Electoral and Referendum Regulations (Amendment) (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1922 AND REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1919.
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
Dated this eighteenth day of October, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Home and Territories.
Amendment of Electoral and Referendum Regulations 1919.
(Statutory Rules 1919, No. 57, as amended by Statutory Rules 1919, Nos. 229, 260, 262, and 276, by Statutory Rules 1920, Nos. 126 and 261, and Statutory Rules 1922, No. 136.).
1a. Regulation 2 of the Electoral and Referendum Regulations is amended by omitting the words “Division 8.—Votes of persons whose names are not on certified list of voters or have been struck out of Certified List,” and inserting in their stead the words “Division 8.—Votes recorded in pursuance of sections 91a, 115 (3), 121, and 121a of the Act.”
“33a. The notification by a candidate of his desire to have his name included in a group with the names of other candidates in that proposed group and with those names only, may be in accordance with Form 20a.”
“(
c ) the full names of all candidates for that State in the order directed by the Commonwealth Electoral Officer for the State, and grouped as directed by that officer in accordance with the provisions of section 105a of the Act;”.
“48. (1) The Presiding Officer shall put to the elector the questions prescribed by sub-section (1) (
a ) of section 115 of the Act, and may, and at the request of any scrutineer shall, also put all or any of the questions prescribed by sub-section (1) (b ) of that section.“(2) If the Presiding Officer is satisfied, from the answers to the questions put to the elector under the provisions of section 115 of the Act, that he is entitled to vote, he may be allowed to vote as an absent voter on making a declaration in accordance with Form 26.
“(3) The form of declaration may be printed on an envelope addressed to the Divisional Returning Officer for the Division for which the elector declares that he is enrolled.
C. 14579.—Price 5d
“49. (1) If any person claiming to vote as an absent voter refuses to answer fully any question put to him under the authority of section 115 of the Act his claim to vote shall be rejected.
“(2) If from the answers of the elector to the questions put to him by the Presiding Officer under the provisions of section 115 of the Act the Presiding Officer is of opinion that the elector is not entitled to vote the Presiding Officer shall inform him that in his opinion his claim to vote should be rejected, and shall thereupon reject his claim to vote unless the elector alleges that his claim to vote should not be rejected and states the ground of his allegation and makes a declaration in accordance with Form 31a before the Presiding Officer as to the ground of his allegation.
“(3) The form of declaration may be printed on an envelope addressed to the Divisional Returning Officer for the Division for which the elector declares that he is enrolled.
“(4) When any person is permitted to vote under the provisions of regulation 48 or this regulation he shall mark and fold his ballot-paper in the manner directed on the ballot-paper and return it so folded to the Presiding Officer.”.
(
a ) by inserting in paragraph (b ) of sub-regulation (1), after the words “are enrolled for” the words “and are entitled to vote in respect of,”; and(
b ) by inserting in paragraph (c ) of that sub-regulation after the words “enrolled for” the words “, or are not entitled to vote in respect of,”.
“Division 8.—Votes recorded in pursuance of sections 91a, 115 (3), 121, and 121a of the Act.”
“70a. The ballot-paper to be used by a person claiming to vote pursuant to section 91a, 115 (3), 121, or 121a of the Act may be in accordance with the form prescribed to be used by an elector voting as an absent voter. The words ‘Absent Vote’ appearing on such ballot-paper may be struck out and the words ‘Section 91a’, ‘Section 115(3)’. ‘Section 121’, or ‘Section 121a’, as the case requires, substituted therefor.”.
(
a ) by omitting the figures “121” and by inserting in their stead the figures “91a, 115 (3), 121, or 121a”;(
b ) by omitting from paragraph (b ) the word “his” (first occurring) and inserting in its stead the word “each”;(
c ) by omitting from paragraph (c ) the words “his Divisional Returning Officer” and inserting in their stead the words “the Divisional Returning Officer for the Division for which the electors declare they are enrolled”;(
d ) by omitting from paragraph (c ) the word “his” (second occurring), and inserting in its stead the word “the”; and(
e ) by omitting from paragraph (d ) the words “his Divisional Returning Officer” and inserting in their stead the words “each Divisional Returning Officer concerned”.
(
а ) by omitting the figures “121” (wherever occurring) and inserting in their stead the figures “91a, 115 (3), 121, or 121a”: and(
b ) by omitting the words “that section” and inserting in their stead the words “any of those sections”.
“Form 20a. Regulation 33a.
Commonwealth of Australia.
The
State of—
Notification by a Candidate in a Senate Election of Desire to have Name Grouped with the Names of other Candidates.
To the Commonwealth Electoral Officer for the State of—
I, (1) , of , being duly nominated as a candidate in the Senate Election for the State of , to be held on the day of 192 , do hereby notify you that I desire to have my name included in a group of candidates in the said Election with the names of (2) and with those names only.
Dated the day of 192 .
Signature of Candidate.
Witness to signature—
Name—
Address—
Occupation—
an elector or person qualified to be an elector of the Commonwealth.”
Form 22, Regulation 40.
This application should be made and sent, after the
issue of the Writ for the election to which it relates
and before polling day
An application shall not be deemed to have been duly made, and a Postal Vote Certificate or Postal Ballot-paper shall not be issued in respect of it, unless the application reaches the Divisional Returning Officer to whom it is addressed before six o’clock in the afternoon of the day immediately preceding the polling day for the election.
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In order that a Postal Ballot-paper may be admitted to the scrutiny the envelope in which it is contained must be received, prior to the close of the poll, by the Divisional Returning Officer for the Division in respect of which the elector claims to vote.
Commonwealth of Australia. |
The |
The
Application for a Postal Vote Certificate and Postal Ballot-paper.
To the Divisional Returning Officer for the Electoral Division of (1)
I, (2) hereby apply for a Postal Vote Certificate and a Postal Ballot-paper (or Postal Ballot-papers) to enable me to vote by post at the next forthcoming Election.
Note.—“Election” in this application means a Senate Election, or a House of Representatives Election, or any Referendum (held under the provisions of the Referendum (Constitution Alteration) Act in force for the time being), or all of them, as the case requires.
I declare—
(1) That I am an elector enrolled on the Electoral Roll for the (3) Subdivision of the Division of (4)
(2) That my answers to the following questions are true and correct in every particular:―
Question. Applicant’s Answer.
(
The following question (A)must he answered by the applicant )(A) Is your real place of living within the Division in respect of which you claim to vote ?
(
The following question (B)must be answered by the applicant if his answer to question (A)is in the negative )(B) Are you temporarily living elsewhere than in the Division in respect of which you claim to vote, with a fixed intention of returning to your place of living in that Division for the purpose of continuing to live therein?..........
Form 22—
(
The following question (C)must be answered by the applicant if his answer to question (B)is in the negative )(C) Did you at any time since securing the enrolment for the Division in respect of which you claim to vote and before the commencement of the period of twenty-one days before the issue of the writ for the election in respect of which you claim to vote become entitled to be enrolled in respect of any other Division?............................................................................................
(3) That the ground on which I apply to vote by post is—
(
a ) That I will not throughout the hours of polling on polling day be within the State for which I am enrolled;(
b ) That I will not throughout the hours of polling on polling day be within ten miles by the nearest practicable route of any polling booth open in the State for which I am enrolled for the purposes of an election;(
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.
Note.—The elector will strike out any of the above grounds which do not apply to his or her particular case.
An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a Postal Vote Certificate and a Postal Ballot-paper, or in the declaration contained in such application.
Penalty: Fifty pounds, or imprisonment for one month.
I request that a Postal Vote Certificate and the necessary Postal Ballot-paper (or Postal Ballot-papers) to enable me to vote by post in respect of the Division of (4) in the State of may be forwarded to me at the following address:—
......................................................................
Signed by the elector in his own handwriting in my presence— Signature of Authorized Witness— ..................................................... (
| Signature of Elector— ..................................................... ( |
Address—
Dated at the day of 19.
Obligations of Authorized Witnesses.
An authorized witness shall not witness the signature of any elector to an application for a Postal Vote Certificate and Postal Ballot-paper unless—
(
a ) he has satisfied himself as to the identity of the applicant;(
b ) he has seen the applicant sign the application in his (the applicant’s) own handwriting; and(
c ) he knows that the statements contained in the application are true, or has satisfied himself by inquiry from the applicant or otherwise that the statements contained in the application are true.
Penalty: Fifty pounds, or imprisonment for one month.
An authorized witness shall not persuade or induce, or associate himself with any person in persuading or inducing, any person to make application for a Postal Vote Certificate and Postal Ballot-paper.
Penalty: Fifty pounds, or imprisonment for one month.
The authorized witness shall sign his name in his own handwriting on the application in the space provided for the purpose, and shall add the title under which he acts as an authorized witness, and the date.
The following persons are authorized witnesses, namely:—All Commonwealth Divisional Returning Officers, Assistant Returning Officers, and officers of the Public Service of the Commonwealth permanently employed in the office of any Commonwealth Electoral Officer of a State or Divisional Returning Officer; all Commonwealth Electoral Registrars; all Postmasters or Postmistresses or postal officials in charge of post offices; all Police or Stipendiary or Special Magistrates of the Commonwealth or of a State; all Justices of the Peace; all Head Teachers in the employment of a State Education Department; all officers of the Department of Trade and Customs; all members of the Police Force of the Commonwealth or of a State; all Mining Wardens and Mining Wardens’ Clerks in the Public Service of a State; all legally qualified Medical practitioners; all officers in charge of Quarantine Stations; all officers in charge of Lighthouses; all Pilots in the service of the Commonwealth or of a State or of any local governing body; all Telegraph Line Repairers permanently employed in the Public Service of the Commonwealth who are in charge of working parties; all Railway Stationmasters and Night Officers in charge who are permanently employed in the Railway Service of the Commonwealth or of a State; all Permanent Way Inspectors and Roadmasters employed in the Railway Service of the Commonwealth; all Superintendents of Mercantile Marine and their Deputies while permanently employed in the Public Service of the Commonwealth or of a State; all Naval Commissioned Officers in the Service of the Commonwealth while employed on a ship of war.
No person who is a candidate at any election shall be an authorized witness at that election.
Form 24. Regulation 42.
[
The elector should carefully read the directions for his guidance printed on the back of this ballot-paper, and in particular note that he must not mark his vote thereon until after he has first exhibited the ballot-paper (unmarked) to the authorized witness
Commonwealth of Australia.
State of [
The
Election of
[
POSTAL BALLOT-PAPER.
A ……………………………………………………………………………………………….
A …………………………………………………………………………………………………
A …………………………………………………………………………………………………
B …………………………………………………………………………………………………
B …………………………………………………………………………………………………
B …………………………………………………………………………………………………
C …………………………………………………………………………………………………
C …………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Note.—The letter “A” or “B” or “C” &c., appearing before the square opposite a candidate’s surname, indicates that that candidate and each other candidate who the same letter appearing before the square opposite his surname have been grouped by mutual consent. The fact that no letter appears before the square opposite a candidate’s surname indicates that the name of that candidate has not been included in any group
Form 24—
[
(
(
(
(
(
(
The authorized witness shall
not, unless the elector’s sight is so impaired that he cannot vote without
assistance, look at or make himself acquainted with the vote given by the
elector, and, except as provided in paragraph (
Every authorized witness shall—
(
a ) comply with the preceding directions in so far as they are to be complied with on his part;(
b ) see that the preceding directions are complied with by every elector voting by post before him, and by every person present when the elector votes; and(
c ) refrain from disclosing any knowledge of the vote of any elector voting by post before him.
Penalty: One hundred pounds, or imprisonment for three months.
Any person present when an elector is before an authorized witness for the purpose of voting by post shall—
(
a ) obey all directions of the authorized witness;(
b ) refrain from making any communication whatever to the elector in relation to his vote;
Form
24—
(
c )refrain from assisting the elector or in any manner interfering with him in relation to his vote;(
d ) except as provided in paragraph (f ) of the Directions to Elector and authorized Witness, refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.Penalty: One hundred pounds, or imprisonment for three months.
No person other than—
(
a ) an elector to whom a postal ballot-paper has been issued; or(
b ) an authorized witness acting in pursuance of paragraph (f ) of the Directions to Elector and Authorized Witness, assisting an elector whose sight is so impaired that he cannot vote without assistance, .
shall mark a vote upon a postal ballot-paper.
Penalty: One hundred pounds, or imprisonment for six months.
(
a ) by inserting after the words “Penalty: One hundred pounds, or imprisonment for three months” (second occurring) the words—
“
No person other than—
(
а ) an elector to whom a postal ballot-paper has been issued, or(
b ) an authorized witness, acting in pursuance of paragraph (f ) of the Directions to Elector and Authorized Witness, assisting an elector whose sight is so impaired that he cannot vote without assistance,
shall mark a vote upon a postal ballot-paper.
Penalty: One hundred pounds, or imprisonment for six months.”; and
(
b ) by omitting all words from and including the words “Duty of Person” to and including the words “one month”.
(
a ) by inserting after the words “Penalty: One hundred pounds, or imprisonment for three months.” (second occurring) the words—
“
No person other than—
(
a ) an elector to whom a postal ballot-paper has been issued, or(
b ) an authorized witness, acting in pursuance of paragraph (f ) of the Directions to Elector and Authorized Witness, assisting an elector whose sight is so impaired that he cannot vote without assistance,
shall mark a vote upon a postal ballot-paper.
Penalty: One hundred pounds, or imprisonment for six months.”; and
(
b ) by omitting all words from and including the words “ Duty of Person” to and including the words “one month”.
(
a ) by inserting after the words “Penalty: One hundred pounds, or imprisonment for three months.” (second occurring) the words—
No person other than—
(
a ) an elector to whom a postal ballot-paper has been issued, or(
b ) an authorized witness, acting in pursuance of paragraph (f ) of the Directions to Elector and Authorized Witness, assisting an elector whose sight is so impaired that he cannot vote without assistance,
shall mark a vote upon a postal ballot-paper.
Penalty: One hundred pounds, or imprisonment for six months.”; and
(
b ) by omitting all words from and including the words “Duty of Person” to and including the words “one month”.
Form 27. Regulation 51.
Absent Vote.
ballot-paper.
Commonwealth of Australia.
State of [
The
elector should retire alone to an unoccupied compartment of the booth, and
there, in private, mark his vote on this ballot-paper
A …………………………………………………………………………………………………
A …………………………………………………………………………………………………
A …………………………………………………………………………………………………
B …………………………………………………………………………………………………
B …………………………………………………………………………………………………
B …………………………………………………………………………………………………
C …………………………………………………………………………………………………
C …………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Note.—The letter “A” or “B” or “C” &c., appearing before the square opposite a candidate’s surname, indicates that that candidate and each other candidate who has the same letter appearing before the square opposite his surname have been grouped by mutual consent. The fact that no letter appears before the square opposite a candidate’s surname indicates that the name of that candidate has not been included in any group.
Form 31a.Regulation 70 (1).
Commonwealth of Australia.
The
The
Form of Declaration to be used at the Polling by a Person claiming to Vote under the Provisions of Section 91a, Section 115 (3), or Section 121a of the Commonwealth Electoral Act.
I, (
(
on Roll). on Roll). on Roll).
declare:—
(1) That I am enrolled on the Electoral Roll for the Subdivision of the Electoral Division of in the State of
(2) That I claim to vote under the provisions of Section* of the Commonwealth Electoral Act.
(3) That
Personal Signature of Voter—
Signed before me the day of 192 at polling place.
Presiding Officer.
Note.
* Insert 91a, 115 (3), or 121 a, as the case requires. Insert reasons which the voter alleges entitle him to vote.
1. This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.
2. The Presiding Officer shall then (subject to the provisions of Section 115 of the Act) initial and hand to the voter—
(
a ) one ballot-paper (headed “Section 91a”, or “Section 115(3)”, or “Section 121a”,as the case requires) for the Senate election for the above-mentioned State;(
b ) one ballot-paper (headed “Section 91a”, or “Section 115 (3)”, or “Section 121a”, as the case requires) for the House of Representatives election for the above-mentioned Division; and(
c ) one ballot-paper (headed “Section 91a”, or “Section 115 (3)”, or “Section 121a”, as the case requires) for each referendum for the above-mentioned State,
held on the date upon which this declaration is made.
3. The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote on each ballot-paper handed to him, in the manner directed thereon; (ii) fold each ballot-paper separately in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper or ballot-papers (as the case requires) so folded, to the Presiding Officer before whom he made his declaration.
4. The Presiding Officer will see that he receives from the voter each ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper or ballot-papers, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper or ballot-papers received from that voter, in the envelope bearing the declaration of the voter and addressed to the Divisional Returning Officer for the Division for which the voter declares that he is enrolled, securely fasten the envelope, and deposit it in the ballot-box.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
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