Elections Act Amendment Act 1976 (Qld)

102 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1976 An Act to amend the Elections Act 1915-1973 in certain particulars [ASSENTED TO 15TH APRIL, 1976] 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 . (1) This Act may be cited as the Elections Act Amendment Act 1976. (2) The Elections Act 1915-1973 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 1915-1976.

Elections Act Amendment Act 1976, No. 13 103 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in the meaning of the term " Absent vote "- (i) omitting the word " or " occurring between paragraphs (b) and (c) ; (ii) inserting after paragraph (c) the following paragraph:- "; or (d) pursuant to the provisions of section 70A: "; (b) inserting after the term " Nomination day " and its meaning the following term and meaning:- Overseas officer "-A person appointed as an overseas officer pursuant to section 70A;"; (c) omitting the term " Postmaster " and its meaning; (d) omitting the term " Under Secretary, Department of Justice and its meaning. 4. Amendment of s. 5. Section 5 of the Principal Act is amended by, in subsection (5)- (a) omitting the word " Deputy "; (b) omitting the word " deputy " and substituting the word " person ". 5. Amendment of s. 7. Section 7 of the Principal Act is amended by omitting from the fourth paragraph, being the paragraph commencing with the words " Every returning officer ", all words occurring after the words " seven days after the " and substituting the words " receipt by him of notification of his appointment, transmit the solemn declaration made and subscribed by him under this section to the Principal Electoral Officer.". 6. Amendment of s. 11 . Section I I of the Principal Act is amended by omitting the words " of unsound mind " and substituting the words " mentally ill and incapable of managing his estate ". 7. Amendment of s. 14. Section 14 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words " a list containing names registered " and substituting the words " all claims and applications pursuant to sections 21, 22, 23 and 24 received by him "; (ii) omitting the word " lists " and substituting the words " said claims and applications (b) omitting subsection (2A) and substituting the following subsection:- " (2A) General rolls 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."; (c) omitting subsection (2B);

104 Elections Act Amendment Act 1976, No. 13 (d) in subsection (5), omitting the word " addition " where twice occurring and substituting in each case the word " occupation ". 8. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (2), omitting the word " electorate " and substituting the words " electoral district ". 9. Amendment of s. 22. Section 22 of the Principal Act is amended by omitting all words occurring after the words " he shall " and substituting the words " forward the claim to the Principal Electoral Officer who shall, pursuant to the claim, if he is satisfied that the claimant is entitled to be enrolled-- (a) enter the claimant's name and the particulars relating to him on the proper roll; and (b) notify the claimant and the electoral registrar with respect to the claim in the manner prescribed.". 10. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in subsection (2), omitting the word " electorate " and substituting the words " electoral district "; (b) in subsection (3), omitting all words occurring after the words " the transfer," and substituting the words " forward it to the Principal Electoral Officer who shall, pursuant to the application, if he is satisfied that the applicant is entitled to the transfer- (a) enter the elector's name and the particulars relating to him on the proper roll; (b) remove the elector's name 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, and the electoral registrar keeping the roll from which the elector's name is being transferred shall forthwith remove the elector's name therefrom.". it. Amendment of s. 24. Section 24 of the Principal Act is amended by- (a) in subsection (2), inserting after the words " by the elector " the words " and witnessed by any elector who shall record his electoral district after his name, or any prescribed person,"; (b) in subsection (3), omitting all words occurring after the words " entitled to the change," and substituting the words " forward it to the Principal Electoral Officer who shall, pursuant to the application, if he is satisfied that the applicant is entitled to the change- (a) enter the elector's name and the particulars relating to him on the proper divisional roll; (b) remove the elector's name 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 elector 's name is being changed shall forthwith remove the elector's name therefrom.".

Elections Act Amendment Act 1976, No. 13 105 12. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in paragraph (b) of subsection (1)- (i) omitting the word " addition " occurring in subparagraph (i) and substituting the word " occupation "; (ii) omitting the word " addition " occurring in subparagraph (ii) and substituting the words " address or occupation "; (b) in paragraph (a) of subsection (4)- (i)- inserting after the words " the Registrar-General," the words the Public Curator "; (ii) inserting after the words " Government Printer or any of his employees " the words " or any other person associated with or engaged in the compilation or printing of any general or supplemental roll of electors "; (c) in paragraph (b) of subsection (4)--- It or ( aid) vinicseerrtienlgatainftgertothaenwyopredrss"onrewtuhrno oisf cmoennvtiacltleyd ipllerasnodnsin"ctahpeawbloerdosf managing his estate "; (ii) inserting after the words " an objection by " the words " the Principal Electoral Officer or ". 13. Amendment of s. 30. Section 30 of the Principal Act is amended by- (a) in subsection (1), omitting the word " twenty-one " where twice occurring and substituting the word " eighteen " in each case; (b) inserting after subsection (3) the following subsection:- " (4} Advice from Public Curator with respect to certain mentally ill persons . (a) The Public Curator 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 eighteen years who is notified to him under the Mental Health Act1974 as being mentally ill and incapable of managing his estate. (b) Where it comes to the notice. of the Public Curator that the Supreme Court or a Judge thereof has made a declaration that a person of or above the age of eighteen years is mentally ill and incapable of managing his estate,, the Public Curator 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 Curator 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 Mental Health Act1974 for any reason other than the death of that person, the Public Curator shall advise the Principal Electoral Officer accordingly and also the reason for such authority so ceasing.". 14. Amendment 'of s. 31. Section 31 of the Principal Act is amended by- (a)'in subsection (1), inserting before - the words " the electoral registrar " where three- times occurring the words " the Principal Electoral Officer or " in each case; (b) in subsection (2), inserting before the words " the electoral registrar " the words " the Principal Electoral Officer or "; .. (c) in subsection (3), inserting before the words " each electoral registrar " the words " the Principal Electoral Officer and of ";

106 Elections Act Amendment Act 1976, No. 13 (d) in subsection (4)- (i) inserting before the words " an electoral registrar " the words " the Principal Electoral Officer or "; (ii) inserting before the words " the electoral registrar " the words " the Principal Electoral Officer or ". 15. Amendment of s. 32. Section 32 of the Principal Act is amended by inserting before the words " electoral registrar " where four times occurring the words " Principal Electoral Officer or the " in each case. 16. Amendment of s. 33. Section 33 of the Principal Act is amended by inserting before the words " electoral registrar " where seven times occurring the words " Principal Electoral Officer or the " in each case. 17. Amendment of s. 34. Section 34 of the Principal Act is amended by inserting before the words " electoral registrar " where five times occurring the words " Principal Electoral Officer or the " in each case. 18. Amendment of s. 35A. Section 35A of the Principal Act is amended by- (a) in paragraph (a) of subsection (1), omitting the words " the Principal Electoral Officer, an electoral registrar, or other officer employed in the office establishment of the Principal Electoral Officer or of an electoral registrar, or committed by the Government Printer or any of his employees " and substituting the words ", or by an officer employed in the office establishment of, the Principal Electoral Officer, an electoral registrar , the Registrar-General, the Public Curator or the Comptroller- General of Prisons, or by 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 "; (b) in paragraph (b) of subsection (I)- (i) inserting after the words " claimed under this section " the words " 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 30,"; (ii) inserting after the words " objection by " the words " the Principal Electoral Officer or "; (c) in subsection (2), omitting from paragraph (iii) the words " from the proper electoral registrar ". 19. Amendment of s. 41. Section 41 of the Principal Act is amended by, in subsection (l), omitting the expression " S40 " and substituting the expression " 5100 ". 20. Amendment of s. 51 . Section 51 of the Principal Act is amended by- (a) inserting in paragraph (b) of subsection (1), after the words " returning officers.", the words " overseas officers,": (b) in subsection (2)- (i) omitting the word " additions." occurring in paragraph (f) and substituting the word " occupations,"; (ii) inserting in paragraph (j), after the expression " 70,", the expression " 70A,":

Elections Act Amendment Act 1976, No. 13 107 (c) in subsection (6)- (i) inserting in subparagraph (a) of paragraph (i), after the words returning officers ", the words ", overseas officers "; (ii) inserting in paragraph (ii), after the words " returning officer where four times occurring, the words ", overseas officer " in each case; (iii) omitting the word " both " where first occurring in paragraph (ii) (being in the third subparagraph thereof); (iv) inserting in paragraph (iii), after the words " returning officer ", the words ", overseas officer "; (d) in subparagraph (c) of paragraph (i) of subsection (10)- (i) inserting after the words " returning officer " where first occurring the words ", every overseas officer "; (ii) inserting after the words " returning officer " where second occurring the words ", an overseas officer "; (e) in subsection (11), inserting after the words " returning officer.", the words " ° an overseas officer, an electoral registrar,"; (f) in subsection (14), omitting the words " the Mayor and "; (g) in subsection (15), omitting the words " electorate which he contested." and- substituting the words " electoral district in respect of which he was a candidate."; (h) inserting after subsection (15) the following subsection:- " (16) No misnomer of any candidate in any ballot-paper, whether the name is printed or written pursuant to this Act, shall affect the full operation of the ballot-paper under this Act where, having regard to all the circumstances including any publicity in connexion with the election, the reference in the ballot-paper reasonably appears to be a reference to that candidate notwithstanding the misnomer.". 21. Amendment of s. 56. Section 56 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:- " (3) The prescribed questions shall be endorsed upon an envelope and when the person required to answer them, or any of them, has done so in writing signed by him and otherwise satisfied the requirements of this section, he shall- (a) record his vote in the manner prescribed; (b) then fold the ballot-paper so as to conceal the manner in which he has voted; (c) then hand the folded ballot-paper to the presiding officer, and the presiding officer shall, without unfolding the ballot-paper and in the presence and sight of the elector and of such candidates and scrutineers, if any, as are present, place it in the envelope on which the prescribed questions are endorsed and, after securely fastening the envelope, set it aside for separate custody. (4) At the scrutiny the returning officer shall produce unopened all envelopes received by him immediately containing votes for his district permitted under this section and, if he is satisfied in every respect that the person who voted was entitled to do so, 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.

108 Elections Act Amendment Act 1976, No. 13 (5) If the returning officer is not so satisfied in every respect that the person who voted was entitled to do so 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. (6) When the returning officer shall have dealt with all the envelopes containing votes permitted under this section produced by him at the scrutiny, 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: Provided that he shall reject any of those ballot-papers required by the provisions of section 74 to be rejected at the close of the poll.". 22. Amendment of s. 62 . Section 62 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:- " (3) When the person required to answer the prescribed questions has done so in writing signed by him and otherwise satisfied the requirements of this section, he shall- (a) record his vote in the manner prescribed ; (b) then fold the ballot-paper so as to conceal the manner in which he has voted; (c) then hand the folded ballot-paper to the presiding officer, and the presiding officer shall, without unfolding the ballot-paper, and in the presence and sight of the elector and of such scrutineers, if any, as are present, place it in the envelope on which the prescribed questions are endorsed and, after securely fastening the envelope, set it aside for separate custody. (4) At the scrutiny the returning officer shall produce unopened all envelopes received by him immediately containing votes for his district permitted under this section and, if he is satisfied in every respect that the person who voted was entitled to do so, 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. (5) If the returning officer is not so satisfied in every respect that the person who voted was entitled to do so 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. (6) When the returning officer shall have dealt with all the envelopes containing votes permitted under this section produced by him at the scrutiny, 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: Provided that he shall reject any of those ballot-papers required by the provisions of section 74 to be rejected at the close of the poll.".

Elections Act Amendment Act 1976, No. 13 109 23. Amendment of s. 63. Section 63 of the Principal Act is amended by- (a) in subsection (10), omitting the words " less than 25 cents and not more than S4 " and substituting the words " more than $10 "; (b) in subsection (12), omitting the words " less than 25 cents nor more than t34 " and substituting the words " more than $10 "; (c) in subsection (15), omitting the words " the Mayor and ". 24. Amendment of s. 69 . Section 69 of the Principal Act is amended by omitting subsection (12) and substituting the following subsection:- (12) Notwithstanding that- (a) only one person may be duly nominated as a candidate for any district and that in consequence no poll is required to be taken of the electors of that district; or (b) because of the death of a candidate after the hour of noon on nomination day and before polling day no poll is to be taken of the electors of the district in question on the day for taking the poll and the writ is deemed to be vacated in accordance with section 47, the provisions of this section shall apply and be observed in order to enable electors of other districts to vote as absent voters in that district, and for that purpose the word " poll " where it occurs in sections 49 and 52 shall be deemed to include a poll of absent voters as provided by this section taken on the polling day mentioned in subsection (1).". 25. Amendment of s. 70. Section 70 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " travelling " the words or engaged in work or duty in respect of his occupation or calling,"; (b) inserting after subsection (1) the following subsection:- " (IA) Where an elector, pursuant to subsection (1), attends before the returning officer for the district for which he is enrolled at a place other than the place where the returning officer usually performs his duties as returning officer, the returning officer, as a condition precedent to taking the vote of the elector shall- (a) first have given reasonable notice of his intention to take the vote of the elector and of the place where and time when he intends to do so to each candidate for the district for which he is returning officer; and (b) provide at such place where he intends to take the vote of the elector a polling-booth with a compartment to enable the elector to record his vote, and have with him a ballot-box into which he shall place the envelope immediately contairfng, pursuant to subsection (3), the vote permitted by him under this section."; (c) in subsection (2), omitting paragraph (b); (d) inserting after subsection (2) the following subsection:- (2A) A declaration to which paragraph (c) of subsection (2) refers, based on an elector's reason to believe that he will throughout the hours of polling on polling-day be engaged in work or duty in respect of his occupation or calling under

110 Elections Act Amendment Act 1976, No. 13 conditions which will preclude him from voting at any polling booth in the State, shall be accompanied by a certificate in the prescribed form from his employer, foreman or other person having superintendence over his work or duty."; (e) in subsection (3), inserting after the words " for posting " the words " or delivery "; (f) in subsection (5)- (i) inserting after the words " for posting " the words " or delivery "; (ii) inserting after the words " polling day " the words " or deliver it to the returning officer before six o'clock in the afternoon of polling day "• , (g) in subsection (6), inserting after the words " for posting " the words " or delivery "; (h) in subsection (8)- (i) inserting in paragraph (a) after the words " envelopes received by post by him " the words " or delivered to him "; (ii) inserting in subparagraph (i) of paragraph (b) after the words Received by post by " the words " or delivered to ". 26. New s. 70A. The Principal Act is amended by inserting after section 70 the following section:- " 70A. Voting by electors in London or other prescribed city outside Australia . (1) (a) The Governor in Council may appoint as an overseas officer or overseas officers an officer or officers (who or each of whom shall hereafter in this section be referred to as " the officer ") of the Office of the Agent-General for Queensland in London or of such other office or other place and in such other city outside Australia as may be prescribed by Order in Council, the Governor in Council being hereby thereunto authorized, for the purpose of enabling any elector absent from Queensland to exercise the right to vote personally at an election for a district. (b) A person who is under the age of 18 years shall not be appointed as the officer. (2) (a) The officer shall, before he enters on the duties of his office, make and subscribe a declaration in the prescribed form. (b) The declaration shall be made and subscribed before a justice of the peace or a person employed in the Public Service of- (i) the Commonwealth; (ii) a State of the Commonwealth; (iii) a country, State or territory which is a member or part of the British Commonwealth; or (iv) a British possession. (c) The officer shall, upon making and subscribing the declaration, transmit it forthwith to the Principal Electoral Officer. (3) (a) A person claiming to be an elector (hereinafter in this section referred to as an " elector ") may attend before the officer at the office of the Agent-General for Queensland in London or at such other office or other place and in such other city as aforesaid and vote at an election for a district at any time not earlier than seventy-two hours after the hour of noon on nomination day and not later than six o'clock in the afternoon of the day next preceding polling day.

Elections Act Amendment Act 1976, No. 13 11 1 (b) For the purposes of this subsection. a reference to time shall be taken to be a reference to the local time in the city in question. (4) (a) For the purpose of subsection (3), the officer shall hand to the elector a form of declaration in the prescribed form endorsed on an envelope. (b) The officer shall not hand a ballot-paper to the elector until he has obtained from him the envelope endorsed to his satisfaction with the answers to the questions thereon signed by the elector with his own hand and the elector has, in the presence and hearing of the officer, declared that the answers to such questions are true and that the signature is his. (c) Upon receipt of the envelope endorsed with the signed declaration, the officer shall then and there fill in the correct date and attest the signature of the elector. (d) The officer shall write on the ballot-paper a list of the names of all the candidates for the district for which the elector claims to vote if it does not contain a printed list of the names of such candidates, and shall then hand the ballot-paper to the elector. (e) The elector shall- (i) in the presence but not in the sight of the officer 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 officer the envelope endorsed with the declaration, place the folded ballot-paper therein, and fasten the envelope; (iv) then hand the fastened envelope to the officer. (f) The officer shall set the fastened envelope aside for separate custody. (5) (a) If an elector to whom a ballot-paper has been handed satisfies the officer before he has placed the ballot-paper in the envelope and fastened the envelope that he has spoilt his ballot- paper by accident or mistake, he may, if the officer thinks fit, on giving up the spoilt ballot-paper, be handed a new ballot-paper by the officer in substitution for the spoilt one. (b) Before being handed a new ballot-paper, the elector shall duly complete and sign a declaration in the prescribed form endorse ii upon an envelope before the 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 officer with the spoilt ballot-paper. (c) Before handing the new ballot-paper to the elector, the 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. (6) (a) The officer shall make, in the prescribed form, a record of the name of every ejector permitted by him to vote under this section, the district for which the vote is permitted, and the full address of the elector, as stated by the elector, on the roll for that district.

112 Elections Act Amendment Act 1976, No. 13 (b) Where the officer permits votes under this section for more than one district, he shall make a separate and distinct such record in respect of each such district. (c) The officer shall initial separately the particulars so recorded by him in respect of each elector. (7) As soon as may be after six o'clock in the afternoon of the day next preceding polling day as referred to in subsection (3), the officer shall- (i) in respect of each district for which a vote has been permitted, enclose in a securely fastened outer envelope endorsed " Record of London (or other city as the case may be) Voters " the form of record made by him in compliance with subsection (6); (ii) transmit by air each such envelope, properly addressed, to the returning officer for the district in question; (iii) enclose in a securely fastened outer envelope all envelopes containing votes for a district permitted by him under this section. Where the officer shall have permitted votes under this section for more than one district he shall first sort the envelopes containing those votes into separate parcels according to the districts for which those votes have been so permitted and then enclose the envelopes containing the votes for each such district respectively in a securely fastened outer envelope; (iv) transmit by air every such outer envelope, properly addressed, to the returning officer for the district respectively for which the votes enclosed therein have been permitted. (8) The provisions of subsection (8) of section 69 shall with all necessary adaptations apply with respect to all envelopes and votes received by a returning officer pursuant to this section. (9) A signature upon an envelope endorsed with the declaration of an elector voting pursuant to this section purporting to be the signature of a voter shall, upon a scrutiny, without further proof, be prima facie evidence that such voter voted at the election as an elector pursuant to this section. (10) Without derogating from any of the provisions of this section and for the purpose of giving full effect to such provisions, the officer shall have all the functions, powers, duties Aancdt. 1 l 1 iabilities of a presiding officer appointed pursuant to this 27. Amendment of s. 70B . Section 70B of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the expression " 70 " the expression ", 70A"; (ii) inserting after the words " presiding officer," where twice occurring the words " overseas officer," in each case;

Elections Act Amendment Act 1976, No. 13 113 (b) in subsection (2), inserting after the words " presiding officer," where three times occurring the words " overseas officer," in each case; (c) in subsection (3), inserting after the words " presiding officer," the words " overseas officer,". 28. Amendment of s. 72. Section 72 of the Principal Act is amended by- (a) inserting after subsection (2) the following subsection:- " (2A) A person who is under the age of 18 years shall not be appointed as an electoral visitor."; (b) in subsection (16), omitting paragraph (c) and substituting the following paragraphs:- " (c) When the applicant required to answer the prescribed questions or any of them has done so in writing signed by him and otherwise satisfied the requirements of this subsection, he shall hand the form on which those questions are endorsed to the electoral visitor and shall comply with the provisions of subsection (17) in relation to the completion: of the prescribed form of certificate or declaration, as the case may be, and after he has, pursuant to subsection (18), fastened the envelope endorsed with the certificate or declaration but before he has placed it in the ballot-box, he shall make it available, for the electoral visitor to attach to the back thereof by gum or other suitable means the form on which the prescribed questions are endorsed; and the electoral visitor shall attach such form. thereto accordingly. (d) Without derogating from any other provisions of this section, if at the scrutiny the returning officer on producing 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 pursuant to subsection (28)- (i) is not satisfied in every respect that, having regard to the provisions of this subsection, the applicant was entitled to vote he shall. reject that vote and endorse on the envelope that the vote is rejected pursuant to this subsection whereupon the unopened envelope shall be dealt with as in the case of a disallowed vote under subsection (28); . (ii) is satisfied in every respect that, having regard to the provisions of this subsection, the applicant was entitled to vote he shall proceed in accordance with the provisions of subsection (28).". 29. Amendment of s. 72A. Section 72A of the Principal Act is amended by inserting after the words " presiding officer," where five times occurring the words " overseas officer," in each case. 30. Amendment of s. 77. Section 77 of the Principal Act is amended by inserting after the words " presiding officer," the words " overseas officer, electoral registrar,". 31. Amendment of s. 82 . Section 82 of the Principal Act is amended by, in paragraph (ii) of subsection (1), omitting the word " received " and substituting the words " and votes under sections 35A, 56 and 62 received and permitted or allowed ".

114 Elections Act Amendment Act 1976, No. 13 32. Amendment of s. 97. Section 97 of the Principal Act is amended by, in subsection (1), omitting the words " and not less than 520 ". 33. Amendment of s. 100. Section 100 of the Principal Act is amended by, in subsection (2), omitting the expression " S20 " and substituting the expression " $100 ". 34. Amendment of s. 103. Section 103 of the Principal Act is amended by inserting at the end thereof, after the words " if more than one ", the words " and shall have endorsed on it the full name and address of the petitioner, or the full names and addresses of all the petitioners if more than one ". 35. Amendment of s. 104. Section 104 of the Principal Act is amended by adding at the end of the section the following paragraphs:- " Service on sitting member and returning officer. The petitioner shall, within 14 days after presentation of the petition, cause a copy of the petition to. be served upon the sitting member, if any, and a copy to be served upon the returning officer of the electoral district. Manner of service . 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.". 36. Repeal of and new s. 105 . Section 105 of the Principal Act is repealed and the following section is substituted:- " 105. Publication of notice of presentation of petition. The Registrar shall publish forthwith in the Gazette a notice of the presentation of the petition, which notice shall contain the name and address of the petitioner, the electoral district to which it relates, the date of the election and the name of the member returned, and also 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. The Registrar shall also publish forthwith a copy of the notice in some newspaper circulating in the electoral district.". 37. Omission of references to Under Secretary , Department of Justice. The Principal Act is amended by the omission of the terms " Under Secretary, Department of Justice " and " Under Secretary " and the substitution of the term " Principal Electoral Officer " as set forth in the Schedule.

Elections Act Amendment Act 1976, No. 13 SCHEDULE 115 [s. 37] Provisions to be amended Omit Substitute Section 41 (1) Under Secretary, Department Principal Electoral of Justice, Officer Section 47 Under- Secretary, Department Principal Electoral of Justice, Officer Section 47 Under Secretary Principal Electoral Officer Section 48 (1) Under Secretary, Department Principal Electoral of Justice, Officer Section 48 (1) Under Secretary Principal Electoral Officer Section 48 (2) Section 48 (2) .. Under Secretary, Department Principal Electoral ..I of Justice, Under Secretary Officer, Principal Electoral Officer Section 51 (1) Under Secretary, Department Principal Electoral of Justice, Officer Section 51 ( 6) (i) (a) Under Secretary, Department Principal Electoral of Justice, Officer Section 51 (6) (i) (c) Under Secretary Principal Electoral Officer Section 51 (6) (ii) Under Secretary Principal Electoral Officer Section 51 (7) (i) Under Secretary, Department Principal Electoral of Justice, (where twice Officer (in each occurring) case) Section 51 Under Secretary Principal Electoral Officer Section 51 Under Secretary, Department Principal Electoral of Justice. Officer. Section 51 (7) (ii) Under Secretary Principal Electoral Officer Section 51 (9) (i) Under Secretary, Department Principal Electoral of Justice, Officer, Section 51 (9) (i) .. Under Secretary Principal Electoral Officer Section 51 ( 9) (iii) Under Secretary ( where twice Principal Electoral occurring) Officer (in each case) Section 51 (10) (i) (a) Under Secretary, Department Principal Electoral of Justice, Officer Section 51 (10) (i) (b) Under Secretary (where twice Principal Electoral occurring) Officer (in each case) Section 51 (10) (i) (c) Under Secretary (where twice Principal Electoral occurring) Officer (in each case) Section 51 (10) (ii) Under Secretary (where twice Principal Electoral occurring) Officer (in each I case) Section 51 (11) Under Secretary Principal Electoral Officer

116 Elections Act Amendment Act 1976, No. 13 SCHEDULE - continued Provisions to be amended Omit Substitute Section 51 (14) (a) .. Under Secretary, Department of Justice, Section 51 (14) (b) .. Under Secretary, Department of Justice, Section 69 (6) (d) .. ! Under Secretary, Department of Justice, Section 79 (2) .. 1 Under Secretary, Department of Justice. Section 79 (2) Under Secretary. Principal Electoral Officer Principal Electoral Officer Principal Electoral Officer Principal Electoral Officer. Principal Electoral Officer.