Electoral and Referendum Regulations (Amendment) (Cth)

COMMONWEALTH ELECTORAL ACT AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT—

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ELECTORAL AND REFERENDUM REGULATIONS.

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STATUTORY RULES 1961, No. 103.(a)

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Form of application for postal vote certificate and postal ballot-paper.

1. Regulation 40 of the Electoral and Referendum Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) For the purposes of section 85 of the Act, the prescribed form of application for a postal vote certificate and postal ballot-paper is Form 26.”; and

(b)by omitting from sub-regulation (2.) the words “or Returning Officer” and inserting in their stead the words “, Returning Officer or Assistant Returning Officer”.

Forms of postal ballot-paper— section 88.

2. Regulation 42 of the Electoral and Referendum Regulations is amended by omitting the words “or Returning Officer” (wherever occurring) and inserting in their stead the words “, Returning Officer or Assistant Returning Officer.”

Postal ballot— paper, etc., to be delivered to applicant or sent to his place of living.

3. Regulation 43 of the Electoral and Referendum Regulations is amended by omitting from sub-regulation (2.) the words “or Returning Officer” and inserting in their stead the words “, Returning Officer or Assistant Returning Officer”.

Repeal of regulations 92, 95 and 97.

4. Regulations 92, 95 and 97 of the Electoral and Referendum Regulations are repealed.

The Schedule— Form 2.

5. Form 2 in the Schedule to the Electoral and Referendum Regulations is amended—

(a) by omitting the words—

“(d) Former surname is to be filled in only in the case of a married woman who has changed her name by marriage since her last enrolment.”,

and inserting in their stead the words—

“(d) Former surname is to be filled in only by a person who has changed his or her name since last enrolment, including a woman who has changed her name by marriage since last enrolment.”; and

(b) by omitting the words—

“N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. A map and description of the boundaries of the Subdivision may be inspected at, and Electoral Forms for public use may be obtained from, any Post Office.”,

 

(a) Made under the Commonwealth Electoral Act 1918-1961 and the Referendum (Constitution Alteration) Act 1906-1936 on 2nd August, 1961; notified in the Commonwealth Gazette on 10th August, 1961.

 

and inserting in their stead the words—

“Note.—Electoral claim forms and envelopes in which the forms may be sent post free to the Electoral Registrar may be obtained at any electoral office or post office.”.

The Schedule— Form 14.

6. Form 14 in the Schedule to the Electoral and Referendum Regulations is amended—

(a) by omitting the words “not exceeding” (first occurring) and inserting in their stead the word “of”; and

(b) by omitting the words “not exceeding” (second occurring) and inserting in their stead the words “not less than Ten shillings and not more than”.

The Schedule— Form 26.

7. Form 26 in the Schedule to the Electoral and Referendum Regula-is amended—

(a) by omitting the first two paragraphs and inserting in their stead the following paragraphs:—

“This application should be made after the tenth day prior to the issue of the writ for the election to which it relates to the Divisional Returning Officer for the Division for which the applicant is enrolled or—

(a) if the applicant has reason to believe that he may not receive a postal vote certificate and postal ballot-paper from that officer in time to vote at that election—to some other Divisional Returning Officer or to the Registrar for a Subdivision declared to be a remote Subdivision in pursuance of sub-section (2.) of section 26 of the Commonwealth Electoral Act;

(b) if the applicant is enrolled for a Sub-division declared to be a remote Subdivision in pursuance of sub-section (2.) of section 26 of the Commonwealth Electoral Act—to the Registrar for that Subdivision;

(c) if the applicant is temporarily within the Australian Capital Territory—to the Returning Officer for that Territory at Canberra;

(d) if the applicant is temporarily within the Northern Territory of Australia—to the Returning Officer for that Territory at Darwin; or

(e) if the applicant is temporarily outside Australia—to an Assistant Returning Officer at a place outside Australia.

“Unless this application is received by the officer to whom it is made before 6 p.m. on the day preceding polling day, a postal vote certificate and postal ballot-paper will not be posted in response to it.

“A person who has not made an application for, or who has made an application for but has not been issued with, a postal vote certificate and postal ballot-paper may make an application in person before 8 p.m. on polling day to any of the officers referred to above.

“The times specified in the preceding paragraphs should be reckoned according to the standard or legal time at the place where the officer is or, if that place is outside Australia, according to the standard or legal time in the State or Territory in which the election is to be held.”;

(b) by omitting the words—

Number........................................................................

Postal Vote Certificate and Postal Ballot-paper issued / /19 .

Initials of Divisional Returning Officer for Division or Territory of

………………………..

and inserting in their stead the words—

Number.......................................................................

Postal Vote Certificate and Postal Ballot-paper issued / /19  ,

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

Initials of issuing officer

 

(c) by omitting the words—

“*If the application is being made to the Returning Officer for the Australian Capital Territory or to the Returning Officer for the Northern Territory this line and the declaration and the address on the other side of this form should be altered accordingly.”,

and inserting in their stead the words—

“*If the application is being made to an officer other than a Divisional Returning Officer, this line should be altered accordingly.”;

(d) by omitting the words—

“(e) That I will, by approaching maternity, be precluded from attending at any polling booth to vote.”,

and inserting in their stead the words—

“(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.”; and

(e) by omitting the words—

“or other part of the King’s dominions or a person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth”,

and inserting in their stead the words—

“or of some other part of the Queen’s dominions, a person employed in the Public Service of the Commonwealth, a Territory of the Commonwealth or 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”.

The Schedule— Form 39.

8. Form 39 in the Schedule to the Electoral and Referendum Regulatons is amended by omitting all the words after the words “[add, in the case of a referendum,as applied by the Referendum (Constitution Alteration) Act].” and inserting in their stead the following words:—

“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.”.

The Schedule— Form 45.

9. Form 45 in the Schedule to the Electoral and Referendum Regulations is amended by omitting all the words after the words “(add, in the case of a referendum,as applied by the Referendum (Constitution Alteration) Act), and of the regulations made thereunder.” and inserting in their stead the following words:—

“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.”.

The Schedule— Form 51.

10. Form 51 in the Schedule to the Electoral and Referendum Regulations is amended by omitting the word, figures and letter “sub-section 14(a)” and inserting in their stead the words, letter and figures “paragraph (a) of sub-section (12.)”.

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