satisfies the presiding officer before he has deposited the ballot-paper- in the ballot-box that he has spoilt his ballot-paper by accident or mistake, he may, if the presiding officer thinks fit, on giving up the spoilt ballot-paper, be handed a new ballot-paper by the presiding officer in substitution for the spoilt one. (2) Before being handed a new ballot-paper, the elector shall duly complete and sign a declaration in the prescribed form, endorsed upon an envelope, before the presiding officer that the original ballot-paper has been spoilt by accident or mistake, as the case may be, and shall give such envelope endorsed with the prescribed declaration to the presiding officer with the spoilt ballot-paper. (3) Before handing the new ballot-paper to the elector, the presiding officer shall place the spoilt ballot-paper in the envelope which is endorsed with the prescribed declaration, fasten the envelope and set it aside. for separate custody.". 20

610 Elections Act Amendment Act 1971, No. 42 16. Amendment of s. 63. Section 63 of the Principal Act is amended by- (a) omitting, in paragraph (d) of subsection (2), the words " seven days after the date named in the writ for its return " and inserting in their stead the words " fourteen days after polling day "; (b) in subsection (4)- (i) inserting after subparagraph (iii) of paragraph (b) the following subparagraph:- " (iv) was issued with a ballot-paper for the purpose of voting; or "; (ii) renumbering subparagraph (iv) of paragraph (b) as subparagraph (v); (c) in subsection (11)- (i) omitting the word " and " between paragraphs (a) and (b); (ii) inserting after paragraph (b) the following paragraph: " ; (c) A certificate purporting to be signed by the Principal Electoral Officer stating his opinion that the reason contained in the said form is not a valid and sufficient reason for the failure of the elector to record his vote at an election shall be admissible as evidence of the holding of such opinion by the Principal Electoral Officer and that the reason contained in the said form is not a valid and sufficient reason for the failure of the elector to record his vote at the election, and in the absence of evidence to the contrary shall be conclusive evidence of such matters.". (d) inserting after subsection (15) the following subsection:- "(16) In this section, the term "elector" does not include a person who is deemed to be an elector pursuant to section 10 of this Act.". 17. Amendment of s. 69 . Section 69 of the Principal Act is amended by, in paragraph (a) of subsection (5), omitting subparagraph (i). 18. Amendment of s. 70 . Section 70 of the Principal Act is amended by, in subsection (2), omitting paragraph (i). 19. Amendment of s. 70B . Section 70B of the Principal Act is amended by- (a) in subsection (I)- (i) omitting the words " sixty-nine or seventy " and inserting in their stead the words " 69, 70 or 72 "; (ii) inserting after the words " electoral registrar " where twice occurring, the words ", electoral visitor "; (b) in subsection (2), inserting after the words " electoral registrar" where three times occurring, the words ", electoral visitor "; (c) in subsection (3), inserting after the words " electoral registrar," the words " electoral visitor,". 20. Amendment of s. 71 . Section 71 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting, in the note to that subsection, the words " in case of sickness ";

Elections Act Amendment Act 1971, No. 42 611 (ii) omitting the paragraph (b) commencing with the words " is seriously ill " and inserting in its stead the following pargaraph:- "(b) is an elector pursuant to the provisions of section 10 of this Act; or"; (iii) adding to the paragraph commencing with the words " The application must be signed " the words " Such attestation shall be in the presence of the applicant at the place where the application is made."; (iv) omitting in the paragraph (a) commencing with the words " any returning officer ", the words ", or a duly qualified medical practitioner or duly qualified nurse who is in attendance on the applicant " and inserting in their stead the words "of the State "; (v) omitting subparagraphs (ii), (iii) and (iv) of paragraph (b) of the fourth paragraph and inserting in their stead the following subparagraphs:- " (ii) any officer of the naval, military or air forces of- (A) the Commonwealth; (B) a country, State or territory which is a member or part of the British Commonwealth; or (C) a British possession; (iii) a person employed in the Public Service of- (A) the Commonwealth; (B) a State of the Commonwealth; (C) a country, State or territory which is a member or part of the British Commonwealth; or (D) a British possession; (iv) a justice of the peace for, or a minister of religion resident in,- (A) a State or territory of the Commonwealth; (B) a country, State or territory which is a member or part of the British Commonwealth; or (C) a British possession."; (vi) inserting before the fifth paragraph beginning with the words "An application under subparagraph (c) " the following new paragraph:- " An application under subparagraph (b) of the first paragraph of this subsection must contain a declaration by the applicant setting out the grounds upon which, pursuant to section 10 of this Act, he is entitled to vote at the election.". (b) omitting subsection (IA); (c) omitting subsection (2) and inserting in its stead the following subsection:- " (2) Grant and form of certificate . Upon receipt of the application not later than six o'clock in the afternoon of the day immediately preceding polling day, the returning officer, if satisfied that the applicant is entitled to vote under this section, shall grant a certificate, which shall be duly endorsed upon an envelope and shall be in the prescribed form."; (d) in subsection (3), omitting the words " shall place his initials on the back of the ballot-paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates and ";

612 Elections Act Amendment Act 1971, No. 42 (e) in subsection 8, adding to the first paragraph after the words has been issued " the words ", other than in the case of every elector who is an elector pursuant to section 10 of this Act "; (f) in paragraph (iii) of subsection (9)- (i) inserting , after the word " voter " where first occurring the words ", (other than a voter entitled to vote pursuant to section 10 of this Act),"; (ii) inserting, after the words " voter concerned " the words ", (other than a voter entitled to vote pursuant to section 10 as aforesaid),"; (g) inserting after paragraph (iii) of subsection (9) the following paragraph:- (iv) If the returning officer is not satisfied, in the case of a person purporting to be an elector pursuant to section 10 of this Act, that such person is an elector pursuant to that section, he shall disallow the vote;"; (h) renumbering paragraphs (iv) and (v) of subsection (9) as paragraphs (v) and (vi) respectively. 21. New s. 72. The Principal Act is amended, by inserting after section 71 the following section:- " 72. Electoral visitor voting in cases of illness, etc. (1) An elector who- (a) is seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling place to vote; or (b) in the case of a female, will by her approaching maternity be precluded from attending at any polling place to vote, and who is not eligible under section 71 of this Act to apply for a postal vote certificate may, after the issue of the writ for the election and before six o'clock in the afternoon of the day immediately preceding polling day, apply in the prescribed form to the returning officer for the electoral district in which the elector is at the time of application, to vote before an electoral visitor: Provided that unless the application is made and sent so as to reach the returning officer not later than six o'clock in the afternoon of the day immediately preceding polling day, and unless it so reaches that officer not later than that time, it shall be deemed to be invalid and the elector making the application shall not be entitled to vote under this section. (2) By writing under his hand, the returning officer for each district shall appoint an electoral visitor and may appoint more than one electoral visitor in respect of the district for the purpose of taking votes under this section in the district. (3) The same person may be appointed an electoral visitor for more than one district. (4) The returning officer for a district may himself be the electoral visitor or an electoral visitor in respect of that district. (5) The provisions of section 7 of this Act apply to an electoral visitor in like manner in all respects as they apply to a presiding officer, and such alteration as may be necessary to give effect to this subsection may be made in the form of declaration prescribed pursuant to that section.

Elections Act Amendment Act 1971, No. 42 613 (6) The returning officer shall provide each electoral visitor appointed by him with a ballot-box with a cleft or opening therein capable of receiving an envelope containing a folded ballot - paper. Before providing an electoral visitor with a ballot-box, the returning officer shall take such steps as may be reasonably practicable to exhibit for the inspection of the candidates for the district or their scrutineers , the box open and empty , and shall immediately afterwards close , lock and seal the box, keep the key and deliver the box or cause it to be delivered to the electoral visitor. (7) An application to vote under this section (in this section referred to as an " application ") must be signed by the applicant (in this section referred to as an " applicant ") with his or her own hand in the presence of, and must be declared before and attested by, any elector of the State or a legally qualified medical practitioner or registered nurse who is in attendance on the applicant. (8) (a) If any applicant is an inmate of a hospital or institution which is a polling - place , the application shall contain or be accompanied by a statement signed by a legally qualified medical practitioner or registered nurse who is in attendance on the applicant and stating in the opinion of such medical practitioner or nurse whether or not the applicant will be an inmate of such hospital or institution on polling day and- (i) if so, . whether the applicant will be prevented by the incapacity , illness or other cause by reason whereof he is an inmate of such hospital or institution from voting therein on polling day; or (ii) if not , whether the applicant will' be prevented by the incapacity , illness or other cause by reason whereof he is an inmate from voting at a polling-place on polling day. (b) An applicant who is an inmate of a hospital or institution which is a polling-place shall not be entitled to vote under this section- (i) if the application neither contains nor is accompanied by the statement specified in paragraph ( a) of this subsection; or (ii) if, according to such statement, he will not be an inmate of such hospital or institution on polling day and will be capable of voting at a polling-place on such day; or (iii) if, according to such statement , he will be an inmate of such hospital or institution and capable of voting therein on polling day, and no such application shall be granted by the returning officer. (9) Any person to whom an application is entrusted by an applicant for the purpose of posting or delivery to a returning officer and who fails to post or deliver forthwith the application, is guilty of an offence. (10) Upon receipt of the application not later than six o'clock in the afternoon of the day immediately preceding polling day, the returning officer , if satisfied that- (i) the application is properly signed by the applicant, is properly attested and is otherwise completed; and

614 Elections Act Amendment Act 1971, No. 42 (ii) the place at which the applicant is at the time of application, as set forth in the application, is situated within the district for which he is returning officer, shall as early as practicable direct an electoral visitor for the district to visit the applicant for the purpose of taking the vote of the applicant (in this section hereafter referred to as an " electoral visitor vote " where the name of the applicant is upon the roll of electors entitled to vote for the electoral district in which he is at the time of application or hereafter referred to as an " electoral visitor absent vote " where the applicant states in his application to the returning officer that his name is upon the roll of electors entitled to vote for an electoral district other than the electoral district in which he is at the time of application): Provided that where the applicant, in his application to the returning officer, states his name is upon the roll of electors entitled to vote for the electoral district in which he is at the time of application, the returning officer, upon being satisfied that the name of the applicant is not upon the roll of electors entitled to vote for the district, shall notify the applicant accordingly and shall not give any such direction to an electoral visitor. (11) If there is time conveniently to do so, the returning officer shall on all copies of rolls issued by him for use at the election make a note against the name of every applicant for the taking of whose electoral visitor vote a direction has been issued to an electoral visitor by the returning officer. If there is not time conveniently to make any such note on the rolls, the returning officer shall immediately advise all presiding officers of such direction. (12) (a) As soon as practicable after an electoral visitor has received a direction from the returning officer to visit any applicant or applicants under this section, the electoral visitor shall, where practicable, notify each candidate for the district for which he has been appointed electoral visitor of the time or times on any specified day when he proposes, and the place from which he proposes, to commence making such a visit or visits. (h) (i) In this section, except where the context otherwise indicates, the term " scrutineer " means a person appointed, in the manner prescribed, by a candidate to act as scrutineer on his behalf at the exhibiting of a ballot-box for inspection pursuant to subsection (6) of this section or at the taking of a vote by an electoral visitor under this section. (ii) A candidate may appoint, by writing under his hand, a scrutineer or scrutineers- (A) at the exhibiting-of a ballot-box for inspection pursuant to subsection (6) of this section, (B) at the taking of votes by electoral visitors under this section : Provided that one, and only one. scrutineer for each candidate is entitled to be present in the room or place in which a ballot-box is being exhibited for inspection or a vote is being taken under this section, except that a second scrutineer for a candidate may enter a room or place in which a ballot-box is being so exhibited or a vote is being so taken for the purpose of taking the place of a scrutineer for the candidate in question already present therein.

Elections Act Amendment Act 1971, No. 42 615 (iii) Every person appointed scrutineer under this subsection shall upon his appointment make and subscribe before the returning officer or an electoral visitor for the district a solemn declaration in the prescribed form. (iv) An electoral visitor shall transmit to the returning officer every solemn declaration made and subscribed before him by a scrutineer. (v) A person shall not , without lawful authority, prevent or attempt to prevent a scrutineer from being present in a room or place in which- (A) a ballot-box, in relation to the exhibiting of which for inspection he is appointed , is being exhibited for inspection under this section; (B) a vote , in relation to the taking of which he is appointed , is being taken under this section. (13) (a) Every visit by an electoral visitor under this section shall be made on or before polling day at a reasonable hour but no visit shall be made after six o'clock in the afternoon of polling day. (b) Where the applicant- (i) cannot be located by the electoral visitor at the time, or within one half hour of the time , of his visit to the place set forth in the application as the place at which the applicant is at the time of application; or (ii) for any reason is unable or unprepared to vote within one half hour after the electoral visitor has indicated to the applicant or to any person in charge or apparently in charge of the applicant that he is available for the purpose of taking the vote of the applicant, the electoral visitor may terminate his visit and shall not be required to make a further visit under this section to such applicant in respect of the same election. The provisions of this paragraph apply subject to the provisions of subsection (20) of this section. (14) An electoral visitor shall not visit an applicant for the purpose of taking his vote under this section unless directed so to do by the returning officer, and, subject to subsection (15) of this section , it shall not be lawful for an electoral visitor to visit an applicant for the purpose of taking the vote of such applicant under this section at any place which is outside a district for which the electoral visitor is appointed. (15) Notwithstanding any other provision of this. section, where a by- election is being held in respect of an electoral district (including an adjourned election on account of the death of a candidate pursuant to section 47 of this Act), an elector for the electoral district in question may make an application to vote under this section to the returning officer for the district if he satisfies all the requirements of this section as an applicant to vote before an electoral visitor save that the place at which he is at the time of application, as set forth in the application (hereafter in this subsection called " the said place "), is situated outside the district , but is less than five miles by the nearest

616 Elections Act Amendment Act 1971, No. 42 practicable route from any polling - place open on polling day for the purposes of the by - election , and an electoral visitor appointed in respect of the district may at the direction of the returning officer ( which direction he is hereby authorized to give) visit the elector at the said place for the purpose of taking his vote. For the purpose of the operation of this section in all other respects , the said place shall be deemed to be within the electoral district in question and the provisions of this section shall apply accordingly. (16) (a) An electoral visitor- (i) may of his own motion if he thinks fit; and (ii) shall if thereunto required by a candidate or scrutineer upon grounds stated by that candidate or scrutineer (being in the case of the question numbered ( 3) set out hereunder in this subsection, one or more of the grounds prescribed by this Act as disqualifying from voting the person to whom the question is required to be put) and warranting , in the opinion of the electoral visitor, the putting thereof, put to any applicant before he votes and not afterwards any one or more of the following questions , namely:- (1) Are you the same person whose name appears as (A., B., number ............) in the roll for the electoral district of ( here state the name of the electoral district, where the roll is available to the electoral visitor for the purpose of the question)? or (1) Is your name ( A., B.,) and does your name so appear in the roll for the electoral district of ( here state the name of the electoral district for which the applicant states in his application that his name is upon the roll, where the roll is not available to the electoral visitor for the purpose of the question)? (2) Have you already voted at any place at the present election for the electoral district of (here state the name of the electoral district in question)? (3) Are you disqualified from voting for the reason that (here state the ground for this question)? (b) An applicant required to answer such questions , or any of them , shall not be permitted to vote until he has answered the same in writing signed by him to the satisfaction of the electoral visitor , and in such a manner as to show that he is entitled to vote. (c) If any applicant , having been required to answer such questions , or any of them , makes a false answer in any material particular and thereafter votes, his vote may be disallowed by the Elections Tribunal. (17) The electoral visitor shall hand to the applicant- (i) in the case of an electoral visitor vote, the prescribed form of certificate endorsed on an envelope; (ii) in the case of an electoral visitor absent vote, the prescribed form of declaration endorsed on an envelope.

Elections Act Amendment Act 1971, No. 42 617 The electoral visitor shall not hand a ballot-paper to the applicant until he has obtained from him- (iii) in the case of an electoral visitor vote, the envelope endorsed to his satisfaction with the certificate duly completed and signed by the applicant with his own hand in the presence of the electoral visitor; (iv) in the case of an electoral visitor absent vote, the envelope endorsed to his satisfaction with the answers to the questions thereon signed by the applicant with his own hand and the applicant has, in the presence and hearing of the electoral visitor, declared that the answers to such questions are true and that the signature is his. Upon receipt of the envelope endorsed with the signed certificate or declaration, as the case may be , the electoral visitor shall then and there fill in the correct date and attest the signature of the applicant. The electoral visitor shall 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 51 of this Act , a list of the names of all the candidates if it does not contain a printed list of the names of such candidates, and shall then hand the ballot-paper to the applicant. (18) The applicant shall- (i) in the presence but not in the sight of the electoral visitor or any other person vote in the manner prescribed; (ii) then fold the ballot-paper so as to conceal the manner in which he has voted; (iii) then obtain from the electoral visitor the envelope endorsed with the certificate or declaration , as the case may be , place the folded ballot-paper therein, and fasten the envelope; (iv) then place the fastened envelope in the ballot-box provided by the electoral visitor. (19) (a) If an applicant to whom a ballot-paper has been handed under this section satisfies the electoral visitor before he has placed the ballot-paper in the envelope and fastened the envelope in manner prescribed that he has spoilt his ballot-paper by accident or mistake, he may, if the electoral visitor thinks fit, on giving up the spoilt ballot-paper , be handed a new ballot-paper by the electoral visitor in substitution for the spoilt one. (b) Before being handed a new ballot-paper, the applicant shall duly complete and sign a declaration in the prescribed form, endorsed upon an envelope , before the electoral visitor that the original ballot - paper has been spoilt by accident or mistake, as the case may be, and shall give such envelope endorsed with the prescribed declaration to the electoral visitor with the spoilt ballot-paper.

618 Elections Act Amendment Act 1971, No. 42 (c) Before handing the new ballot - paper to the applicant, the electoral visitor shall place the spoilt ballot-paper in the envelope which is endorsed with the prescribed declaration, fasten the envelope and set it aside for separate custody. (20) A vote may not be taken under this section by an electoral visitor at any time after six o ' clock in the afternoon of polling day: Provided however that an electoral visitor may take the vote of an applicant whom , pursuant to subparagraph (a) of subsection ( 13) of this section , he visits not later than six o'clock in the afternoon of polling day even though the taking of such vote is not completed until after that time , but the electoral visitor shall complete the taking of such vote with the least possible delay. (21) An electoral visitor shall , in respect of each district for which he has taken the vote of an applicant under this section, make a record in the prescribed form. (22) Any person present when an applicant is before an electoral visitor for the purpose of voting under this section shall- (a) obey all directions of the electoral visitor; and (b) except as provided in section 70B of this Act- (i) refrain from making any communication whatever with the applicant in relation to his vote; (ii) refrain from assisting the applicant or in any manner interfering with him in relation to his vote; and (iii) refrain from looking at the applicant ' s vote or from doing anything whereby he may become acquainted with the applicant ' s vote. (23) No person other than- (a) the applicant to whom a ballot - paper has been handed under this section; or (b) the elector appointed by, or an electoral visitor requested by, the applicant pursuant to section 70B of this Act, shall place any mark upon the ballot - paper. (24) An electoral visitor shall not- (a) influence or attempt to influence in any way the vote of an applicant; (b) suffer or permit a person to influence or attempt to influence in any way the vote of an applicant or to otherwise interfere in any way with an applicant in relation to his vote; (c) look at or make himself acquainted with the vote given by an applicant or assist an applicant to vote except in the course of acting in accordance with a request by the applicant pursuant to section 70B of this Act; (d) suffer or permit a person to see or become acquainted with the vote given by an applicant or to assist an applicant to vote except where that person is acting in accordance with an appointment made by the applicant pursuant to section 70B of this Act.

Elections Act Amendment Act 1971 , No. 42 619 (25) An electoral visitor shall , immediately after he has, as far a s practicable, carried out all the directions of the returning officer and complied with the provisions of this section in relation to the taking of votes under this section, deliver , or cause to be sent or transmitted to the returning officer, the locked and sealed ballot-box and all forms of record made by him pursuant to subsection (21) of this section. (26) A person shall not, without lawful authority prevent or attempt to prevent an electoral visitor from being present in a room or place for the purpose of taking the vote of an applicant , or from otherwise exercising his powers or discharging his duties under this Act. (27) No person other than the returning officer for the district in which a vote under this section has been taken shall open any ballot - box delivered or sent to the returning officer under this section or any envelope containing the vote of any applicant under this section. The returning officer shall from time to time open any such ballot-box and , without opening any envelopes , separate the envelopes endorsed with a declaration from the envelopes endorsed with a certificate. Where an electoral visitor shall have taken electoral visitor absent votes under this section for more than one district, the returning officer shall first sort the envelopes endorsed with a declaration into separate parcels according to the districts for which those votes have been so taken. The returning officer shall then, in respect of each such district respectively , enclose , in a securely fastened outer envelope, the parcel of envelopes , the application relating to each electoral visitor absent vote and the notification, in the prescribed form, of the number of electoral visitor absent votes taken under this section for that district. The returning officer shall transmit by post or by some other suitable form of transmission every such outer envelope properly addressed to the returning officer for the respective district. .. (28) At the scrutiny the returning officer shall produce, unopened , all envelopes containing electoral visitor votes in respect of his district and all envelopes containing electoral visitor absent votes in respect of his district , taken under this section and received by him up to the end of the period of fourteen days immediately succeeding the close of the poll, and all applications relating to those votes. The returning officer shall in each case, without opening the envelope endorsed with the certificate or the declaration, as the case may be, compare the signature of the certifier or the declarant on the envelope with the signature of the applicant on the application and allow each candidate or his scrutineer who is present to inspect the. same , and the returning officer shall determine whether the signature on such envelope is that of the applicant. If the returning officer is satisfied that the applicant is enrolled and if the vote is allowed , he shall, before opening the envelope, place a mark against the name of the applicant in the roll used

620 Elections Act Amendment Act 1971, No. 42 by him at the election in question and, after so doing, open the envelope containing the ballot-paper and, without then unfolding the ballot-paper, place it in a ballot-box. Fcrthwith upon so doing, he shall attach the envelope by gum or other suitable means to the application relating thereto. Subject to section 72A of this Act, a ballot-paper shall not be allowed at the scrutiny unless it is enclosed in an envelope endorsed in manner prescribed by this section. If the returning officer disallows a vote, the unopened envelope and the application relating thereto shall be attached one to the other by gum or other suitable means and shall be set apart for separate custody. (29) When the returning officer shall have dealt with all the envelopes containing electoral visitor votes and electoral visitor absent votes taken 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 such and so many ballot-papers recording those votes as he shall have placed therein; and shall so proceed in respect of every such time until the day when all such 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 74 of this Act to be rejected at the close of the poll. (30) Any person who contravenes or fails to comply with any of the provisions of this section is guilty of an offence and liable to a penalty not exceeding $200 or to imprisonment for a term not exceeding six months." 22. Amendment of s. 72A. Section 72A of the Principal Act is amended by- (a) omitting the words " or electoral registrar" where twice occurring and inserting in their stead the words ", electoral registrar or electoral visitor "; (b) inserting after the words " presiding officer, electoral registrar " where three times occurring, the words ", electoral visitor ". 23. Amendment of s. 74. Section 74 of the Principal Act is amended by, in subsection (1), omitting paragraph (a), and the word " or occurring between paragraphs (a) and (b). 24. Amendment of s. 76. Section 76 of the Principal Act is amended by- (a) omitting the words " on polling day and on all days to which the polling is adjourned " and inserting in their stead the words " on and after the issue of the writ for an election and until the close of the poll "; (b) omitting the words "or within a polling booth" and inserting in their stead the words " or a vote is being cast for the election or within a polling booth or a place where a vote is being so cast,"; (c) omitting paragraph (e) and inserting in its stead the following paragraph:- " (e) Loitering or obstructing the free passage of voters.".

Elections Act Amendment Act 1971, No. 42 621 25. Amendment of s. 77. Section 77 of the Principal Act is amended by- (a) inserting after the words " polling booth " the words " or other place of voting for an election "; (b) inserting after the words " poll clerk," the words " electoral visitor ". 26. Amendment of s. 79. Section 79 of the Principal Act is amended by- (a) adding to subsection (2) the following paragraphs:- " Every such presiding officer shall also make out and sign a written statement in the prescribed form containing the number in words as well as figures of the votes polled by being placed in the ballot-box at the group polling place and send it to the assistant returning officer at the central polling place of the group with all books and papers used by him during the polling as aforesaid. He shall with the least possible delay send a copy of the statement to the Under Secretary, Department of Justice. Each assistant returning officer shall in like manner make out and sign a statement of the votes polled by being placed in the ballot-box at the group polling place at which he officiated and send it to the said Under Secretary."; (b) in subsection (3), inserting after the word " ballot-boxes," where first occurring in subparagraph (a) of paragraph (i) the words " open the ballot-boxes and then, without examining the votes, count and make a record of the number of ballot-papers contained in each ballot-box ". 27. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 27] Provisions to be amended Omit Insert Section 26 Section 31 . Section 33 (2) Section 41 (1) Section 51 (12) Section 63 (10) Section 63 (10) Section 63 (12) Section 63 (12) Section 69 (4) Section 70 (5) Section 70 (6) Section 76 Section 77 two pounds two shillings and sixpence five pounds twenty pounds one hundred pounds two shillings and sixpence two pounds two shillings and sixpence two pounds fifty pounds one hundred pounds one hundred pounds twenty pounds twenty pounds $4 25 cents $10 $40 $200 25 cents. $4 25 cents $4 $100 $200 $200 $40 $40

622 Elections Act Amendment Act 1971, No. 42 THE SCHEDULE- continued AMENDMENTS RELATING TO DECIMAL CURRENCY- continued Provisions to be amended Section 90 Section 91 (1) Section 91 (2) Section 91A Section 91B (1) Section 91B (2) . .. Section 95 (1) .. Section 95 (2) Section 96 Section 97 (1) Section 97 (1) Section 97 (2) Section 98 Section 100 (2) Section 107 Section 137 omit ten pounds fifty pounds fifty pounds one hundred pounds one hundred pounds one hundred pounds fifty pounds ten pounds one hundred pounds two hundred pounds ten pounds .. fifty pounds . . twenty pounds ten pounds two hundred pounds five hundred pounds Insert $20 $100 $100 $200 $200 $200 $100 $20 $200 $400 $20 $100 $40 $20 $400 $1,000