Elections Acts Amendment Act of 1930 (21 Geo v No. 39) (Qld)

12886 EI..ECTION8. Elections Acts Amendment Act. 21 GEO. V. No. 39, DISCHARGED SOLDIER SETTLEMENT. See HOUSING. DISCHARGED SOLDIER SETTLEMENT. See LAND, CROWN. DISEASES IN PLANTS AMENDMENT. See PRIMARY PRODUCE. DISEASES IN STOCK. See STOCK. DISTRICTS (GRAZING) IMPROVEMENT. See DINGOES AND MARSUPIALS. DOGS. See DINGOES AND MARSUPIALS. ECONOMICS AND STATISTICS, BUREAU OF See STATISTICS. ELECTIONS. 21NGo.eo3. 9. V. An Act to Amend "The Elections Acts, 1915 to THE 1925" in certain particulars. ELECTIONS ACTS AMENDMENT [ASSENTED TO 24TH DECEMBER, 1930.] ACT OF 1930. B E it enacted by the King's Most Excellent Ma.jesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The ElectionsAct8 and t t' Amendment Act of 1930," and shall be read as one with cons ruc IOn. *" The Elections Acts, 1915 to 1925," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Election8Act8, 1915to1930." * 6 Geo. V. No. 13, and 16 Geo. V. No. 21, 8upra, pages 6779 and 11294.

1930. ELEC'l'IONS. Elections Acts .Amendment Act. 12887 Amendments of the Principal Act. 2. In the definition of "Minister" in section four Section 4. of the Principal Act, the words" Home Secretary" are repealed and the words "Attorney-General" are inserted in lieu thereof. 3. Section seven of the Principal Act is amended Section 7. by omitting the words "Principal Electoral Officer" .and substituting the words "returning officer of the district concerned" in lieu thereof. 4. Mter the first paragraph of section eight, the Amendment following paragraph is inserted:- of s. S. "Provided that in the case of a by-election the Governor in Council may for the purposes of such by-election appoint any places to be polling-places within the district for which the by-election is being held, and in addition any places in any other district or districts to be polling-places in respect of the by-election concerned.', 5. Section nine of the Principal Act is repealed, and Section 9. a new section nine is inserted in lieu thereof, namely :- " [9.] Subject to the disqualifications hereinafter set Qualification out, every person, whether male or female, not under of electors. twenty-one years of age- (a) Who being a natural-born subject or a naturalised subject has lived in Queensland for a continuous period of six months; and (b) Who has lived in an electoral district of Queensland for a continuous period of three months immediately preceding the day on which he makes his claim to be enrolled as an elector for such district; and (c). Whose name is on the electoral roll for such district, shall be qualified as an elector under this Act." 6. Section ten of the Principal Act is repealed. Section 10. 7. Section eleven of the Principal Act is amended Amendment as follows:- of s. n. (a) Before the words" No aboriginal native," the words "Subject as hereinafter provided" are inserted.

12888 ELECTIONS. Elections Acts Amendment Act. 21 GEO. V. No. 39, (b) The following new provisions are added to the said section:- "Provided that a native of British India who • possesses the qualifications contained in section nine aforesaid shall be qualified to be enrolled upon any electoral roll and entitled to vote at any election: Provided further, that a native of Syria who has become naturalised pursuant to the laws of the Commonwealth, and who possesses the qualifications contained in section nine aforesaid, shall be qualified to be enrolled upon any electoral roll and entitled to vote at any election." 8. After section eleven of the Principal Act the following new sections are inserted :- Further disqualifica. tions. "[1IA.] No person- (1) Who is an aboriginal native of the islands in Torres Strait or whose parents are aboriginal natives of the islands of Torres Strait (usually referred to as a Torres Strait Aboriginal or Torres Strait Islander) ; (2) Who is a half-caste as defined in *" The Aboriginals Protection and Restriction of the Sale of Opium Acts, 1897 to 1901," and which half-caste is subject to the control and general supervision of the Protector of Aboriginals, whether by being an inmate of any institution for aboriginals or an inmate of any mission station or like institution, or whether hired out for employment with any employer, and who, notwithstanding such hiring-out, is still under the control and general supervision of the Protector of Aboriginals, shall be qualilied to be enrolled upon any electoral roll or entitled to vote at any election of Members of the Legislative Assembly. Principal [lIB.] If the name of any elector who is or shall EOlfeficcteorrmalay be subject to any of the disqualifications referred to in nmove sections 11 and 11A of this Act has already been enrolled rnoalml. es from upon any electoral roll of the State, it shall be the duty of the Principal Electoral Officer, and he is hereby empowered so to do, to remove such name from such electoral roll accordingly." * 61 Vie. No. 17, and 2 Edw. VII. No. 1, supra, pages 3 and 10.

ELECTIONS. 12889 1930. Elections Acts Amendment Act. 9. Section sixteen of the Principal Act is amended Amendment by omitting the words "such polling-places for the of s. 16. district," and inserting the words "such places within each electoral district" in lieu thereof. 10. In subsection three of section nineteen of the Amendment Principal Act the words" person may" are repealed, and of s. 19. the words" person shall" are inserted in lieu thereof. 11. In subsection one of section twenty-three of the Amendment Principal Act, the words "for one month may" are of s. 23. repealed, and the words "for three months shall" are inserted in lieu thereof. 12. Section thirty of the Principal Act is amended Amendment as follows :_ ' of s. 30. Subsections one and two are repealed, and new subsections one and two are inserted in lieu thereof :- " (1.) The Registrar-General shall in each m onth Registrar· furnish to the Principal Electoral Officer a list of all i: . . ~ i: ~ \ ! ~ . deaths of adult males and females of twenty-one years and upwards, and also a list of marriages of female electors of twenty-one years of age and upwards which have been registered by him or by every registrar of births, deaths, and marriages during the last preceding month; and the Principal Electoral Officer shall strike off the roll the name of every elector who is named in such list as dead and shall alter on the roll the name of any elector changed by marriage. (2.) Every female elector shaH, after changing her Female name by reason of marriage, furnish to the elec.toral : ~ ~ Jo~ e~ registrar of the electoral district for which she is claim for entitled to be enrolled a new claim for enrolment in her ~ ~ r: : ~ ~ tge. married name." 13. In the proviso to subsection one of section Amendment thirty-one of the Pl'incipal Act, the words "five of s. 31. shillings" are repealed and the words "two shillings and six p(C)nce" are inserted in lieu thereof. . 14. Paragraph (a) of subsection three of section Amendment thirty-two of the Principal Act is repealed, and a new of s. 32. paragraph (a) is inserted in lieu thereof:- " (a) Does not live in the district, and has not so lived in such district for the past preceding three months; or."

12890 ELECTIONS. Elections Acts Amendment Act. 21 GEO. V. No. 39, Amendment 15. In subsection one of section thirty-three, the <Jf 8. 33. words "forty-two days" are repealed, and the words "fourteen days (or such longer period as may be prescribed in respect of any specified electoral district or districts)" are inserted in lieu thereof. Amendment 16. Proviso (b) of section thirty-five of the Principal <Jf 8. 35. Act is amended by inserting after the words "section eleven" the words" or section llA"; also proviso (d) is repealed, and provisos (e) and (f) are renumbered (d) and (e) accordingly. Amendment 17. In the second paragraph of section fifty-four of Df 8. 54. the Principal Act, after the words "being locked," the words " and sealed" are inserted. Amendment 18. Section sixty-one of the Principal Act is Qf s. 61. amended as follows:- In subsection one the words" by making a cross" are repealed, and the words "by placing the figure 1 " are inserted in lieu thereof. In subsection two the words "by making a cross" are repealed, and the words "by placing the figure 1 " are inserted in lieu thereof. Amendment 19. Section sixty-three of the Prmcipal Act is Qf 8. 63. amended as follows:- (a) In subsection three, the words" Within seven days" are repealed, and the words "Within twenty-one days" are inserted in lieu thereof. (b) The following new subsection is added to the said section, namely:- Subsection 7. "(7.) At the conclusion of an election the Principal Electoral Officer shall remove the names of any persons from the electoral roll who failed or neglected to fill up and sign and post to the returning officer the notice as prescribed in subsections three and four aforesaid. For the purposes of these provIsIOns the general election holden on the eleventh day of May, one thousand nine hundred and twenty-nine, shall be and be deemed to be an election, and the necessary action as aforesaid to be taken by the Principal Electoral Officer shall be taken accordingly:

ELECTIONS. 12891 1930. Elections Acts Amendment Act. Provided that any person whose name has been removed from the roll pursuant to this subsection shall be required to furnish a new claim for enrolment before the reinstatement on the roll of the name of such person shall be effected." 20. In section sixty-eight of the Principal Act the Amendment words "writes a figure" are repealed, and the words of B. 68. " makes a cross" are inserted in lieu thereof. 21. In subsection one of section seventy of the Amendment Principal Act, after the words "and for which he is of s. 70. enrolled," the words "or in the case of any general election or by-election that he will throughout the hours of polling on polling-day be travelling under conditions which will preclude him from voting at any polling- booth in the State," are inserted. 22. Section seventy-one of the Principal Act is Amendment amended as follows:- of s. 71. • (a) In subsection one, after the words "returning officer," where they twice occur, the words "or an electoral registrar for the district" are inserted. (b) In subsection two, after the words" returning officer," the words "or electoral registrar for the district" are inserted. (c) In subsection three, after the words "returning officer," where they first occur, the words" or electoral registrar for the district" are inserted. (d) In subsection four, after the words "returning officer," where they twice occur, the words" or electoral registrar for the district" are inserted. (e) After subsection eight the following subsection is inserted :- "[BA.] It shall be the duty of the electoral registrar to whom an application is made for a postal- vote certificate to immediately notify the returning officer of the name and the number on the roll of every voter in respect of whom he has issued a postal-vote certificate, and the returning officer shall as far as conveniently possible take the same action in respect thereof as he takes in respect of postal-vote certificates issued by him."

12892 ELECTIONS. Elections Acts Amendment Act. 21 GEO. V. No. 39,1930. 23. After section seventy-one of the Principal Act the following section is inserted :- Electors " [71A.] An elector who, on account of living on an irselsainddinsgooffn island off the coast of the State but within an electoral the coast. district, or on account of his travelling between such island and any other island or the coast has reason to believe that he will be unable on polling-day to attend at a polling-place to vote may, after the issue of the writ and before polling-day, apply in the prescribed form to the returning officer or an electoral registrar for a postal-vote certificate, and the provisions of section seventy-one of this Act and regulations thereunder shall, mutatis mutandis (with any necessary amendments or additions thereto as may be prescribed), apply and extend accordingly." Section 74. 24. In subsection one of section seventy-four ot the Principal Act, the words "including a postal vote but not" are repealed, and the words "not including a postal vote or " are inserted in lieu thereof; also paragraph (c) of the said subsection one is amended by omitting the words "Has no cross in a square," and inserting the words" Has not the figure 1 in a square" in lieu thereof; also the words "has crosses" are repealed, and the words "has the figure 1" are inserted in lieu thereof. New s. lOOA. 25. After section one hundred of the Principal Act the following new section is inserted ' - "[100A.] It is hereby declared that the provisions of the regulations made pursuant to the provisions of the Principal Act dated the twenty-third day of October, one thousand nine hundred an:d thirty, appearing in the Gazette of the twenty-fifth day of October, one thousand nine hundred and thirty, shall not apply and extend in respect of any search made bona fide by a person to ascertain whether or not his name is on the electoral roll." . .