Elections Acts Amendment Act of 1959 (8 Eliz Ii No. 68) (Qld)

481 <$uccnshmh ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. ♦ ♦ ♦♦♦♦♦♦♦ •«♦«*«« ♦♦ ♦♦ * ♦ *4 No. 68. An Act to Amend "The Elections Acts, 1915 to 1958," in certain particulars. [A ssented to 23 rd D ecember , 1959.] B E it enacted by the Queen’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 o£ the same, as follows:— 1. ( 1 .) This Act may be cited as “ The Elections short title. Acts Amendment Act of 1959.” (2.) “ The Elections Acts, 1915 to 1958,” are in this Principal Act referred to as the Principal Act. Aot‘ (3.) The Principal Act and this Act may be Collective collectively cited as “ The Elections Acts, 1915 to 1959.” tltle

482 Elections Acts Amendment Act. 8 E liz . II. No. 68, Commence- 2. (1.) The amendments made by paragraphs (b) <»rtainf and (c) of section seven, section ten and section thirteen of provisions this Act to the Principal Act shall come into operation of this Act. on day of March, one thousand nine hundred and sixty. Savings. (2.) Claims for enrolment and applications to transfer enrolment from one district to another received by, and objections to names on rolls lodged with or made by, the electoral registrar before the first day of March, one thousand nine hundred and sixty, may be registered or proceeded with on or after that date as if the amendments made by paragraphs ( 6 ) and (c) of section seven, section ten and section thirteen of this Act to the Principal Act had not been made. Amendments 3. Section four of the Principal Act is amended— ’ ’ (a) By inserting, after the definition “Assembly ” therein, the following definition :— British subject- “ “ British subject ”—A person who is, or is deemed to be, a British subject under the provisions of the NationalityandCitizenshipAct1948-1958 of the Commonwealth ; ” ; Minister. ( b) By repealing the definition “Minister” therein and by inserting, in lieu thereof, the following definition :— “ “ Minister ”—The Minister of the Crown for the time being administering this Act; ” ; (c) By repealing therein the definitions “ Natural- born subject ” and “ Naturalised subject ”. Amendments 4. Section five of the Principal Act is amended— ofs'5' (a) By repealing subsection two thereof and by inserting, in lieu of that repealed subsection, the following subsection:— “ ( 2 .) (a) The Governor in Council may from time to time appoint one or more electoral registrars for any electoral district or, where an electoral district is divided, for any division thereof.

1959. Elections Acts Amendment Act. The same person may be appointed an electoral registrar for an electoral district and a division of an electoral district or for two or more electoral districts and divisions of electoral districts and whether or not the divisions are divisions of the same electoral district. ( 6 ) Any appointment as electoral registrar under this subsection may, if the Governor in Council deems it so desirable, be made by the appointment to be an electoral registrar of the holder for the time being of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies, or performs the duties of, that office shall, without further appointment or other authority and while he holds or occupies or performs the duties of that office, be an electoral registrar in terms of such appointment, and may hold both his office and such appointment in conjunction.” ; and ( b ) By repealing in subsection five thereof the words “ the deputy of the ” where those words occur after the words “ person to act as ” and inserting, in lieu of those repealed words, the word “ Deputy ”. 483 t 5. The following section is inserted after section New 8. 7 b 7 a of the Principal Act: — inserted. “ [7 b .] (1.) The Governor in Council may from Electoral time to time, by Order in Council published in the ^ay b!f GaZCttC ---- divided, & 0 , (a) Divide an electoral district into divisions ; (b) Re-divide an electoral district into divisions ; (c) Abolish the divisions of an electoral district; ( d ) Alter the boundaries of divisions of an electoral district by including in one divisioii part or parts of another division and by excluding such part or parts from such other division ; and (e) Combine two or more divisions of an electoral district.

484 Elections Acts Amendment Act. 8 E liz . II. No. 68, (2.) The Governor in Council may, in any Order in Council made under subsection one of this section, or in a separate Order in Council give such orders or directions as he may consider necessary or expedient to give effect to the Order in Council under subsection one of this section, including all necessary consequential changes in enrolments of electors, and effect shall be given forthwith to any such order or direction.” Amendment 6 . Subsection two of section eight of the Principal of s. 8 ( 2 ). Act is amended by inserting therein, after the words “ poll at the general ”, the word “ election ”. Amendments 7. Section nine of the Principal Act is amended— ' (a) By, in paragraph (a) thereof, repealing the words “ being a natural-born or naturalised subject ” and inserting, in lieu of those repealed words, the words “ being a British subject ” ; ( 6 ) By, in paragraph (a) thereof, repealing the comma and words “ , and has lived in Queensland for a continuous period of three- months ” ; and (c) By, in paragraph ( 6 ) thereof, repealing the words “ one month ” and inserting, in lieu of those repealed words, the words “ three months ”. , Amendments of s. 11. 8 . Section eleven of the Principal Act is amended— (a) By, in the second paragraph thereof, repealing the commas and words “ , Asia, Africa,” ; and ( b ) By repealing the two provisoes to the second paragraph thereof. 9. Subsection three of section fourteen of the 0 8‘ ‘ Principal Act is amended by repealing the proviso to the first paragraph thereof and inserting, in lieu of that repealed proviso, the following proviso :— “ Provided that if it is not practicable to print any supplemental roll or any part thereof, such roll or part may be written or typewritten in the form of a roll.”

1959. Elections Acts Amendment Act. 485 10. Subsection one of section twenty-three of Amendment the Principal Act is amended by repealing therein the ofs'23 (1)’ words “ one month ” and inserting, in lieu of those repealed words, the words “ a continuous period of three months 11. Subsection two of section twenty-five of the Amendment Principal Act is amended by inserting therein, after ofs*25 <2)> the words “ another district or division ”, the words “ and is entitled to be enrolled as an elector for such other district or division ”„ 12. Subsection three of section thirty of the Amendment Principal Act is amended by repealing the wordof 8'30 (3)' “ Registrar ” "therein and by inserting, in lieu thereof, the word “ Officer ”. 13. Subsection three of section thirty-two of the Amendment* Principal Act is amended by repealing in paragraph (a) of 8‘32- thereof the words “ three months ” and inserting, in lieu of those repealed words, the words “ five months The said section thirty-two is further amended by adding thereto the following subsection “ (5.) Where, by his answer, a person objected to on the ground that he does not live in the district for which he is enrolled, and has not so lived in such district for the past preceding five months, satisfies the electoral registrar— (a) That he has lived in Queensland during the aforesaid five months ; and (b) That he is not qualified as prescribed by paragraph ( b) of section nine of this Act to claim enrolment for any other district, the electoral registrar shall determine that such ground of objection is not a good ground of objection and shall dismiss the objection accordingly. Subsection one of section thirty-three of this Act applies subject to this subsection.”

486 Elections Acts Amendment Act. 8 E liz . II. No. 68, Amendments of s. 35 a . 14. Section 35 a of the Principal Act is amended— (a) By, in subsection three thereof— (i.) Repealing subparagraphs (a), ( 6 ) and (c) of paragraph (i.) and inserting, in lieu of those repealed subparagraphs, the following subparagraph :— “ (a) Place his initials on the back of a ballot- paper of the description and in the form prescribed for voting under this section in such a position as to be easily seen when such ballot-paper is folded so as to conceal the names of the candidates; ” and (ii.) Re-lettering subparagraph (d) of paragraph (i.) of that subsection as subparagraph ( b ); (b) By, in subsection four thereof, repealing the words “ and of the ballot number of the ballot-paper given by him to that person ” ; (c) By, in subsection six thereof— (i.) Repealing in paragraph (a) the words “ that that envelope has thereon, entered in the place provided, a legible ballot number and ” ; and (ii.) Repealing in paragraph ( 6 ) the words “ write the ballot number ” and inserting, in lieu of those repealed words, the words “ place a mark ” ; and (d) By, in subsection seven thereof— (i.) Inserting before the words “ The returning officer ”, where appearing in the second subparagraph of paragraph ( b ), the words, figures and letter “ Subject to section 72 a of this Act ” and by repealing in that subparagraph the words “ or which has not thereon, entered in the place provided, a legible ballot number ” ; and (ii.) Repealing, in the proviso to paragraph (d) the words, letters and brackets “ paragraphs (a) and (b) ” and inserting, in lieu thereof, the words, letters and brackets “ paragraphs (a) or (c)

1959. Elections Acts Amendment Act. 487 15. Section thirty-nine of the Principal Act is Amendment amended by inserting therein, after the words “ whether of 8‘39, male or female ”, the words “ who is not prevented from being elected as a member of the Legislative Assembly by any cause of disqualification prescribed by law and 16. Section forty-four of the Principal Act is Amendments amended— of a' 44‘ (a) By inserting in that section, after the words “ nominated as a candidate ”, the words “ he shall be deemed to be duly elected and ” ; and ( b ) By inserting in that section, after the words “ publicly notify ”, the words “ by a notice published in the Gazette and ”. 17. Subsection two of section forty-five of the Amendment Principal Act is amended by inserting therein, after the of 8' 45‘ words “ place of nomination ”, the words “ a notice stating ”. 18. Section forty-seven of the Principal Act is Amendments amended— of 8'47- (a) By adding to the second paragraph thereof the words “as if such election were a by-election under this Act ” ; and (b) By adding to that section the following paragraph:— “ Upon the writ being deemed to be vacated as aforesaid the returning officer shall pay to each of the candidates (other than the deceased candidate) and to the estate of the deceased candidate all moneys paid as aforesaid to the returning officer by, for or on behalf of, the candidate in question.” . 19. Section fifty of the Principal Act is amended— oAfms. en5d0m. ents (a) By repealing in subsection four thereof the word “ attendance ” and inserting inlieu thereof, the words “ presiding at a booth ” ; and (b) By repealing in subsection five thereof the words “ If by reason of the absenceof the presiding officer the poll is not taken at any polling-place ” and inserting in lieu thereof, the words “ If for any reason the poll is not taken at any polling-place on polling day ”.

488 Elections Acts Amendment Act. 8 Euz. II. No. 68, Amendments 20. Section fifty-one of the Principal Act is of s. 51. amended— (a) By, in subsection two thereof— (i.) Repealing paragraph (h) and inserting in lieu of that repealed paragraph, the following paragraph:— “ (&) In the case of ballot-papers for use in casting votes for a district on polling day at a polling- place for that district (except ballot-papers for use in casting votes permitted under section 35 a of this Act) be attached to a butt which— (i.) -Shall not be part of the attached ballot- paper ; (ii.) Shall be perforated in such manner as will permit the ballot-paper to be easily detached therefrom; and (iii.) Taking into account separately the total number of ballot-papers for each district respectively shall be numbered in regular arithmetical sequence beginning with the figure “ 1 ”, so that no two or more of such butts shall in relation to any one and the same district, bear the same number ; ” ; and (ii.) Repealing paragraph ( j ) and inserting, in lieu of that repealed paragraph, the following paragraph:— “ (j) In the case of ballot-papers (not being ballot-papers to which paragraph (h) of this subsection applies) for use in casting votes permitted under sections 35 a , sixty-nine, seventy (inclusive of votes permitted under section seventy by section 70 a ) or seventy-one (inclusive of votes permitted under section seventy-one by section 71c) of this Act, be attached to a butt which— (i.) Shall not be part of the attached ballot- paper ; (ii.) Shall be perforated in such manner as will permit the ballot-paper to be easily detached therefrom; and

1959. Elections Acts Amendment Act. (iii.) Taking into account collectively the total number of all of those ballot-papers for all districts, be so numbered in regular arithmetical sequence beginning with the figure “ 1 ” so that no two or more of them shall bear the same number.” ; ( b ) By repealing subsections three and four of that section; and (c) By repealing the third subparagraph of paragraph (i.) of subsection eight of that section. 489 21. Section fifty-two of the Principal Act is Amendment amended by adding thereto the following proviso :— ° 8‘52' “ Provided that any person present in a polling booth at six o’clock in the afternoon of polling day who is entitled to vote as an elector and who desires to vote shall be permitted to vote.” 22. Section fifty-seven of the Principal Act is Amendment amended by repealing the word “take” and inserting of8,57’ in lieu thereof, the word “ make ”. 23. Section fifty-nine of the Principal Act is Amendment amended by repealing subsection two thereof andof 8’ 59‘ inserting, in lieu of that repealed subsection, the following subsection:— “ (2.) The presiding officer shall, before delivering the ballot-paper to the elector, place his initials on the back of the ballot-paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates.” 24. Section sixty of the Principal Act is amended— Amendments (а) By, in subsection one thereof, repealing the words ° * “ write the ballot number of such ballot-paper ” and inserting, in lieu of those repealed words, the words “ place a mark ” ; (б) By, in subsection two thereof, repealing the words “writing the ballot number” and inserting, in lieu of those repealed words, the words “ placing such marks ” ; and

490 Elections Acts Amendment Act. 8 E liz . II. No. 68, (c) By repealing subsections three and four thereof and inserting, in lieu of those repealed subsections, the following subsection :— “ (3.) Such mark shall be prima facie evidence that the elector against whose name it is placed voted at the election.” saR. ne6dp2en. aelwof repea2le5d. Saencdti,onin silxietuy-towfo thoaf t threepeaPlreidncispeacltioAnc, t thise following section is inserted :— ^esidfl “ [6*2.] (1.) If the name, on the roll in use by the officer presiding officer at a polling booth, of a person claiming where a to vote as an elector at such polling booth, is marked to tcTvote1* indicate that such person has already received a hav^afread ballot-paper, the presiding officer shall put to such done ra y person the prescribed questions. (2.) No such person shall be permitted to vote until he has answered the prescribed questions in writing signed by him to the satisfaction of the presiding officer and in such manner as to show that he is entitled to vote. ( 3 .) If such person is permitted to vote his ballot- paper shall not be deposited in the ballot-box or allowed by the presiding officer, but shall be set aside in separate custody and shall not be allowed or counted at the scrutiny save by order of the Elections Tribunal.” Amendments 26. Section sixty-three of the Principal Act is of8,63‘ amended— (a) By, in subsection two thereof— (i.) Repealing in paragraph (a) the words “ who have not recorded their votes at the election ” and inserting, in lieu of those repealed words, the words “ who have not been issued with ballot-papers for the election ” ; and (ii.) Inserting in paragraph (d) after the words “ Upon application ” the words “ made not later than seven days after the date named in the writ for its return ” ; (b) By adding to paragraph ( 6 ) of subsection four thereof the following subparagraph :— “or (iv.) Had a valid and sufficient excuse for not voting.” ; and

1959. Elections Acts Amendment Act. (c) By, in subsection thirteen thereof, repealing the first paragraph and inserting, in lieu of that repealed paragraph, the following paragraph :— “If on or before the date specified in any notice under this section sent to any elector the Principal Electoral Officer has not received from such elector, duly filled up and signed, the form at the foot of such notice, the Principal Electoral Officer shall remove from the electoral roll the name of such elector.” 491 27. Section sixty-nine of the Principal Act is Amendments fi OI S. Os< amended— (a) By, in subsection five thereof— (i.) Repealing subparagraphs (i.), (ii.) and (iii.) of paragraph (a) and inserting, in lieu thereof, the following subparagraph :— “ (i.) Place his initials on the back of the ballot-paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates ; ” ; and (ii.) Renumbering subparagraph (iv.) of paragraph (a) as subparagraph (ii.); (b) By, in subsection six thereof— (i.) Inserting the word “ and ” before the words “ the full address ” ; and (ii.) Repealing the comma and words “ , and the number of the ballot-paper given by him to that elector ” ; (c) By repealing subsections eight and nine thereof and inserting, in lieu of those repealed subsections, the following subsection :— “ (8.) (a) At the scrutiny the returning officer shall produce unopened all envelopes received by him immediately containing votes for his district permitted under this section and without in any way unfastening, or permitting or allowing to be in any way unfastened, any envelope immediately containing such a ballot- paper satisfy himself by examining the endorsements upon that envelope, that those endorsements are in order

492 Elections Acts Amendment Act. 8 E liz . II. No. 68, and duly signed and witnessed, and by comparing those endorsements with the roll for his district used by him at the election in question, that the voter is an elector entitled to vote for the district of that returning officer at the election in question. ( b) Upon satisfying himself in every respect as aforesaid, but not otherwise, place a mark against the name of the elector concerned in the roll used by him at the election in question, (c) If, in respect of any vote permitted under this section, the returning officer is not satisfied in every respect as required by the provisions of paragraph (a) of this subsection, he shall reject that vote and shall, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. Subject to section 72 a of this Act, the returning officer shall also reject and set aside for separate custody any and every envelope purporting to contain a vote permitted under this section which does not bear thereon the endorsements signed and witnessed, as prescribed by this section. ’ (d) If, in respect of any vote permitted under this section, the returning officer is satisfied in every respect as required by the provisions of this section, but not otherwise, he shall open the envelope containing the ballot-paper and, without then unfolding the ballot- paper, place it in a ballot-box and set the envelope aside for separate custody. (c) When the returning officer shall have dealt with all the envelopes containing votes permitted under this section produced by him at the scrutiny at any one and the same time he shall open the ballot-box and count such and so many ballot-papers recording those votes as he shall have placed therein; and shall so proceed in respect of every such time until the day when all votes permitted under this section shall have been received and dealt with by him or until the day when no further ballot-papers are to be counted, whichever sooner occurs : Provided that he shall reject any of those ballot- papers required by the provisions of paragraphs (a) or (c) of subsection one of section seventy-four of this Act to be rejected at the close of the poll.” ; and

1959. Elections Acts Amendment Act. (d) By repealing the second paragraph of subsection eleven thereof (being the paragraph commencing with the words “ The ballot number entered on ”). 493 28. Section seventy of the Principal Act is o A f m s e . n 7 d 0 m . ents amended— (a) By, in subsection two thereof— (i.) Repealing paragraphs (i.), (ii.) and (iii.) and inserting, in lieu of those repealed paragraphs, the following paragraph :— “ (i.) Place his initials on the back of the ballot- paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates ; ” ; and (ii.) Renumbering paragraph (iv.) as paragraph (ii-) ; (b ) By, in subsection four thereof— (i.) Repealing the word “ presiding ” and inserting, in lieu of that repealed word, the word “ returning ” ; (ii.) Inserting before the words “ the full address ” the word “ and ” ; and (iii.) Repealing the comma and words “ , and the number of the ballot-paper given by him to that elector ” ; (c) By, in subsection eight thereof— (i.) Repealing in paragraph (d) the words “ that that envelope has thereon, entered in the place prescribed, a legible ballot number, and”; (ii.) In paragraph (e) of that subsection— {a) Inserting before the words “ The returning officer ”, where appearing at the beginning of the second subparagraph, the words, figures and letter “ Subject to section 72 a of this Act”; and (b) Repealing, where appearing in the second subparagraph, the words “ or which has not thereon, entered in the place provided, a legible ballot number ” ; and

494 Elections Acts Amendment Act. 8 Euz. II. No. 68, (iii.) In paragraph (/) of that subsection— (a) Repealing the words “ write the ballot number ” and inserting, in lieu of those repealed words, the words “ place a mark ” ; and (b) Repealing the words “ after so writing that number ” and inserting, in lieu of those repealed words, the words “ after so doing ” ; and (d) By, in the proviso to subsection nine, repealing the words, letters and brackets “ paragraphs (a) and ( 6 ) ” and inserting, in lieu thereof, the words, letters and brackets “ paragraphs (a) or (c) ”. • New 8. 70 b 29. The following section is inserted after section inserted. 70 a of the Principal Act:— Assistance “ [70 b .] (1.) If any person claiming and permitted itn°capaci­ to vote under sections 35 a , sixty-nine, seventy or 70 a staetcetidonal of this Act satisfies the presiding officer, electoral vthoatenrspoosthtaelr registrar or returning officer concerned that he is blind, voters. or that his sight is so impaired, or that he is so physically incapacitated that he is unable to take and do without assistance the steps and things required to be taken and done by him for the purpose of so voting, such presiding officer, electoral registrar or returning officer— (a) Shall permit another elector appointed by such person to take and do on behalf of such person or to assist such person in taking and doing; or (b) If thereunto requested by such person, shall himself take and do on behalf of such person, or assist such person in taking and doing, all or any such steps and things, save that no person other than the person claiming and permitted such a vote shall declare to the contents of or sign any declaration required by the applicable section of this Act in relation to the vote.

1959 . Elections Acts Amendment Act . (2.) Any person to whom subsection one of this section applies who satisfies the presiding officer, electoral registrar or returning officer concerned that he is unable to write his name, may be permitted by such presiding officer, electoral registrar or returning officer to sign his name to any declaration or other document by making thereon his distinguishing mark, which shall be witnessed by such presiding officer, electoral registrar or returning officer. (3.) Any step or thing, save the marking of a ballot-paper, taken or done under the authority of subsection one of this section on behalf of a voter or for assisting a voter by any presiding officer, electoral registrar, returning officer or other person at any time and place when and where any scrutineer is lawfully present shall be taken or done in the sight and presence of such scrutineer. In any such case the ballot-paper shall be marked in the presence of any scrutineer lawfully present.” 495 30. Section seventy-one of the Principal Act is Amendments amended— ’ (a) By, in subsection one thereof, repealing the words “ who will be within the State but ” ; (b) By, in paragraph (ii.) of subsection one thereof, inserting after the words “ the hours of polling on polling day ” the words “ will be within the State of Queensland but ”; (c) By inserting after subsection one thereo: the following subsection:— “ ( 1 a . .) (a) If any applicant to vote under this section is an inmate of a hospital or institution whi ch is a polling-place the application shall contain ojr be accompanied by a statement signed by a duly qualified medical practitioner or qualified nurse who is in attendance on the applicant and stating in the opinion

Elections Acts Amendment Act. 8 E liz . II. No. 68, of such medical practitioner or nurse whether or not the applicant will be an inmate of such hospital or institution on polling day and— (i.) If so, whether the applicant will be prevented by the incapacity, illness or other cause by reason whereof he is an inmate of such hospital or institution from voting therein on polling day ; or (ii.) If not, whether the applicant will be prevented by the incapacity, illness or other cause by reason whereof he is such inmate from voting at a polling-place on polling day. (b) An applicant who is an inmate of a hospital or institution which is a polling-place shall not be entitled to vote under this section— (i.) If the application neither contains nor is accompanied by the statement specified in paragraph (a) of this subsection ; or (ii.) If, according to such statement he will not be an inmate of such hospital or institution on polling day and will be capable of voting at a polling-place on such day ; or (iii.) If according to such statement he will be an inmate of such hospital or institution and capable of voting therein on polling day, and no such application shall be granted by the returning officer or electoral registrar.” ; (d) By repealing the second paragraph of subsection three thereof (being the paragraph commencing with the words “ Before so delivering ”) and inserting, in lieu of that repealed paragraph, the following paragraph:— “ Before so delivering or causing to be sent the certificate endorsed upon an envelope and postal ballot- paper the returning officer or electoral registrar shall place his initials on the back of the ballot-paper in such a position as to be easily seen when the ballot- paper is folded so as to conceal the names of the candidates.”;

1959. Elections Acts Amendment Act. (e) By repealing in subsection four thereof the words “ and in relation to the particulars so shown in respect of any and every postal vote certificate issued by him the ballot number of the postal ballot-paper delivered or caused to be sent to an elector with that certificate ” ; (/) By repealing in paragraph (iv.) of subsection five thereof the words “ the second page of ” ; (g) By repealing subsection (5 a ) thereof; (h) By repealing the last paragraph of subsection eight thereof; (i) By, in subparagraph (iii.) of the first paragraph of subsection nine thereof— (i.) Repealing the words “ write the ballot number ” and inserting, in lieu of those repealed words, the words “ place a mark ” ; and (ii.) Repealing the words “ and after so writing that number ” and inserting, in lieu of those repealed words, the words “ and after so doing ” ; (j) By, in subparagraph (iv.) of the first paragraph of subsection nine thereof, inserting before the words “ No postal ballot-paper ”, where appearing at the beginning of that paragraph, the words, figures and letter “ Subject to section 72 a of this Act ”, and repealing the words “ or which is enclosed in an envelope which has not entered thereon in the place provided a ballot number ” ; and (k) By, in the proviso to subsection ten thereof, repealing the words, letters and brackets “ paragraphs (a) and ( b ) ” and inserting, in lieu thereof, the words, letters and brackets “ paragraphs (a) or (c) ”. 497 31. The following section is inserted after section New a. 72 a seventy-two of the Principal Act:— inserted. “ [72 a .] Where, not later than the second day when preceding the day named in the writ for its return, any declaration, presiding officer, electoral registrar or returning officer &«.. not to’ declares in writing signed by him and verified by J^bdate statutory declaration (and in the case of a presiding officer or electoral registrar, delivered to the returning

498 Elections Acts Amendment Act. 8 E liz . II. No. 68, officer) that on and at the day and place specified in the declaration the person named therein claimed and was permitted to vote in the manner specified therein and that such person made, or signed, or made and signed in the presence of the declarant, any declaration, or document or other writing required by law in relation to such manner of voting, such declaration by such presiding officer, electoral registrar or returning officer shall be sufficient evidence that such person made, or signed, or made and signed such declaration, document or other writing in the presence of such declarant. A vote in respect of which such a declaration is duly made (and, if made by a presiding officer or electoral registrar, delivered to the returning officer) shall not be rejected by reason that the presiding officer, electoral registrar or returning officer who made such declaration did not attest or witness by his signature thereto the making, or signing, or making and signing of the declaration, document or other writing specified in the declaration, and accordingly, in every such case, the returning officer shall allow and count the vote unless he is required by law to reject it for some other reason.” oAfms. en7d4m. ents amen3d2e.d— Section seventy-four of the Principal Act is (a) By, in subsection one thereof— (i.) Repealing paragraphs (a) and (b) and inserting, in lieu of those repealed paragraphs, the following paragraph :— “ (a) Does not bear the initials of a presiding officer, electoral registrar or returning officer ; or ” ; and (ii.) Re-lettering paragraphs (c) and ( d) to be respectively paragraphs (b) and (c); and (b) By, in subsection two, repealing the brackets, letters and word “ (6) and (d) ” and inserting, in lieu thereof, the word, brackets and letter “ or (c) ”. Amendments 33. Section seventy-six of the Principal Act is of s. 76. amended— (a) By repealing the word “ fifty ” and inserting, in lieu of that repealed word, the word “ twenty ” ; and (b) By repealing the words “ the main ” and inserting, in lieu of that repealed word, the word “ any ”.

1959. Elections Acts Amendment Act. 499 34. Section one hundred and eleven of the Principal Amendment Act is amended by adding thereto the followingof*'m* paragraph:— “ Notwithstanding any provision of this Act requiring the rejection of any vote, the Tribunal may order that any vote rejected in compliance with this Act be counted if it is satisfied that the rejection of that vote was occasioned by the accidental or inadvertent mistake or omission of any presiding officer, electoral registrar or returning officer.”