Electoral and Referendum Regulations (Amendment) (Cth)

STATUTORY RULES.

1934. No. 100.

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REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1934 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1928.

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 Commonwealth Electoral Act 1918-1934, and the Referendum (Constitution Alteration) Act 1906-1928.

Dated the third day of August, 1934.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. A. PERKINS

Minister of State for the Interior.

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Amendments of the Electoral and Referendum Regulations.

(Statutory Rules 1928, No. 80, as amended to this date.)

Interpretation.

1. In these Regulations any reference to a regulation shall be read as a reference to a regulation contained in the Electoral and Referendum Regulations, as amended to the date of commencement of these Regulations, and any reference to a Form shall be read as a reference to a Form in the Schedule to those Regulations as so amended.

2. After regulation 14 the following regulations are inserted:—

Certificate authorizing transfer of name. Sec .47 (2.) (b).

“14a. The certificate of the Commonwealth Electoral Officers under paragraph (b) of sub-section (2.) of section 47 of the Act and the directions by the respective Divisional Returning Officers under that paragraph may be in accordance with Form 8a.

Certificate as to incorrect enrolment. Sec. 47A.

“14n. The certificate of the Commonwealth Electoral Officer under section 47a of the Act and the direction of the Divisional Returning Officer under that section may be in accordance with Form 8n.”.

3. After regulation 15 the following regulations are inserted:—

Notice of transfer of name. Sec. 47 (2.) (b).

“15a. Where a name is removed from a roll for a subdivision and placed on a roll for another subdivision by direction of the Divisional Returning Officer upon the certificate of the Commonwealth Electoral Officer pursuant to paragraph (b) of sub-section (2.) of section 47 of the Act, the Registrar keeping the roll to which the name has been transferred shall send to the elector whose name has been so transferred a notification in accordance with Form 9a.

Notified in the Commonwealth Gazette on 9th August, 1934.

3164.—Price 5d.

 

Notice of removal of name. Sec 47A.

“15b. Where a name is removed from a roll by direction of the Divisional Returning Officer upon a certificate of the Commonwealth Electoral Officer pursuant to section 47a of the Act, the Registrar shall send to the person whose name has been so removed a notification in accordance with Form 9b.”.

Official mark.

4. Regulation 38 is amended by omitting all the words after the word “intertwined”.

Forms of postal ballot-paper.

5. Regulation 42 is amended:—

(a) by omitting from paragraph, (c) of sub-regulation (2) the word “and” (last occurring); and

(b) by omitting paragraph (d) of sub-regulation (2).

Informal ballot-papers

6. Regulation 61 is amended by omitting from paragraph (b) of sub-regulation (1) all the words after the word “preferences” and inserting in their stead the words—

“for all the remaining candidates so as to indicate the order of his preference for them:

Provided that, in a Senate election, where a candidate dies between the date of nomination and polling day, a ballot-paper shall not be informal by reason only—

(a) of the inclusion on the ballot-paper of the name of a deceased candidate;

(b) of the marking of any consecutive number opposite that name; or

(c) of the omission to place any number opposite that name, or of any resultant failure to indicate in consecutive order the voter’s preferences”.

Forms 8a and 8b.

7. After Form 8 the following Forms are inserted:—

“Form 8a. Regulation 14a.

Commonwealth of Australia.

Commonwealth Electoral Act.

State of

CERTIFICATE OF COMMONWEALTH ELECTORAL OFFICER UNDER SECTION 47 (2.) (b) OF THE COMMONWEALTH ELECTORAL ACT.

To the Divisional Returning Officer for the Division of

I certify that the name of the undermentioned elector:—

Surname. Christian Names. Place of Living. Occupation. Sex.

has, pursuant to a claim, been incorrectly placed on the roll for the Subdivision of (i)   Division of  and that at the date of the claim the elector named was living within and entitled to have his name placed on the roll for the Subdivision of (2) Division of

Commonwealth Electoral Officer for the

State of

Date / /19

To the Electoral Registrar for the Subdivision of (1)

You arc directed to remove the name of the above-named elector from the roll kept by you, to endorse hereon the action taken, and to return this Form to me for transmission to the Commonwealth Electoral Officer

Divisional Returning Officer for the

Division of

Date

 /      /19 .

Received (date)

Acted upon and Form returned to  Divisional Returning Officer (date)

Signature of Registrar—

To the Electoral Registrar for the Subdivision of (2)

You are directed to place the name and particulars of the above-named elector on the roll kept by you, to notify the elector (by sending him a notification in accordance with Form 9a) of the change in his enrolment, to endorse hereon the action taken, and to return this Form to me for transmission to the Commonwealth Electoral Officer.

Divisional Returning Officer for the

Division of

Date

 /     /19  .

Received (date)

Acted upon, elector notified and

Form returned to Divisional Returning Officer (date)

Signature of Registrar—

To the Commonwealth Electoral Officer for the State of

Returned. The necessary action has been taken.

Divisional Returning Officer for the

Division of

Date / /19  .

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“Form 8s. Regulation 14b.

Commonwealth of Australia.

Commonwealth Electoral Act.

State of

CERTIFICATE OF COMMONWEALTH ELECTORAL OFFICER PURSUANT TO SECTION 47a OF THE COMMONWEALTH ELECTORAL ACT.

To the Divisional Returning Officer for the Division of

I certify that the undermentioned person:—

Surname. Christian Names. Place of Living. (as appearing on roll). Occupation. Sex.

whose name has been placed on the roll for the Subdivision of Division of  is not entitled to enrolment for that Division,and that that person secured enrolment pursuant to a claim in which he made a false statement.

Commonwealth Electoral Officer for the

State of

Date / /19  .

To the Electoral Registrar for the Subdivision of

You are directed to remove the name of the above-named person from the roll kept by you, to notify that person (by sending him a notification in accordance with Form 9b) of the removal of his name, to endorse hereon the action taken by you, and to return this Form to me for transmission to the Commonwealth Electoral Officer.

Divisional Returning Officer for the

Division of

Date / /19  .

Received (date)

Name removed, person notified and Form returned to Divisional Returning Officer (date)

Signature of Registrar—

The Commonwealth Electoral Officer for the State of

Returned. The necessary action has been taken

Divisional Returning Officer for the

Division of

Date / / 19 .”.

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Forms 9a and 9b.

8. After Form 9 the following Forms are inserted:—

“Form 9a. Regulation 15a.

Commonwealth of Australia.

Commonwealth Electoral Act.

State of

NOTIFICATION OF CHANGE OF ENROLMENT FROM ONE SUBDIVISION AND DIVISION TO ANOTHER SUBDIVISION AND DIVISION PURSUANT TO SECTION 47 (2.) (b) OF THE COMMONWEALTH ELECTORAL ACT.

To—

Your name has been removed from the Electoral roll for the Subdivision of  Division of  and placed upon the roll for Subdivision of Division of on the ground that your place of living as stated in your claim, is within the last-mentioned Subdivision and Division.

Electoral Registrar for the Subdivision

of

Date / /19  .

————

“Form 9b. Regulation 15n.

Commonwealth of Australia.

COMMONWEALTH ELECTORAL ACT.

State of

NOTIFICATION OF REMOVAL OF NAME FROM ROLL PURSUANT TO SECTION 47a OF THE COMMONWEALTH ELECTORAL ACT.

To—

Your name has been removed from the Electoral roll for the Subdivision of  Division of  on the ground that you are not entitled to enrol for that Division.

Electoral Registrar for the Subdivision

of

Date / /19

9. Form 24 is amended— Form 24.

(a) by omitting from paragraph (d) of the “Directions to Elector and Authorized Witness” all the words from and including the words “in the squares”(first occurring) to and including the words “used by him” and inserting in their stead the words “the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and must place the numbers 2, 3, 4, (and so on as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them”; and

(b) by adding at the end of the “Further Directions to Authorized Witness” the following paragraph:—

“An authorized witness shall not influence, or attempt to influence, in any way, the vote of an elector voting by post before him.

Penalty: One hundred pounds or imprisonment for six months.”.

Form 25.

10. Form 25 is amended by adding at the end of the “Further Directions to Authorized Witness” the following paragraph:—

“An authorized witness shall not influence, or attempt to influence, in any way, the vote of an elector voting by post before him.

Penalty: One hundred pounds or imprisonment for six months”.

Form 29.

11. Form 29 is amended by omitting all the words from and including the words “in the squares” (first occurring) to and including the words “used by him” and inserting in their stead the words “the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and must place the numbers 2, 3, 4, (and so on as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.