Electoral and Referendum Regulations (Amendment) (Cth)
COMMONWEALTH ELECTORAL ACT AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT
Statutory Rules 1966,
No. 140
Part I.—Preliminary (Regulations 1-5).
Part II.—Electoral.
Division 1.—Enrolment (Regulations 6-16).
Division 2.—Enforcement of Law in Relation to Enrolment (Regulations 17-25).
Division 3.—Objections (Regulations 26-31).
Division 4.—Miscellaneous (Regulation 32).
Part III.—Electoral and Referendum.
Division 1.—Conduct of Elections and Referendums (Regulations 33-38).
Division 2.—Voting by Post (Regulations 40-49).
Division 3.—Absent Voting (Regulations 50-66).
Division 4.—Voting pursuant to Sections 91a, 121 and 121a of the Act (Regulations 67-72).
Division 5.—Scrutiny by Assistant Returning Officer (Regulation 73).
Division 6.—Recount of Ballot-papers (Regulation 74).
Division 7.—Enforcement of Law in Relation to Compulsory Voting (Regulations 75-83).
Division 8.—Miscellaneous (Regulations 84-96).
Part IV.—Referendum (Regulations 98-103).”.
(
“(3.) A reference in these Regulations to an elector or a person qualified to be an elector of the Commonwealth shall be read as a reference to a person whose name appears on a Roll of electors under the Act, on a Roll of electors for the Australian Capital Territory or on a Roll of electors for the Northern Territory or a person entitled to be enrolled on such a Roll.”.
“7. For the purposes of sub-section (1.) of section 37 of the Act, the prescribed prices are those specified in the following table:—
$ | |
| 1.20 |
| 0.30 |
| 0.30 |
| 0.10”. |
“40.—(1.) For the purposes of sub-section (2.) of section 85 of the Act, the prescribed form of application for a postal vote certificate and a postal ballot-paper is—
(
a ) where the applicant is an elector whose name appears on a Roll—a form in accordance with Form 26;(
b ) where the applicant is an elector by virtue of section 39a of the Act and is not less than 21 years of age—a form in accordance with Form 26a; and(
c ) where the applicant is an elector by virtue of section 39a of the Act and is less than 21 years of age—a form in accordance with Form 26b.
1561/67—4
“(2.) If the applicant elector wishes to have the postal vote certificate and postal ballot-paper (or postal ballot-papers) posted to him he may state in the form of application the address of the place to which the postal vote certificate and postal ballot-paper (or postal ballot-papers) may be posted to him.”.
(
“ (1.) The postal ballot-paper for a Senate election, other than an election referred to in the next succeeding sub-regulation, may be in accordance with Form 28.
“(1a.) The postal ballot-paper for an election to fill one casual vacancy in the Senate that is held at a general election of Members of the House of Representatives may be in accordance with Form 29 with such alterations as are necessary.”; and
(
b ) by inserting in paragraph (d ) of sub-regulation (2.), before the word “grouped”, the words “(except in the case of an election referred to in sub-regulation (1a.) of this regulation)”.
“(1.) The ballot-paper to be used by an elector voting as an absent voter in a Senate election, other than an election referred to in the next succeeding sub-regulation, may be in accordance with Form 33.
“(1a,) The ballot-paper to be used by an elector voting as an absent voter in an election to fill one casual vacancy in the Senate that is held at a general election of Members of the House of Representatives may be in accordance with Form 34 with such alterations as are necessary.”.
(
a ) by omitting paragraph (e ) of sub-regulation (1.); and(
b ) by omitting from paragraph (f ) of that sub-regulation the words “, place thereon a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, and”.
“(
d ) in a referendum, it has no vote marked on it, or it has more than one vote marked on it.”.
“86. The prescribed fee for the purposes of sub-section (3.) of section 151 of the Act is Fifty cents.
“87.—(1.) The prescribed form for the purposes of sub-section (3.) of section 152 of the Act is a form in accordance with Form 47.
“(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 Fifty cents.”.
(
a ) by omitting the words “[Front of Form. ]”;(
b ) by omitting the words—“Date and year of birth— Place of birth— Former surname*—
(*
See Instruction D on other side).”and inserting in their stead the words—
“Date and year of birth— Place of birth— Former surname—”;
and
(
c ) by omitting all words from and including the words “(Penalty on witness” to the end of that Form and inserting in their stead the words—“Signature of witness—
(
in own handwriting )Occupation—
Place of living—”.
(
“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.To—”
and inserting in their stead the words—
“To—
NOTIFICATION TO A PERSON WHO APPEARS TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF SECTION 42 [
here insert number of sub-section ] OF THE COMMONWEALTH ELECTORAL ACT RELATING TO COMPULSORY ENROLMENT.”;and
(
b ) by omitting the words “penalty of Ten shillings for a first offence and not less than Ten shillings nor more than Two pounds” and inserting in their stead the words “fine of not less than One dollar and not more than Four dollars for a first offence and not less than Four dollars and not more than Ten dollars”.
“Form 15. Regulation 18.
Commonwealth of Australia.
Commonwealth Electoral Act.
State of Electoral Division of
DECLARATION BY A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF SECTION 42 [
here insert number of subsection ] OF THE COMMONWEALTH ELECTORAL ACT RELATING TO COMPULSORY ENROLMENT.
I, of
do
hereby declare (
Personal signature—
Date—
I, the undersigned, being an elector or a person qualified to be an elector of the Commonwealth, certify that I have seen the abovementioned person sign the above declaration.
Signature of Witness—
Occupation—
Address—
”.
“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.”
and inserting in their stead the words—
“CONSENT BY 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 RELATING TO COMPULSORY ENROLMENT WHO DESIRES TO HAVE THE MATTER DEALT WITH BY THE COMMONWEALTH ELECTORAL OFFICER FOR THE STATE.”.
“NOTIFICATION OF PENALTY IMPOSED BY COMMONWEALTH ELECTORAL OFFICER FOR CONTRAVENTION OF SECTION 42 [
here insert number of subsection ]OF COMMONWEALTH ELECTORAL ACT.
To—”
and inserting in their stead the words—
“To—
NOTIFICATION OF PENALTY FOR CONTRAVENTION OF SECTION 42 [
here insert number of sub-section ] OF THE COMMONWEALTH ELECTORAL ACT.”.
“(
and inserting in their stead the words—
“(
“(
and inserting in their stead the words—
“(
“NOTICE OF DETERMINATION OF OBJECTION.
To—”
and inserting in their stead the words—
“To—
NOTICE OF DETERMINATION OF OBJECTION.”.
“Address—
Occupation—
an elector or person qualified to be an elector of the Commonwealth.”
and inserting in their stead the words—
“(
Occupation—
”.
“Address of witness—
Occupation of witness—”
and inserting in their stead the words—
Occupation—
Address—
“Form 26. Regulation 40 (1.)(a).
Commonwealth of Australia.
Commonwealth Electoral Act.
Referendum (Constitution Alteration) Act.
APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN ENROLLED ELECTOR.
To the Divisional Returning Officer for
the Electoral Division of (
I...........................................................................................................................................................
(
Christian names (in full ). )(Surname. )
Of.............................................................................................................................................................
(
.............................................................................................................. hereby apply for a Postal Vote
(
Occupation. )
Certificate and a Postal Ballot-paper or
Postal Ballot-papers to enable me to vote by post at the forthcoming
(b) Insert one or more of the following, as appropriate:—‘Senate Election’; ‘House of Representatives Election’; ‘Referendum’. I declare—
(1) that I am an elector enrolled on the Electoral Roll for the Subdivision of .......................... of the Division of............................ ;
(2) that my answers to the following questions are true:—
(c) Real place of living includes the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat.
| .............................................................. |
| .............................................................. |
(3) that the grounds
(
a ) that I will not throughout the hours of polling on polling day be within the State for which 1 am enrolled;(
b ) that I will not throughout the hours of polling on polling day be within five miles by the nearest practicable route of any polling booth open in the State for which 1 am enrolled;(
c ) that I will throughout the hours of polling on polling day be travelling under conditions which will preclude me from voting at any polling booth in the State for which I am enrolled;(
d ) that I am seriously ill or infirm and by reason of such illness or infirmity will be precluded from attending at any polling booth to vote;(
e ) that I will by approaching maternity be precluded from attending at any polling booth to vote;(
f ) that I am, by reason of my membership of a religious order or my religious beliefs, precluded—(i) from attending at a polling booth; or
(ii) from voting throughout the hours of polling on polling day or throughout the greater part of those hours.
The address to which the Postal
Vote Certificate
handwriting —Signed by the applicant in his own handwriting in my presence.
handwriting —
Dated at the
( g ) day of , 19 .
* The witness must be an elector whose name appears on the Roll for a State, for the Australian Capital Territory or for the Northern Territory or, where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the Queen’s dominions, a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions, or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory of the Commonwealth or a part of the Queen’s dominions.
“Form 26a. Regulation 40 (1.)(b).
Commonwealth of Australia.
Commonwealth Electoral Act.
Referendum (Constitution Alteration) Act.
APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR NOT LESS THAN 21 YEARS OF AGE TO WHOM SECTION 39a OF THE COMMONWEALTH ELECTORAL ACT APPLIES.
To the Assistant Returning Officer
at
I,.........................................................................................................................................................
(
Christian names (in full ). )(Surname. )
.................................................................................................................................................................
(
Rank, or, in the case of persons accompanying the Defence Force, designation. )....................................................................................................................................................
(
Number (if applicable ).) (Name of unit. )
.................................................................................................................................................................
(
.......................................................................................................................... in the Electoral Division
(
Of........................................................................................................... hereby apply for a Postal Vote
(
If not known, leave blank. )
Certificate and a Postal
Ballot-paper or Postal Ballot-papers to enable me to vote at the forthcoming
.................................................................................................................................................................
as an elector of the Electoral Division in which the abovementioned address is located.
I declare as follows:—
(1) the grounds on which I am entitled to vote are—
(
a ) that 1 am a member of the Defence Force on service outside Australia or a person accompanying a part of the Defence Force on service outside Australia;(
b ) that I am not less than 21 years of age;(
c ) that I have lived in Australia for six months continuously;(
d ) that 1 am a British subject; and(
e ) that my name does not appear on an Electoral Roll under the Commonwealth Electoral Act;
(2) the grounds on which I make this application are that I am an elector for the reasons set out above.
The address to which the Postal
Vote Certificate and the Postal Ballot-paper or Postal Ballot-papers may be
posted to me is as follows(
Signed by the applicant in his own handwriting in my presence.
Dated
at the
* The witness must be an elector whose name appears on the Roll for a State, for the Australian Capital Territory or for the Northern Territory or, where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the Queen’s dominions, a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions, or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory of the Commonwealth or a part of the Queen’s dominions.
“Form 26b. Regulation 40 (1.)(c).
Commonwealth Electoral Act.
Referendum (Constitution Alteration) Act.
APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR LESS THAN 21 YEARS OF AGE TO WHOM SECTION 39a OF THE COMMONWEALTH ELECTORAL ACT APPLIES.
To the Assistant Returning Officer
at (
I,.........................................................................................................................................................
(
Christian names (in full ). )(Surname. )
.................................................................................................................................................................
(
Rank (if applicable ). )(Number (if applicable ). )
............................................................................... of
(
.................................................................................................................................................................
...................................................................................................................... in the Electoral Division of
(
State. )
......................................................................................................................... hereby apply for a Postal
(
If not known, leave blank. )
Vote Certificate and a Postal
Ballot-paper or Postal Ballot-papers to enable me to vote by post at the
forthcoming
as an elector of the Electoral Division in which the abovementioned address is located.
I declare as follows:—
(1) the grounds on which I am entitled to vote are—
(
a ) that I am less than 21 years of age;(
b ) that—(i) I am a member of the Defence Force and am, or have been, on special service; or
(ii) my real place of living
( d ) is in Australia and I have ceased to be a member of the Defence Force but I have been on special service;(
c ) that at some time before the commencement of ‘special service’ referred to above, I lived in Australia for six months continuously; and(
d ) that I am a British subject.
(2) the grounds on which I make this application are that I am an elector for the reasons set out above.
The address to which the Postal
Vote Certificate and the Postal Ballot-paper or Postal Ballot-papers may be
posted to me is as follows
Signed by the applicant in his own handwriting in my presence.
handwriting —
Dated
at the
* The witness must be an elector whose name appears on the Roll for a State, for the Australian Capital Territory or for the Northern Territory or, where the applicant is outside Australia, an officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the Queen’s dominions, a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth or of a part of the Queen’s dominions, or a Justice of the Peace for, or a minister of religion or medical practitioner resident in, a Territory of the Commonwealth or a part of the Queen’s dominions.”.
(
a ) by omitting the words—“Note.—Any person who makes the signature of any other person in this certificate is liable to a penalty of Fifty pounds.”;
(
b ) by omitting the words—“Note.—Any person who signs this certificate as witness without having seen the voter sign the above certificate is liable to a penalty of Fifty pounds.”; and
(
c ) by omitting Notes (1), (2) and (3) and inserting in their stead the following Note:—“Note.—This envelope containing the ballot-paper (or ballot-papers) marked by the voter should be forthwith posted or delivered to the Divisional Returning Officer to whom it is addressed, but, if it cannot be delivered to that officer before the close of the poll or, if posted before the close of the poll, would not reach him before the end of the period of ten days immediately succeeding the close of the poll, it may be posted or delivered to any other Divisional Returning Officer or any Assistant Returning Officer or delivered on polling day to any Presiding Officer, but so as to reach him before the close of the poll.”.
“Form 30. Regulation 42 (5.).
The elector must not mark his vote on this ballot-paper until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.
POSTAL BALLOT-PAPER.
Commonwealth of Australia.
State of [
Submission to the Electors of a Proposed Law for the alteration of the Constitution.
DIRECTIONS:—Mark your vote on this ballot-paper as follows:—
If you APPROVE the proposed law, write the word Yes in the space provided opposite the question.
If you DO NOT APPROVE the proposed law, write the word No in the space provided opposite the question.
Do you approve the proposed law for the alteration
of the Constitution entitled [ |
FURTHER DIRECTIONS:—Fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope.
“Form 31. Regulation 42 (5.).
The elector must not mark his vote on this ballot-paper until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.
POSTAL BALLOT-PAPERS.
Commonwealth of Australia.
State of [
Submission to the Electors of Proposed Laws for the alteration of the Constitution.
1. Proposed law entitled [here set out the title of the proposed law ].DIRECTIONS:—Mark your vote on this ballot-paper as follows:—
If you APPROVE the proposed law, write the word Yes in the space provided opposite the question.
If you DO NOT APPROVE the proposed law, write the word No in the space provided opposite the question.
Do
you approve the proposed law for the alteration of the Constitution entitled [ |
2. Proposed law entitled [here set out the title of the proposed law ].DIRECTIONS:—Mark your vote on this ballot-paper as follows:—
If you APPROVE the proposed law, write the word Yes in the space provided opposite the question.
If you DO NOT APPROVE the proposed law, write the word No in the space provided opposite the question.
Do you approve the proposed law for the alteration
of the Constitution entitled [ |
FURTHER DIRECTIONS:—Fold the ballot-paper, place it in the envelope addressed to the Divisional Returning Officer and fasten the envelope.”.
“Form 35. Regulation 53 (3.).
ABSENT VOTE.
ballot-paper.
Commonwealth of Australia.
State
of [
Submission to the Electors of a Proposed Law for the alteration of the Constitution.
DIRECTIONS:—Mark your vote on this ballot-paper as follows:—
If you APPROVE the proposed law, write the word Yes in the space provided opposite the question.
If you DO NOT APPROVE the proposed law, write the word No in the space provided opposite the question.
Do you approve the proposed law
for the alteration of the Constitution entitled [ |
FURTHER DIRECTIONS:—Fold the ballot-paper so that the vote cannot be seen and return it to the Presiding Officer before whom you made your declaration.
“Form 36. Regulation 54.
ABSENT VOTE.
BALLOT-PAPERS.
Commonwealth of Australia.
State
of [
Submission to the Electors of Proposed Laws for the alteration of the Constitution.
1. Proposed law entitled [here set out the title of the proposed law ].DIRECTIONS:—Mark your vote on this ballot-paper as follows:—
If you APPROVE the proposed law, write the word Yes in the space provided opposite the question.
If you DO NOT APPROVE the proposed law, write the word No in the space provided opposite the question.
Do you approve the proposed law
for the alteration of the Constitution entitled [ |
2. Proposed law entitled [here set out the title of the proposed law ]DIRECTIONS:—Mark your vote on this ballot-paper as follows:—
If you APPROVE the proposed law, write the word Yes in the space provided opposite the question
If you DO NOT APPROVE the proposed law, write the word No in the space provided opposite the question.
Do you approve the proposed law
for the alteration of the Constitution entitled [ |
FURTHER DIRECTIONS:—Fold the ballot-paper so that the votes cannot be seen and return it to the Presiding Officer before whom you made your declaration.”.
“Note.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.”.
“Note.—A person making any untrue statement in this declaration is liable to a penalty of Twenty pounds.”.
“Form 49. Regulation 89 (1.).
Commonwealth of Australia.
Commonwealth Electoral Act.
State of
RETURN BY PROPRIETOR OR PUBLISHER OF A NEWSPAPER OF ELECTORAL MATTER PUBLISHED IN THAT NEWSPAPER 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
( e )
inserted
in the above newspaper in respect of which payment has been or is to be made,
the space occupied by such electoral matter, the amount paid or owing in
respect of such electoral 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. |
I,—
( b )
do solemnly and sincerely declare that this return is true in every particular.
Declared at the day of , 19 .
Justice of the Peace.”.
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