Elections Acts Amendment Act of 1958 (7 Eliz Ii No. 2) (Qld)

ELECTIONS. 7 E liz . II. No. 2, 1958. Elections Acts Amendment Act. 65 ELECTIONS. An Act to Amend “ The Elections Acts, 1915 to 1952,” in certain particulars. * [A ssented to 19 th M arch , 1958.] 7 §“\lL E lections A cts A mendment act or ms. B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Elections short title. Acts Amendment Act of 1958.” (2.) “ The Elections Acts, 1915 to 1952,” are in this Principal Act referred to as the Principal Act. ct‘ (3.) The Principal Act and this Act may be Collective collectively cited as “ The Elections Acts, 1915 to 1958.”tlte' (4.) This Act shall be deemed to have commenced Commence- on the eighteenth day of March, one thousand nine " hundred and fifty-eight, and shall operate retrospectively accordingly. 2. Section twenty-seven of the Principal Act is Amendments amended— ° s' ‘ (a) By inserting, after subsection three thereof, the following subsection :— “ (3 a . ) (a) A person whose name, by reason of some official mistake or error shall have been wrongly omitted or erased from any roll on which he is required by the provisions of section seven of “ The Local Government Acts, 1936 to 1958,” to be enrolled—- (i.) On the thirty-first day of December immediately preceding any triennial election to qualify him, in respect of that triennial election ; or

66 ELECTIONS. Elections Acts Amendment Act. 7 E liz . II. No. 2, (ii.) In the case of any election other than the triennial election, on a day not later than thirty clear days before the day on which the election is to be held to qualify him, in respect of that election, to be nominated as a candidate and to be elected or appointed and to act as chairman or member of any Local Authority, shall, notwithstanding that he is not enrolled on the roll in question (but subject to that person not being under any of the disabilities specified in subsection two of the said section seven) be and continue to be qualified to be nominated as a candidate and to be elected or appointed and to act as chairman or member of the Local Authority in question as if he had been duly enrolled on the roll in question on the thirty-first day of December immediately preceding the triennial election in question or, in the case of any election in question other than a triennial election, on the day thirty clear days before the day on which the election is to be held. (b) The production to the person who is the returning officer for any triennial election or election other than the triennial election under *“ The Local Government Acts , 1936 to 1958,” in any Area, of a certificate purporting to be signed by the Principal Electoral Officer and stating that, by reason of the official mistake or error specified in that certificate, the name of the person named therein was wrongly omitted or, as the case may be, erased from the roll specified therein shall be accepted by the returning officer as evidence sufficiently proving the matters certified to in that certificate and unless and until evidence in rebuttal of such a certificate is supplied to him, the returning officer shall not require any of the matters certified as aforesaid to be proved by any other evidence whatsoever.” ; (b) By adding to paragraph (a) of subsection four thereof the words “or a mistake or error pertaining to the enrolment of any electors, the conduct of any election, or otherwise howsoever to the execution of this Act committed by a returning officer, assistant returning officer, presiding officer, poll clerk or member of the Police Force ” ; * 1 G. 6 No. 1 and amending Acts.

ELECTIONS. 67 1958. Elections Acts Amendment Act. (c) By adding to paragraph ( b) of subsection four thereof the words “ and, in relation to any returning officer, assistant returning officer, presiding officer, poll clerk or member of the Police Force, the term “ mistake or error ” means any act or omission which the Principal Electoral Officer is satisfied was committed by that officer, clerk or member and by reason whereof, the Principal Electoral Officer is further satisfied, the name of a person has been wrongly omitted or erased from any roll hereinbefore mentioned in this paragraph (6), save that the name of a person struck off a roll under section thirty-three of this Act pursuant to an objection by an electoral registrar shall never, in any case, be deemed to have been omitted or erased from that roll by reason of official mistake or error committed by a member of the Police Force 3. Subsection one of section 35 a of the Principal Amendment* Act is amended- ofs.35A(i). (a) By adding to paragraph (a) thereof the words “or a mistake or error pertaining to the enrolment of any electors, the conduct of any election, or otherwise howsoever to the execution of this Act committed by a returning officer, assistant returning officer, presiding officer, poll clerk or member of the Police Force ” ; (b) By adding to paragraph ( b) thereof the words “ and, in relation to any returning officer, presiding officer, poll clerk or member of the Police Force, the term “ mistake or error” means any act or omission which the Principal Electoral Officer is satisfied was committed by that officer, clerk or member and by reason whereof, the Principal Electoral Officer is further satisfied, the name of a person has been wrongly omitted or erased from any roll hereinbefore mentioned in this paragraph (6), save that the name of a person struck off a roll under section thirty-three of this Act pursuant to an objection by an electoral registrar shall never, in any case, be deemed to have been omitted or erased from that roll by reason of official mistake or error committed by a member of the Police Force 4. Subsection thirteen of section sixty-three of the Amendment Principal Act is amended by adding to the secondof s- 63 (13)‘ paragraph thereof the words “ or under and pursuant to section twenty-seven of this Act