Electoral and Referendum Regulations (Amendment) (Cth)

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Statutory Rules 1984 No. 2871

Electoral and Referendum Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions)Act 1984.

Dated 11 October 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(sgd) M. J. YOUNG

Special Minister of State

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Electoral and Referendum Regulations.

Interpretation

2. Regulation 5 of the Principal Regulations is amended by omitting from sub-regulation (1) the definition of “referendum” and substituting the following definitions:

“ ‘referendum’ has the same meaning as in the Referendum (Machinery Provisions) Act;

“ ‘Referendum (Machinery Provisions) Act’ means the Referendum (Machinery Provisions)Act 1984;”.

  • S.R. 288/84

     Cat. No. Recommended retail price $1.50  12/10.10.1984

Form of Roll

3. Regulation 6 of the Principal Regulations is amended by omitting sub-regulation (1).

4. Regulation 34 of the Principal Regulations is repealed and the following regulation substituted:

Undertaking by officers and scrutineers

“34. (1) Every officer to whom this regulation applies or scrutineer shall make and subscribe an undertaking in a form approved by the Australian Electoral Commission by notice published in the Gazette.

“(2) An omission by an officer or scrutineer to sign an undertaking under sub-regulation (1) shall not be a ground for setting aside any election or referendum.

“(3) This regulation applies to—

(a) a Divisional Returning Officer;

(b) a Postal Voting Officer;

(c) an Assistant Returning Officer;

(d) an Assistant Divisional Returning Officer;

(e) a Presiding Officer;

(f) an Assistant Presiding Officer;

(g) a substitute Presiding Officer;

(h) a Poll Clerk;

(i) an Antarctic Returning Officer;

(j) an Assistant Antarctic Returning Officer;

(k) an Electoral Visitor;

(l) a Mobile Polling Team Leader; and

(m) a Mobile Polling Team member.”.

Use of polling booth for two elections, &c.

5. Regulation 36 of the Principal Regulations is amended by omitting “section 14a of the Referendum (Constitution Alteration)Act 1906-1936” and substituting “section 25 of the Referendum (Machinery Provisions) Act”.

6. Regulation 37 of the Principal Regulations is repealed and the following regulation substituted:

Ballot-boxes

“37. Each ballot-box shall be capable of being securely fastened.”.

7. After regulation 38 of the Principal Regulations the following regulation is inserted:

Senate ballot-papers

“39. Form E in the Schedule to the Act is altered—

(a) by omitting—

and substituting—

(b) by omitting—

‘Place the single figure 1 in one, and one only, of these squares to indicate the group voting ticket which you wish to adopt us your vote’

and substituting—

‘By placing the single figure 1 in one, and only one, of these squares to indicate the voting ticket you wish to adopt as your vole’

(c) by omitting—

‘Place the numbers 1 to (8) in the squares immediately to the left of the names of the respective candidates so as to indicate the order of your preference for them’

and substituting—

‘By placing the numbers 1 to [8] in the order of your preference’

; and

(d) by omitting—

Ballot-Paper

OR

OR

OR

COMMONWEALTH OF AUSTRALIA

2

2

2

2

[6] of [6]

Election [7] Senators

1

3

1

3

1

3

1

3

1

4

1

4

1

3

1

3

1

3

1

3

1

4

1

4

1

3

1

3

1

3

1

3

1

4

1

4

1

3

1

3

1

3

1

4

1

4

1

3

1

3

1

3

1

4

1

3

1

3

1

4

and substituting—

BALLOT-PAPER

[5] OF [6]

COMMONWEALTH OF AUSTRALIA ELECTION OF [7] SENATORS

 

A

B

C

or

or

2

2

2

A

B

C

D

2

2

2

2

1

1

1

1

3

3

3

4

1

1

1

1

3

3

3

4

1

1

1

3

3

3

1

1

3

3

1

1

3

3

1

1

3

3

8. Regulation 40 of the Principal Regulations is repealed and the following regulations are substituted:

Prescribed circumstances for the purposes of sub-section 185 (13) of the Act

“40. For the purposes of sub-section 185 (13) of the Act, the following circumstances are prescribed, namely, where a Divisional Returning Officer for the Division is satisfied that an elector registered as a general postal voter for the Division has ceased to be a prescribed elector within the meaning of section 185 of the Act.

Review of cancellation of registration as a general postal voter

“40a. (1) Where a Divisional Returning Officer for a Division cancels, under sub-section 185 (13) of the Act, the registration of an elector registered as a general postal voter, he shall give, personally or by post, notice in writing to the elector of the cancellation.

“(2) A notice of a cancellation given to a person under sub-regulation (1) shall include a statement setting out the person’s right to request the Divisional Returning Officer to refer the cancellation to the Australian Electoral Officer for the State that includes the Division for review.

“(3) Where a Divisional Returning Officer notifies a person under sub-regulation (1) that the registration of that person as a general postal voter has been cancelled, that person may, before the expiration of the period of 28 days commencing on the day on which he is so notified, request the Divisional Returning Officer, in writing, to refer the cancellation to the Australian Electoral Officer for the State that includes that Division for review.

“(4) Where a Divisional Returning Officer receives a request under sub-regulation (3), he shall forthwith forward to the Australian Electoral Officer for the State a copy of the request and a statement in writing setting out the reasons for the cancellation of the registration of that person as a general postal voter.

“(5) Where an Australian Electoral Officer receives a copy of a request under sub-regulation (3), he shall forthwith review the decision of the Divisional Returning Officer in relation to the cancellation.

“(6) For the purpose of reviewing a decision made by a Divisional Returning Officer, the Australian Electoral Officer may exercise all of the powers and discretions that are conferred by the Act on the Divisional Returning Officer and shall make a decision in writing—

(a) affirming the decision under review; or

(b) setting aside the decision under review and making a decision in substitution for the decision so set aside.

“(7) Where an Australian Electoral Officer makes a decision under sub-regulation (6) in relation to a request made under sub-regulation (3), he shall cause a copy of the decision to be given to—

(a) the person who made the request; and

(b) the Divisional Returning Officer in relation to whose decision the request was made.

“(8) Where an Australian Electoral Officer causes a copy of a decision made under sub-regulation (6) to be given to a person under sub-regulation (7), the copy shall be accompanied by a written statement to the effect that the person may, subject to the Administrative Appeals Tribunal Act 1975,if he is dissatisfied with the decision, make an application to the Administrative Appeals Tribunal for review of the decision.

“(9) Any failure to comply with the requirement of sub-regulation (8) in relation to a decision does not affect the validity of the decision.

Review by Administrative Appeals Tribunal

“40b. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision made by an Australian Electoral Officer under sub-regulation 40a (6).

“(2) In this regulation, ‘decision’ has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.

Application of Regulations 40 a and 40b

“40c. Regulations 40a and 40b apply in relation to a Territory as if—

(a) references in those Regulations to a State were references to a Territory; and

(b) references in those Regulations to an Australian Electoral Officer were references to the Electoral Commissioner.”.

9. Regulation 42 of the Principal Regulations is repealed and the following regulation substituted:

Forms of postal ballot-papers

“42. (1) Before issuing any postal ballot-paper for a Senate election, the Divisional Returning Officer, Postal Voting Officer or Assistant Returning Officer shall, if the particulars are not already printed thereon, insert in the ballot-paper—

(a) the name of the State or Territory in which the election is to be held;

(b) the number of candidates to be elected;

(c) the numbers required to complete the ‘Directions’;

(d) the full names of all candidates for that State or Territory in the order, and grouped as, directed by the Australian Electoral Officer; and

(e) the information required to be printed on the ballot-paper by section 214 of the Act.

“(2) Before issuing a postal ballot-paper for a House of Representatives election, the Divisional Returning Officer, Postal Voting Officer or Assistant Returning Officer shall, if the particulars are not already printed thereon, insert in the ballot-paper—

(a) the name of the State or Territory and the name of the Division in which the election is to be held;

(b) the numbers required to complete the ‘Directions’;

(c) the full names of all candidates for that Division in the order determined in accordance with section 213 of the Act; and

(d) the information required to be printed on the ballot-paper by section 214 of the Act.

“(3) Before issuing a postal ballot-paper for a referendum, the Divisional Returning Officer, Postal Voting Officer or Assistant Returning Officer shall, if the name of the State or Territory printed on the ballot-paper is not the name of the State or Territory in which the referendum is to be held, strike out that name and insert the name of the State or Territory in which the referendum is to be held.”.

Postal ballot-paper received by Divisional Returning Officer or Assistant Returning Officer

10. Regulation 45 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “sub-section (2) of section 92 of the Act” and substituting “sub-section 194 (3) or (4) of the Act or sub-section 66 (3) or (4) of the Referendum (Machinery Provisions) Act”; and

(b) by omitting paragraph (1) (iv) and substituting the following paragraph:

“(iv) advise that Divisional Returning Officer in writing of the despatch of that envelope.”.

Postal ballot-paper received by Presiding Officer

11. Regulation 46 of the Principal Regulations is amended by omitting “sub-section (2) of section 92 of the Act” and substituting “sub-section 194 (3) of the Act or sub-section 66 (3) of the Referendum (Machinery Provisions) Act”.

Postal ballot-paper taken from ballot-box—action by Assistant Returning Officer

12. Regulation 47 of the Principal Regulations is amended by omitting paragraph (d) and substituting the following paragraph:

“(d) advise that Divisional Returning Officer in writing of the total number of envelopes bearing postal vote certificates enclosed in the outer cover so forwarded to him.”.

13. Regulation 49 of the Principal Regulations is repealed and the following regulations are substituted:

Scrutiny of postal ballot-papers

“49. (1) Subject to sub-regulations (2) and (3), the scrutiny of postal ballot-papers issued for an election or a referendum shall be conducted as nearly as practicable in the manner provided in the Act or the Referendum (Machinery Provisions) Act, as the case requires, in relation to the scrutiny of absent voters’ ballot-papers.

“(2) Sub-section 200 (2) of the Act applies in respect of the scrutiny of postal ballot-papers that have been—

(a) given to electors in accordance with oral applications under section 184 of the Act; or

(b) delivered or posted to electors who are registered postal voters by virtue of an application made in pursuance of paragraph 185 (1) (f) of the Act,

subject to the following modifications:

(c) omit paragraph (c);

(d) omit from paragraph (d) all the words from and including ‘the signature’ (first occurring) to and including ‘witness, and that’.

“(3) Sub-section 72 (2) of the Referendum (Machinery Provisions) Act applies in respect of the scrutiny of postal ballot-papers that have been—

(a) given to electors in accordance with oral applications under section 57 of that Act; or

(b) delivered or posted to electors who are registered postal voters by virtue of an application made pursuant to paragraph 185 (1) (f) of the Act,

subject to the following modifications:

(c) omit paragraph (c);

(d) omit sub-paragraphs (d) (i) and (ii).

Dealing with postal ballot-papers and postal vote certificates in the scrutiny

“50. (1) Subject to sub-regulation (2), postal ballot-papers and postal vote certificates issued for an election or a referendum shall be dealt with in the scrutiny in the manner provided in the Act or the Referendum (Machinery Provisions) Act, as the case requires, in relation to absent voters’ ballot-papers and absent voters’ declarations.

“(2) Postal vote certificates that by virtue of paragraph 59 (e) of the Referendum (Machinery Provisions) Act are deemed to have effect as postal vote certificates for the purposes of a referendum, shall be dealt with in the scrutiny in the manner provided in the Commonwealth Electoral Act 1918 in relation to absent voters’ ballot-papers and absent voters’ declarations.

14. Regulations 67 and 68 of the Principal Regulations are repealed and the following regulations substituted:

Declarations under certain provisions

“67. A declaration to be made by a person voting under—

(a) section 192, 235, 236 or 237 of the Act; or

(b) section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act,

shall be—

(c) printed on an envelope addressed to the Divisional Returning Officer for the Division in respect of which the person making the declaration claims to vote; or

(d) attached by adhesive, or otherwise securely fastened, to such an envelope.

Ballot-papers under certain provisions

“68. (1) The ballot-paper to be used by a person voting under section 192, 235, 236 or 237 of the Act shall—

(a) be in accordance with Form E or F in the Schedule to the Act, as the case requires; and

(b) have the name of the section under which the person is voting endorsed immediately above the heading ‘BALLOT-PAPER’ or ‘Ballot-Paper’, as the case may be.

“(2) The ballot-paper to be used by a person voting under section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act shall—

(a) be in accordance with Form B or C in Schedule 1 to that Act, as the case requires; and

(b) have the name of the section under which the person is voting endorsed immediately above the heading ‘BALLOT-PAPER’ or ‘BALLOT-PAPERS’, as the case may be.”.

Record to be made by Presiding Officer

15. Regulation 69 of the Principal Regulations is amended by omitting “section 91a, section 121 or section 121a of the Act” and substituting “section 192, 235, 236 or 237 of the Act or section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act”.

Action by Assistant Returning Officer

16. Regulation 70 of the Principal Regulations is amended—

(a) by omitting “section 91a, section 121 or section 121a of the Act” and substituting “section 192, 235, 236 or 237 of the Act or section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act”; and

(b) by omitting paragraph (c) and substituting the following paragraph:

“(c) advise that Divisional Returning Officer in writing of the number of such envelopes contained in the outer cover so forwarded to him.”.

17. Regulations 71 and 72 of the Principal Regulations are repealed and the following regulations substituted:

Scrutiny of votes cast under section 192, 235, 236 or 237 of the Act or section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act

“71. The receipt, scrutiny, parcelling and preservation of ballot-papers and envelopes bearing declarations used for the purposes of voting under—

(a) section 192, 235, 236 or 237 of the Act; or

(b) section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act,

shall be dealt with as nearly as practicable in accordance with the provisions of the Act or the Referendum (Machinery Provisions) Act, as the case requires, dealing with absent voters’ ballot-papers and absent voters’ declarations.

Assistance to certain voters

“72. Where—

(a) sub-section 234 (1) of the Act applies in relation to a person voting under section 192, 235, 236 or 237 of the Act; or

(b) sub-section 36 (1) of the Referendum (Machinery Provisions) Act applies in relation to a person voting under section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act,

the presiding officer shall—

(c) fill in the declaration referred to in the section under which the person is voting with the required particulars as given by the voter;

(d) read the declaration to the voter;

(e) complete and attest the declaration; and

(f) cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by the poll clerk.

Spoilt ballot-papers

“72a. (1) For the purposes of section 238 of the Act or section 41 of the Referendum (Machinery Provisions) Act, an officer who has cancelled a spoilt ballot-paper shall—

(a) write the word ‘spoilt’ on the back of the ballot-paper;

(b) place the ballot-paper in an envelope, seal the envelope and indicate in writing on the envelope the type of ballot-paper enclosed and that the ballot-paper is spoilt; and

(c) sign the envelope.

“(2) The envelopes containing ballot-papers dealt with in accordance with sub-regulation (1) shall be sealed up in a parcel and delivered to the Divisional Returning Officer after the close of the poll.”.

Scrutiny by Assistant Returning Officer

18. Regulation 73 of the Principal Regulations is amended by omitting from sub-regulation (1) “the action prescribed in regulations 47, 56 and 70 of these Regulations” and substituting “section 228 of the Act, sub-sections 46 (6), (7) and (8) of the Referendum (Machinery Provisions) Act, and regulations 47 and 70”.

19. Regulation 75 of the Principal Regulations is repealed and the following regulation substituted:

List of electors who failed to vote

“75. The list of the names and descriptions of the electors enrolled for a Division, who did not vote at an election or a referendum, that is required to be prepared by the Divisional Returning Officer for the Division under the provisions of sub-section 245 (2) of the Act, or sub-section 45 (2) of the Referendum (Machinery Provisions) Act, shall be in accordance with Form 39.”.

Notice to elector and reply of elector

20. Regulation 76 of the Principal Regulations is amended by omitting from sub-regulation (1) “sub-section (4) of section 128a of the Act” and substituting “sub-section 245 (4) of the Act or sub-section 45 (3) of the Referendum (Machinery Provisions) Act”.

Action where reason considered insufficient

21. Regulation 77 of the Principal Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) Where the reply of the elector does not, in the opinion of the Divisional Returning Officer, show cause why proceedings for failing to vote at the election or referendum, as the case may be, without a valid and sufficient reason should not be instituted against the elector, the Divisional Returning Officer shall, after endorsing on the list prepared by him his opinion in accordance with sub-section 245 (8) of the Act or sub-section 45 (7) of the Referendum (Machinery Provisions) Act, as the case may be, notify the elector, in accordance with Form 42, of his opinion, and inform him that he has the option of having the matter dealt with by the Australian Electoral Officer or by a court of summary jurisdiction.”.

Notification of imposition of penalty

22. Regulation 79 of the Principal Regulations is amended by omitting “paragraph (a) of sub-section (12) of section 128a of the Act” and substituting “paragraph 245 (12) (a) of the Act, or paragraph 45 (11) (a) of the Referendum (Machinery Provisions) Act”.

Proceedings in a court of summary jurisdiction

23. Regulation 80 of the Principal Regulations is amended—

(a) by omitting “Commonwealth” (wherever occurring) and substituting “Australian”;

(b) by omitting from paragraph (a) “paragraph (a) of sub-section (12) of section 128a of the Act” and substituting “paragraph 245 (12) (a) of the Act or paragraph 45 (11) (a) of the Referendum (Machinery Provisions) Act”;

(c) by omitting from paragraph (b) “paragraph (b) of sub-section (12) of section 128a of the Act” and substituting “paragraph 245 (12) (b) of the Act or paragraph 45 (11) (b) of the Referendum (Machinery Provisions) Act”; and

(d) by omitting from paragraph (c) “paragraph (c) of sub-section (12) of section 128a of the Act” and substituting “paragraph 245 (12) (c) of the Act or paragraph 45 (11) (c) of the Referendum (Machinery Provisions) Act”.

Proceedings in Court on failure of elector to vote

24. Regulation 81 of the Principal Regulations is amended by omitting from sub-regulation (1) all the words from and including “paragraph (a)” to and including “reply,” and substituting “paragraph 245 (12) (a) of the Act or paragraph 45 (11) (a) of the Referendum (Machinery Provisions) Act, the Divisional Returning Officer shall send to the Court the elector’s reply under sub-section 245 (6) of the Act or sub-section 45 (5) of the Referendum (Machinery Provisions) Act”.

Proceedings in a Court on failure of elector to send reply to Divisional Returning Officer’s notification

25. Regulation 82 of the Principal Regulations is amended by omitting from sub-regulation (1) “paragraph (b) of sub-section (12) of section 128a of the Act” and substituting “paragraph 245 (12) (b) of the Act or paragraph 45 (11) (b) of the Referendum (Machinery Provisions) Act”.

Evidence in Court of summary jurisdiction

26. Regulation 83 of the Principal Regulations is amended by omitting from sub-regulation (1) “sub-paragraph (a) or sub-paragraph (b) of sub-section (12) of section 128a of the Act” and substituting “paragraph 245 (12) (a) or (b) of the Act or paragraph 45 (11) (a) or (b) of the Referendum (Machinery Provisions) Act”.

Preservation of documents

27. Regulation 84 of the Principal Regulations is amended—

(a) by inserting “, subject to the directions of the Electoral Commissioner,” after “documents”; and

(b) by omitting “Chief Electoral Officer” and substituting “Electoral Commissioner”.

Authorized official inquiry

28. Regulation 85 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) all the words after “Officer may,” and substituting “if so authorized by the Electoral Commissioner, open any of the parcels referred to in regulation 84.”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulations:

“(2) Any material that has, in pursuance of this regulation, been taken out of a sealed parcel, may be retained by the Divisional Returning Officer, or dealt with in the manner directed by the Electoral Commissioner.

“(2a) Where the purpose has been satisfied for which any material was, in pursuance of this regulation, taken out of a sealed parcel, the Divisional Returning Officer shall—

(a) forthwith replace that material in the parcel from which it was taken and refasten and reseal that parcel; and

(b) by endorsement thereon state that the parcel had been opened by him and the purpose for which it had been opened.”.

Schedule

29. The Schedule to the Principal Regulations is repealed and the Schedule set out in Schedule 1 substituted.

Further amendments

30. The Principal Regulations are further amended as set out in Schedule 2.

SCHEDULE 1 Regulation 29

SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE TO PRINCIPAL REGULATIONS

SCHEDULE

FORMS

FORM 18 Sub-regulation 26 (1)

[Form to be used by an Elector for the same Electoral

Subdivision when lodging an objection]

COMMONWEALTH OF AUSTRALIA

Commonwealth Electoral Act 1918

State of

Electoral Division of

OBJECTION

To the Divisional Returning Officer for the Electoral Division of—

I object to the name of

Surname

Christian or given names in full

Place of living as appearing on Roll

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 [here insert ground of objection].

Signature .................................................

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

Dated the day of 19  .

SCHEDULE 1—continued

FORM 19 Sub-regulation 26 (2)

[Form to be used by a Divisional Returning Officer or an Assistant Divisional Returning Officer when lodging objections to the retention of names of the Subdivision Roll kept by him]

COMMONWEALTH OF AUSTRALIA

Commonwealth Electoral Act 1918

State of

Electoral Division of Subdivision of

OBJECTION

I object to each undermentioned name being retained on the Electoral Roll of the abovenamed Subdivision on the ground [here insert ground of objection].

Dated the day of 19  .

Surname

Christian or given names in full

Place of living as appearing on Roll

Place of living for time being, if known

FORM 27 Sub-regulation 41 (1)

COMMONWEALTH OF AUSTRALIA

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions) Act 1984

POSTAL VOTE CERTIFICATE

I, (name), of (address) hereby declare that I am enrolled for the Division of in the State of and am entitled to a postal vote in accordance with the provisions of the (Commonwealth Electoral Act 1918/Referendum (Machinery Provisions) Act 1984)*. I was born on

(Personal Signature of Voter)

CERTIFICATE OF AUTHORIZED WITNESS

1 hereby certify that the above certificate was signed by the voter at [here insert address of place where signature is made and witnessed]. [Or I hereby certify that the voter named in the above postal vote certificate is a registered general postal voter who became so registered in pursuance of an application made in pursuance of paragraph 185 (1) (e) or (f) of the Commonwealth Electoral Act 1918,and who was born on .]

Signature of authorized witness [in his own handwriting]

Title of authorized witness

Address of witness.........................................

Date.....................................................

SCHEDULE 1—continued

FORM 39 Regulation 75

COMMONWEALTH OF AUSTRALIA

State of

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions)Act 1984

Division of

List of the names and descriptions of the Electors enrolled for 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 Electoral Division of  , do solemnly and sincerely declare that the names on the within print of the roll for the above-mentioned Division 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 Division 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 245 (2) of the Commonwealth Electoral Act 1918 [or, in the case of a referendum, sub-section 45 (2) of the Referendum (Machinery Provisions)Act 1984].

And I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Divisional Returning Officer for the Division of(a)

Declared at , the day of ,19   .

Before me,

(b)

(c)

(a) Here insert name of Division

(b) Signature of person before whom the declaration is made

(c) Here insert title of person before whom the declaration is made.

SCHEDULE 1—continued

FORM 40 Sub-regulation 76 (2)

COMMONWEALTH OF AUSTRALIA

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions)Act 1984

NOTICE TO ELECTOR WHO APPEARS TO HAVE FAILED TO VOTE

To (full name and address of elector)

From my records it appears that you have failed to vote at the election* or referendum* held on Saturday . In accordance with section 245 of the Commonwealth Electoral Act 1918 (or, in the case of a referendum, section 45 of the Referendum (Machinery Provisions)Act 1984) you are called upon to show cause why proceedings for failing to vote without a valid and sufficient reason should not be instituted against you. It is an offence to fail to vote without a valid and sufficient reason.

You are required by law to give, in the manner stated below, the reasons (if any) why proceedings should not be instituted against you. Will you, please—

(a) fill up the form at the foot of this notice, stating in it those reasons;

(b) sign the form in the presence of a witness; and

(c) post the form in time for it to reach me on or before

If you do not fill up the form, sign it and post it in the manner stated above, or if I decide that the reason you have given for failing to vote is not valid and sufficient, you may be required to pay a fine.

Divisional Returning Officer

for the Division of

Note: If, by reason that the elector named in this notice is absent or is suffering from any physical incapacity, the elector is unable to fill up, sign and post the form at the foot of this notice within the time specified above, another elector who has personal knowledge of the facts may fill up, sign, and post the form, duly witnessed, within that time. Where such action is taken by another elector, the elector named in the notice may be treated as having complied with the provisions of the law referred to in this notice.

*Strike out whichever is inapplicable

FORM 41 Sub-regulation 76 (3)

FORM OF STATEMENT TO BE COMPLETED AND RETURNED TO THE DIVISIONAL RETURNING OFFICER

*I, of state that proceedings for failure to vote without a valid and sufficient reason at the election  or referendum  held on Saturday the day of , 19  should not be instituted against me for the following reasons:

(Signature of person making statement)

The above statement was signed in my presence

(Signature of witness.........................................................

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

Date..................................................................................

*Where the form is filled up on behalf of an elector who is absent or suffering from a physical incapacity, the word “I” should be struck out and the name of that elector inserted.

 Strike out whichever is inapplicable

SCHEDULE 1—continued

FORM 42 Sub-regulation 77 (1)

COMMONWEALTH OF AUSTRALIA

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions)Act 1984

NOTIFICATION TO ELECTOR WHO HAS NOT SHOWN CAUSE WHY PROCEEDINGS FOR FAILURE TO VOTE SHOULD NOT BE INSTITUTED

To—

You are hereby notified—

(1) that the reason given by you in your declaration dated the 19 , has not, in my opinion, shown cause why proceedings for failure to vote at the election (or referendum, as the case may be) held under the provisions of the Commonwealth Electoral Act 1918 (or Referendum (Machinery Provisions) Act 1984, as the case may be) on Saturday should not be instituted against you; and

(2) that you have the option of having the matter dealt with by the Australian Electoral Officer for the (State/Territory)* (thus avoiding costs of Court), or by a Court of summary jurisdiction.

If you desire to have the matter dealt with by the Australian 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 , together with the sum of   to be appropriated in payment or part payment of the penalty, if any, which the Australian 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 Division

of...........................................................................

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

Dated ,19 .

* Strike out whichever does not apply

  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 43 Sub-regulation 77 (2)

FORM OF CONSENT TO BE USED BY AN ELECTOR WHO DESIRES TO HAVE HIS CASE DEALT WITH BY THE AUSTRALIAN ELECTORAL OFFICER

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

I, of , enrolled as an elector on the roll for the above-named Division, having been notified that I have not, in your opinion, shown cause why proceedings for failing to vote at the election (or referendum) held under the provisions of the Commonwealth Electoral Act 1918 (or Referendum (Machinery Provisions)Act 1984) on Saturday, the  day of  19 , should not be instituted against me, do hereby notify you that I consent to have the matter dealt with by the Australian Electoral Officer 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 $4, without costs) which the Australian 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))

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

Dated ,19  .

SCHEDULE 1—continued

FORM 44 Regulation 79

COMMONWEALTH OF AUSTRALIA

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions)Act 1984

NOTIFICATION OF PENALTY FOR FAILURE TO VOTE

To—

You are notified that, pursuant to your notification of consent dated the day of , 19 , the Australian Electoral Officer has dealt with the matter of your contravention of paragraph 245 (12) (a) of the Commonwealth Electoral Act 1918 (or, in the case of a referendum, paragraph 45 (11) (a) of the Referendum (Machinery Provisions)Act 1984) and 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

Dated , 19  .

FORM 45 Sub-regulation 83 (1)

COMMONWEALTH OF AUSTRALIA

State of

Commonwealth Electoral Act 1918

Referendum (Machinery Provisions)Act 1984

In the Court of Petty Sessions

at—

Between Informant or Complainant

and Defendant

STATUTORY DECLARATION

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

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

(2) That the defendant on the  day of        , 19 , was enrolled as an elector on the Electoral Roll for the Division of(a)

(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 (or, in the case of a referendum, of the Referendum (Machinery Provisions)Act 1984) and of the regulations made thereunder.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1959,and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Divisional Returning Officer for the Division of(a) . Declared at , the           day of , 19  .

Before me,

(c)

(d)

(a) Here insert name of Division

(b) Informant or complainant

(c) Signature of person before whom the declaration is made

(d) Here insert title of person before whom the declaration is made

SCHEDULE 1—continued

FORM 46 Sub-regulation 83 (1)

COMMONWEALTH OF AUSTRALIA

State of

Commonwealth Electoral Act 1918Referendum (Machinery Provisions) Act 1984

Division 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

Elector’s Reply

Further action under Regulation 77

Notification to elector Sub-section 245 (4) of the Commonwealth Electoral Act or sub-section 45 (3) of the Referendum (Machinery Provisions) Act Date sent

Date to be in hands of Divisional Returning Officer

Whether received by Divisional Returning Officer (a)

Whether, in the opinion of the Divisional Returning Officer, the elector has shown cause why proceedings should not be instituted

Notification to elector that cause has not been shown Date sent

Consent of elector to matter being dealt with by the Commonwealth Electoral Officer

Name and description of elector

Date to be in hands of the Divisional Returning Officer

Whether received by Divisional Returning Officer (a)

Subsequent proceedings (if any)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(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

*Sub-section 245 (11) of the Commonwealth Electoral Act provides: 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), 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) 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).

* Sub-section 45 (10) of the Referendum (Machinery Provisions) Act contains similar provisions in relation to a referendum.

SCHEDULE 2 Regulation 30

FURTHER AMENDMENTS

Regulation 2—

Repeal the regulation.

Regulation 4a—

Repeal the regulation.

Sub-regulation 5 (1) (definition of “the Act”)—

Omit “—1940, as amended from time to time”.

Sub-regulation 5 (3)—

Omit “, on a Roll of electors for the Australian Capital Territory or on a Roll of electors for the Northern Territory”.

Regulations 7 to 16 (inclusive)—

Repeal the regulations.

Division 2, Part II—

Repeal the Division.

Sub-regulation 26 (1)—

Omit “notice of.

Sub-regulation 26 (2)—

(a) Omit “notice of”.

(b) Omit “Registrar”, substitute “Divisional Returning Officer or an Assistant Divisional Returning Officer”.

(c) Omit “and the direction of the Divisional Returning Officer”.

Regulation 27—

Repeal the regulation.

Regulation 29—

Insert “or Assistant Divisional Returning Officer” after “Officer” (wherever occurring).

Regulation 30—

Insert “or Assistant Divisional Returning Officer” after “Officer”.

Regulation 31—

Repeal the regulation.

Division 4, Part II—

Repeal the Division.

Regulation 33—

Repeal the regulation.

Regulation 35—

Repeal the regulation.

Regulation 43—

Repeal the regulation.

Division 3, Part III—

Repeal the Division.

SCHEDULE 2— continued

Heading to Division 4 of Part III—

Omit the heading, substitute the following heading:

“Division 4—Voting pursuant to section 192, 235, 236 or 237 of the Act or section 37, 38, 39 or 65 of the Referendum (Machinery Provisions) Act”.

Sub-regulation 74 (2)—

Omit “Commonwealth”, substitute “Australian”.

Sub-regulation 74 (5)—

(a) Omit “Commonwealth” (wherever occurring), substitute “Australian”.

(b) Omit “for the State” (wherever occurring).

(c) Omit “or registered post”, substitute “, registered post or courier service”.

Sub-regulation 74 (6)—

Omit “Commonwealth” (wherever occurring), substitute “Australian”.

Sub-regulation 74 (7)—

(a) Omit “Commonwealth”, substitute “Australian”.

(b) Omit “or registered post”, substitute “, registered post or courier service”.

Sub-regulation 74 (8)—

Omit “Commonwealth” (wherever occurring), substitute “Australian”.

Sub-regulation 74 (9)—

Omit “Commonwealth”, substitute “Australian”.

Sub-regulation 77 (1)—

Omit “Commonwealth”, substitute “Australian”.

Sub-regulation 77 (2)—

Omit “Commonwealth” (wherever occurring), substitute “Australian”.

Sub-regulation 77 (3)—

Omit “Commonwealth” (wherever occurring), substitute “Australian”.

Sub-regulation 78 (1)—

(a) Omit “Chief Electoral Officer”, substitute “Electoral Commissioner”.

(b) Omit “Commonwealth”, substitute “Australian”.

Sub-regulation 78 (2)—

Omit “Commonwealth” (first occurring), substitute “Australian”.

Sub-regulation 78 (3)—

(a) Omit “Chief Electoral Officer”, substitute “Electoral Commissioner”.

(b) Omit “a Commonwealth”, substitute “an Australian”.

Regulation 79—

Omit “Commonwealth”, substitute “Australian”.

Regulations 89 to 91 (inclusive)—

Repeal the regulations.

Regulation 93—

Omit “Four dollars”, substitute “$50”.

SCHEDULE 2— continued

Regulation 94—

Repeal the regulation.

Regulation 98a—

Repeal the regulation.

Regulation 100—

(a) Omit “Chief Electoral Officer”, substitute “Electoral Commissioner”.

(b) Omit “Referendum (Constitution Alteration) Act 1906-1936”, substitute “Referendum (Machinery Provisions) Act”.

Regulations 101, 102 and 103—

Repeat the regulations.

NOTES

1.Notified in the Commonwealth of Australia Gazette on 18 October 1984.

2.Statutory Rules 1940 No. 163 as amended by 1949 No. 62; 1954 No. 27; 1961 No. 103; 1966 No. 140; 1973 No. 62; 1974 No. 44; 1980 No. 241; 1981 Nos. 80 and 84; 1983 Nos. 114, 153, 176, 181, 235, 274 and 313.

Printed by Authority by the Commonwealth Government Printer

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