Elections Acts Amendment Act of 1914 (5 Geo v No. 29) (Qld)

62]4 ELECTIONS. Err-etiolls Acts AllleJldlllent Act. ri GEO. Y. 1'\0. 29, ELECTIONS. ii N G o e . o. 29 V . . An Act to Amend "The Elections Acts, 1885 to THE 1913," in certain particulars. ELEOTIONS AOTS [ASSENTED TO 2:3RD DEC~ ; MBER, 191:1.J AMENDMENT B Ac'r OF 1914. 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 : - Short tit!e 1. This Act may be cited as "The. Elections Acts c a o n n d struction Amendment Act of 1914," and shall be read as one with of Act. " The' Ele.ctions Acts, 1885 to 1913"* (herein referred to as the Consolidated Acts). Duty of 2. After section thirteen of the Consolidated Acts, l p o o c l a ic l e o/ a l n lc d ~ rs. the following section is inserted : - [1BA.] All members of the police force, all State officers, and officers of Local Authorities and other local governing bodies are hereby authorised and required to furnish to electoral registrars all such information and assistance as they may require in connection with the preparation or revision of the rolls. Amendment 3. In section fourteen of the Consolidated Acts, the of s. 14. words "the electoral registrars", where they first occur, are repealed, and the words "the electoral registrar" are inserted in lieu thereof. Amendment 4. In subsection lA of section twenty-three of the of s. 23. Consolidated Acts, after the word" dead" the words" or to have left the district, or to be otherwise disqualified as provided by sections 33A and 33B of this Act" are inserted. The following provision is added to the said subsec- tion :- The Court shall not deal with any list of names compiled and published by the direction of the October Bi-monthly Court pursuant to the provisions of section 33B of this Act, but all names contained in such list shall be dealt with by the December Bi-monthly Court, and all such names shall be omitted from the Annual Roll upon that Court being satisfied that the particulars of disquali- fication are correct. * 49 Vie. No. 13 and amending Acts, supra, page 6077. "The Election8 Acts, 1885 to 1914," are printed as consolidated in Appendix B, infra.

ELECTIONS. 6215 1914. Elections Acts Amendment Act. ------------------ 5. The following provision is inserted after the first Amendment paragraph of section twenty-seven of the Consolidated of s. 27. Acts:- Whenever the Principal Electoral Registrar is satisfied that, owing to mistake, the name of an elector appears upon a revised list or upon a roll of a District, but that such elector's qualification of residence arises in an ad- joining District, the Principal Electoral Registrar shall, in printing such rolls, omit such elector's name from the roll on which he is not entitled to be enrolled, and shall insert it in the roll on which he is entitled to be enrolled. In such case the Principal Electoral Registrar shall cause the original claim of such elector to be sent to the proper electoral registrar, and shall also notify the elector of the change in enrolment. 6, In section thirty of the Consolidated Acts, before Amendment the jurat in the form of claim, the following provision is of 8. 30. inserted :- " or, in the case of an elector who, owing to change of residence from one Electoral District to another Electoral District, is entitled to have his name transferred to the roll for such last-mentioned District, the following questions :- (1.) WHAT ARE YOUR CHRISTIAN NAME AND SURNAME? (2.) ARE You MALE OR FEMALE? (3.) WHAT IS YOUR OCCUPATION? (4.) WHERE IS YOUR PLACE OF RESIDENCE? (5.) ON WHAT ELECTORAL ROLL ARE You NOW ENROLLED, or, if your name has been erased, ON WHAT ELEOTORAL ROLL WERE You FORMERLY ENROLLED? (G.) HAVE You BONA FIDE AND CONTINDOUSI,y RESIDED IN THIS ELECTORAL DISTRICT FOR THE LAST PRECEDING Two MONTHS?" 7. In paragraph three of section 30A and in section Amendment 30B of the Consolidated Acts, after the words "State g~ : ~ ' 30A and School," the words "member of the police force" are inserted. 8. (1.) In section 300 of the Consolidated Acts, the A.mendment words" if he is not personally acquainted with the facts" of 8. 30c. are repealed; also, the words " or otherwise" are repealed. (2.) In section 30D of the Consolidated Acts, the Amendment words" personal knowledge or" are repealed; also, the of 8. 30D. words " or otherwise" are repealed. D

6216 ELECTIONS. Elect1:0ns Acts Amendment Act. 5 GEO. V. No. 29, 9. After section 30E of the Consolidated Acts, the following section is inserted : - Compulsory enrolm~ nt. [30F.] (1.) Every person who is entitled to be enrolled but is not enrolled for any Electoral District, or who being enrolled has lost his qualification owing to change of residence but is entitled to be enrolled for the District in which he resides, shall make and deliver a claim or send it by post to the proper electoral registrar for the District on the roll of which he is entitled to be enrolled, and shall otherwise comply with the directions of regulations made under this section relating to compulsory enrolment.. (2.) The Governor in Council may from time to time make regulations under this section prescribing anything necessary or convenient to be prescribed for carrying a system of compulsory enrolment into effect, and may prescribe penalties not exceeding two pounds for any contravention of any regulation made under this section. In any proceeding for any such contravention, the onus of proof that the defendant is enrolled for an Electoral District and is qualified to be so enrolled shall lie upon him. (3.) Every regulation made' under this section shall, upon publication in the Gazette, be read as one with this Act, and be of equal validity, and shall be judicially noticed. ;lmendlllcnt 10. After subsection one of section 33A of the Con- of s. 33A. solidated Acts, the following subsection is inserted:- [lA.] If the electoral registrar, upon receipt of any such list, finds that the name of an elector therein contained is not enrolled on any roll kept by him, he shall forthwith send particulars of the death of such elector to the Principal Electoral Registrar, and the Principal Electoral Registrar shall make due inquiry with respect to all such electors, and shall, as soon as may be, furnish to the proper electoral registrar a list of all deaths of such e~ ectors who are enrolled on any roll kept by such electoral registrar, and such electoral registrar shall deal with such list in the same way as if it were a list furnished by a registrar of births, deaths, and marriages.

ELECTIONS. 6217 1914. Elections Acts Amendment Act. 11. After section 33A of the Consolidated Acts, the following section is inserted : - [83n.] (1.) Every Bi-monthly Registration Court shallBi.monthly also be a Revision Court for the purpose of erasing from ~~ ~:t::m~s the roll the names of all persons who have become of those who disqualified by ceasing to reside within the District for have left., &0. two months or upwards, or are found for any other cause not to be qualified. (2.) Every electoral registrar shall prepare and bring before every such Court, on the first day of the sitting thereof, a list of the names of all electors on the roll for which he is registrar with respect to whom he has reason to believe that they have ceased to reside in the District for at least two months before the date of such sitting of the Court, or that for any other cause they are not qualified to remain enrolled. He shall also produce or state to the Court all such evidence or information as may be in his possession upon which his belief is founded. (30) If the Court is satisfied that there is reason to believe that the particulars with respect to any person whose name appears in such list are true, and that such person has accordingly cea,sed to be qualified to remain enrolled, the Court shall direct a list of all such persons to be compiled by the electoral registrar, and he shall compile such list accordingly. He shall thereupon cause a copy of such list to be published once at least in some news- paper 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 be submitted. The electoral registrar shall also forthwith, after compiling such list, send by post to every elector men- tioned therein, at his usual or last known place of abode, a notice informing him that it is intended to omit his name from the electoral roll, and stating the ground for such omission. (4.) At the sittings of the last-mentioned Court the Chairman of the Court shall write the word "left" or. "disqualified," as the fact appears, against the name on the electoral roll of every elector whose name appears in such list and with respect to whom such entry in the

6218 ELECTIONS. --------- Elf'diOIlS Acts Arn~ ndrnl' nt Act. 5 GEO. V. No. 29, said list appears to be correct; thereupon the name of such elector shall be deemed to be expunged from such roll. oAfms. en 3 d 7. mel;t the C 1 o 2 n . soInlidtahteedlaAscttsp, abreafgorraepthheofwsoercdtsio"nofthtihrtiys- Asecvte" nthoef words "and 33B" are inserted. Amendment 13 In paragraph (c) of the proviso of section forty of of s. 40. the Consolidated Acts, the words "seven months" are repealed, and the words "four months" are inserted in lieu thereof. Aml'ndment 14. In the fourth of the questions set forth in section of s. 63. sixty-three of the Consolidated Acts, the words "seven months" are repealed, and the words "four months" are inserted in lieu thereof. 15. (1.) After section sixty-three of the Consolidated - Acts, the following section is inserted:- Protested votes. [64.J The presiding officer shall, if required by any candidate or scrutineer, require any person claiming to be an elector, before he votes and not afterwards, to sign his name upon an envelope upon which is endorsed the following form :- PROTESTED VOTE. Electoral Di<:trict 0/__ _ Electoral Diviswn 0/_ _ _ _ -1 Polling Place_____ No. on RolL _ Signature of Votel' ____ ________________________ Initials of Presiding Officer_ _ _ _ __ and no such person so required to sign his name shall be permitted to vote until he has so signed his name. The presiding officer shall, in the presence of the voter, fill up the said form with the name of the Electoral District and Electoral Division thereof (if any) and of the polling-place at which the claim is made, and with the number of the voter on the roll in use, and after the voter has signed his name thereon shall initial the said form as an attestation of such signature. The presiding officer shall then deliver a, ballot-paper to the voter, who shall record his vote in the usual way,

1914. ELEC'I'IONS. Elections Acts Amendment Act. 6219, but shall not deposit such vote in the ballot-box, but deliver the same to the presiding officer. The presiding officer shall, without unfolding the ballot-paper, place such vote in the envelope endorsed with the said form so filled up and signed, and shall close the envelope and fasten it up securely forthwith, and set it aside for future scrutiny. Every vote so placed in such envelope is herein referred to as a protested vote. The initials of the presiding officer placed on such envelope shall in all proceedings be prima facie evidence that the person signing the same claimed to vote as being the person whose name appears on the roll in use opposite the number on such roll written on SU9h envelope. All protested votes shall be dealt with by the pre- siding officer and returning officer as hereinafter provided. (2.) In subsections two and three of section seventY-Amendment nine of the Consolidated Acts, the word "absent" is of s. 7!J. repealed, and the word "postal" is inserted in lieu thereof; also, before the words '.' and shall seal up", in subsection two, the words "and in another parcel all protested votes taken before him" are inserted; also, before the words " and shall seal up", in subsection three, the words" and in another parcel all protested votes taken before him and those received from the said presiding officers" are inserted; also, in subsection four of the said section, before the words "and shall seal up" the words "and in another parcel all protested votes taken before him" are inserted. (3.) After the second paragraph of section eighty- Amendment one of the Consolidated Acts, the following provisions are of s. 81. inserted :- At the scrutiny the returning officer shall produce unopened all envelopes containing protested votes taken before him and those received from presiding officers and assistant returning officers, and shall deal with them as follows :- (i.) The returning officer shall produce the original claims of the elECtors whose names and numbers appear upon the envelopes, and for this purpose he shall be entit1ed to have the same produced to him by the electoral registrar in whose custody such claims are. (ii) The returning officer, without opening the envelope, shall compare the signature of the voter on the envelope containing the protested vote with the signature to the claim, and

6220 ELECTIONS. Elections Acts Amendment Act. 5 GEO. Y. No. 29, allow the scrutineers who are present to in- spect the same, and shall determine whether the signature on such envelope is that of the elector. (iii.) If the vote is allowed, the returning officer shall open the envelope and, without unfolding the ballot-paper, insert the allowed vote in the ballot-box; and, after dealing with all pro- tested votes, shall count such of them as are allowed. He shall retain the envelope and set it aside for separate custody. (iv.) If the returning officer disallows the vote, then th~ protested vote unopened shall be set aside for separate custody. (v.) The original claims to which the protested votes respectively relate shall be retained in the custody of the returning officer in case there may be an appeal to the Elections Tribunal, and, if there is no such appeal, shall be returned to the custodyof the proper electoral registrar. (vi.) At the close of the scrutiny, the returning officer shall enclose in one parcel the envelopes which contained the protested votes allowed and the envelopes containing the disallowed protested votes, and shall seal up such parcel. Nothing herein contained shall be deemed to take away the right to appeal to the Elections Tribunal from the decision of the returning 0 fficer as to the allowance or disallowance of a protested vote. . Am~ ndment 16. In section seventy-one of the Consolidated Acts, of s. 71. the words "The presiding officer shall use ink or pencil of uniform colour for all ballot-papers and rolls." are repealed. Amendment 17. The following words are inserted after the first of i. 72. paragraph of section seventy-two of the Consolidated Acts :- "The presiding officer or poll clerk shall use ink or pencil of uniform colour in writing the ballot number on the roll." CompulsOlY voting. 18. After section seventy-four of the Consolidated Acts, the following section is inserted :- [75.] (.1.) It shall be the duty of every elector to record his vote at every election held for the Electoral District on the roll of which he is enrolled~ But this

ELECTIONS. 19f4. Elections Acts Amendment Act. prOVISIOn shall not be construed to compel any elector to vote contingently under the provisions in that behalf hereinafter contained. (2.) It shall be the duty of the returning officer at the close of every election to compile a list of the names and descriptions, as appear by the roll, of the electors who have not voted at the election for which he is the returning officer, and to certify such list by statutory declaration under his hand. Such list so certified shall in all proceedings be prima facie evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the said election. (3.) Within seven days after the close of the said election, the returning officer shall send by post to each elector whose name appears on such list, at the address therein mentioned, a notice in the following form or to the like effect:- ELECTORAL DISTRICT OF---- To [name of elector], No. [number on roll]. Take notice that it appears you have failed to vote at the election for ahovenamed District held on the day of ,19 . You are, therefore, called upon tQ give a valid, sufficient, and t,ruthful reason why you failed so to vote, by filling up and signing the form at the foot hereof and po~ ting this notice so as to reach me not later than [insert datp on which notice to be in hands of returning officer]. . A. B., Returning Officer. REASON FOR NOT VOTING. I, the ahovenamed elector, acknowledge that I did not'vote at the above election for the following reason :-[insert the true reason]. C. D., Elector. The returning officer, before sending such notice, shall insert therein the name of the elector and his number on the roll and a date on which such notice is to be in the hands of the returning officer. (4.) Every elector to whom such notice has been sent shall fill up and sign the form at the foot of the said notice and post the same so as to reach t-q.e said returning officer not later than the date in the said notice men- tioned, and shall state therein the true reason why he failed so to vote. The returning officer shall, after making all reasonable inquiries, decide whether such reason is a valid and sufficient excuse for such failure to vote, and shall write his decision on the said notice. 6221

6222 ELECTIONS. Elections Acts Amendment Act. 5 GEO. V. No. 29, (5.) The returning officer, within two months after the date in the said notice mentioned, shall send to the Principal Electoral Registrar the certified list mentioned in subsection two hereof and all the forms of notice received by him from electors as mentioned in the last preceding subsection, together with a list of electors, certified by statutory declaration under his hand, to whom the said form .vas posted and by whom it has not been duly returned properly filJed up and signed; and the last-mentioned list so certified shall in all proceedings, including proceedings before any Registration or Revision Court, be prima facie evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the said election, and having received the said notice did not comply with the requisitions thereof. (6.) Every elector who- (a) Failed to vote at the election without a valid and sufficient excuse for such failure; or (b) On receipt of such notice, fails to fil up and sign and post the same to the returning officer so as to reach him within the time prescribed; or (c) States in such form a false reason for not voting; shall for each such offence be liable, on the complaint of the Principal Electoral Registrar, to a penalty not exceeding two pounds. Amendment H). (1.) In the form of postal vote certificate in vasottiongp. ostal section 78L of the Consolidated Acts, after the words "Acting Sergeant," the words "or any two electors of the same Electoral District," are inserted. (2.) On the front page of the form of postal ballot- paper in section 78M of the Consolidated Acts, in paragraph (i.), after the words" acting sergeant," the words "or any two electors of the same Electoral District" are inserted; _ in paragraph (ii.) to (vi.) thereof, both inclusive, after the word" person" the words " or persons" are inserted; in paragraph (vii.) thereof, after the word 66 person," where it first occurs, the words" or persons" are inserted; also, the words " person has attested your vote, he " are repealed, and the words" person or persons has or have attested your vote, he or they" are inserted in lieu thereof.

ELECTIONS. 62;!3 1914. Elections Acts Amendment Act. (3.) In subsection one of section 78p of the Con- solidated Acts, after the words "acting sergeant" the words "or any two electors of the same Electoral Dis- trict" are inserted. In paragraphs (i.) to (vi.), both inclusive, f the said subsection, after the word" person" the words "or persons" are inserted; in paragraph (vii.) ther of, after the word "person," where it first occurs, th words" or persons" are inserted; also, the words "t e person as aforesaid has attested the vote, he" are repeal d, and the words " person or persons as afore- said has l' have attested the vote, he or they" are inserted i lieu thereof. (4.) I subsection one of section 78Q of the Consoli· dated Ac+s, after the word "person" the words "or persons" re inserted. 20. otwithstanding anything contained in the Protection to Oonsolidatd Acts, it is hereby declared that any person soldlers. who, at th time immediately prior to his departure from Queenslan for service with His Majesty's Forces during the prese t War, is resident in Queensland shall not, by reason me ely of such departure from or any absence from Queenslan for the purpose aforesaid, or during a period of twelve months after the conclusion of the War, be prejudiced in any way with respect to enrolment or right to enrolm nt, on any roll, whether such right is immediate or WilllWC ue during such absence; and for all purposes of the Co solidated Acts such person, during the whole of such a sence, shall be deemed to be resident in the Electoral istrict in which he resided immediately prior to his enli tment or his being called out for active service. Notw'thstanding anything contained in the Oon- El~ctors on solidated cts, an " y elector who departs from Queensland s a e cr tl V Y i C66 t 0 on service with His Majesty's Forces during the present have a War shal, [JJt the next ensuing general election, be vote. entitled t vote for the return of a member of the Legis- lative Ass mbly for the District for which he is enrolled; and such ,lector may, on the prescribed form, nominate and appoi t some person resident in Queensland to exercise such right of voting on his beh8Jf. Every such nomination shall be a .tested by an officer of the Forces ,vith which such elecor is serving not being below the rank of captain, a d shall be forw!Hded by such officeI' to the , Principal lectoral Registrar, who shall forthwith advise the retur ing officer of the District in which the elector is enrolle. Thereupon the person so nominated and

6224 ss. 1. 2. ELECTIONS.-FISHERIES. Fish and Oyster Act. 5 GEO. V. No. 23, Reprinting Ad. appointed to exercise such right of voting in lieu of the elector may exercise such right. The exercise of any such right shall be without prejudice to any right to vote which such person may have in his own personal capacity as an elector. Regulations may be made by the Governor in Council for giving full effect to this section. 21 In all copies of the Consolidated Acts as amended by this Act hereafter printed by the Government Printer, the sections and subsections thereof shall be renumbered so as to be in consecutive numerical order throughout, and all specific references to any section or subsection by its number in any enactment therein contBoined shall be amended by the substitution of the proper number of the reprinted Act. FACTOJUES Sir 1, . ~ BOrlt FERTILISERS. ,":,'a AGHTCULTl'nx FISHERIES. An Act to Consolidate and Amend the Law relating 5 Ge'. Y. No. 23. to Fish and Oysters. J.J 'fHE [ASSENTED TO 3RD DECE~ IBER, 191 BE FISH AND ACT OY m S ' TE 1R914. 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:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title 1. This Act may be cited as "The Fish and Oyster amnedncceomme· nt Act of 1914," and shall come into operation on the first of Act. day of January, one thousand nine hundred and fifteen. Di,ision of Act. 2. This Act is divided into Parts, as follows:- PART 1.-, PRELIMINARY; PART H.-GENERAL FISHERIES; PART HI.-OYSTERS; PART IV.-ANCILLARY PROVISIONS.