Electoral and Referendum Regulations 1918 (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1915.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated the twelfth day of March, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
P. McM. GLYNN,
Minister of State for Home and Territories.
ELECTORAL AND REFERENDUM REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Electoral—
Division 1.—Enrolment.
Division 2.—Enforcement of law in relation to enrolment.
Division 3.—Objections.
Division 4.—Miscellaneous.
Part III.—Electoral and Referendum—
Division 1.—Conduct of Elections and Referendums.
Division 2.—Voting by Post.
Division 3.—Facilities for voting as an Absent Voter.
Division 4.—Forms of Absent Voters’ Ballot-papers.
Division 5.—Records in connexion with Absent Votes.
Division 6.—Scrutiny of Absent Voters’ Ballot-papers.
Division 7.—Scrutiny of Postal Ballot-papers.
Division 8.—Votes of Persons whose names are not on Certified List of Voters or have been struck out of Certified List.
Division 9.—Scrutiny by Assistant Returning Officer.
Division 10.—Recount of Ballot-papers.
Division 11.—Miscellaneous.
Part IV.—Referendum.
Provided that any forms prescribed by Regulations hereby repealed in be validly used for a period of six months from the commencement of these Regulations.
“Referendum” means a referendum held under the provisions of the
Referendum (Constitution Alteration )Act for the time being in force;“The Act” means the
Commonwealth Electoral Act 1918 and any Act amending or incorporated with that Act, andany reference to a form shall be read as a reference to a form in the Schedule.
Division 1.—Enrolment.
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(2) The form of claim for
enrolment, or transfer of enrolment, or notification of change of address
within the same Subdivision, by a person who is or has been a Member of the
Forces within the meaning of the
(3) Any person applying for correction of the entry on the Roll of his name or particulars of enrolment may apply in accordance with Form 2 or 2a, as the case requires, or in such other form, signed by the applicant, as the Registrar approves.
(i) enter on the Subdivision Roll the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires; and
(ii) in the case of an enrolment or a transfer of enrolment, notify the claimant in accordance with Form 3 that he has been enrolled; and
(iii) in the case of a transfer of enrolment give notice of the transfer to the Registrar keeping the Subdivision Roll from which the elector’s name has been transferred.
(2) An interim acknowledgment of the receipt, after the issue of the Writ for an election or a referendum, and before the close of the polling at the election or referendum, of a claim for enrolment or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.
(2) The notification to the claimant of such reference may be in accordance with Form 5.
(2) The notification to the claimant of the rejection of an Electoral Claim may be in accordance with Form 6.
(
a ) return the Claim to him for completion or correction; or(
b ) furnish him with a fresh form of Claim for completion.
(2) Notice of the change shall be sent by post to each elector concerned and may be in accordance with Form 10.
Provided that when—
(
a ) a Subdivision is abolished and all electors whose names are on the Roll for that Subdivision are changed to another Subdivision Roll; or(
b ) by reason of the alteration of the boundaries of a Division any Subdivision is changed from one Division to another Division and all the names of electors which are on the Subdivision Roll for the first mentioned Division are changed to a Subdivision Roll for the last mentioned Division
public
notice of the change may be given in the
Division 2.—Enforcement of Law in Relation to Enrolment.
(2) Any penalty imposed, by the Commonwealth Electoral Officer in pursuance of this Regulation shall be a debt due to the Commonwealth, and, in default of payment within the time allowed, may be recovered in accordance with the provisions of Regulation 23 of these Regulations.
(2) Subject to these Regulations, all laws of the State relating to the enforcement of Orders of Courts of Summary Jurisdiction in force in the place where the Court in which the Order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty specified in the Order so filed, and to any process for such enforcement.
(3) On the application of a Divisional Returning Officer, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or other applicable process, for the purpose of the enforcement of the Order so filed.
(4) A warrant of execution or other applicable process may be in accordance with any form of warrant of execution or distress or other process applicable to the circumstances under any law in force in the State where the warrant is issued.
(5) Any form of warrant of execution, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, orother process, shall be held to be invalid by reason of want of form.
Provided that where the Divisional Returning Officer, with the concurrence of the Commonwealth Electoral Officer for the State, deems it advisable, the Registrar, for the Subdivision may institute proceedings in his own name, and in any such proceedings the authority of the Registrar shall not be questioned.
(2) If, in any case in which proceedings are instituted in a Court of Summary Jurisdiction, the Divisional Returning Officer has received from the person concerned a Statutory Declaration in pursuance of Regulation 18 he shall, as far as it is practicable and necessary for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, cause the declaration to be brought to the notice of the Court.
(3) The Court shall at the hearing of the case consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out had been given in evidence before it.
Division 3.—Objections.
(2) The notice of objection lodged by a Registrar in respect of a name on a Roll and the direction of the Divisional Returning Officer may be in accordance with Form 16.
(
a ) by attending before the Divisional Returning Officer at the place mentioned in the notice sent by the Divisional Returning Officer to him and making an oral statement to show that the objection is not good; or(
b ) by sending by post or delivering to the Divisional Returning Officer at his office a statement in writing to show that the objection is not good.
(2) Where an objector is a Registrar, notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 16, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.
Division 4. –Miscellaneous.
(2) Upon the complaint being lodged with him, the clerk of the court shall issue a summons to the Divisional Returning Officer to appear before the court at a time and place mentioned in the summons to answer the complaint and produce all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.
(3) The Divisional Returning Officer may, by himself or some person appointed to represent him, appear at the hearing and produce to the court all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires, but, if he does not desire to appear, he may send the papers to the clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and any such statement shall be considered by the court at the hearing.
(4) The Divisional Returning Officer, if present at the hearing, or the person representing him, shall be entitled to be heard.
Part III.—Electoral and Referendum.
Division 1.—Conduct of Elections and Referendums.
(2) An omission by a Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Substitute Presiding Officer, Poll Clerk, or Scrutineer to sign the undertaking required by this Regulation shall not be a ground for setting aside any election or referendum.
(2) Until polling places are declared by the Minister in pursuance of this Regulation, the polling places declared in pursuance of regulations repealed by these Regulations shall be deemed to be polling places declared for the purpose of this Regulation.
Division 2.—Voting by Post.
(2) The form may be printed on an envelope addressed to the Divisional Returning Officer for the Division for which the elector named in the certificate declares that he is enrolled.
(2) Before issuing any postal
ballot-paper the Divisional Returning Officer shall, if the particulars are not
already printed thereon, fill in (
(2) In a House of Representatives election, an elector, voting by post, shall mark his vote on his postal ballot-paper by placing thereon the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires), in the squares opposite their names, so as to indicate the order of his preference for them.
Division 3.—Facilities for Voting as an Absent Voter.
(i) in the presence of the Poll Clerk, or
(ii) if the elector so desires, in the presence of a person appointed by such elector, instead of the Poll Clerk,
shall take the following action:—
(
a ) fill, in the form of declaration with the required particulars relating to the enrolment of the elector, as requested by such elector;(
b ) read over to the elector the form of declaration;(
c ) require the elector to sign the form of declaration—(i) in his own handwriting if he is able to do so; or
(ii) with his mark as his personal signature if he is unable to sign his name in his own handwriting;
(
d ) cause the signature of the elector, if made by means of a mark, to be witnessed by a scrutineer present, or, if no scrutineer be present, by the Poll Clerk or the person appointed by the elector;(
e ) complete and attest the declaration;(
f ) mark and fold the ballot-paper or ballot-papers (as the case requires) for the elector;(
g ) enclose the ballot-paper or ballot-papers in the envelope bearing the absent voter’s declaration; and(
h ) securely fasten the envelope and deal with it in the manner directed in relation to other absent voters’ ballot-papers.
Division 4 —Forms of Absent Voters’ Ballot Papers.
Division 5.—Records in connexion with Absent Votes.
(
a ) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;(
b ) place in a separate parcel the envelopes addressed to each Divisional Returning Officer, indorse on each parcel the total number of envelopes contained therein, and add his signature and the date;(
c ) place each parcel in an outer cover, fully addressed to the Divisional Returning Officer for the Division for which the electors declare that they are enrolled, fasten and seal the cover, and forthwith transmit the package by registered post to the Divisional Returning Officer;(
d ) immediately advise, by telegraph or by such other expeditious means as may be directed, each Divisional Returning Officer concerned of the total number of envelopes, bearing absent voters’ declarations, so forwarded to him.
(
a ) a book, in which he shall record from time to time the number of envelopes bearing absent voters’ declarations received by him from each Assistant Returning Officer;(
b ) a locked and sealed ballot-box, marked “Absent Voters’ Ballot-box,” in which he shall forthwith place all envelopes hearing absent voters’ declarations received by him from Assistant Returning Officers.
Division 6.—Scrutiny of Absent Voters’ Ballot-papers.
(
a ) produce and open the absent voters’ ballot-box in which the envelopes containing the absent voters’ ballot-papers have been placed;(
b ) place in one parcel the unopened envelopes bearing the duly signed and attested declarations of those persons who he is satisfied are enrolled for his Division, accept for further scrutiny the ballot-papers contained therein, and place a mark opposite the name of each of such persons on a certified copy of the Roll to be used by him for the purposes of the scrutiny;(
c ) place in another parcel the unopened envelopes bearing the declarations of those persons who he is satisfied are not enrolled for his Division, or whose declarations are not duly signed and attested, fasten and seal the parcel, indorse thereon the words “absent voters’ ballot-papers rejected at the preliminary scrutiny,” and add the name of the Division, his signature, and the date:Provided that an absent voter’s ballot-paper shall not be rejected at the preliminary scrutiny by reason only of the fact that the Presiding Officer has omitted to attest the declaration of the elector if before the declaration of the poll the officer certifies that the omission was due to inadvertence, and that the declaration was, as a matter of fact, duly signed in such officer’s presence.
(
d ) place the envelopes containing the ballot-papers which he has decided to accept for further scrutiny before him on a table in such a manner that the face only of each envelope bearing the address of the Divisional Returning Officer shall be visible;(
e ) number each envelope consecutively from one upwards in the top right-hand corner until the whole of the envelopes have been dealt with, and initial each number;(
f ) without further examining the declaration of any voter, or permitting any other person to do so, withdraw from the envelope each ballot-paper contained therein, and, without inspecting or unfolding such ballot-paper, or allowing any other person to do so, place thereon a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, initial the number, and forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny;(
g ) place the envelopes in a parcel, indorsed with the words “Envelopes bearing absent voters’ declarations from which ballot-papers have been withdrawn for further scrutiny,” fasten and seal the parcel, add the name of the Division, his signature, and the date.
(2) It shall not be necessary for
the Divisional Returning Officer to await the receipt of the whole of the
envelopes containing absent voters’ ballot-papers for his Division before
proceeding with the further scrutiny of the ballot-papers which have been
placed in the ballot-box referred to in paragraph (
(
a ) in a Senate election, allow and count the ballot-papers which are formal and disallow and reject those which are informal; and(
b ) in a House of Representatives election—(i) reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those in which a first preference is indicated for the same candidate;
(ii) count the first preference votes given for each candidate on all unrejected ballot-papers; and
(
c ) in a referendum, allow and count the ballot-papers which are formal and disallow and reject those which are informal.
(
a ) if in a Senate election or a House of Representatives election, or in a referendum, it is not authenticated by the initials of the proper officer, or by the official mark as prescribed under the provisions of the Commonwealth Electoral Act or the Referendum (Constitution Alteration) Act (as the case requires) in force for the time being; or(
b ) if in a Senate election it has no vote marked on it, or has votes marked on it for a greater or lesser number of candidates than the number required to be elected; or(
c ) if in a House of Representatives election it has no vote marked on it, or it does not indicate the voter’s first preference for one candidate and, in the case of any election where there are more than two candidates, his contingent votes for all the remaining candidates:Provided that in a House of Representatives election at which there are not more than two candidates, the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of a ballot-paper marked so as to indicate the voter’s first preference only:
Provided further that for the purpose of the last preceding proviso a cross in the square opposite the name of one candidate shall be deemed to indicate the voter’s first preference for that candidate; or
(
d ) if in a referendum it has no vote marked on it, or has more than one vote marked on it; or(
e ) if in a Senate election or a House of Representatives election, or in a referendum, it has upon it any mark or writing (not lawfully authorized to be put upon it) by which in the opinion of the Divisional Returning Officer the voter can be identified; or(
f ) if in a Senate election or a House of Representatives election, or in a referendum, it is not contained in the envelope bearing the declaration of the elector:Provided that paragraph (
e ) of this sub-regulation shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of the law; but if any officer unlawfully places any mark or writing on any ballot-paper which would enable any person to identify the voter to whom it is issued, he shall be liable to a penalty not exceeding £10.
(2) In a Senate election an absent voter’s ballot-paper shall not be rejected as informal merely because the names of the whole of the candidates do not appear on the ballot-paper.
(3) In a Senate election or a House of Representatives election an absent voter’s ballot-paper shall not be rejected as informal merely because the surname only of any candidate has been written thereon, if no other candidate has the same surname, or by reason of any mistake in spelling where there is no doubt as to the identity of the candidate.
(4) An absent voter’s ballot-paper shall not be rejected merely because of a formal defect therein through the name of a wrong State or Division appearing thereon, or the omission of the name of the State or Division, if the name of the Division for which the elector is enrolled appears in the declaration of the elector.
(5) In a Senate election or a House of Representatives election or a referendum an absent voter’s ballot-paper shall not be informal for any reason other than the reasons specified in this Regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.
(
a ) all absent voters’ ballot-papers allowed or admitted as formal for each election;(
b ) all absent voters’ ballot-papers disallowed or rejected as informal for each election;(
c ) all absent voters’ ballot-papers allowed or admitted as formal or disallowed or rejected as informal in connexion with any referendum or referendums;
and shall fasten and seal each parcel, and indorse thereon particulars of the contents thereof, the name of the Division, and add his signature and the date.
(
a ) in the case of a House of Representatives election, where no candidate has received an absolute majority of first preference votes cast at the election and it is necessary to determine the election in the manner provided in Section 136 of the Act; or(
b ) for the purposes of an authorized recount; or(
c ) by direction of the Court of Disputed Returns.
(2) When sealed parcels of absent
voters’ ballot-papers are opened in pursuance of paragraph (
(
a ) of absent voters’ ballot-papers allowed or admitted at the scrutiny;(
b ) of absent voters’ ballot-papers disallowed or rejected at the scrutiny;(
c ) of envelopes bearing absent voters’ declarations and containing ballot-papers rejected at the preliminary Scrutiny, until the authority of the Chief Electoral Officer has been obtained for their destruction.
(
a ) by direction of the Court of Disputed Returns; or(
b ) by the Commonwealth Electoral Officer for the State, subject to such directions as he may receive from the Chief Electoral Officer, for the purpose of comparing the signature of any voter thereon with the signature purporting to be that of the same person on the Electoral Claim Card filed in his office, or for the purpose of instituting any authorized official inquiry.
Division 7.—Scrutiny of Postal Ballot-papers.
Provided that for the purpose of the scrutiny of postal ballot-papers any reference in these regulations, in relation to the scrutiny of absent voters’ ballot-papers, to the absent voters’ ballot-box shall be read as a reference to the postal ballot-box; any reference to a ballot-paper, or an absent voter’s ballot-paper, shall be read as a reference to a postal ballot-paper; and any reference to a declaration, or an absent voter’s declaration, shall be read as a reference to a postal vote certificate.
Division 8—Votes of Persons whose Names are not on Certified List of Voters or have been struck out of Certified List.
(2) The declaration may be printed on the back of an envelope addressed to the Divisional Returning Officer for the Division in respect of which the elector claims to vote, or may be attached by gum or other adhesive substance to such envelope.
(
a ) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;(
b ) place the envelopes in a parcel addressed to his Divisional Returning Officer, indorse on the parcel the total number of envelopes contained therein, and add his signature and the date;(
c ) place the parcel in an outer cover, fully addressed to his Divisional Returning Officer, fasten and seal the cover, and forthwith transmit the package by registered post to his Divisional Returning Officer;(
d ) immediately advise, by telegraph or by such other expeditious means as may be directed, his Divisional Returning Officer of the total number of such envelopes so forwarded to him.
Provided that for the purpose of the scrutiny of ballot-papers and envelopes bearing declarations used for the purposes of voting under section 121of the Act, any reference in these regulations to a ballot-paper, an absent voter’s ballot-paper, an absent voter’s declaration, or an absent voter’s ballot-box, shall be read as a reference to a ballot-paper, declaration, or ballot-box, as the case requires, used for the purposes of voting under section 121of the Act, or for the receipt and scrutiny of votes cast under that section.
Division 9.—Scrutiny by Assistant Returning Officer.
(2) If the total number of ballot-papers taken from a ballot-box is not less than one hundred, the votes may immediately be inspected and counted.
(3) If the total number of ballot-papers taken from a ballot-box is less than one hundred, they shall be placed in a locked and sealed ballot-box, called a reserve ballot-box, which has been previously exhibited to the scrutineers, and the counting of the votes on those ballot-papers shall be deferred.
(4) The ballot-papers in the reserve ballot-box may be taken out and counted when all the ballot-papers taken from any two or more ballot-boxes and placed in the reserve ballot-box exceed one hundred, but where no more ballot-boxes are to be received at the counting centre, the ballot-papers may be taken out and counted, notwithstanding that there are less than one hundred ballot-papers in the reserve ballot-box.
Division 10.—Recount of Ballot-papers.
(2) The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance and of an officer of the Commonwealth Public Service, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.
(3) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any indorsements on the parcel and every care shall be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.
(4) After a parcel has been opened and the votes therein counted, the ballot-papers shall be replaced in their original cover, which shall be resealed, refastened, and then placed in a new cover, which shall be sealed and fastened, and an indorsement shall be made thereon of the fact and date of the recount, and shall be signed by the Divisional Returning Officer and such persons authorized to be present at the recount as choose to add their signatures.
(5) When any ballot-papers are, at a recount, reserved for the decision of the Commonwealth Electoral Officer for the State, the Divisional Returning Officer shall, in the presence of the scrutineer or scrutineers in attendance, place the ballot-papers in a properly fastened and sealed parcel bearing his signature and the signature or signatures of the scrutineer or scrutineers, together with an indorsement setting forth the number of ballot-papers contained therein, the name of the Division, and the date; and shall place the parcel in a fastened and sealed outer cover fully addressed to the Commonwealth Electoral Officer for the State, and forthwith transmit the parcel to him by registered post.
(6) On receipt of the parcel, the Commonwealth Electoral Officer shall, in the presence of an officer of the Commonwealth Public Service, and, if any candidate so desires, in the presence of a person appointed by such candidate, open the parcel and scrutinize the ballot-papers and shall mark each ballot-paper “Admitted,” or “Rejected,” according to his decision to admit or reject such ballot-paper.
(7) When the Commonwealth Electoral Officer has given his decision on the ballot-papers, he shall restore them to their original cover, refasten and reseal the cover, and indorse thereon—
(
a ) the number of ballot-papers contained therein;(
b ) a statement that such ballot-papers have been the subject of decision by him;(
c ) his signature and the date;
and shall request the persons in whose presence he scrutinized the ballot-papers to add their signatures, and shall then place the parcel in a new cover, which he shall fasten, seal and forthwith return by registered post to the Divisional Returning Officer.
(8) The Commonwealth Electoral Officer shall advise the Divisional Returning Officer, in writing, as to the number of ballot-papers admitted or rejected by him, and the Commonwealth Electoral Officer’s decision shall be accepted by the Divisional Returning Officer in completing his recount of the ballot-papers.
(9) The receipt of every parcel of ballot-papers shall be acknowledged to writing by the Commonwealth Electoral Officer and the Divisional Returning Officer respectively.
Division—11.—Miscellaneous.
(2) The Divisional Returning Officer shall not mark, alter, or in any way deface, or permit any other person to mark, alter, or deface, any list or copy of a Roll so taken out, and shall be responsible for every such list or copy of a Roll being replaced in the same condition as when it was taken out.
(2) Every return filed in pursuance of Section 152 of the Act shall be open to public inspection during ordinary office hours, on payment of a fee of One shilling.
(2) Every return filed in pursuance of Section 153 of the Act shall be open to public inspection during ordinary office hours on payment of a fee of One shilling.
C.18902.—2
(
a ) the forms in these Regulations may be modified so far as is necessary to enable them to apply, as regards that Division, to the referendum only, and(
b ) any forms under these Regulations may, as regards that Division be deemed to refer to the referendum only.
(2) Where two or more proposed laws are submitted to the electors on the same day under the provisions of the Referendum (Constitution Alteration) Act in force for the time being, the ballot-papers relating to any two or more of those proposed laws, to be used by an elector voting otherwise than as an absent voter, may be included in one special form of ballot-paper, which may be in accordance with Form C in the Schedule (second occurring).
(2) Every return filed in pursuance of Section 35 of the Referendum (Constitution Alteration) Act shall be open to public inspection during ordinary office hours, on payment of a fee of One shilling.
(2) Every return filed in pursuance of Section 36 of the Referendum (Constitution Alteration) Act shall be open to public inspection during ordinary office hours, on payment of a fee of One shilling.
THE SCHEDULE.
Form 1 Regulation 6.
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Commonwealth of Australia.
Electoral Roll.
State of [
Division of [
Roll of Electors for the
Subdivision of [
No., Name in Full, Place of Living, Occupation, and Sex of each Elector.
[
Footnote—M signifies Male, F signifies Female.
Form 2. Regulation 8 (1).
[
Commonwealth of Australia.
The Commonwealth Electoral Act.
Electoral Claim.
To the Electoral Registrar for the Subdivision of—
Division of— State of—
1. I am an inhabitant of Australia and have lived therein for six months continuously.
2. I am a natural-born or naturalized subject of the King, am not under the age of 21 years, and am qualified to be enrolled as an elector.
3. I claim to have my name and particulars for enrolment, as set out on the back hereof, placed on the Electoral Roll for the Subdivision of in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.
4. My name is at present enrolled for the Subdivision of the Division of in respect of the following address in that Subdivision, namely:—
[If NOT already enrolled, strike out paragraph 4]
I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.
Personal Signature of Claimant—
Dated the day of 19
I, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named Claimant sign the above Claim, and that I either know the statements contained in the Claim to be true or have satisfied myself by inquiry of the Claimant or otherwise that the said statements are true.
(Penalty on witness for failure to fully comply with this requirement—£50.)
Personal Signature of Witness in own handwriting—
Occupation—
Place of living—
The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.
n.b.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.
Regulation
8 (1)—
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Particulars for Enrolment. |
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| Sex— | |
| Place of Birth—
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* To be filled in only in the case of a woman who has changed her name by marriage since her last enrolment.
Personal Signature of Claimant*—
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Form 2a. Regulation 8 (2).
[
Commonwealth of Australia.
The Commonwealth Electoral Act.
Electoral Claim.
To the Electoral Registrar for the Subdivision of—
Division of— State of—
1. I am an inhabitant of Australia and have lived therein for six months continuously.
2. I am a natural-born or
naturalized subject of the King, and am or have been a Member of the Forces*
within the meaning of the
3. I claim to have my name and particulars for enrolment, as set out on the back hereof, placed on the Electoral Roll for the Subdivision of in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.
4. My name is at present enrolled for the Subdivision of the Division of in respect of the following address in that Subdivision, namely:—
[If NOT already enrolled, strike out paragraph 4.]
I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.
Personal Signature of Claimant—
Dated the day of 19
I, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named Claimant sign the above Claim, and that I either know the statements contained in the Claim to be true or have satisfied myself by inquiry of the Claimant or otherwise that the said statements are true.
(Penalty on witness for failure to fully comply with this requirement—£50.)
Personal Signature of Witness in own handwriting—
Occupation—
Place of living—
The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.
N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision and a notification relating to qualifications and disqualifications for enrolment may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.
*For definition see back hereof.
Regulation 8 (2)—
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Particulars for Enrolment |
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Date and Year of Birth— | Place of Birth—
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Military or Naval Rank or Designation, and Unit in which claimant is serving, or, if discharged, in which he last served, and Regimental number, if any.
Personal Signature of Claimant—
|
A
Member of the Forces within the meaning of the
Form 3. Regulation 9 (1).
Commonwealth of Australia.
The
State of—
Electoral Division of— Subdivision of—
Acknowledgment and Intimation to Elector in Relation to Enrolment, Transfer of Enrolment, or Correction or Alteration of Enrolment.
To—
*Your name has been enrolled for the abovenamed Subdivision pursuant to your claim dated
*Your change of place of living within the abovenamed Subdivision as set out in your notification dated has been noted in the Roll.
*Your enrolment for the abovenamed Subdivision has been corrected pursuant to your notification dated
You are informed, for your future guidance, that if you change your place of living from the address in the Subdivision for which you are enrolled to another address in the same Subdivision and fail within 21 days after making such change to notify the Electoral Registrar for the Subdivision of your new address, in the prescribed form, or that if you change your place of living to any other Subdivision, and after you have lived in that Subdivision for a period of one month fail within the next ensuing 21 days to send or deliver to the Electoral Registrar for the Subdivision a claim for transfer of enrolment in the prescribed form, such failure will render you liable, under the provisions of the Commonwealth Electoral Act, to a penalty not exceeding £2 (Two pounds).
Electoral Registrar for the Subdivision of—
Address—
Dated the day of 19 .
Note.—An elector who is only temporarily absent from his place of living, although the period of such absence may exceed one month, is not thereby deemed to have changed his place of living for the purposes of transfer of enrolment, or change of address on the Roll.
* The Registrar will strike out whichever of these paragraphs are not applicable to the case.
Form 4. Regulation 10.
Commonwealth of Australia.
The
State of—
Notification of Transfer of Enrolment.
To the Electoral Registrar for the Subdivision of— Division of—
You are requested to remove from the Roll for the abovementioned Subdivision the name of each elector set out in Column 1 herein, on the ground that the elector has now been enrolled by me, in pursuance of a claim for transfer of enrolment, for the Subdivision specified in Column 2 opposite the elector’s name.
(1) Particulars appearing in claim for transfer received by me. | (2) Subdivision for which Elector has now been enrolled. | (3) Address of Elector in Subdivision Roll kept by you as set out in Paragraph 4 of claim for transfer received by me. | (4) (To be filled in by Registrar to whom notification addressed.) | |||||
Surname. | Christian Names (in full). | Occupation. | Sex. | Name removed (date). | Elector’s Number on Roll (if name in print) or Date of Enrolment (if name in manuscript). | Remarks | ||
Dated the day of 19 . |
| |||||||
Form 5. Regulation 11 (2).
Commonwealth of Australia.
State of—
Electoral Division of—
Notification to Claimant of Reference of Electoral Claim.
To—
As I am not satisfied that you are entitled to be enrolled in pursuance of your claim, dated the , I am referring the claim to the Divisional Returning Officer for his decision.
Upon receipt of the Divisional Returning Officer’s decision you will be duly notified in accordance therewith.
Electoral Registrar for the Subdivision of—
Address—
Dated the day of 19 .
Form 6. Regulation 12 (2).
Commonwealth of Australia.
The
State of—
Electoral Division of—
Notification to Claimant of Rejection of Electoral Claim.
To—
You are hereby notified that your
claim to be enrolled on the Electoral Roll for the Subdivision of the abovenamed Division has
been rejected by the Divisional Returning Officer on the ground that [
You are entitled, at any time within one calendar month after the receipt of this notification, to appeal to a court of summary jurisdiction for an order directing that your name may be added to the Roll.
Electoral Registrar for the Subdivision of—
Address—
Dated the day of 19 .
Form 7. Regulation 13.
Commonwealth of Australia.
The
State of—
Electoral Division of—
Notification to Claimant of Formal Defect in Electoral Claim.
To—
Your claim to be enrolled on the
Electoral Roll for the Subdivision
of the abovenamed Division is defective by reason of [
*The Claim is forwarded herewith for completion or correction, and return to me without delay.
*Please complete the accompanying fresh form of Claim and return it to me without delay.
Electoral Registrar for the Subdivision of—
Address—
Dated the day of 19 .
* The Registrar will strike out whichever of these paragraphs is not applicable to the case.
Form 8. Regulation 14.
Commonwealth of Australia.
The
State of
Certificate authorizing Removal of Names of Electors From Roll.
To the Divisional Returning Officer for the Division of
I certify that each elector named in Column (1) has ceased to be qualified for enrolment on the Roll for the Subdivision specified in Column (2) opposite his name, and has secured enrolment for the Subdivision specified in Column (3) opposite his name.
(1) Surname, Christian Names, Place of Living, Occupation and Sex. | (2) Subdivision for which Elector has ceased to be entitled to be enrolled. | (3) Subdivision and Division for which Elector has now been enrolled. | (4) (To be filled in by Registrar.) | ||||
Name removed (date). | Form 9 issued (date). | Elector’s Number on Roll (if name in print) or Date of Enrolment (if name in manuscript). | Remarks. | ||||
Subdivision. | Division. | ||||||
Date / / 19 . |
| ||||||
To the Electoral Registrar for the Subdivision or Subdivisions specified in Column (2) above.
You are directed to remove the name of each of the abovenamed electors from the Roll on which it appears, as specified in Column (2) and to forthwith notify the elector in Form 9. You will specify in Column (4) the action taken by you, and return this form to me for transmission to the Commonwealth Electoral Officer.
Divisional Returning Officer.
Date / /19 .
Form 9. Regulation 15.
Commonwealth of Australia.
The
State of
Notification of Removal of Name from Roll under the Provisions
of Section
47 (1) (
To
[
The full Christian names and surname to be inserted].Occupation—
Address—
[
Your name has been removed from the Electoral Roll for the Subdivision of the Division of on the ground that you have changed your place of living and have secured enrolment for the Subdivision of the Division of
If you desire to make any representations in regard to this matter, your communication may be written in the space provided for the purpose at the foot of this form, and should be sent to the Commonwealth Electoral Officer for the State of
|
Reply (if any).
Personal Signature of Elector
Present place of living
Witness to Signature
(Being an elector or person qualified to be an elector).
Occupation
Place of living
Dated the day of 19 .
Form 10. Regulation 16.
Commonwealth of Australia.
The
Notification of Change of Enrolment consequent upon Alteration of Subdivision
Boundaries.
To—
You are hereby informed that your name has in accordance with the provisions of Section 28 of the Act been removed from the Roll for the
Subdivision of the Electoral Division of and has been placed on the Roll for the Subdivision of the Electoral Division of
Electoral Registrar for the Subdivision of—
Address—
Dated the day of 19 .
C.18902.—3.
Form 11. Regulation 17.
[Form to be used by the Electoral Registrar when notifying the Divisional Returning Officer of the names of persons who have failed to comply with the requirements of the Commonwealth Electoral Act in relation to compulsory enrolment.]
Commonwealth of Australia.
The
State of—
To the Divisional Returning Officer for the Electoral Division of—
Electoral Registrar for the Subdivision of—
Dated the day of 19 .
List of Persons entitled to Enrolment for the Subdivision who after the lapse of Twenty-one Days
have failed to comply with the requirements of the Law in relation to Compulsory Enrolment.
Surname. | Christian Names in full. | Place of Living. | Occupation. | Sex. | Remarks. |
Form 12. Regulation 18.
Commonwealth of Australia.
The
State of Electoral Division of
Notification to a Person alleged to have failed to comply with the Requirements of Section 42 [
here insert number of sub-section ] of the Commonwealth Electoral Act 1918.
To
You are hereby notified that from
information laid before me, it would appear that on the day of 19, at in
the said State [
A contravention of the section mentioned is punishable under the Commonwealth Electoral Act by a penalty not exceeding ten shillings for a first offence and not exceeding two pounds for any subsequent offence.
Form
12—
You have the option of having the alleged contravention dealt with by the Commonwealth Electoral Officer for the State (thus avoiding costs of Court) or by a Court of Summary Jurisdiction.
If you desire to have the matter dealt with by the Commonwealth Electoral Officer, you must fill in and sign, in the presence of a Police, Stipendiary, or Special Magistrate, or a Justice of the Peace, or a Commissioner for taking Declarations or Affidavits, the form of consent at the foot of the Statutory Declaration attached, and send it or deliver it to me so as to reach me not later than the day of 19 .
If you desire to answer the allegation you may send or deliver to me, so as to reach me not later than the day of 19 , a statutory declaration in the attached form setting out any facts relevant to the matter.
If it be decided to proceed with the case and you have forwarded within the specified time your consent to the matter being dealt with by the Commonwealth Electoral Officer, your declaration will be considered by him. If you have not consented within the specified time to the matter being dealt with by the Commonwealth Electoral Officer your declaration will be forwarded to the Court by which your case is to be dealt with.
Dated the day of 19 .
|
Form 13. Regulation 19.
Commonwealth of Australia.
State of Electoral Division of
Consent of Person alleged to have failed to comply with the Requirements of Section 42 [
here insert number of sub-section] of the Act to the matter being dealt with by the Commonwealth Electoral Officer for the State.
To the Divisional Returning Officer for the Division of
I, of having
received from you a notification alleging that I have contravened the
provisions of Section 42 [
(Personal Signature)
(Address)
(Date) / /
Witness—
This form must be signed in the presence of, and attested by, a Police, Stipendiary or Special Magistrate or a Justice of the Peace, or a Commissioner for taking Declarations or Affidavits.
Form 14. Regulation 22.
Commonwealth of Australia.
The
State of Electoral Division of
Notification of Penalty imposed by Commonwealth Electoral Offices for contravention of Section 42 [
here insert number of sub-section] of Commonwealth Electoral Act 1918.
To
You are informed that pursuant to
your notification of consent dated the day
of 19 ,
the Commonwealth Electoral Officer for the State has dealt with the matter of
your contravention of Section 42 [
You are hereby required to pay the amount to me not later than the day of 19 .
The amount may be paid at my office in cash or may be remitted to me by Postal Note or Money Order, made payable to the Divisional Returning Officer for the Division of . Upon payment of the penalty an official receipt will be handed to you or forthwith sent to you by post.
Unless you comply with the requirements of this notification within the time allowed herein, steps will be taken to recover the penalty in a court of summary jurisdiction.
Divisional Returning Officer
for the Division of
(Address)
(Date)
Form 15. Regulation 26 (1).
[Form to be used by an Elector for the same Electoral Subdivision or by an Officer (not being a Registrar) when lodging an objection.]
Commonwealth of Australia.
The
State of—
Electoral Division of—
Notice of Objection.
To the Divisional Returning Officer for the Electoral Division of—
I object to the name of
No. on Roll. | Surname. | Christian Names at full length. | Place of living as appearing on Roll. | Occupation. | Place of Abode for time being, if known to the objector. |
being
retained on the Electoral Roll for the Subdivision of the Division of ,
on the ground that [
(Signature)—
(Occupation)—
(Address)—
Dated the day of 19 .
Form 16 Regulation 26 (2).
[Form to be used by a Registrar when lodging objections to the retention of names on the Subdivision Roll kept by him.]
That to the best of my knowledge and belief my name has been struck out of, or omitted from, the Certified List of Voters for this polling place owing to an error of an officer or a mistake of fact, and not as the result of an objection on the ground of non-residence or other disqualification, or in consequence of the transfer or duplication of my enrolment.
Note.—“Election” in this Declaration means a Senate Election, or a House of Representatives Election, or any Referendum (held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being), or all of them, as the case requires.
Personal Signature of Voter—
Signed before me the day of 19 at polling place.
Presiding Officer.
Note.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.
Form 32. Regulation 79.
Commonwealth of Australia.
The
State of—
Return of Money Expended or Expense Incurred in connexion with an Election (to be furnished in accordance with Section 152 of the Act).
Moneys to the following amounts have been expended, and expenses to the following amounts have been incurred by (1)
in connexion with the election held on the day of 19 for (2)
and such amounts were expended or such expense was incurred on behalf of or in the interests of (3)
Amounts Paid. | Expenditure Incurred but not yet Paid. | |||||
£ | £ | |||||
Money expended or expense
incurred in preparing ( | ||||||
Total.................... | ||||||
Money expended or expense incurred in connexion with the insertion of articles or other matter in newspapers (5) | ||||||
Total.................... | ||||||
Form
32—
Amounts Paid. | Expenditure Incurred but not yet Paid. | |||||
£ | £ | |||||
Money expended or expense incurred for the insertion in newspapers of reports of addresses or speeches (6) | ||||||
Total.................... | ||||||
Money expended or expense incurred in connexion with the insertion of advertisements or notices in newspapers (7) | ||||||
Total.................... | ||||||
| ||||||
Money expended or expense incurred in printing ( | ||||||
Total.................... | ||||||
| ||||||
Money expended or expense incurred in publishing,
issuing, and distributing ( | ||||||
Total.................... | ||||||
Form
32—
Amounts Paid. | Expenditure Incurred but not yet Paid. | |||||
£ | £ | |||||
Money expended on expense incurred but not accounted for under any other head provided in this return (9) | ||||||
Total.................... | ||||||
Summary of Money Expended or Expense Incurred, as shown in the Foregoing Return.
Amounts Paid. | Expenditure Incurred but not yet Paid. | ||||||
Head | I................................................................... | £ | £ | ||||
„ | II.................................................................. | ||||||
„ | III................................................................. | ||||||
„ | IV................................................................ | ||||||
„ | V.................................................................. | ||||||
„ | VI................................................................ | ||||||
„ | VII............................................................... | ||||||
Totals..................... | |||||||
(10)
do solemnly and sincerely declare that this return is true in every particular.
Declared and subscribed before me at the day of 19
Justice of the Peace.
Form 33. Regulation 80.
Commonwealth of Australia.
The
State of—
Notice under Commonwealth Electoral Act 1918, Section 152 (8).
To—
Take notice that I, the
Chief Electoral Officer for the Commonwealth, hereby require you, within from
the date of this notice, to make a return, in accordance with Section 152 of
the above-named Act, of any money expended or expense incurred by [
(
a ) on behalf of, or in the interests of, any candidate; or(
b ) on behalf of, or in the interests of, any political party; or(
c ) in printing, publishing, or issuing electoral advertisements or notices, or procuring the insertion in any newspaper of any advertisement, article, or report, or matter intended or calculated to affect the result of the said election (or elections).
Dated this day of 19 .
Chief Electoral Officer.
Form 34. Regulation 81.
Commonwealth of Australia.
The
State of—
Return by Proprietor or Publisher of a Newspaper of Electoral Matter Published therein in respect of which Payment has been or is to be made.
Title of newspaper—
Place where published—
Name of proprietor—
The amount of electoral matter in connexion with the election held on the day of 19 for—*
inserted
in the above paper in respect of which payment has been or is to be made, the
space occupied by such matter, the amount paid or owing in respect of such
matter, and the names and addresses of the trades unions (registered or
unregistered), organizations, associations, leagues, bodies of persons, or
persons authorizing the insertion thereof are as follows:—[
Date. | Particulars of Electoral Matter. | Amounts paid or owing for insertion. | |||
1918. | £ | ||||
Dec. 2 |
| 5 | 5 | 0 | |
„ | 3 |
| 1 | 1 | 0 |
„ | 4 |
| 7 | 7 | 0 |
„ | 5 |
| 2 | 2 | 0 |
do solemnly and sincerely declare that this return is true in every particular.
Declared and subscribed before me this day of 19
Justice of the Peace.
Regulation 87 (1).
ballot-paper.
Commonwealth of Australia,
The
State of
The Voter should indicate his Vote as follows:—
If he approves of the proposed law he shouldmake a cross in the square opposite the word“Yes” ;
If he does not approve of the proposed law he shouldmake a Cross in the square opposite the word“No” .
Regulation 87 (2).
special form of ballot-paper.
Commonwealth of Australia.
The
State of [
The Voter should indicate his Vote
If he approves of the proposed law he shouldmake a cross in the square opposite the word“Yes”;
If he does not approve of the proposed law he shouldmake a Cross in the square opposite the word“No”.
(Additional ballot-papers (numbered consecutively) in similar form may be included in this form.)
Form 33. Regulation 88.
Commonwealth of Australia.
The
State of—
Return of Money Expended or Expense Incurred in connexion with a Referendum or Referendums (to be furnished in accordance with Section 35 of the Referendum (Constitution Alteration) Act).
Moneys to the following amounts have been expended and expenses to the following amounts have been incurred by (1) within three months before the date of taking the vote at the Referendum (or Referendums) held on the day of 19 , for the submission of a proposed law (or proposed laws) entitled (2)
in connexion with the Referendum or Referendums, and such amounts were expended or such expense was incurred (3)
the proposed law submitted to the electors at the Referendum or Referendums.
Amounts Paid. | Expenditure Incurred but not yet Paid. | ||||
Money expended
or expense incurred in preparing ( | £ | £ | |||
Total...................................... | |||||
Money expended or expense incurred in connexion with the insertion of articles or other matter in newspapers (5) | |||||
Total...................................... | |||||
Form
35—
Amounts Paid. | Expenditure Incurred but not yet Paid. | |||||
£ | £ | |||||
Money expended or expense incurred for the insertion in newspapers of reports of addresses or speeches (6) | ||||||
Total...................................... | ||||||
Money expended or expense incurred in connexion with the insertion of advertisements or notices in newspapers (7) | ||||||
Total...................................... | ||||||
| ||||||
Money
expended or expense incurred in printing ( | ||||||
Total...................................... | ||||||
| ||||||
Money
expended or expense incurred in publishing, issuing, and distributing ( | ||||||
Total...................................... | ||||||
Form
35—
Amounts Paid. | Expenditure Incurred but not yet Paid. | ||||
£ | £ | ||||
Money expended or expense incurred but not accounted for under any other head provided in this return (9) | |||||
Total........................... | |||||
Summary of Money Expended or Expense Incurred, as shown in the Foregoing Return.
Amounts Paid. | Expenditure Incurred but not yet Paid. | ||||
£ | £ | ||||
Head | I..................................................................... | ||||
„ | II.................................................................... | ||||
„ | III................................................................... | ||||
„ | IV................................................................... | ||||
„ | V.................................................................... | ||||
„ | VI................................................................... | ||||
„ | VII................................................................. | ||||
Totals.......................... | |||||
(10)
do solemnly and sincerely declare that this return is true in every particular.
Declared and subscribed before me at the day of 19
Justice of the Peace.
Form 36. Regulation 89.
Commonwealth of Australia.
The
State of—
Notice under Referendum (Constitution Alteration) Act Section 35 (9).
To—
Take notice that I, the
Chief Electoral Officer for the Commonwealth, hereby require you, within from
the date of this notice, to make a return, in accordance with Section 35 of the
above named Act, of any money expended or expenses incurred, within three
months before the date of taking the vote at the undermentioned referendum (
(
a ) in support of the proposed law (or laws) submitted to the electors at the said referendum (or referendums); or(
b ) in opposition to the proposed law (or laws) submitted to the electors at the said referendum (or referendums); or(
c ) in printing, publishing, or issuing advertisements or notices, or procuring the insertion in any newspaper of any advertisement, article, or report, or matter intended or calculated to affect the result of the said referendum (or referendums).
Dated this day of 19 .
Chief Electoral Officer.
Form 37. Regulation 90.
Commonwealth of Australia.
The
State of—
Return by Proprietor or Publisher of a Newspaper of Matter relating to a Referendum, Published therein within three months before the date of taking the vote at the Referendum in respect of which Payment has been or is to be made.
Title of newspaper—
Place where published—
Name of proprietor—
The amount of matter in connexion with the Referendum (or Referendums) held on the day of 19 for the submission to the electors of a proposed law (or proposed laws) entitled—(1)
inserted in the above paper within three months before the date of taking the vote at the said Referendum (or Referendums) in respect of which payment has been or is to be made, the space occupied by such matter, the amount paid or owing in respect of such matter, and the names and addresses of the trades unions (registered or unregistered), organizations, associations, leagues, bodies of persons, or persons authorizing the insertion thereof are
Form
37—
as
follows:—[
Date. | Particulars. | Amounts paid or owing for insertion. | ||
£ | ||||
I,—(2)
do solemnly and sincerely declare that this return is true in every particular.
Declared and subscribed before me this day of 19
Justice of the Peace.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
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