Elections Acts Amendment Act of 1913 (4 Geo v No. 29) (Qld)

ELECTIONS. 4 GEO. Y. No. 20, 1913. Elections Acts Amendment Act. CULTIVATION, SUGAR. See SUGAR. DESTRUCTION OF PRICKLY-PEAR. See LAND, CROWN. 5867 ELECTIONS. An Act to Amend "The Elections Acts, 1885 to 1908," 4 Geo. V. and Section 2 of the "Legislative Assembly N; ~ ~ 9. Act of 1867," and to Repeal "The Elections ELlooT~ ~ Ns Tribunal Act of 1886," and make better ± ~ : ~ ~ ~ ~ r: . provision for the Trial of Election Petitions. [ASSENTED TO 27TH NOVEMBER, 1913.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ; - 1. This Act may be cited as "The Elections A ots Short title Amendment Act of 1913," and shall be read as one with and t t' "The Elections Acts, 1885 to 1908"* (herein referred to as ~ ~ nl~ ~ c Ion the Consolidated Acts). . 2. In section two.of the" Legislative AssemblyAct of Amendment 1867,"t the words "shall be qualified and registered as a of31 Via. vo t er I · n and for aIny etec ora 1 u .1 l ' S t n . e t Wl' thI' n the sal' d co 1 ony No. 21, s. 2. shall be qualified to be elected a member of the Legislative Assembly for any electoral district within the said colony" are repealed, and the words" is of the full age of twenty- one years, and is an elector entitled to vote at the election of a member of the Legislative Assembly or a person qualified to become such elector, and who has been for one, year at the least a resident in Queensland, shall be quali- fied to be elected a member of the Legislative Assembly for any electoral district in Queensland" are inserted in lieu thereof. 11 49 Vie. No. 13 and amending Acts, supra, pages 641 et seq. These Acts as amended by this Act are consolidated, and printed as Appendix A. t 31 Vic. No. 21, 8upra, page 317.

5868 ELECTIONS. Elections Acts Amendment Act. 4 GEO. V. No. 29, Amendment 3. In section one of the Consolidated Acts, the words of s. 1. "DECLARATION OF 'l'HE RESULTS" are repealed, and the words" PUBLWATION OF THE RESULTS" are inserted in lieu thereof, and the cross-heading to Part V. is also amended accordingly. .Amendment 4. In the definition of "Electoral District," in section of s. 5. five of the Consolidated Acts, the words "or members" are repealed. Amendment 5. In subsection (a) of the first paragraph of section of s. 6. six of the Consolidated Acts,the words ';resided in Queens- land for twelve months continuously" are repealed, and the words" resided bond fide and continuously in Queens- land during the period of twelve months and in the Electoral District during the period of two months, in each case immediately preceding the making of his or her claim to be enrolled as an elector for such District" are inserted in lieu thereof. In subsection (c) of the said paragraph, the words" an Electoral" are repealed, and the words" such Electoral" are inserted in lieu thereof. In the first paragraph of the proviso of tlIA said section six, before the word "forthwith," the words " subject to the next succeeding proviso" are inserted. Before the last paragraph of the said proviso, the following words are inserted: - Provided further that the said electoral registrar shan not enter the name of such elector in such roll until such application has been dealt with by the Registration Court in the same manner a", claims for registration are dealt with under this Act. In the said section six, the words "Members of the Assembly," where those words twice occur, are repealed, and the words" a member of the Assembly" are respectively inserted in lieu thereof. . The following provisions are added to the said section SlX:- Provided further that any person who was duly enrolled as an elector and, owing to absence from Queens- land, has ceased to be so enrolled shall be entitled to be again enrolled as an elector after bond fide and continuous residence in an Electoral District during a period of two months immediately preceding the making of his or her claim to be enrolled as an elector for such District:

1m3. ELEOTIONS. Elections Acts Amendment Act. 58&) Provided further that any person who- (a) While under the age of twenty-one years has resided in Queensland for a period of twelve months, . and who after an absence from Queensland and attaining the age of twenty- one years has returned thereto; or (b) Being entitled to be enrolled as an elector, but not having been s~ enrolled leaves Queensland and afterwards has returned thereto; shall be entitled to be enrolled as an elector after bona fide and continuous residence in an Electoral District during a period of two months immediately preceding the making of his or her claim to be enrolled as an elector for such District. 6. In section thirteen of the Consolidated Acts, the Amendment words "of all deaths of adult males and females of of s. 13. twenty-one years and upwards, and" are repealed. 7. In the first paragraph of section fourteen of the Amendment Consolidat , ed Acts , the words" the word "dead" aO 0 'ainst of s. 14. the name of every person named in any such roll or list whom he has reason to believe t,o be dead," are repealed. In the fourth paragraph of the said section, the word " dead" is repealed. 8. In the first paragraph of section fifteen of the AmendmenL Consolidated Acts, the words "the word "dead"" and of s. 15. the words" to be dead, or" are repealed. 9. After section fifteen of the Consolidated Acts, the following section is inserted : - [15A.] The electoral registrars shall take every Dnty of P recaution aO 1':) 'ainst markinO b ' the word "left l) aO 0 'uinst the erelegcitsotrraarl names of electors who have merely changed their residence in marking within an Electoral District, and have not thereby lost "left." their residence qualification. 10. In the form of annual electoral list set forth Amendment in section sixteen of the Consolidated Acts, the word of s, 16. "Members" is repealed, and the words "a member" are inserted in lieu thereof. 11. In subsection one of section twenty-three of theAmenlment Consolidated Acts, the word" dead" is repealed. of s. 23. D

5870 ELEOTIONS. Election8Act8 Amendment .LIct. 4 GEO. V. No. 29, After the said subsection, the following subsection is inserted ;- (lA.) The Court shall expunge from the list the names of all persons appearing by any addendum to the additional rolls for the year to be dead, and with respect to whom the entry therein appears to be correct. Amendment 12. In the third paragraph of section twenty-seven of of 8. 27. the Consolidated Acts, after the words " following form" the words" or such other form containing the same par- ticulars as the Principal Electoral Registrar approves" are inserted. Amendment 13. In the second paragraph of section twenty-eight of s. 28. of the Principal Act, the proviso is repealed, and the following proviso is inserted in lieu thereof :-" Provided that the Oourt shall not be adjourned to any time later than the tenth day of the month in which it is appointed to sit." Advertising sittings of Courtp. 14. After section twenty-eight of the Consolidated Acts, the following section is inserted :- [29.J Fourteen days' notice of the sitting of every Bi-monthly Registration Oourt shall be given by the electoral registrar by advertisement in some newspaper usually circulating in the District. Amendment 15. (1.) In the first paragraph of section thirty of of s. 30. the Consolidated Acts, the words "or may personally present his claim or cause it to be sent to the Court at any time when the Court is sitting" are repealed, and the words" so as to be in the electoral registrar's hands not later than forty-eight hours before the hour at which the Court is appointed to sit" are inserted in lieu thereof. (2.) In the said section thirty, the questions in the form of claim are repealed, and the following questions are inserted in lieu thereof, namely :- (1.) WHAT ARE YOUR CHRISTIAN NAME AND SURNAME? (2.) ARE You MALE OR FEMA1~ E ~ (3.) ARE You OF THJ<: FULL AGE OF TWENrY-ONE YEARS? (4.) WHAT WAS THE DATE OF YOUR BIRTH? (5.) WHAT WAS YOUR PLACE OF BIRTH? (6.) ARE You A NATCRAL-BORN SUBJECT OF THE KING? (7.) Ifnot, ARE You A NATURALISED SUBJECT OF THE KING? (8.) WHAT IS YOUR OCCUPATION? (9.) WHERE IS YOUR PLA.Cl<: OF RESIDENCE? (10.) HAVE You BONA FIDE AND OONTINUOUSLY RESIDED IN QUEENSL!ND FOR TDE LAST PRECEDING TWELTE MONTHS?

ELECTlONS. 1913. Elections Acts Amendment Act. (11.) If. ~o, IN WHAT PLAm; OR PLACES? (12) If You are not a Native of. Queensland, WHE~ DID You r ARRIVE IN THIS STATE (13.) If You are not a Natice of Queensland, By WHAT MEANS DID You AHRIVI< IN THIS STATE? (14.) HAVE You BONA FIDE AND COHTINUOUSLY RESIDED IN THIS ELECTORAL DISTRICT FOR THE LA.ST PRECEDING Two MONTHS? (15.) HAn; You PRKVIOUSJ,Y BEEN ENROLLED FOR ANY STATE ELECTORAL DISTRICT OF QUEENSLAN D? (16.) If so, FOR WHAT DISTRICT WER!!: You LAST ENROLLED? or, in the case of a person who was duly enrolled as an elector and, owing to absence from Queensland, has ceased to be enrolled, the following questiolls ;- (1.) 'VIIA'l' ARE YOUR CH1USTIAN N,\ME AND SURNAME? (2) ARE You MALE OlL FEMALE? (3.) WHAT IS YOUR OCCUPATION? (4.) WRERE IS YOUR PLACE OF RESIDENCE? (5.) ON VVHAT ELEC'roRAJ, Ron WERE You FORMERLY ENROLLED? (6.) HAVE You BONA FIDE AND CONTINUOUSLY Ri<:SIDED IN THIS EriKCTORAL DISTRICT FOR THE L. ~ ST PRECEDING Two MONTHS? or, in the case of a person who while under the age of twenLy-one years has resided in Queensland for a period of twelve months, and who after an absence from Queens- • land and attaining that age has returned thereto, or of a person who, although entitled to be enrolled, was not enrolled, and who after an absence from Queensland has returned thel'eto, the following questions ;- (1.) VVHAT ARE YOUR CURISrIAN NHIE AND SURNAME? (2.) AHE You MALE OR FEMALE? (3.) ARE You OF TilE FaLL AGE OF TWENTY·ONE YEt.ItS? (4.) WUA'l' WAS TIlE DATE OF YOUR BIRTH? (5.) WHAT WAS THE PLACE OF YOUR BIRTH? (6.) ARE You A NATURAL·BORNSUBJECT OF THE KING? (7.) Ifnot, ARE You A NATURALISED SUBJECT OF THE KING? (8.) WHAT IS YOUR OCCUPATION? (9.) vVHEm; IS YOUR Pr,ACE OF RESIDENCE? (10.) DID You LEAVE QUEENsr,AND AFTER HAVING RESIDED BONA FIDE AND CONl'INUOUSLY THEREIN FOR TWELVE MONTHS? (11.) If so, IN WHAT PLACK OR PLACKS? (12.) HAVE You BONA FIDE AND CONl'INUOUSLY RESIDED IN THlS ELECTORAL DIS'l'RlCT FOR THE LAST PRECEDING Two MONTHS? The following provisions are added to the said section :- 'rhe claimant must, in answer to the question" When did you arrive in this State?" declare to the best of his ability the date on which he began continuously to reside in Queensland. 5871

5872 ELECTro.'\s. E7ections Act. ~ Amendment Act. 4 Gl<:o. V. No. 2!l, The claimant must, in answer to the question" By what means did you arrive in this State ?" declare to the best of his ability the name of the ship or the other means by which he was brought to the State. Amendment (3.) The following provisions are added to paragraph of 811. 30A,30B. two of the directions set forth in section 30A of the Oonsolidated Acts:- and in the case of a claim containing such questions- In answer to the question" W"hen did you arrive in this State?" the claimant must declare to the best of his ability the date on which he began continuously to reside in Queensland. In answer to the question "By what means did you arrive in this State P" the claimant must declare to the best of his ability the name of the ship or the other means by which he was brought to the State. In paragraph three of the said directions and in section 30B of the Oonsolidated Acts, after the words "Public ~ el' vice" the words "of this State or of the Oommonwealth" are respectively inserted. Erasure of name from roll where voter is already enrolled. 16. Section 30E of the Consolidated Acts is repealed, and the following section is insertecl in lieu thereof : - [30E.1 If it appears from the claim that the claimant is enrolled for some other Electoral District, the electoral registrar shall, when the claim has been dealt with by the Oourt, forthwith send notice of the fact to the Prin- cipal Electoral Hegistrar, wbo shall, if satisfied that such claimant is enrolled for some otlwr }Jlectoral District, erase the name of the claimant from the roll of such District, - and send a notice of such erasure to the address of the claimant as given on the roll from which his name has been erased. The Principal Electoral Registrar shaH further notify the -Returning Officer and eleetoral registra,r for the District of the erasure of such name from the roll of such District. 17. After section 3lA of the Oonsolidated Acts, the following section is inserted :- Rules for [32.J For determining whether any person is or is d re e ~ t i e d r e m nc i e n . ing not resident in a District or division, the following rules shall be applicable:- (1.) 'fhe question whether a person is or is not resident is a question of fact to' be decided according to the circumstances of e:lch case.

E['EOTIONS. 5. 813~ 1913. Elections Acts Amendment Act. (2.) To be resident a person must be a bona fide inhabitant of the District or division, as the case may be. Re must possess a home therein, that is to say, a place of abode with a fb:ed purpose of remaining there, and not merely an abode for an occasional purpose either of pleasure or of business. (3.) It is not necessary that this home should be in one place in the District or division during the whole of any period prescribed, but the person in question must possess a home therein during the whole of such period. (4.) If he possesses a home, it is not necessary that he should be present at it during the whole of 'any period prescribed. Absence therefrom, if there isa power of returning at any time and an intention to return, will not prevent a legal residence. (5.) If he has no home therein, or has abandoned his intention to return to what was previously his home therein, he is not a resident. 18. After section thirty-three of the Consolidated Acts, the following section is inserted :- r 33A. J (1.) Every registrar of births, deaths, and R~ gi~ tra~ to ,rmegarI . rsitargares 0 f sheavlel ryinE I eeaccthormal ' onDtIhstrfiucrtniasnhy tpoartthewheelreecoto f ra I . S l mdfueoramnthtshshlyh. st of comprised in the registry district for which he is such registrar of births; deaths, and marriages a correct list of all deaths of adult males and females of twenty-one years and upwards which have been registered by him during the last preceding month. (2.) From the lists so received, each electoral re- gistrar shan compile a list of electors who appear to be dead, and shall submit such list to the next succeeding Bi-monthly Registration Court. After such list has been so submitted, he shall cause a copy of such list to be published once at least in some newspaper circulating in the District; and shall expose a copy of such list to public view at the place where such Court sits and at such post offices and other places as the Principal Electoral Registrar may direct; and such list shall remain so exposed until the holding of the next succeeding Bi-monthly Registration Court, and to this Court the said list shall again be submitted. The electoral registrar shall also, forthwith after the receipt of each such list from the registrar of births, 'deaths, and marriages, send by post to every elector

5874 ELECTIONS. Elections Acts Amendment Act. 4 G~;o. V. No. 29, mentioned therein, at his usual or last known place of abode, a notice informing him that it is intended to omit his name fro1)1 the electoral roll. (3.) At the sittings of the last-mentioned Court, the chairman of the Court shall write the word "dead" against the name on the electoral ron of every elector whose name appears in such list and with respect to whom such entry in the said list appears to be correct; thereupon the name of such elector shall be deemed to be expunged from such roll. Amendment 19" In the first paragraph of section thirty-four of the of s. 34. Consolidated Acts, after the word" respectively," the words " cause a copy of such list to be published once at least in some newspaper usually circulating in the district and also" are inserted. Amendment 20. The following provision is added to section of 8.37. thirty-seven of the Consolidated Acts :- There shall be printed at the ('nd of and as an addendum to each additional roll an alphabetical list of the names of all persons expunged or deemed to be expunged from the roll pursuant to sections SOE and 33A of this Act. o A f m 8 e . n 4 d 0 m . ent solida 2 t 1 e . d IAncttsh,e affirtsetr ptahreagwraoprdhsof" cseocmtipoinlefdoratys oaffotrheesaCiodn, " - the words "with all corrections and erasures thereof or therefrom made pursuant to sections 10 and SOE of this Act" are inserted. The following paragraphs are added to the proviso to the said section :- (d) When any person claims a vote at an election, and it is found that, in consequence of mistaken idpntity and through no fault of the person claiming the vote, his name has been erased from the roll for that District in accordance with section 30E, such person, upon making a statutory declaration that he is the person whose name has been wrongly erased, shall be permitted to vote; (e) Notwithstanding any.thing implied by the expression "conclusive evidence" or anything contained in this 01' any other enactment, the vote of any person whos~ name appears to have been placed upon the roll for a District as the direct or indirect result of any false statement

ELECTIONS. 5875 1913. Elections Acts Amendment Acf. made by such person in any claim or other proceeding precedep.t to registration may be disallowed by the Elections 'l'ribunal. 22. In section forty~ two of the Consolidated Acts, Amendment the words" returning officer for every" are repealed, and of s. 42. the words" clerks of petty sessions in each" are inserted in lieu thereof. 23. In section forty-six of the Consolidated Acts, Amendment after the word "appoint," the words "or cancel" are ofs. 46. inserted; after the word "appointed," the words "or cancelled" are inserted; and after the words" three clear days" the words" and no such cancellation shall be valid unless such notification is published six clear days" are inserted. 24. In the first paragraph of section forty-seven of Amendment the Consolidated Acts, before the word "directed," the of B.47. words "sent to the Minister" are inserted; and the following words are added to the said paragraph :-" Pro- vided that upon the issue of a writ by the Speaker in the case of a bye-election the writ shall be sent by the Speaker direct to the proper returning officer." . 25. In section forty-eight of the Consolidated Acts, Amendment after the words" polling-places," the words "and of the of E. 48. date up to which additional polling-places may be appointed or existing polling-places may be cancelled" are inserted. 26. In the first paragraph of. section forty-nine of ~ mendment the Consolidated Acts, the words" four o'clock after noon 0 B.49. of the day preceding" are repealed, and' the words "noon on" are inserted in lieu thereof. In the second paragraph of the said section, afkr the words" bank notes," the words" or by a cheque drawn by a bank on itself" are inserted. 27. Section fifty-two of the Consolidated Acts is A.mendment repealed, and the following section is inserted in lieu of s. 52. the1'eof:- . [52.1 If only ~ ne person is d~ ly nominated as a can- Only ~ne dldatc at any electIOn, the returmng officer shall, on the nomination. day of nomiLution or as soon thereafter as is practicable, publicly notify, by advertisement in some newspaper pub- lished in or generally circulating in the district, the name of the candidate who has been duly elected, and make his return accordingly.

5876 ELECTIONS. Elections Acts Amendment Act. 4 GEO. V. No. 29, Amendmen t of 8.53. 28. In section fifty-three of the Consolidated Acts, the words" If the number of persons who are duly nomi- nated as candidates exceeds the number of members to be elected" are repealed, and the words "If two or more persons are duly nominated as candidates at any election" are inserted in lieu thereof; also the word s "at noon on the day and at the place named as aforesaid for the delivery of the nomination-papers, publicly announce the names of the persons who have been duly nominated ,as candidates, and that a poll will be so taken, and shall also forthwith publish the like announcement" are repealed, and the words "forthwith post in some con- spicuous position at the place of nomination the names of the persons who have been duly nominated as candi- dates, and that a poll will be so taken, and shall also publish an announcement to the like effect" are inserted in lieu thereof. Amendment 29. In the third paragraph of section fifty-four of the of s. 54. Consolidated Acts, the words N the number of persons to be elected at the election" are repealed, and the word "one" is inserted in lieu thereof; also, the words" candidates or," and the words" as though the number of candidates had not exceeded the numb~ r of members to be elected" are repealed. Death of candidate. 30. After section fifty-four of the Consolidated Acts, the following section is inserted :- [54A.l If at any time after t.he day of nomination and before the day of polling any candidate dies, the returning officer shall forthwith report the fact of such death in writing to the Minister, and, where necessary, may do so under" The Teleg1Y1jJhic Messages .Act of 1872."* 'l'bereupon the writ for the dection shall be deemed to be vacated, nnd a new writ for the election shall be issued, and all proceedings in connection with the election shall be had and taken anew. Amend ment 31. In section fifty-five of the Consolidated Acts, the of s. 55. words" if there is only one, or by such one of the successful candidates if there are more than one as received the smallest number of votes" are repealed. oAfms. en57d.ment of th 3 e 2 C . oInnsotlihdeatefdirstAcptsa, rathgerapwhordosf " ssehcatilolnprfeisftiyd- es" evaerne repealed, and the words" may preside" are inserted in lieu *' 36 Vio. No. 13, suprJ, page 745.

ELECTIONS. 5877 1913. Elections Acts Amendment Act. thereof; also, the words "all other polling-places" are repealed, and the words" all polling-places except that at which he presides and" are inserted in lieu thereof. 33. In section fiftv-eight of the Oonsolidated Acts, "\mendment tl e words "and nothing·else )' are repealefl; also, the form 0 8. 58.. of ballot-paper is repealed, and the following form is in erted in lieu thereof:- Indicate your vote by makin.fJ a Cl'OSS in the square opposite the' name of the candidate you vote jor. [You may also .qive a contingent vole by writin.fJ the figures 2, 3 (9'c., according to number of candidates], in the square or squa1'es opposite the name or name. ~ of the candidate or candidates other than the c<mdidate for whom you vote in the first instance.] Note.-This para.qraph to be omitted if there ltre only two candidates. Cl DOE, JOHN. II ROl'J) RICHARD. /. I SMITH,;rAME8 . The following prOVISIOn IS added to the said section :- Each ballot-paper for use at such election shall bear in the right-hand upper corner of the face thereof a TIt mber which shall be machine printed or otherwise le ibly marked thereon. Each such ballot paper shall be so numbered in regular arithmetical sequence beginning w'th ], so tbat no two or morc' of them shall bear the same number. Such number is hereinafter referred to as the ballot-number. 34. The following questions are added to section sixty- Amendment three of the Oonsolidated Acts :- of s. 63. Sixth. Where do your wife and family reside? Seventh. Are you of the full age of twenty-one yM~ ? . 35. The following provisions are added to section Amendment si ty-eight of the Oonsolidated Acts :- of B. 68. The presiding officer may, if he thinks fit, and shall, if required by any candidate or scrutineer, require any person claiming to vote to answer the seventh of the above questions by a solemn declaration in the following form :- I [A.B.] do solemnly declare that I am of the full age of twenty- .one years.

5878 ELECl'IONS. Elections AlJt. ~ Amendment Act. 4 G~ :o. V. No. 29, And any person refusing to take the said declaration shall not Le entitled to vote. If any person having been required to answer all or any of the questions hereinbefore prescribed makes a false answer in any material part. icula~ · and thereafter votes, his vote may be disallowed by the Elections Tribunal. Amendment 86. The second paragraph of section seventy-one of of e. 71. the Consolidated Acts is repealed. In the third paragraph of the said section, the words "the corner of the paper so a~ . to entirely conceal the number so written" are repealed, and the words "the right- hand upper corner of the paper so as to entirely conceal the ballot- numb~ r" ar~ inserted in lieu thereof. The following provisions are added to the said section :- The presiding officer shall use ink or pencil of uniform colour for all ballot-papers and rolls. Any returning officer or presiding officer who fails to comply with the provisions of this section shaH be deemed to have been guilty of wilful neglect of duty and punishable accordingly under section one hundred and twenty. Amendment 37. In the first paragraph of section seventy-two of of B. 72. the Consolidated Acts, the words "make a mark" are repealed, and the words" write the ballot-number of such ballot-paper" are inserted in lieu thereof. In the second paragraph of the said section, the words "mark so made" are repealed, and the words" ballot- number so written" are inserted in lieu thereof; also, the words "whose name is so marked on the roll" are repealed, and the words" against whose name on the roll it is so written" are inserted in lieu thereof. In t.he third paragraph of the said section, the words "number marked upon the back of the ballot-paper" are repealed, and the words "ballot-number written against the name of un elector on the roll" are inserted in lieu thereof; also, the words" such ballot-paper" are repealed, and the words" the ballot-paper bearing the same ballot- number" are inserted in lieu thereof; also, the word" set" is repealed, and the word "written" is inserted in lieu thereof.

ELECTIONS. 5879 1918. Elections Acts 4mend'l11ent .Act. 38. In section seventy-three of the Consolidated Acts, A.mendment the words" strike out from his ballot-paper the names of of B.73. such candidates as he does not intend to vote for" are repealed, and the words "subject to the provisions of section 78c, mark his ballot-paper by making a cross in the square 'opposite the name of the candidate for whom he votes in the first instance" arc iuserted in lieu thereof; also, the words "strike out the names of the candidate or candidates other than the candidate or candidates for whom the elector says that he desires to vote" are repealed, and the words "subject to the provisions of section 780, mark the ballot-paper by making a cross in the square opposite the name of the candidate for whom the elector savs that he desires to vote in the first instance" aTe i~serted in lieu thereof. The following proviso is added to the said section :- Provided that before the elector has deposited the original ballot-paper issued to him in the ballot-box the presiding officer may, if he thinks fit, issue a second or duplicate ballot-paper .to such elector in suhstitution for the original ballot-paper if the original ballot-paper has been accidentally defaced. But the elector shall first make ::.!: declaration before the presiding officer that the original ballot-paper has beon so aecidentally defaced and that he has not already voted at the election, and shall deliver to the presiding officer the original ballot- paper. The presiding offieel' £ha11, before the issue of the second or duplicate ballot-paper, securely fasten the original baUot-paper by means of gum or otherwise to the declaration, and shall set the same aside for separate custody. The third paragraph of the said section is repealed. 39. Section seventy-five of the Consolidated Acts is Repeal of repealed.' s. 75. 40. Paragrap} ~ s one to four of section seventv-six Amendment of the Consolidated Acts are repealed, and the follo~ ving of B. 76. paragraphs are inserted in lieu thereof:- 1. Does not bear a ballot-number; or 2. Has such number torn off; or 3. Has (not being a postal ballot-paper) n(2 cross or fig'ure in a square opposite the name of a candidate, or has crosses in squares opposite

5880 ELECTIONS. • Elections Acts Amendment Act. 4 GEO. V. No. 29, • the names of more than one candidate, or, being a postal ballot-paper, has no candidate's name written on it. and paragraph 5 of the said seoiion shall be numbered 4. Repeal of 's.76A, 41. Section 76A of the Consolidated Acts ~ s repealed. Amendment 42. In the second paragraph of section seventy-seven of s. 77. of the Consolidated Acts, the words" name or names of the member or memberg" are repealed, and the words "name of the member" are inserte(l in lieu thereof. 43. Section 780 of the Consolidated A cts is repealed, and the following section is inserted in lieu thereof:- Electors may l78c.] Notwithstanding the provisions of sections cgoivnetingent seventy-three and seventy-six, an elector may, if he thinks votes. fit, indicate on his hallot-paper the name or names of any candidate or candidates (other than of the candidate for whom he votes in the first instance) fOl' whom he desires his vote or votes to be counted in the event of the candi- date for w.hom he votes in the first instance not receiving an absolute majority of votes; and, if lie indicates more than one such candidate, may indicate the order in which he desires that his vote shall he ~ ounted for any such candidate. . Such indication shall be made by writing the figures 2, 3, or any subsequent number in the square 01' squares opposite to the name or names of the candidate or candi- . dates for whom he does not vote in the first instance, but for whom he desires his vote to be so counted, and the order indicated by such numbers shall be taken to be the order in which he desires his vote to be so counted: Provi"ded that no mere irregularity or error in writing such figures shall invalidate the vote given by an elector in favour of any candidate in the first instance if the ballot-paper of such elector is otherwise in order. ..Amendment 44. In section 78n of the Consolidated Acts, the ·of 8. 78D. words" when one member only is to be returned at the election" are repealed. Repeal of 'BB. 78E, 78F, 45. Sections 78E and 78F and 'iSJ of the Consolidated and 78J. Acts are repealed. Amendment 46. In section 78G of the Consolidated Acts, after the -of 8. 780. words" equal number of votes," the words "in the first instance, for the purpose of determining who shall be deemed the defeated candidate or candidates," are inserted; also, the words "have or" are repealed.

1913. ELECTIONS. Elections Acts Amendment Act. 5881 47. Sections 78K to 78Q, both inclusive, of the Con- . A.mel1d~? nt SO l 1 'da t ed Ac t s are repea1ed,and' th. e 1 J! 0 1o1w' mg provI.s.IOns a o s f t p o ro a v b I s sI e O n n t s are inserted in lieu thereof, under the following cross- voters. heading:- " Voting by Post. [78K. ] Any elector- Application • • ' • for postal vote (1.) ResIding within the Electoral DistrlCt and at certificate. least five miles by railway or by the nearest practicable road from the nearest polling-place appointed for the District for which such elector is enrolled; or (ii.) Who, by reason of age, infirmity, or ill health, will be unable on polling-day to attend at It polling-place to vote; or (iii.) Who believes that on polling-day he will be absent from the Electoral District for which he is enrolled, and will not be within a distance of five miles by railway or by the nearest practicable road from any polling-place ap- pointed for such District- may, after the issue of the writ for the election and before polling-day, apply to the returning officer for a postal vote certificate. No such application by a voter who cannot write his or her own name shall be granted. If, after an application for a postal vote certificate has been made by an elector, a polling-place as aforesaid is appointed-\vithin five miles from the place of residence of such elector or within five miles from the place wllere he is on polling-day, as the case may be, such elector shall, nevertheless, be entitled to receive such certificate, and to vote by post as hereinafter provided, or, if he has already voted by post, his or her vote shall not be rendered invalid on that account. Such application shall be in the following form or to the like effect :- Application jor Postal Vote Certificate. To t~ e Returning Officer, Elect.oral District of I [here state name in full, place of residence, and occupation 1 do hereby declare as follows, that is to say :- - 1. I am an elector enrolled for the Electoral District of and am now entitled to vote.

5882 ELECTIONS. Elections Acts AlIundment Act. 4 GEO. V. No. 29, 2. I reside at the above aJdre,s, and have within the last preceding seven months been bond fide resident within the said Electoral District for a period of one month. a. I [here insert the groltnds on whic't the certific'.lte is applied for]. and therefore make this application to entitle me to vote by post. 4. I request that the nt'cessary certiticate and postal ballot-paper be forwarded to me at the above address. (If the application is made in person, this clause need not befilled up.) (Signed) C.D Signed in my presence and declared before me at this day of ,19 . A.B. [RefurnilllJ OffialJr or as the case ma.,! be.] The application must be signed by the applicant with bis or her own hand, in the presenee of and must be declared before Rnd attested by any returning officer or an elector of the same district for which the applicant is enrolled, or any of the persons in whOle presence a postal vote may be recordcd,and, in addition, in t,he case of a sick or infirm elector, the application may be attested by a duly qualified medical practitioner or qualified nurse who is in attendance on the elector. Any false statement in this application is ~ unishable by a penalty not exceeding one hundred pounds or by imprisonment, wit,h or without hard labour, not exceeding six months. The application must be signed by the applicant with his or her own hand, in the presence of and must be declared before and attested by any returning officer or an elector of the same district for which the applicant is enrolled, or any of the persons in whose presence a postal vote may be recorded as hereinafter provided, each of whom is hereby authorised to take such declaration: Provided that in the case of a sick or infirm elector the application (in addition to any of the foregoing persons) may be attested by a duly qualified medical practitioner or qualified nurse who is in attendance .on such elector, each of whom is hereby authorised to take such declaration: Provided further that no person who is a candidate at the election, or, in the case of a general election for any electoral district, at such general election, or is a member of the Assembly, shall be competent to take or attest any . such declaration. Any person who makes in any such application any statement which in any material particular is to his or her knowledge false, and any person who attests any sueh application containing any statement which in any material particular is to his or her knowledge false, shall be liable to a penalty not exceeding one hundred pounds or to imprisonment, with or without hard labour, for any period not exceeding six months.

1913. ELECTIONS. [ections Aots Amendment Act. 5888 [78L.] Upon receipt of the application, the returning Grant and officer, if satisfied that the name of the applicant is entered ! ~ : - fi: te. {)n the roll and hat he or she is otherwise entitled to vote, shall gran tLe certificate, which shall be duly endorsed upon a envelope, and shall be in the following form:- Postal Vote Oertificate. No. on Roll _ __ Postal Ballot Number _ _-,-__ ELECTORAL DISTRICT OF _ _ __ I certify that of is eDtitled to vote at the ensuing election for the Legislative Assembly. The vote must be marked·by the abovenamed elector and attested, and mnst be posted to me on or before the day of ,19. Dated the day of . 1:l . Signature of voter Returning Officer. at presence of on the day of in the Postmaster not being in charge of a receiving office only [or Police Magistrate, or Head Teacher of State or Pr{)visional School, or Railway Station.master, or Night Officer in charge of a railway station,or Warden, or Mining Registrar, or Officer in Charge of _ _ _ _ Lighthouse, or Police Officer in charge of a Police Station or of or above the rank of Acting Sergeant, or also in case of a sick or infirm voter in addition to any of the foregoing persons, the duly qualified medical practitioner or qualified nurse in attendance on the voter]. [78M.] The returning officer shall deliver or cause to Certificate be sent to the votel'- and postal ballot-paper. (a) The certificate endorsed upon an envelope; (b) An envelope addressed to the returning officer . at the principal polling-place; and (0) A postal ballot-paper. Every postal ballot-paper shall be of such material and opacity that the voter may effectually conceal the name of the person for whom he or she has voted, and shall bear in the right-hand upper corner of the face of the front page thereof a number which shall be machine printed or otherwise legibly marked thereon. Each such ballot-paper shall be so numbered in regular arithmetical sequence beginning with 1, so that no two or more of them shall bear the same number. Such number is hereinafter

5884 ELECTIONS. Elections .tJcts .Amendment Act. 4 GEO. V. No. 29; referred to as the postal ballot-number. 'l'he postal ballot-paper shall be in the following form : - [Front Page.] POSTAL BAT,],OT.PAPEH. , [Second Page.] How TO VO'fE. INSTRUCTIONS- I Below write the name of the candidate (i.) You m.ust deli ver to a postmaster you vote for. Yon may vo~e. coetingently I not being in charge of a receiving 1f you ch3.,1e todo so by wlltmg the namA". office only, or police magistrate, or olle belo,w the other to denote the order of, head teacher of a State or ~ ' ro. your preference. visional school, or railway station· . . master, or night officer in charge I' of a railway station, or warden I of a goldfield or mineral field, or 1 mining registrar, or officer in charge of a lighthouse, or police officer in charge of a police station I or of or above the rank of acting sergeant (or if you are sick or I infirm to any of these, or to the medical practitioner or qualified I nurse in attendance on you) the postal bailat·paper and the two i en velopes in the same condition in 11 which they were issued. , (ii.) You must then sign your name npon I the certificate, and the person, before whum you ara voting must: then and there atte"t your signa· [ ture. . (iii.) The person before whom you arc voting must then deli vel' the postal ballot·paper to you, but mllst ret:tin the two envelopes. \iv.) You must then in the presence of, bllt not in the sight of, the persoll b,fore whom you are voting record your vote by writing on the second page (If the ballot· paper the name of the candidate for whom you vote. (v.) You must then fold up the ballot· paper so as to conceal the name of the candidate and..deli,er it to the person before whom you are voting. I (vi.) The person before whom you are voting must then, without unfolding the ballot·paper, place it in the en velope which is endorsed with the certificate, and fasten up the envelope. (vii.) The person before whom you are voting must then place such envelope in the envelope addressed to the returning officer, and upon receipt from you of the proper postage stamps must in your pre· seEce affix them to the envelope. If a postmaster has attested your vote, he must forthwith post the vote in the post office. If any other person has attested your vote, he must forthwith deliver it to you for posting. No elector who has received any such certificate shall be entitled to vote except by means ofa postal ballot-paper..

ELECTIONS. 58S5 1913. ElectionsAct, ~ Amel1dmel1t Act. [78N.] The returning officer shall keep and number Returning the applications in consecutive numerical order. o m ff a i r c k er n t u o mber Before the issue of the ballot-paper to the voter, the on ~oIllbanIld re t urnm . g 0 ffi cer s h a 11 mar I c upo . n t I le certI . fi cate t h en p u o m s b a er. a ot number of the voter on the roll and also the postal ballot- number of the ballot-paper, and shall also fold down the right-hand upper corner of the front page of the ballot- paper so as entirely to conceal the postal ba1lot-number and shall securely fasten the fold with gum or otherwise in such a manner that the number cannot be discovered without unfastening the fold. [78p.] (1.) In the presence of any postmash~ r who is How vote permanently in the employment of the Commonwealth recorded.. and who is not in charge of a receiving office only, or police mag-istrate, 01' head teacher' of a State or provisional school, or railway station-master, or night officer in charge of a railwny station, or a warden of a goldfield or mineral field, or a mining registrar, or an officer in charge of a lighthouse, or police officer in charge of a police station or of or above the rank of acting sergeant (or in t he case of a sick or infirm voter in the presence of any of the ahovementioned persons or the duly qualified medical practitioner or qualified nurse who is in attendance on such voter), and of no other person, the voter may, on or before the polling-day, hut not afterwards, vote in manner following and not otherwise :- (i.) The voter shall deliver to the person before whom the voter is voting the postal ballot- pal)el' and the two envelopes aforesaid, in the same condition in which they were issued; (ii.) The voter shall then sign his or her name upon the certificate, and the person before whom the voter is voting shall ihen and there fill in the correct date and attest the signature; ' (iii.) 'fhe person before whom the voter is voting shall then deliver the postnl ballot-paper to' the vot€r, but shall retain the two envelopes aforesaid; (iv.) The voter shall then in tbe presence of, but not in the sight of, the person before whom the voter is voting vote by writing on the second page of the ballot-paper the name of the candiJate for whom the voter votes;

~ 886 ELECTIONS. Elections Acts Amendment Act. 4 GEO. V. No. 29, (v.) The voter shall then fold up the ballot-paper so as to conceal the name of the candidate, and deliver it to the person before whom the voter is voting; . (vi.) The person before whom the voter is voting shall then, without unfolding the ballot. paper, place it in the envelope which is endorsed with the certificate, and shall fasten up the envelope; (vii.) The person before whom the voter is voting shall then place such envelope in the envelope addressed to the returning officer. If the postmaster has attested the vote, he shall forth- with, upon receipt from the voter of the proppr postage stamps, in the presence of the voter, affix them to ths envelope, and shall forthwith post the vote in the post office. It' any other person as aforesaid has attested the vote, he shall forthwith deliver it to the voter for posting; (viii.) For the purposes of contingent voting, the voter may write the names of the candidates or of any candidates upon the ballot-paper, one below the other, and the order in which the voter has so written them shall denote the order in which the voter desires the vote or votes to be counted. (2.) No candidate, or agent of a candidate or of any organisation engaged in promoting or intended to promote the election of any candidate, shall attest or receive .or take from a voter any postal vote or envelope .containing a postal vote. For the purposes of this sub- ~ ection, the term "candidate" in the case of a general election includes any candidate for an y Electoral District at such general election. Any such person who attests, receives, or takes a .postal vote or envelope containing a postal vote shall be . liable to a penalty not exceeding one hundred pounds, and the election of a candidate who, or whose agent to the knowledge of the candidate, so attests or receives or takes such postal vote or envelope shall be void. No person shall attest a postal vote except in the preSEnce of the voter and at the place where the voter is voting, and for any contravention of this provision he shall be liable to the like penalty as Jast aforesaid.

ELECTIONS. 5887 1913. Election8Act8 Amendment Act. [78Q.] (1.) The person before whom the voter votes Postmaster, shall not look at the name of any candidate for. whom the t~ k : ~ tv~ ~ e. voter votes. (2.) If any person before whom a voter votes in the discharge of his duties under this Act learns for what candi- date such voter has voted, he shall not, by word or act or any other means whatsoever, directly or indircctly, divulge or discover, or aid in divulging or discovering, the fact, save in answer to some question which he is legally hound to anSWel'. Any such person guilty of a breach of this subsection shall be liable to a penalty not exceeding one hundled pounds or to be imprisoned for any pcriod not exceeding one year. [78R.] If there is time conveniently to do so, the Returning returning officer sh~ll on all copies of ro:ls issued by him ~!~ if; i~ue of for use at the electIOn make a note agamst the name of certificate. every elector to whom a postal vote certificate has been issued. If there is not time conveniently to note the facts Adv!c? to aforesaid on the rolls, the returning officer shall immediately ~ m: ~ : ~ g advise all presiding officers of such issue in such manner as he thinks fit. A signature upon a postal vote certificate purporting Evidence of to • be the signature of a vo • ter A shal • l, up • on a scrutiny, vsl? gtenrat' s. ure. WIthout further proof, be przma7!aaze eVIdence that such . voter voted by post at the election~ The date and place of voting stated upon such certi- ficate purporting to be the date on which and the place where the voter's signature is attested shall, upon a scrutiny, without further proof, be primd:../acie evidence of the date on which such voter voted by post and of the place where such vote was given and attested. The postal ballot-number of the ballot-paper as· afore- said shall, upon a scrutiny, be primd-facie evidence that such ballot-paper was issued to and used by the person to whom the postal vote certificate bearing the same number was issued. [788.] At the scrutiny the returning officer shall pro- Examination duce, unopened, all voters' envelopes received up to the ~ ~ ~ : ~ unt of close of the poll, and the outer envelopes shall be opened, and the enclosures shall be dealt with as follows : - (i.) The returning officer shall produce the voters' applications;

6888 ELECTIONS. ElectionsAct8 Amendment Act. 4 Gk:o. Y. ]'I; 0 29, (ii.) The returning officer, without opening the enve- lope endorsed with the certificate, shall compare the signature of the voter with the signature to the application, and allow the scrutineers who are present to inspect the same, and shall determine whether the signature on such enve- lope· is that of the applicant. He shall also determine whether the vote was l'ecorded within the time prescribed, and shall disallow all votes which have not been so recorded; (iii.) If the vote is allowed, the returning officer shall open the envelope and insert the postal ballot-paper in the ballot-box. He shall also forthwith attach the said envelope by gum or otherwise to the application relating thereto; (iv.) No postal ballot-paper shall be allowed at the scrutiny which is not enclosed in an envelope endorsed ""ith the certificate duly signed, attested, and dated under this Act; (v.) If the returning officer disallows the vote, then the envelope endorsed with the certificate, unopened, and the application relating thereto shall be attached together by gum or otherwise, and shall be set aside for separate custody. MistaKes. [78T.] Any mistake in spelling of the name of any candidate, where the intention of the voter is clear, shall not render such vote inforn.al. It shall suffice, when no two candidates have the same surname, for the voter to write the surname only of the candidate for whom he votes. Saving appeal to ElectIOns [7.Se.] Nothing herein contained shall be deemed to Tribunal. take away the right to appeal to the Elections Tribunal from the decision of the returning officer as to the allowance or disallowance of a postal vote. Amendment of fi. 8':>. 48. In section eighty of the Consolidated Acts, after the words "his own; polling-place," the words "if any," are inserted. • .AmendmeRt of e. 81. 49. In the first paragraph of section eighty-one of the Consolidated Act", after the words" his own" (where they first occur), the worus " statement, if any," are inserted. In the said paragraph, after the words "his own. polling-place/' the words" if any," are inserted.

ELECTIONS. 588~ 1913. Elections Acts Amendment Act. In the third paragraph of the said section, after the word" himself," the words" if any," are inserted. The following proviso is added to the last paragraph of section eighty-one of the Oonsolidated Acts:- Provided that no election shall.be invalidated by reason of any act of a returning officer in opening or examining any sealed packet contrary to this provision, unless it is proved that he did SUCll act with a fraudulent intent. 50. In section eighty-two of the Oonsolidated Acts, Amendment the words" absent voters," wherever those words occur, of B. 82. are repealed, and the word "postal" is respectively inserted in lieu thereof. In the first paragraph of' the said section, the words "shall then at the place of nomination openly declare the . general state of the poll so ascertained, and shall at the same time and place declare the name or names of the person or persons elected" are repealed, and the words "shall forthwith or as soon as js practicable publicly notify, by advertisement in some newspaper published in or generally circulating in the District, the general state of the poll so ascertained .and the name of the candidate who has been elected" are inserted in lieu thereof. In the second paragraph· of the said section, the words "declare the name or names of the person or persons elected" are repealed, and the words "publicly notify as aforesaid the name of the candidate who has been elected" are inserted in lieu thereof. In the fourth paragraph of the said section;the words "declared acco-rdingly" are repealed, and the words "publicly notified accordingly" are inserted in lieu thereof. 51. In section eighty-four of thl3 Oonsolidated Acts, Amendment the word "every" is repealed, and the word "the" is of B. 84. inserted in lieu thereof. 52. In paragraph Ca) of section one hundred and four Amendment of the Oonsolidated Acts, the words "contrary to the of 8. 104. orders" are repealed, and the words "contrary to his orders" are inserted in lieu thereof. 53. After section one hundred and seven of the Oon- solidated Acts, the following sections are inserted :- (108.1 The following acts are, on polling-day and on Prohibition of all days to which the polling is adjourned, prohibited ~ a. nva. ssi~ i' within fifty feet from the main entrance of the buildingp~ i'i:;~ ooth.

5890 ELECTIONS. Elections Acts Amendment Act. 4 GEO. V. No. 29, within which a polling-booth is situated, or within a polling-booth, namely :- (a) Canvassing fOl: votes; or (b) Soliciting the vote of any elector; or (0) Inducing any elector not to vote for any par- ticular candidate; or (d) Inducing any elector not to vote at the election; or (e) Loitering in the vicinity of or obstructing the free passage of voters to or from the polling- booth. .A ny person who contravenes this section shall be liable to a penalty not exceeding twenty pounds. Party emblems not [109.J The wearing or displaying in any polling-booth to be worn of any party emblem or badge by any returning officer,. ibnooptohl.ling- presiding officer, poll clerk, or scrutineer is prohibited. Any person who contravenes thj~ section shall be liable to a penalty not exceeding twenty pounds m b D ~ ie h se a ot v irn i dg o e u srl. r yat which[ 11th0i.Js s ( e 1 c .) tioAnnaypp p l e i r e ~ s o a n cwtshoihaat adnisyoprduebrlliyc mmaenentienrg, otor who impedes or obstructs the transaction of the business for which the meeting is held, shall be liable to a penalty not exceeding ten pounds. The chairman of such meeting may, and if so requested by the person then addressing the meeting shall, direct any membel' of the police force to take the name and address of the offender, and may, without any warrant-other than this Act, cause the offender to be arrested by any member of the police force and conve~ 7ed to a watch-house, and there detained until he can be dealt with according to law; and every member of the police force is authorised and required to obey the direction of the chairman in such behalf. Any such offender who, when requested by a member of the police force, refuses to state his name or address, or states a false name or address, may he arrested by him, and shall be liable to a penalty not exceeding ten pounds. (2.) This section applies to any lawful public political meeting held in relation to any State hy-election or general election of a member or members between the date of' the issue of the writ for the election and the date of the return of the writ.

ELECTIONS. 5891 1913. Elections Acts Amendment Act. 54. After section one hundred and twenty-six of the New Consolidated Acts, the following Part is inserted, and the P.rt VIII. following sections shall in the Oonsolidated Acts bear the numbers respectively set against them in square brackets :- PAR'r VIII.-ELECTIONS TRIBUNAL. 55. [127.J (1.) This Part of this Act shall commence Commence- and take effect from and after the end of the session of menL Parliament held in the year one thousand nine hundred and thirteen. (2.) "The Electiuns Tribunal Act of 1886"* is Ropeal of repealed. . 50 Vie. No. 7. (3.) But nothing in this Part of this Act contained shall be deemed to affect or abate any proceedings which have been commenced prior to or during' the said session, and every such proceeding may be continued as if this Part of this Act had not been passed.. 56. [·128.J In this Part of this Act, unleRs the interpret&.- context otherwise requires, the following terms have the tion. meanings set against them respectively, that is to say:- "Election Petition"-A petition relating to an election, presented as hereinafter provided; "Elections Tribunal" or "Tribunal"-The Elec- tions 'fribunal hereby constituted; " J udge"-The Judge for the time being consti- . tuting the Elections Tribunal; "Prescribed"-Prescribed by Rules of Oourt made under this Part of this Act; " Reference"-A question referred to the Tribunal by the Assembly as hereinafter provided; "Registrar"-The Registrar of the Supreme Oourt; "Sitting Member"-'l'he member of the Assembly whose election, or return, or qualification js sought to be affected by the election petition ot' reference. 57. [129.J (1.) t'here shall be an Elections Tribunal, ConBtitu~ iolll which shall. be constituted by a JudO <:) 'e of the Supreme o T f rI . b E u le n c a t l I . On. Oourt or of the District Court. (2.) Such Tribunal shall have power to inquire into General and determine- T po rI ~ b e u r n s a o l. f (a) Election petitions; '-_.. _;; 50_yrc. No. 7, supra, page ti92.

5892 ELECTIONS. Elections .Acts Amendment Act. 4 (ho. V. "No. 29, Cb) All questions which may be referred to it by the Assembly respecting the validity of any election or return of any member to serve in the Assembly, whet.her the question relating to such election or returnarlsPs out of an error in the return of the returning officer, or out of his failure to make a return, or out of an allegation of bribm'Y or corrup- tion against any person concerned in the election, or out of any other allegation calculated to affect the validity of such election or return; and • (0) Concerning the qualification or disqualification of any person who has been returned as a member of the Assembly. Trial. Power of Judge. (3.) The trial of the petition or reference shall be had before the Judge sitting alone; and all questions of law and fact arising-upon the petition or at the trial shall . be determined by the Judge. (4.) On the trial of an election petition or refer- ence the Judge shall,' subject to the provisions of this Act, have all the powers, jurisdiction, and authority of a Judge of the Supreme Court of Queensland -and of a J W1ge of assize and nisi prius, and the :Elections Tribunal shall be a Court of Record. Chief Justice to notify 58. [130.J In or about the month of January in each name of year the Ohief Justice shall notify to the t5peaker the JEuledcgteiotnos name of one of the Judges of the Supreme Court at Speaker Brisbane and one of the Judges of the District Court who annually. will be judges to preside at sittings of the Elections Tribunal for that year. It shall be the duty of the Judges so named to hear and determine election petitions and other questions referred to the Tribunal during that year, and the Judge who shall constitute the Tribunal for any particular case shaH be determined from time to time by Hules of Court. In the event of any Judge so named being unable for any reason to try any election petition or reference, the Chief Justice shall from time to time notify to the Speaker the name of another Judge, either of the Supreme Court or of the District Court, to act in his place, and it shall be the duty of the Judge so named to act in his place accordingly.

ELECTIONS. 5893 1913. Elections Acts A1IIendmertt Ad. 59. [131.J A petition complaining of the undue Pet!tion .. ~ lection or return of a member to serve in the Assembly . , a mge a m lll b8etrsIotrtmg ,01' complaining that no return has been made to a wrlt return of writ. issued for the election of a member to serve in the Assembly, may be preiilented by anyone or more of the following persons:- (1) Some person who voted or had a right to vote at the election to which the petition relates; (2) Some person claiming to have had a right to be returned or elected at wch election; or (3) Some person alleging himself to have been a candidate at such election. An election petition must be signed by the petitioner, ()r by all the petitioners if more than one. 60. [13,8.J An election petition must be presented td Petition to the Supreme Oourt of Queensland , at Brisbane , and must tboe Spurepsreenmteed be addressed to the Judges thereof, and shall be presented Court. by lodging the same in the office of the Registrar. The petition must be presented within eight weeks When to be .after the day of the return of the writ to which the presented. petition relates, unless the petition 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 Assembly. be presented at any time within twelve months after the day of the return of the writ. 61. [133.J The Registrar shall forthwith publish a P6tition to be eopy of the petition in the Gazette, and the returning ; e~ ~ ~ ~ h: ~ and offic~ r of the electoral district shall publish a copy thereof s~ tting I . n some paper C . lrcu I at ' lllg I . II the d I ' S t rl . Ct. member : The petitioner shaH cause a -copy of the petition to be served upon the sitting member, if any. An election petition shall be served 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. 62. [134.J The sitting member may within six weeks Pa~ t~ eB to after service of the petitioll on him, and any person who petItIOn. voted or who had a right to vote at the election to which the petition relates, or any person complained against in the petition, may, withill six weeks after publication thereof in the Gazette, by notice in writing to the Begistrar, be admitted as a party. to support or to oppose the same or to defend the return of the sitting member, as the case may be ; and every person so admitted shall be deemed to be a party to the petition.

5894 ' ELECTIONS. Elections Acts Amendment Act. 4 GEO. V. No. 29, Deposit for cosl s of petition. 63. [135.J '1'he petitioner shall pay into Court with the petition the sum of two hundred pounds 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 cost of the respondents to the petition as hereinafter provided, or may he restored to the petitioner, wholly or- in part, as the case may require. Place and time of trial. 64. [186.J (1.) The trial of an election petition or reference shall be held within the electoral district concerned in the court house at the place of nomination, or in such other place there as the Judge shall appoint. (2.) The time for the trial shall be appointed by the Judge. Notice of trial. (3.) Notice of the time and place at which an election petition or reference is to be tried shall be given to all parties not less than fourteen days before the day on which th.e trial is held. Aofdtjroiaulr.nment ti • me 6 t 5 o . tI • [ m13e7.aJnTdhr f eom.Judagneyomnaey paladcj, oJ utron atnhye ottr h iaelr pf 1 raocme within the district as may be expedient. Trial te be public. 66. [138.J The proceedings of the Tribunal shall be conducted openly, and each party to the petition or refer- ence may be present, and may be heard by himself or by an agent appointed by him in writing. Principles of 67. [139.-] Upon the trial of an election petition or trial. reference the Tribunal shall be guided by the real justice anet good conscience of the case, without regard to legal forms and solemnities, and shall direct itself by the best. evidence it can procure, or which i~ laid before it, whether the same is such evidence as the law would require or admit in other cases or not. Powers in :~ a: ~ ~t~ ~ And in. particular it shall be competent to the Tribunal, if it thinks fit, to receive affidavits relative t() any of the matters in question before it, taken before any justice (which affidavits such justice is hereby authorised to take). Summons of 68.' L 140.] Witnesses shall be subpcenaed and sworn witnesses. in the same manner as nearly as circumstances admit as on a trial at nisi prius. Elections 69. [141.] On the trial of an election petition or Jsuumdgmeomnaaynd reference the Judge may, by order under his hand, compel examine the attendance of any person as a witness who appears t() witnesses. him to have been concerned in the election in question,

ELE01'LONS. 5895 1913. Elections Acts Amendlllent Act. and any person refusing to obey such order shall be guilty of contempt of Court. The Judge may examine any witness so compelled to attend, or any person in Court, although such witn( ss is not called and examined by any party to the petition or reference. After the examination . of a witness as aforesaid by the Judge, such witness may he cross-examined by or on behalf of any party to the petition or reference. . 70. [142.J The reasonable expenses incurred by any E.xpenses-of person in appearing to give evidence at the trial of an WItnesses. 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 Court, and in other cases shall be deemed to be costs of the petition or reference. 71. [143.] On the trial of an election petition or Shorthand reference the principal shorthand writer of the AssembJy w~ ited iO. 1 or his deputy shall attend and shall be sworn faithfully~} : ~ ecti~ : and truly to take down the evidence given at the trial and petition. from time to time as occasion requires to write or cause the same to be written in words at length; and it shall be the duty of such shorthand writer to take down such evidence and from time to time to write or cause the same to be written at length, and a copy of such evidence shall accompany .the certificate made by the Judge to the Speaker. 72. [144.J On the trial of aneledion petition com- Recrimin~ t~ on Plaining of an undue return and claiminO t:) ' the seat of fwohreruiJndpeuteItIon some person, the respondent may give evidence to prove return. that the election of !'iuch IJerson was undue in the same manner as if he had presented a petition complaining of such election. 73. [145.J At the conclusion of the trial the Judge Elections shall de~lare, upon the questions of fact and law aris~ ng ~ ~ ~ fr~ to before hlm, whether the member whose return or electIOn det.ermination. is compiainecl of was duly returned or elected, or whether to Speaker. any person not returned as elected was duly elected, or whether the election was void, 01' whether any member whose qualification is in question was qualified or dis- qualified, as the case may require, and shall certify in

,5896 ELECTIONS. ------------ Elections Acts Amendment Act. 4 GEO. V. No. 29, writing such determination to the Speaker, and upon such certificate being given such determination shall be final to all intents and purposes. ..Appeal to Full COUl't, 74. [146.J An appeal shall lie to the Full Coul't from every decision of the Judge upon a question of law. When notice has been given of an inteuded a.ppeal, the' Judge shall postpoue the granting of the certificate hereinbefol'e mentioned until the determination of the appeal by the Full Court. :Special case, 75. L147.] vVhen 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 he conveniently stated as a special case, he may direct the same to be stated accordin~ly, and any such special ca~ e shall be heard before the :Pull Court, and the decision of the Court shall be final; and the Court shall certify to the Sptak& its determination in reference to such special case. Question may be reserved 76. [148.J If it appears to the Judge on the trial of for Full a petition Ol' reference that any question of law requires Court, further consideration, the Judge may postpone the granting or the certificate hereinbefore mentioned until the deter- mination of such question by the J?ull Court, and may for that purpose reserve any such question for the opinion of t.he Full Court. . mE Ju lae d kc g et e iroe t n o psort petiti 7 o 7 n . o [ f 1 a 4 n 9 y .J coWrrhueprte paraccthiacregheavisinmg abdeeenincoamnmeiltetecdtioant i c pn o ra r c c r a u t s i p e ce t o,f &e. itnheadeldeictitoionn ttoo twhheicchertthifeicapteetihtieorneirnebfeerfso,rethme eJnutidogneedshaanlld, at the same time, report ill writing to the Speaker as follows :- (a) Whether allY corrupt practice has or has not been proved to have been committed by or with the knowledge and consent of any candi- date at such election, and the nature of such corrupt practice; Cb) The names of all versons (if any) who have been proved at the trial to have been guilty of any corrupt practice; (0) 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.

ELECTIONS ------ - - - - - - - - - ~- - ~- - ~~- - - -- -- - ~- - ~- - - 1913 Eledion. ~ Act. ~ Amfndmcl1t Act. 5897 'rho 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 he submitted to the Assembly. 7S. [150.J The Assembly, on being informed by the Assembly t<> Speaker of any such certificate and report 01' reports, if~: ;~t~ut ,any, shall order the same to be entered in their 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. 79. [151.J On the trial of an election petition OrEvidenceof reference, unless t~ le Judge otherwi~ e directs, ar,ty char~e ~~: ~~fc~s, how of a corrupt practICe may be gone mto and eVIdence m received. 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. SO. [152.J (1.) '1'he trial of an election petition shall Acceptance of be proceeded with notwithstanding the acceptance by the ~ i! ; ep~ ~ : ti~ n. respondent of an office of profit under the Crown. (2.) The trial of an election petition or reference Prorogation may be proceeded with after the prorogation of Parlia- ofParliament. ment. SI. [153.J (1.) An election petition shall not be With~ r: 1wal withdrawn without the leave of the .Tudge upon special ~ ~ aetltlOn a . pplication, to be made in and at the prescribed manner ' s o u f bnsetiwtution . tIme, and place. petitioners. (2.) No such application shaH l)e made for the with- drawal 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 withdmwal 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.) The .Tudge may, if he thinks fit, substitute as a petitioner any such ap11licant as aforesaid, and may, further, if the proposed withdrawal is, in the opinion of the Judge, induced by any corrupt bargain or considera- tion, by order direct that the sum paid into Court by the \original petitioner shall remain as security for any costs

t>898 ELECTIONS. Elf'ctiollS Acts .Amendment Act. 4 GEO. V. No .. 29, that may be incurred by the substituted petitioner, and that the .original petitioner shall be liable to pay the costs of the substituted petitioner. If no such order is made with respect to the sum paid into Oourt by the original petitioner, the same amount must be paid into Court by the substituted petitioner before he proceeds with his petition and within the prescribed time after the order of substitution. 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 311 the petitioners. .fudge to 82. [154.J In every case of the withdrawal of an sie~ ~ ~ ! O the election petition the Judge shall report to the Speaker circumstances whether in his opinion the withdrawal of such petition was o£withdrawal. the result of any corrupt arrangement or in consideration of the withdrawal of any other petition, and, if so, shflll report the circumstances attending the withdrawal. Abatement 83. [155.J An election petition shall be abated by the of petition. death of a sole petitioner or of the survivor of several petitioners. The abatement of a petition shall not affect the liability of the petitioner to the payment of costs previously incurred. 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 might have been a p~ titioner in respect of the election to which the petition relates may apply to the Judge, in and at the prescribed manner, time, and place, to be substituted as a petitioner. 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. Admission in 84. [156.] If before the trial of an election petition ~ ~ r~ ~ ~ r~ ' : ~ e any of the follo~ing events happen in the case of the, respondents. respondent, that IS to say- .1 (1) If he dies; (2) If the Assembly resolves that his seat is vacant;

ELECTIONS. 5899 1913. Elections Acts Amendment Act. (3) If he fails within the time hereillbefore providerl to give notice to the Registrat' that he intends to oppose the petition; (4) If he gives, in and at the prescribed manner and time, notice to the Court that he does not intend to oppose the petition; notice of such event having taken place shall be given by advertisement in the electoral district. In the two first-mentioned cases such notice shall be given by the Clerk of the Assembly, and in the two last- mentioned cases it shall be given by the Registrar. Within the prescribed time after the notice is given any person who might have been a petitioner in respect {)f 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 shall on such application be admitted accordingly, either with the respondent, if thel'e is a respondent, or in place of the respondent; and any number of persons not exceeding three may be so admitted. 85. [157.l A respondent who has given the pre- Responde:r:t scribed notice that he does not intend to oppose a petition ~ ~ ~ ~g~ ;~ : :! r shall not be allowed to appear or act as a party against a.s party or to such petition in any proceedings thereon, and shall not sit SIt. or vote in the Assembly until the Assembly has been informed of the report on the petition, and the Judge shall in all cases in which such notice has been given report the same to the Speaker. 86. [158.J All costs, charges, and expenses of and Gener~ l.costs incidental to the presentation of a petition, and to the of petItIOn. proceedings consequent thereon, with the exception of such costs, charges, and expenses 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 which 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) To 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 not on the whole succes5!ful.

5900 ELEOTIONS. Electiong Acts Anumdment Act. 4 GEO. V. No. ~ 9, 1913. Rules of Court. Hut the total amount of costs which may be ordered to be paid by anyone party shall not exceed two hundred pounds. 'fhe 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 of Queensland, and such costs may be recovered in the same manner as the costs of an actio~ , or in such other manner as may be prescribed. Such taxation shall be subject to review by the Judge. 87. [159.J The Judges of the Supreme Court may from time to time make, and may from time to time revoke and alter, general rules and ~ rders for the effectual execution of this rart of this Act, and of the intention and object thereof, and the regulation of the practice, pro- cedure, and eosts of election petitions and references, and the trial thereof, and the certifying and reporting thereon. Any general rules and orders made as aforesaid shall be of the same force as if they were enacted in the body of this Act. Untii any such ~eneral rules and orders are made the .Iudge may give such directions in any case as may be necessary or expedient, and any such directions shall have the sam.e effect as a general rule or order. Any general rules and orders made in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament is then sitting. and, if Parliament is not then sitting, within three weeks after the beginning of the then next Session of Parliament. If an Address is presented to the Governor by either House of Parliament within thirty days next after any such rules or orders are laid before Parliament, praying that any such rule or order may be annulled, the Governor in Council may by Order in Council annul the same; and the rule or order so annulled shall thenceforth become void and of no effect, but without prejudice to the validity of any proceedings which may have been taken under it in the meantime. EMPLOYEES, SUGAR-GROWERS'. See SUGAR. FENCING, MARSUPIAL-PROOF. See MARSUPIALS.