Electoral and Referendum Regulations 1919 (Amendment) (Cth)

STATUTORY RULES.

1926. No. 117.

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1925 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1926.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Electoral Act 1918-1925 and the Referendum (Constitution Alteration) Act 1906-1926, to come into operation forthwith.

Dated the thirty-first day of August, 1926.

SOMERS,

Deputy of the Governor-General.

By His Excellency’s Command,

W. C. HILL,

for Minister of State for Home and Territories.

Amendment of the Electoral and Referendum Regulations.

The Schedule to the Electoral and Referendum Regulations is amended by omitting Forms 31b to 31i inclusive and inserting in their stead the following forms:—

Form 31b.

Commonwealth of Australia.

State of………….................

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

Division of .............. Subdivision of............

List of the Names and Descriptions of the Electors Enrolled for the above-named Subdivision of the above-named Division who did not Vote at the Election (or Referendum, as the case may be)held on Saturday, the................day of................, 19

I,.................., of.................., Divisional Returning Officer for the Commonwealth Electoral Division of.................., do solemnly and sincerely declare that the names on the within print of the roll for the above-mentioned Subdivision against which a mark indicating the electors who voted at the election (or referendum, as the case may be)has not been placed constitute the list of the names and descriptions of the electors enrolled for the said

C.12224.—Price 3d.

Subdivision who did not vote at the election (or referendum, as the case may be), held on Saturday, the................, and that the said list was prepared by me pursuant to sub-section (2.) of section 128a of the Commonwealth Electoral Act 1918-1925 (add, in the case of a referendum, asapplied by the Referendum (Constitution Alteration) Act 1906-1926).

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1922, conscientiously believing the statements contained therein to be true in every particular.

Declared at......................the....................day of......................, 19

 .

……………………………,

Divisional Returning Officer for the Division of..................

Before me—

……………………………., J.P.

Form 31c.

[Front of Form.]

Commonwealth of Australia.

The Commonwealth Electoral Act. (Section 128a (4.) ).

The Referendum (Constitution Alteration) Act.

State of………...................

Division of............................ Subdivision of………...........

No. on roll........................

Notification to Elector who Appears to have Failed to Vote.

To the elector whose name and address appear on the back hereof.

You are notified that you appear to have failed to vote at the election (or referendum, as the case may be)held under the Commonwealth Electoral Act (or Referendum (Constitution Alteration) Act, as the case may be)on Saturday, the................, and you are hereby called upon, in pursuance of section 128a of the Commonwealth Electoral Act (add, in the case of a referendum, as applied by the Referendum (Constitution Alteration) Act 1906-1926), to give a valid, truthful, and sufficient reason why you failed so to vote.

You are required to—

(a) state, in the form at the foot of this notice, the true reason why you failed so to vote.

(b) complete and personally sign the form, and have it witnessed by an elector or a person qualified to be an elector.

(c) fold the form so that the address, “Commonwealth Divisional Returning Officer for the Division of............,” shall be visible, and post it so as to reach me on or before the*.............

……………………………..,

Divisional Returning Officer for the above-named Division.

Address............................

Date.................., 19 .

Note.—If the elector to whom this notice is addressed is unable, by reason of absence from his place of living or physical incapacity, to fill up, sign, and post the form at the foot hereof within the time specified in the form, any other elector who has personal knowledge of the facts may fill up, sign, and post the form, duly witnessed, within that time, and the filling up, signing, and posting of the form will be treated as compliance by the first-mentioned elector with the requirements of this notice.

* Not being less than twenty-one days after the posting of this notice.

Form 31d.

Form of Declaration to be Completed and Returned to the Divisional Returning Officer.

I,..........................do hereby declare that the following is the true reason why I*............................failed to vote at the election (or referendum, as the case may be)held under the Commonwealth Electoral Act (or Referendum (Constitution Alteration) Act, as the case may be), on Saturday, the..........................day of.....................19..........

 ……………………………………….

Personal Signature of Elector........................................

I, the undersigned, being an elector or a person qualified to be an elector of the Commonwealth, certify that I have seen the above-named elector sign the above declaration.

Signature of witness (in own handwriting)..........................

Occupation.....................................

Address................................................

Date............................,19......

*Where this form is filled up on behalf of an absent or physically incapacitated elector, the word “I” must be struck out, and the name of such elector inserted.

 Here set out the precise and true reason for having failed to vote.

 

[Back of Form.]

From—The Divisional Returning Officer for the Division of ……………………………

Commonwealth Electoral Papers Only.   Post Free.

M………………………………………………….

……………………………………………………..

…………………………………………………….

Every elector who—

(a) fails to vote at an election (or referendum, as the case may be) without a valid and sufficient reason for such failure; or

(b) on receipt of a notice in accordance with sub-section (4.) of section 128a of the Commonwealth Electoral Act (add, in the case of a referendum, as applied by the Referendum (Constitution Alteration) Act 1906-1926, fails to fill up, sign, and post, within the time specified in the notice, the form (duly witnessed) attached thereto; or

(c)states in such form a false reason for not having voted or, in the case of an elector filling up or purporting to fill up a form on behalf of any other elector, states in such form a false reason why that other elector did not vote,

is guilty of an offence and liable to a penalty not exceeding Two Pounds.

 

Commonwealth Electoral Papers only. Post Free.

The Commonwealth Divisional Returning Officer

for the Division of………………………………..

……………………………………………………

……………………………………………………

Form 31e.

[Front of Form.]

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

State of..................

Division of ................... Subdivision of……….............

No. on roll......................

Notification to Elector Whose Reason for Failing to Vote is held not to be Valid and Sufficient.

To the elector whose name and address appear on the back hereof.

You are hereby notified—

(1) that the reason given by you in your declaration dated the.......... 19.., is not, in my opinion, a valid and sufficient reason for your failure to vote at the election (or referendum, as the case may be) held under the provisions of the Commonwealth Electoral Act (or Referendum (Constitution Alteration) Act, as the case may be), on Saturday, the.........................;

and,

(2) that you have the option of having the matter 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 witness, the form of consent at the foot hereof and send or deliver it to me, so as to reach me not later than the........................., together with the sum of...............* to be appropriated in payment or part payment of the penalty, if any, which the Commonwealth Electoral Officer may impose upon you.

In the event of the form and deposit not reaching me on or before the date set out in the preceding paragraph, it will be taken that you desire to have the matter dealt with by a Court of Summary Jurisdiction.

…………………………..,

Divisional Returning Officer for the above-named Division.

Address............................................

Date................................., 19........

*This amount may be paid to the Divisional Returning Officer in cash, or be remitted to him by postal note or money order made payable to “The Divisional Returning Officer for the Division of..............”

 

Form 31f.

Form of Consent to be Used by an Elector Who Desires to have His Case dealt with by the Commonwealth Electoral Officer for the State.

To the Divisional Returning Officer for the above-named Division.

I,.............., of.............................., enrolled as an elector on the roll for the above-named Subdivision and Division, having failed to vote at the election (or referendum, as the case may be)held under the provisions of the Commonwealth Electoral Act (or Referendum (Constitution Alteration) Act, as the case may be), on Saturday, the......................day of........................... 19........, and having been notified by you that the reason given by me for such failure to vote is not, in your opinion, a valid and sufficient reason for such failure; do hereby notify you that I consent to have the matter dealt with by the Commonwealth Electoral Officer for the State, and to abide by his decision.

I enclose herewith the sum of............., and I agree that the said sum may be appropriated in payment or part payment of any penalty (not exceeding Two pounds, without costs) which the Commonwealth Electoral Officer may impose upon me.

Personal Signature of Elector.......................................

I, the undersigned, being an elector, or a person qualified to be an elector, of the Commonwealth, certify that I have seen the above-named elector sign the above form.

Signature of witness (in own handwriting)..................

Occupation....................................

Address.......................................

Date..................... 19…

[Back of Form.]

From—The Divisional Returning Officer for the Division of…………………….

Commonwealth Electoral Papers only.  Post Free.

M...................................................

……………………………………

……………………………………

Form 31g.

[Front of Form.]

Commonwealth of Australia.

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

State of.....................

Division of ........................... Subdivision of........................

No. on roll............

Notification of Penalty for Failure to Vote.

To the elector whose name appears on the back hereof.

You are notified that, pursuant to your notification of consent dated the ............day of.............., the Commonwealth Electoral Officer for the State has dealt with the matter of your contravention of paragraph (a) of subsection (12) of section 128aof the Commonwealth Electoral Act (add, in the case of a referendum as applied by the Referendum (Constitution Alteration)

Act 1906-1926), and that he has imposed upon you a penalty of................

The deposit made by you has been appropriated in payment (or part payment —as the case may be) of the said penalty.

…………………………….,

Divisional Returning Officer for the Division of..........

Address............................

Date.................., 19 .

 

[Back ofForm.]

From—The Divisional Returning Officer for the Division of..............................

Commonwealth Electoral Papers only.  Post Free.

M........................................................

………………………………………

………………………………………

 

Form 31h.

Commonwealth of Australia.

State of.................

The Commonwealth Electoral Act.

The Referendum (Constitution Alteration) Act.

In the Court of Petty Sessions

at..................

Between................................Informant or Complainant.

And......................................Defendant.

Statutory Declaration.

I,...................................., of...................................., Divisional Returning Officer for the Commonwealth Electoral Division of................do solemnly and sincerely declare:—

(a) Informant or complainant,

(1) That I am the Divisional Returning Officer for the Commonwealth Electoral Division of............, and am the (a)..........herein, and that I am duly authorized in writing by the Chief Electoral Officer to institute these proceedings.

(2) That the defendant on the............day of............, 19…, was enrolled as an elector on the Commonwealth electoral roll for the.............. Subdivision of the Division of.................

(3) That the paper writing on the back of this declaration contains a true extract from the list prepared and endorsed by me under the provisions of the Commonwealth Electoral Act 1918-1925 (add, in the case of a referendum, as applied by the Referendum (Constitution Alteration) Act 1906-1926) and of the Regulations made thereunder.

And I make this declaration by virtue of the Statutory Declarations Act 1911-1922, conscientiously believing the statements therein to be true in every particular.

Declared at..............the............day of............, 19

Before me................................................

Note.—Any person who wilfully makes a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to imprisonment with or without hard labour, for four years.

A Statutory Declaration may be made before—

(i) A Police Stipendiary or Special Magistrate, or a Justice of the Peace; or

(ii) A Commissioner for Affidavits; or

(iii) A Commissioner for Declarations.

  

COMMONWEALTH OF AUSTRALIA.  Form 31 i.

State of……………………………………

The Commonwealth Electoral Act.The Referendum (Constitution Alteration) Act.

Division of................  Subdivision of....................

Extract from LIST OF THE NAMES AND DESCRIPTIONS OF THE ELECTORS ENROLLED FOR THE ABOVE-MENTIONED DIVISION WHO DID NOT VOTE AT THE ELECTION (OR REFERENDUM, AS THE CASE MAY BE)HELD ON SATURDAY, the …………………………………………

No. on roll.	Name and Description of Elector.	Notification to Elector. Sub-section (4.), Section 128a, of the Commonwealth Electoral Act 1918-1925. Date sent.	Elector’s Reply.				Further action under Regulation 75c.			Subsequent proceedings (if any).
			Date to be in hands of Divisional Returning Officer.	Whether Received by Divisional Returning Officer, (a)	Whether reason stated in reply is, in the opinion of the Divisional Returning Officer, a valid and sufficient reason for failure to vote.		Notification to Elector that reply is not considered a valid and sufficient reason for failure to vote. Date sent.	Consent of Elector to matter being dealt with by the Commonwealth Electoral Officer.
								Date to be in hands of the Divisional Returning Officer.	Whether received by Divisional Returning Officer. (a)
(1)	(2)	(3)	(4)	(5)	(8)		(7)	(8)	(9)	(10)
(a) Insert in this column “Yes” and date of receipt if a reply has been received, or “No” if a reply has not been received.
…………………………………. Divisional Returning Officer for the Division of……………….
Section 128a (11.) of the Commonwealth Electoral Act 1918-1925 provides:—Each copy of the list prepared and indorsed by the Divisional Returning Officer, indicating— (a) the names of the electors who did not vote at the election*; (b) the names of the electors from whom or on whose behalf the Divisional Returning Officer received, within the time allowed under sub-section (5.) of this section, forms properly filled up and signed ; and						(c) the names of the electors who failed to reply within that time; and any extract therefrom, certified by the Divisional Returning Officer under his hand, shall in all proceedings be prima facie evidence of the contents of such list or extract, and of the fact that the electors whose names appear therein did not vote at the election,* and that the notice specified in sub-section (4.) of this section was received by those electors, and that those electors did or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed under sub-section (5.) of this section.

*By section 4 of the Referendum (Constitution Alteration) Act 1906-1926, a reference to an election in the Commonwealth Electoral Act shall be read as a reference to a referendum.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.