Elections Acts Amendment Act of 1962 (Qld)

300 ([email protected] ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE •••••••••••••••••••••••••••••••••••••••••••••••••••• No. 38 of 1962 An Act to Amend "The Elections Acts, 1915 to 1959," in certain particulars [ASSENTED TO 21ST DECEMBER, 1962] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act may be cited as "The Elections Acts Amendment Act of 1962." (2) Principal Act. "The Elections Acts, 1915 to 1959," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as" The Elections Acts, 1915 to 1962." 2. Amendment of s. 4. Section four of the Principal Act is amended by inserting after the definition " Absent vote", the following definition:- " "Absolute majority of votes"-A number of votes greater than one-half of the number of all the electors who vote at an election, exclusive of electors whose ballot-papers are rejected; but the casting vote of the returning officer, when given, shall be included in reckoning an absolute majority of votes;".

Elections Acts Amendment Act of 1962, No. 38 3. Amendments of s. 35A. Section 35A of the Principal Act 1s amended by- (a) in subsection (3)- (i) inserting after subparagraph (a) of paragraph (i) the following subparagraph:- "(b) If the ballot-paper does not contain a printed list of the names of the candidates, write thereon in compliance with the requirements of paragraphs (e) and (/) of subsection (2) of section fifty-one of this Act a list of the names of all the candidates; and"; (ii) re-lettering subparagraph "(b)" of paragraph (i) to be subparagraph "(c)"; (b) in paragraph (d) of subsection (7)- (i) inserting after the word "count" the words "in the manner prescribed by this Act"; and (ii) omitting the words "of paragraphs (a) or (c) of subsection one" where appearing in the proviso. 4. Amendment of s. 41 (1). Subsection (1) of section forty-one of the Principal Act is amended by adding to the last paragraph the words "and the returning officer may, ifhe thinks fit, transmit the amount so paid to him to the Under Secretary, Department of Justice, for safe custody until it is so dealt with". 5. Repeal of and new s. 46. The Principal Act is amended by repealing section forty-six and inserting in its stead the following section:- "[46.] Withdrawal of consent to nomination. A candidate may withdraw his consent to his nomination at any time before the hour of noon on nomination day by delivering to the returning officer a notice of retirement in the prescribed form signed by him, and thereupon and thereby the nomination shall be cancelled, and the deposit lodged shall be returned to the candidate." 6. Amendments of s. 47. Section forty-seven of the Principal Act is amended- (a) by inserting after the words "If at any time after", where appearing in the first paragraph, the words "the hour of noon on"; and (b) by adding the following paragraph:- "Where moneys payable under this section have been deposited with the Under Secretary, Department of Justice, for safe custody, the Under Secretary may make the payment on behalf of the returning officer concerned." 7. Amendments of s. 48. Section forty-eight of the Principal Act is amended by- (a) in subsection (1)- (i) inserting before the word "votes", wherever that word appears, the words "first preference"; (ii) inserting after the words "returning officer", where secondly appearing, the words "or, if deposited by the returning officer with the Under Secretary, Department of Justice, for safe custody, by such Under Secretary"; 301

302 Elections Acts Amendment Act of 1962, No. 38 (b) omitting subsection (2) and inserting in its stead the following subsection:- "(2) After every election the returning officer or, if deposited by the returning officer with the Under Secretary, Department of Justice, such Under Secretary shall pay to the candidate who has been elected, and to every other candidate who has received a number of first preference votes equal at least to one fifth of the first preference votes received by the candidate who has been elected, the moneys paid as aforesaid by such candidate to the returning officer." 8. Amendments of s. 51. Section fifty-one of the Principal Act is amended by- (a) in subsection (2) omitting paragraph (g) and inserting in its stead the following paragraph:- "(g) In the case of ballot-papers other than ballot-papers specified in paragraph (e) of this subsection, contain in compliance with the requirements of paragraphs (e) and (f) of this subsection a printed or written list of the names of all the candidates but, except as provided by subsection (5) of this section, shall not have thereon the name of any other person;"; (b) in subsection (7)- (i) adding to paragraph (i) the following subparagraph:- "Additionally to the ballot-papers hereinbefore mentioned in this paragraph, tlie Under Secretary, Department of Justice, may direct the Government Printer to supply to a returning officer for a district ballot- papers not containing a printed list of all candidates' names, for use in casting votes under sections 35A, seventy, 70A or seventy-one of this Act."; (ii) inserting after the first subparagraph of paragraph (ii) the following proviso:- "Provided that the returning officer shall arrange to have the candidates' names printed on ballot-papers supplied to him under paragraph (i.) of this subsection for use in casting votes under sections 35A, seventy, 70A or seventy-one of this Act only when thereunto directed by the Under Secretary, Department of Justice." 9. Amendments of s. 61. Section sixty-one of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- "(1) The elector- (a) Having received a ballot-paper shall, in one of the compartments provided for the purpose, place the number "l" in the square opposite the name of the candidate for whom he votes as his first preference, and shall give contingent votes for all the remaining candidates by placing, as the case requires, the figures "2", "3", "4" (and so on, as the case requires) in the squares opposite their names respectively so as to indicate by numerical sequence the order of his preference for them; and (b) Shall then forthwith fold up the paper in such manner as will conceal his vote and deposit it in the ballot box in the presence of the presiding officer.";

Elections Acts Amendment Act of 1962, No. 38 303 (b) in subsection (2), omitting paragraph (b) of the second proviso and inserting in its stead the following paragraph:- "(b) Mark the ballot-paper as provided in subsection (1) of this section in the manner the elector says he desires to vote." 10. Repeal of and new s. 64. The Principal Act is amended by repealing section sixty-four and inserting in its stead the following section:- "[64.] When candidate elected. (1) (a) When a poll is taken the candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected. (b) Ifno candidate has received an absolute majority of first preference votes, the returning officer shall make a second count. (c) On the second count the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter's preference. (d) If any candidate then has an absolute majority of votes he shall be declared elected; but if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his ballot-papers to the continuing candidate next in the order of the voter's preference shall be repeated until one candidate has received an absolute majority of votes. (e) The candidate who has received an absolute majority of votes shall be declared elected. (2) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, that candidate amongst them who had the least number of votes at the last count at which they had not an equal number of votes, shall be excluded. If such candidates had an equal number of votes at all preceding counts or there was no preceding count, the returning officer shall determine between them by lot which of them shall be excluded. (3) In this section- (a) The expression "continuing candidate" means the candidate not already excluded at the count; and (b) The expression "determine by lot" means determine in accordance with the following direction:- The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate whose name is first drawn shall be excluded." 11. Repeal of and new s. 68. Section sixty-eight of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted:- "[68.] Ballot-paper not to be rejected for certain informalities. (1) Where the voter has indicated his first preference for one candidate and his contingent votes for all remaining candidates except one, and the square opposite the name of that one candidate has been left blank, it

304 Elections Acts Amendment Act of 1962, No. 38 shall be deemed that the voter's preference for that candidate is his last and that accordingly he has indicated the order of his preference for all candidates. (2) Where there are two candidates only and the voter has indicated his vote by placing the figure "I" in the square opposite the name of one candidate and has left the other square blank, the voter shall be deemed to have indicated the order of his preference for the candidates. (3) Subsection (1) of section sixty-one of this Act applies subject to this section." 12. Amendments of s. 69. Section sixty-nine of the Principal Act is amended by- (a) in subsection (5)- (i) inserting after subparagraph (i.) of paragraph (a) the following subparagraph:- "(ii.) If the ballot-paper does not contain a printed list of the names of the candidates, write thereon, in compliance with the requirements of paragraphs (e) and (D of subsection (2) of section fifty-one of this Act, a list of the names of all the candidates;"; (ii) renumbering subparagraph (ii) of paragraph (a) to be subparagraph (iii); (b) in paragraph (e) of subsection (8)- (i) inserting after the word " count " the words " in the manner prescribed by this Act "; (ii) omitting the words "of paragraphs (a) or (c) of subsection one", where appearing in the proviso. 13. Amendments of s. 70. Section seventy of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " after the issue of the writ and before six o'clock " and inserting in their stead the words " not earlier than seventy- two hours after the hour of noon on nomination day and not later than six o'clock"; (ii) omitting the words " any prescribed electoral registrar or returning officer " and inserting in their stead the words " the returning officer for the district for which he is enrolled or a prescribed electoral registrar"; (iii) adding the following paragraph:- " For the purposes of this section a prescribed electoral registrar shall be- (a) An electoral registrar for the district for which the elector in question is enrolled; or (b) An electoral registrar for a district within the zone prescribed by "The Electoral Districts Act of 1958," called thereby the Metropolitan Zone or within the zone prescribed by that Act called thereby the Provincial Cities Zone."

Elections Acts Amendment Act of 1962, No. 38 (b) in subsection (2)- (i) omitting the words "at any time after the issue of the writ and before six o'clock in the afternoon of the day next preceding polling day"; (ii) omitting the words "a prescribed electoral registrar or a returning officer", where appearing in paragraph (a), and inserting in their stead the words "the returning officer for the district for which he is enrolled or a prescribed electoral registrar"; (iii) inserting after paragraph (i) the following paragraph:- "(ii.) If the ballot-paper does not contain a printed list of the names of the candidates, write thereon in compliance with the requirements of paragraphs (e) and (f) of subsection (2) of section fifty-one of this Act a list of the names of all the candidates for the electoral district for which the elector claims to vote;"; (iv) re-numbering paragraph "(ii)" to be paragraph "(iii)"; (c) in subsection (3)- (i) omitting, where appearing in the first paragraph, the words and brackets "then (except in the case of a vote permitted under this section by a returning officer for his district)" and inserting in their stead the words "then, in the case of a vote pennitted under this section by an electoral registrar, the electoral registrar shall"; (ii) omitting, where appearing in the second paragraph the words and brackets "or returning officer (except a returning officer permitting a vote under this section for his district)"; (iii) omitting the last paragraph and inserting in its stead the following paragraph :- "A returning officer shall retain in his custody the envelope immediately containing a vote permitted by him under this section."; (d) in subsection (4) omitting, where appearing in the second paragraph, the words "Where an electoral registrar or returning officer" and inserting in their stead the words "Where an electoral registrar"; (e) in subsection (7)- (i) omitting, where appearing in the general words preceding paragraph (a), the words "or returning officer"; (ii) omitting, where appearing in the first subparagraph of paragraph (a), the words and brackets "(being, in the case of a returning officer, votes so permitted for a district other than the district of that returning officer)" ; (iii) omitting, where appearing in the second subparagraph of paragraph (a), the words "or returning officer"; (.f) in subsection (8) omitting, where appearing in subparagraph (ii) of paragraph (a), the words "or any other returning officer"; (g) in subsection (9)- (i) inserting after the words "and count", the words "in the manner prescribed by this Act"; (ii) omitting from the proviso the words "of paragraphs (a) or (c) of subsection one"; and (h) in subsection (10), inserting before the words "nomination day" the words "the hour of noon on". 305

306 Elections Acts Amendment Act of 1962, No. 38 14, Amendment of s. 70A. Section 70A of the Principal Act is amended by omitting the words "after the issue of the writ and before polling day" and inserting in their stead the words "not earlier than seventy-two hours after the hour of noon on the day of nomination and not later than six o'clock in the afternoon of the day next preceding polling day". 15, Amendments of s. 71. Section seventy-one of the Principal Act is amended by- (a) in subsection (1)- (i) omitting, where appearing in subparagraph (ii) of the first paragraph, the words "will be within the State of Queensland but"; and (ii) omitting, where appearing in the first paragraph, the words and brackets "to a returning officer or an electoral registrar (whether the returning officer or an electoral registrar for the district for which the vote is claimed or for any other district)" and inserting in their stead the words "to the returning officer for the electoral district for which the elector is enrolled"; (iii) omitting the last paragraph (being the paragraph commencing with the words "The application must be signed" and inserting in its stead the following paragraphs:- "The application must be signed by the applicant with his or her own hand in the presence of, and must be declared before and attested by a person who is an authorised witness for the purpose of this subsection. The following persons are authorised witnesses for the purposes of this subsection:- (a) any returning officer, electoral registrar, justice of the peace or elector, or a duly qualified medical practitioner or duly qualified nurse who is in attendance on the applicant; and (b) where the application is made outside Queensland- (i) any person whose name appears on a roll under and within the meaning of the CommonwealthElectoral Act1918-1961 as an elector for a State, for the Australian Capital Territory, or for the Northern Territory of Australia; (ii) any officer of the naval, military or air forces of the Common- wealth or of any State or territory which is a member of the British Commonwealth or of any British possession; (iii) a person employed in the Public Service of the Commonwealth, or of any State of the Commonwealth, or of any State or territory which is a member of the British Commonwealth, or of any British possession; and (iv) a justice of the peace for, or a minister of religion or medical practitioner resident in a State or territory of the Common- wealth, or in a State or territory which is a member of the British Commonwealth, or in a British possession,"; (b) in subsection (IA) omitting the words "or electoral registrar", where appearing in paragraph (b); (c) in subsection (2), omitting the words and brackets "or electoral registrar (whether the returning officer or electoral registrar for the district for which the vote is claimed or for any other district)";

Elections Acts Amendment Act of 1962, No. 38 (d) in subsection (3)- (i) omitting the words "or electoral registrar", where appearing in the first paragraph; (ii) inserting after the words "postal vote certificate shall", where appearing in the first paragraph, the words "as soon as possible after the hour of noon on nomination day"; (iii) Omitting subparagraph (b) of the first paragraph and inserting in its stead the following subparagraph:- "(b) An envelope addressed to such returning officer; and"; (iv) omitting the words "or electoral registrar", where appearing in the second paragraph; (v) adding to the second paragraph the words "and shall, if the ballot-paper does not contain a printed list of the names of the candidates write thereon, in compliance with the requirements of paragraphs (e) and (f) of subsection (2) of section fifty-one of this Act, a list of the names of all the candidates"; (e) omitting subsection (4) and inserting in its stead the following subsection:- "(4) Every returning officer shall keep a record in the prescribed form showing the prescribed particulars in respect of postal vote certificates issued by him, and shall initial separately such particulars in respect of every postal vote certificate issued by him. He shall endorse every application to the effect that a certificate has issued and sign the endorsement."; (/) in subsection (5)- (i) omitting, where appearing at the beginning of the subsection, the words and brackets "In the presence of any justice of the peace or elector of the same electoral district (not being a candidate or an agent paid by a candidate for services in connection with the election) or the duly qualified medical practitioner or qualified nurse who is in attendance on such voter and of no other person" and inserting in their stead the words "In the presence of a person who is an authorised witness for the purpose of this subsection and of no other person"; (ii) omitting paragraph (iv) and inserting in its stead the following paragraph:- "(iv.) The voter shall then in the presence but not in the sight of the person before whom he is voting, and not in the sight of any other person, vote in the manner prescribed by this Act"; (iii) omitting the words "the name of the candidate", where appearing in paragraph (v), and inserting in their stead the words "the manner in which he has voted"; (iv) adding the following paragraph :- "Save a candidate, or an agent paid by a candidate for services, at the election in question, a person who, with respect to an application for a postal vote made at the place where the voter is voting, 1s an authorised witness for the purpose of subsection (1) of this section, is also an authorised witness for the purpose of this subsection."; (g) omitting subsection (6) and inserting in its stead the following subsection:- "(6) The person before whom the voter votes shall not look at the markings made by the voter on the ballot-paper."; 307

308 Elections Acts Amendment Act of 1962, No. 38 (h) in subsection (7), omitting the words "learns for what candidate such voter has voted" and inserting in their stead the words "learns the manner in which the voter has marked his ballot-paper"; (i) in subsection (9), inserting after the words "returning officer", where appearing in paragraph (c), the words "within seven days immediately succeeding the close of the poll"; (j) in subsection (10)- (i) inserting after the word "count" the words "in the manner prescribed by this Act" ; and (ii) omitting the words "of paragraphs (a) or (c) of subsection one", where appearing in the proviso. 16. Repeal of s. 72. Section seventy-two of the Principal Act is repealed. 17. Amendments of s. 74. Section seventy-four of the Principal Act is amended by- (a) in subsection (1), omitting paragraph (b) and inserting in its stead the following paragraph:- "(b) Has no vote indicated on it, or does not indicate the voter's first preference for one candidate and his contingent votes for the remaining candidates, as prescribed by sections sixty- one and sixty-eight of this Act;"; (b) omitting subsections (lA) and (2) and inserting in their stead the following subsections:- "(2) In the case ofa ballot-paper containing a written list of the names of the candidates, the vote shall not be rejected because in the case of any candidate his surname only has been written thereon if no other candidate has the same surname, or by reason of any mistake in spelling where the name of the candidate is sufficiently indicated. (3) A ballot-paper shall not be informal for any reason other than a reason specified in subsection (1) of this section but shall be given effect to according to the voter's intention so far as his intention is clear."; and (c) re-numbering subsection (3) to be subsection (4). 18. Amendment of s. 79 (3). Subsection (3) of section seventy-nine of the Principal Act is amended by, in paragraph (b), inserting after the words "count the number of " the words "first preference". 19. Amendment of s. 80. Section eighty of the Principal Act is amended by inserting before the word "votes" where appearing in paragraphs (i) and (ii), the words "first preference". 20. Amendment of s. 81. Section eighty-one of the Principal Act is amended by inserting before the word "votes" where appearing in paragraphs (i) and (ii), the words "first preference".

Elections Acts Amendment Act of 1962, No. 38 21. Amendments of s. 82 (1). Subsection (1) of section eighty-two of the Principal Act is amended by- (a) omitting the words "the number of votes so transmitted by them" and inserting in their stead the words "the number of first preference votes counted by them respectively"; (b) in paragraph (i) inserting after the words "gross number of" the words "first preference"; and (c) in paragraph (ii) inserting after the words "count the numberof" the words "first preference"; (d) inserting after paragraph (ii) the following paragraph:- "(iii.) If no candidate has received an absolute majority of first preference votes, in the presence of his poll clerk (if any) and of all such candidates and scrutineers as may attend, make a second count and thereafter, if necessary, continue counting as prescribed by section sixty-four of this Act until one candidate has received an absolute majority of votes;"; (e) renumbering paragraph "(iii)" to be paragraph "(iv)" and amending that paragraph as so renumbered by omitting the words "After having counted the same" and inserting in their stead the words "After ascertaining the candidate who has been elected"; and (f) renumbering paragraph "(iv)" to be paragraph "(v)". 309 22. New s. 82A inserted. The Principal Act is amended by inserting after section eighty-two the following section:- "[82A.] When scrutiny may proceed. When the returning officer is satisfied that the votes- (a) On any ballot-papers issued at some remote polling place; or (b) On any ballot-papers used by State electoral registrars for the purpose of voting under sections seventy or 70A of this Act; or (c) On any ballot-papers used for casting votes under section seventy-one of this Act and which votes were delivered in accordance with paragraph (a) of subsection (9) of that section, cannot having regard to the number of those ballot-papers, possibly affect the result of the election, the returning officer may proceed with the count without awaiting the receipt of those ballot-papers." 23. Amendments of s. 83. Section eighty-three of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- "(1) The returning officer shall as soon as possible after the result of the election has been ascertained by him, publicly notify by a notice in the prescribed form published in the Gazette, the result of the election so ascertained and the name of the candidate who has been elected."

310 Elections Acts Amendment Act of 1962, No. 38 (b) in subsection (2)- (i) omitting the words "absent votes still to be received from distant places", where appearing in the first paragraph, and inserting in their stead the words "votes required to be counted under the provisions of this Act which he may receive thereafter"; (ii) omitting the words "all absent votes received thereafter", where appearing in the second paragraph, and inserting in their stead the words "all such votes as are required to be counted under the provisions of this Act as he receives thereafter" ; (c) omitting subsection (5) and inserting in its stead the following subsection:- "(5) Where there are two candidates only and they have an equal number of first preference votes or where in a final count between two candidates, they have an equal number of votes, the returning officer shall decide by his casting vote which shall be elected."