Elections Acts Amendment Act of 1940 (4 Geo Vi No. 15) (Qld)

17910 ELECTIONS. Elections Acts Am'endment Act. 4 GEO. VI. No. 15, ELECTIONS. 4 GEO. VI. NO.l5. THE ELECTIONS ACTS AMENDMENT AOTOF 1940. An Act to Amend "The Elections Acts, 1915 to 1936," in certain particulars. [ASSENTED TO 21sT NOVEMBER, 1940.] B E it enacted by the King's Most Excellent Majesty, 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 Elections Acts :~! truotion. Amendment Act of 1940," and shall be read as one with *" The Elections Acts, 1915 to 1936," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Elections Acts, 1915 to 1940." A mendments of the Principal Act. Aofm s. en 9 d . ment after 2 s . ecTtihoen fnoilnloewoinf gthseecPtriionnc, ipnaulmAbcetr, endamteenl, yi: s - inserted Qualifi?ation "[10.] Any person who at the time immediately soafilsoorlsd, iearnsd prI.or to h· IS en1 I · S t ment , appO.lnt ment ,or beI. ng ca11ed up members of for continuous service with His Majesty's Naval, Military, MtheiliNtaaryv, al ~ r or A· IT F orces dur· mg the war eXl.St·mg at the pass.mg 0 f Air Foroe, or t" The Elections Acts Amendment Act of 1940" or to his ~ ~ : ~ : s. employment by, or in the execution of a contract with, the Commonwealth of Australia for supplying munitions or for any other purpose of defence lived in an electoral district of Queensland shall not, by reason of his absence from such electoral district or from the State during the period of such service or for a further period of twelve months thereafter, or, as the case may be, during the period of such employment be prejudiced in any way with respect to his enrolment or right to enrolment on any roll, whether such right is immediate or will accrue during such absence; and for all purposes of this Act such person for the period specified shall be deemed to I live in the electoral district in which he lived immediately prior to his enlistment, appointment, or being called up for continuous service. 6 Geo. V. No. 13 and amending Acts, supra, pagES 6779 et seg. t This Act.

ELECTIONS. 17911 1940. Elections Acts Amendment Act. This section applies and extends to any female enlisted, appointed, or called up during the said war for continuous service with the said Forces as medical practitioner or nurse or masseuse or otherwise." 3. The following proviso is added to subsection Amendment. two of section twenty-one of the Principal Act, namely:- of s. 21 (2). " Provided that a claim for the enrolment of any person who is eligible to be enrolled and is serving with His Majesty's Naval, Military, or Air Forces outside the State of Queensland during the war existing at the passing of *" The Elections Acts Amendment Act of 1940" or for a further period of twelve months thereafter may be signed on his behalf by an elector who has been nominated and appointed by him for this purpose. The nomination shall be in the prescribed form and shall be attested by an officer, commissioned or non-commissioned, of the Forces with which the person concerned is serving, and after completion shall be lodged with the Principal Electoral Officer." 4. The following proviso is added to section fortY-Amendment; nine of the Principal Act, namely :_ of s. 49. " Provided that if a hospital or charitable institution is appointed as a polling-place, every room or ward thereof in which there is any elector unable by reason of ill-health to present himself at a polling-booth provided at such polling-place shall be deemed to be a polling-booth for the purpose of enabling such elector to record his vote, and the presiding officer may take the ballot-box to each such elector for the purpose of receiving the vote recorded by him." 5. Paragraph (iv.) of subsection two of section Amendment. sixty-nine of the Principal Act is repealed and the ofs. 69 (2). following new paragraph (iv.) is inserted in lieu thereof, namely:- " (iv.) What is your full address on the roll for the electoral district for which you claim to vote?" 6. Section seventy-one of the Principal Act is Amendment&. amended as follows :_ of s. 71. (a) In the first paragraph of subsection one thereof the words "before polling-day" are repealed and the * This Act.

1.7912 ELECTIONS. Elections Acts Amendment Act. 4 GEO. VI. No. 15, words" before six o'clock in the afternoon of the day immediately preceding polling-day" are inserted in lieu of such repealed words. (b) In the first paragraph of subsection five thereof the words" or, if the voter is a member of His Majesty's Naval, Military, or Air Forces, or a female serving with such Forces as medical practitioner or nurse or masseuse or otherwise, another such member or female so serving" are inserted after the words" attendance on such voter," and the words "but not afterwards" are repealed and the words " but not after six o'clock in the afternoon of polling-day" are inserted in lieu of such repealed words. (c) The words "or for delivery on polling-day before six 0' clock in the afternoon to the returning officer 'or an assistant returning officer or presiding officer for the district" are added to paragraph (vii.) of subsection five thereof. (d) The following subsection, numbered (SB), is inserted after subsection (SA) thereof, namely:- " (8B.) The returning officer and every assistant returning officer and presiding officer shall deal in the prescribed manner with any postal voter's envelope ,delivered to him on polling-day." (e) The first paragraph of subsection nine thereof (being the paragraph commencing with the words" At the scrutiny" and ending with the words" dealt with .as follows") is repealed and the following paragraphs are inserted in lieu thereof, namely:- " At the scrutiny the returning officer shall produce, unopened, all postal voters' envelopes received by him by post or delivered to him or to an assistant returning officer or presiding officer for the district and every outer envelope which was- (a) Delivered on polling-day before six o'clock in the afternoon to such returning officer or to any assistant returning officer or presiding officer for the district; or (b) Received by post by such returning officer before six 0' clock in the afternoon of polling-day; or

ELECTIONS. 17913 1940. Elections Acts Amendment Act. (c) Received by post by such returning officer and on which the postmark clearly indicates that such envelope was posted on or before polling-day; shall be opened, and the enclosure shall be dealt with as follows:-". (f) In paragraph (ii.) of subsection nine thereof the words "He shall also determine whether the vote was recorded within the time prescribed, and shall disallow all votes which have not been so recorded" are repealed. (g) The following paragraph is added to subsection nine thereof, namely:- " No outer envelope shall be opened at the scrutiny unless it was received by post or delivered as prescribed by paragraph (a) or paragraph (b) or paragraph (c) of this subsection, and every such unopened outer envelope shall be set aside for separate custody." 7. Subsection two of section seventy-four of the Repeal of Principal Act is repealed and the following new subsection : ~ ~ ; ~ . two is inserted in lieu thereof, namely:- "(2.) Notwithstanding any provision of this Act other than paragraphs (a) (b) and (d) of subsection one of this section if, in the opinion of the returning officer, the intention of an elector in voting is clearly apparent, his ballot-paper shall not l?e rejected merely because of the manner in which he has dealt with same." 8. Section eighty-three of the Principal Act isAmendments. amended as follows, namely:- of B. 83. (a) In subsection one thereof the words "by advertisement in some newspaper published in or generally circulating in the district" are repealed and the words " by a notice in the prescribed form published in the Gazette," are inserted in lieu of such repealed words. (b) Subsection six thereof is repealed and the following new subsection six is inserted in lieu of such repealed subsection, namely:- "(6.) Notwithstanding anything contained in this Act, no returning officer shall vote at- (i.) Any general election; or

17914 ELECTIONS. Elections Acts Amendmelfl,t Act. 4 GEO. VI. No. 15, (ii.) Any adjourned election in respect of any district which it has become necessary to hold on account of the death of any candidate which occurred after nomination day and before polling day at a general election; or (iii.) Any by-election for the district for which he is returning officer; or (iv.) Any by-election for any other district held at the same time as a by-election for the district for which he is returning officer, except as prescribed by subsection five of this section." Amendments 9. Section eighty-four of the Principal Act is -of s. 84. amended as follows ;_ (a) Subsection one thereof is repealed and the following new subsections, numbered one to five, both inclusive, are inserted in lieu thereof, namely;- Ballot· " (1.) The returning officer shall within thirty days ~ : rv: e~:ae after the expiration of the day named in the writ for the the Clerk return thereof or, if the Governor or Speaker has extended " fs! ~! bIY the time for the return of the writ, the last day of such Queensl~ d. extended time- (a) Enclose in one packet the several sealed parcels made up and sealed by him, in pursuance of subsection one of section eighty-two of this Act; and (b) Seal up such packet and affix thereto in the prescribed manner the prescribed label endorsed with a description of the several contents thereof and the name of the electoral district and the date of polling, and sign such endorsement with his name; and (c) Transmit such packet to the Clerk of the Assembly. (2.) The sealed packet hereinbefore in this section mentioned may be transmitted to the Clerk of the Assembly by delivering the same to him personally or by sending such packet by rail or road or any other prescribed means of transmission addressed to the said Clerk at Parliament House, Brisbane.

1940. ELECTIONS. Elections Acts Amendment Act. 17915 (3.) The Clerk of the Assembly shall deposit all sealed packets transmitted to him under this section in a room in or within the precincts of Parliament House, which room shall be exclusively set apart for that purpose. . Every such sealed packet shall be safely kept in such room by the Clerk for a period of two years after the date of the delivery of same to him. Every mea;ns of access to such room except one door shall be securely fastened up and such door shall be provided with two locks, each of a different pattern, the keys of which shall, except when required for the purposes of this section, be kept in safe deposit at all times during which a:p.y sealed packet is being kept therein. (4.) Upon the expiration of thirty days after the day named in the writ for the return thereof or, if the Governor or Speaker has extended the time for the return of the writ, the last day of such extended time, the Clerk of the Assembly shall report to the Minister any failure by a returning officer to comply with this section. (5.) Within three months after the expiration of the period of two years mentioned in subsection three hereof, the Clerk shall cause all such sealed packets to be destroyed. Before proceeding to such destruction, he shall give reasonable notice thereof to the Speaker, the Attorney-General, and the Leader of the Opposition, each of whom shall be entitled to be present thereat personally or by his representative and to verify that all such sealed packets are then destroyed." (b) Subsection two thereof is renumbered subsection six. 10. The following section, numbered 91A, is inserted New 8. 9b. after section ninety-one of the Principal Act, namely:- "[91A.] No person shall, unless he is authorised or Penalty for justified or excused by this Act, get possession of or havec,tt!n g or in his possession any roll, book, or paper kept and usedun::torised by a returning officer, assistant returning officer, t0ir:sion of presiding officer, poll clerk, or electoral registrar during p: p~ ~ . &0. the polling at any eleotion or any ballot-paper. c

17916 ELECTIONS. Elections Acts Amendment Act. 4 GEO. VI. No. 15, 1940. Any person who offends against this section shall be liable to a penalty of not more than one hundred pounds or to imprisonment for not longer than six months or to both such penalty and imprisonment. The liability of any person under this section shall be presumed in law if it be proved that such person got possession of or had in his possession any roll, book, or paper kept and used by a returning officer, assistant returning officer, presiding officer, poll clerk, or electoral registrar at the polling during any election or any ballot- paper unless the adjudicating court be satisfied (the onus of proof whereof shall lie on such person) that such person was authorised or justified or excused by this Act in getting possession of or having in his possession such roll, book, paper or, as the case may be, ballot-paper. Proceedings for an offence against this section may be instituted by any member of the Police Force." Amendment 11. The words "or within four months after he of 8. 97 (3). has knowledge of the commission of the offence~ whichever period is the later" are inserted after the words" commission of the offence" in subsection three of section ninety-seven of the Principal Act. Amendment 12. The words and brackets" (including any male of8.100. elector so absent on service with His Majesty's Naval, Military, or Air Forces, or any female elector so absent on service as medical practitioner or nurse or masseuse or otherwise with the said Forces during the war existing at the passing of *" The Election8Act8 Amendment Act of 1940" or for a further period of twelve months thereafter or any elector employed as prescribed by section ten of this Act)" are inserted after the words "absent from Queensland" in subsection one of section one hundred of the Principal Act. * This Act.