Electoral and Referendum Regulations (Cth)

STATUTORY RULES.

1926. No. 201.

REGULATIONS UNDER THE COMMONWEALTH ELECTORAL ACT 1918-1925 AND THE REFERENDUM (CONSTITUTION ALTERATION) ACT 1906-1926.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Electoral Act 1918-1925 and the Referendum (Constitution Alteration) Act 1906-1926 to come into operation forthwith.

Dated the twenty-second day of December, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

T. W. GLASGOW,

Minister of State for Home and Territories.

PART I.—PRELIMINARY.

Short title.

1. These Regulations may be cited as the Electoral and Referendum Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Electoral—

Division 1.—Enrolment.
Division 2.—Enforcement of law in relation to enrolment.
Division 3.—Objections.
Division 4.—Miscellaneous.

Part III.—Electoral and Referendum—

Division 1.—Conduct of Elections and Referendums.
Division 2.—Voting by Post.
Division 3.—Facilities for voting as an Absent Voter.
Division 4.—Forms of Absent Voters’ Ballot-papers.
Division 5.—Records in connexion with Absent Votes.
Division 6.—Scrutiny of Absent Voters’ Ballot-papers.
Division 7.—Scrutiny of Postal Ballot-papers.
Division 8.—Votes recorded in pursuance of Sections 91a, 115( 3), 121 and 121a of the Act.
Division 9.—Scrutiny by Assistant Returning Officer.
Division 10.—Recount of Ballot-papers.
Division 11.—Enforcement of law in relation to Compulsory Voting.
Division 12.—Miscellaneous.

Part IV.—Referendum.

C.15674.—Price 1s. 6d.

Electoral Regulations, 3—9]

Repeal.

3. (1) The Electoral and Referendum Regulations 1919 being Statutory Rules 1919, No. 57, as amended by Statutory Rules 1919, Nos. 229, 260, 262, and 276, Statutory Rules 1920, Nos. 126 and 261, Statutory Rules 1922, Nos. 136 and 163, Statutory Rules 1924, Nos. 69 and 206, Statutory Rules 1925, Nos. 167 and 210, and Statutory Rules 1926, Nos. 113 and 117, made under the Commonwealth Electoral Act 1918-1925 and the Referendum (Constitution Alteration) Act 1906-1926 are hereby repealed.

Application of regulations in relation to joint rolls.

4. These Regulations shall not apply in relation to joint rolls in any State with which an arrangement pursuant to section 32 of the Act is made, so far as provision is made by any joint regulations relating thereto, but shall, to the extent to which they are applicable, apply in relation to other matters in connexion with those joint rolls, and, for the purposes of the application of any regulations relating to compulsory enrolment, any reference in these Regulations to a form shall, where an appropriate form is provided by the joint regulations, include a reference to the form so provided.

Definitions.

5. In these regulations, unless the contrary intention appears—

“Referendum” means a referendum held under the provisions of the Referendum (Constitution Alteration) Act for the time being in force;
“The Act” means the Commonwealth Electoral Act 1918 as amended from time to time.

Any reference to a form shall be read as a reference to a form in the Schedule.

PART II.—ELECTORAL.

Division 1.—Enrolment.

Form of roll. Sec. 31.

6. The Roll may be in accordance with Form 1, and shall contain the particulars indicated therein.

Sale of electoral rolls. Sec. 37 (1).

7. The prices at which Rolls shall be sold shall be as follow:—

s.	d.
Principal Roll for a Division...............................................................................	2	0
Principal Roll for a Subdivision..........................................................................	0	6
Supplemental Roll for a Division........................................................................	0	6
Supplemental Roll for a Subdivision...................................................................	0	3

Form of electoral claim. Secs. 40-42 and 47.

8. (1) The form of claim for enrolment, or transfer of enrolment, of notification of change of address within the same Subdivision, may be in accordance with Form 2.

(2) Any person applying for correction of the entry on the Roll of his name or particulars of enrolment may apply in accordance with Form 2 the case requires, or in such other form, signed by the applicant, as the Registrar approves.

Registration of claim. Secs. 43 (1), 47 (1) (a) and (b).

9. (1) Upon receipt of a claim for enrolment or transfer of enrolment or notification of change of address within the Subdivision, or application for the alteration or correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and if the

[Electoral Regulations, 10—16

claim, notification, or application is in order and he is satisfied that the claimant is entitled to be enrolled or to have his name transferred or the particulars of his enrolment altered or corrected, the Registrar shall forthwith—

(i) enter on the Subdivision Roll the name of the claimant and the particulars relating to him or alter or correct the particulars of his enrolment, as the case requires; and
(ii) in the case of an enrolment or a transfer of enrolment, notify the claimant in accordance with Form 3 that he has been enrolled; and
(iii) in the case of a transfer of enrolment give notice of the transfer to the Registrar keeping the Subdivision Roll from which the elector’s name has been transferred.

(2) An interim acknowledgment of the receipt, after the issue of the Writ for an election or a referendum, and before the close of the polling at the election or referendum, of a claim for enrolment or transfer of enrolment, may be issued to the elector by the Registrar, in the form authorized by the Chief Electoral Officer.

Notification oftransfer of enrolment. Sec. 43 (1).

10. The notification of the transfer of the enrolment of an elector, or the enrolments of electors, may be in accordance with Form 4.

Reference of claim to Divisional Returning Officer. Sec. 44 (1).

11. (1) The reference of an Electoral Claim to the Divisional Returning Officer for his decision pursuant to section 44 (1) of the Act may be made in the form authorized by the Chief Electoral Officer.

(2) The notification to the claimant of such reference may be in accordance with Form 5.

Notification of rejection of claim. Sec. 44 (4).

12. (1) The notification by the Divisional Returning Officer to the Registrar of the rejection of an Electoral Claim may be in the form authorized by the Chief Electoral Officer.

(2) The notification to the claimant of the rejection of an Electoral Claim may be in accordance with Form 6.

Formally defective claim.

13. The Registrar, upon receipt of an Electoral Claim which is not in order by reason of some formal defect only, may send to the claimant a notification in accordance with Form 7 indicating the nature of the defect, and, as the case requires—

(a) return the Claim to him for completion or correction; or

(b) furnish him with a fresh form of Claim for completion.

Certificate authorizing removal of name. Sec. 47 (1) (h).

14. The certificate of the Commonwealth Electoral Officer authorizing the removal of the name of an elector, or the names of electors, from a roll, and the direction of the Divisional Returning Officer thereon, may be in accordance with Form 8.

Notification of removal of name from roll. Sec. 47 (1) (h).

15. Where a name is removed from a Roll by direction of the Divisional Returning Officer upon the certificate of the Commonwealth Electoral Officer pursuant to Section 41 (1) (h) of the Act, the Registrar shall send to the elector whose name is so removed a notification in accordance with Form 9.

Change of electors from one roll to another under Section 28 of Act. See. 28.

16. (1) The change of electors from one Roll to another in accordance with section 28 of the Act shall be effected, where necessary, by removing the names of the electors from the Roll from which they are changed, and by inserting the names so removed on the Roll to which they are changed.

Electoral Regulations, 17—20]

(2) In the following cases notice of the change shall be given by notice in the Gazette and in some newspaper circulating in the part affected:—

(a) when a Subdivision is abolished and all electors whose names are on the roll for that Subdivision are changed to another Subdivision roll; or
(b) when by reason of the alteration of the boundaries of a Division, any Subdivision is changed from one Division to another Division, and all the names of electors which are on the Subdivision roll for the first-mentioned Division are changed to a Subdivision roll for the last-mentioned Division; or
(c) when in consequence of a proclamation for the preparation of new rolls or action thereunder (other than action by an elector), the enrolment of any electors is changed to a Subdivision or Division which differs in name from the Subdivision or Division for which they were enrolled prior to the proclamation, and in the opinion of the Officer charged with the preparation of the new rolls, a reasonably effective notice, generally applicable to all electors in a Subdivision whose enrolments have been changed can be so given.

(3) In any case to which the last preceding sub-regulation does not apply, notice of the change shall be sent by post to each elector concerned, and may be in accordance with Form 10.

Division 2.—Enforcement of Law in Relation to Enrolment.

Inquiry and report by Registrar. Sec. 42.

17. The Registrar shall, subject to such directions as he receives from the Divisional Returning Officer, make such inquiries from time to time as are practicable in order to ascertain the names of qualified persons who are entitled to enrolment for the Subdivision for which he keeps the Roll, but are not enrolled therefor, and shall, when any failure to comply with the law is disclosed, report to the Divisional Returning Officer in accordance with Form 11.

Notification in respect of offence. See. 42.

18. Subject to such directions as are issued by the Chief Electoral Officer, the Divisional Returning Officer shall, if satisfied that a qualified person has failed to comply with the requirements of Section 42 of the Act, forthwith notify him of such failure in accordance with Form 12, and inform him that he may reply by Statutory Declaration setting out any facts relevant to the matter, and that he has the option of having the matter dealt with either by the Commonwealth Electoral Officer for the State, or by a Court of Summary Jurisdiction.

Consent to matter being dealt with by Commonwealth Electoral Officer. Sec. 42.

19. Any person to whom a notification has been sent pursuant to the last preceding regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the Divisional Returning Officer in accordance with Form 18.

Proceedings upon receipt of consent to matter being dealt with by Commonwealth Electoral Officer. Sec. 42.

20. Upon the receipt from a person who has failed to comply with the requirements of Section 42 of the Act, of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and undertaking to abide by the decision of that officer, the Divisional Returning Officer shall consider the statements contained in the Statutory Declaration (if any) submitted by the person, make such further inquiry as he deems

[Electoral Regulations, 21—24

necessary, and, unless he decides to withdraw the case, transmit the Statutory Declaration (if any) and notification, with a report as to the facts and his opinion thereon, to the Commonwealth Electoral Officer.

Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer. Sec. 42.

21. (1) Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt of a report from a Divisional Returning Officer in respect of an alleged contravention of Section 42 of the Act, consider all the facts, and if satisfied that the person concerned is in default or has contravened the provisions of the Section, he may make an order imposing upon that person a penalty not exceeding Ten shillings for a first offence, and not exceeding Two pounds for any subsequent offence, and notify the Divisional Returning Officer thereof and of the time allowed for payment.

(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this Regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of Regulation 23 of these Regulations.

(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this Regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty. Sec. 42.

22. The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any person for a contravention of Section 42 of the Act, shall notify the person in accordance with Form 14.

Enforcement of penalties.

23. (1) Any order made by a Commonwealth Electoral Officer under Regulation 21 of these Regulations imposing a penalty, may be filed in any Court of Summary Jurisdiction, and thereupon the order shall have effect as if it were an Order of that Court.

(2) Subject to these Regulations, all laws of the State relating to the enforcement of Orders of Courts of Summary Jurisdiction in force in the place where the Court in which the Order is filed is situated shall, to the extent to which they are applicable, apply to all matters relating or incidental to, or in connexion with, the enforcement of the penalty specified in the Order so filed, and to any process for such enforcement.

(3) On the application of a Divisional Returning Officer, any justice of the peace having jurisdiction in the place may issue a warrant of execution, or other applicable process, for the purpose of the enforcement of the Order so filed.

(4) A warrant of execution or other applicable process may be in accordance with any form of warrant of execution or distress or other process applicable to the circumstances under any law in force in the State where the warrant is issued.

(5) Any form of warrant of execution, or other process, whether provided by these Regulations or by the law of the State, may be varied according to the circumstances of the case, and no warrant of execution, or other process, shall be held to be invalid by reason of want of form.

Proceedings where matter not dealt with by Commonwealth Electoral Officer. Sec. 42.

24. (1) Where any person to whom a notification pursuant to regulation 18 has been sent fails, within the time allowed, to reply thereto, or does not within that time consent to the matter being dealt with by the Commonwealth Electoral Officer, the Divisional Returning Officer shall, subject to such directions as he receives from the Commonwealth Electoral Officer,

Electoral Regulations, 25—29]

if he is satisfied that such person has contravened Section 42 of the Act, cause proceedings to be instituted against him in a Court of Summary Jurisdiction:

Provided that where the Divisional Returning Officer, with the concurrence of the Commonwealth Electoral Officer for the State, deems it advisable, the Registrar for the Subdivision may institute proceedings in his own name, and in any such proceedings the authority of the Registrar shall not be questioned.

(2) If, in any case, in which proceedings are instituted in a Court of Summary Jurisdiction, the Divisional Returning Officer has received from the person concerned a Statutory Declaration in pursuance of regulation 18 he shall, as far as it is practicable and necessary for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, cause the declaration to be brought to the notice of the Court.

(3) The Court shall at the hearing of the case consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out had been given in evidence before it.

Declaration of prosecuting officer to be considered by Court.

25. (1) In any prosecution in respect of any contravention of Section 42 of the Act the prosecuting officer may lodge with the Court a statutory declaration in support of the charge, and it shall not then be necessary for him to attend at the hearing.

(2) Where a statutory declaration has been lodged as provided by this regulation and the prosecuting officer is not present at the hearing, the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration as if the matter set out therein had been given in evidence before it.

(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signatures thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.

Division 3.—Objections.

Notice of objection. Sec. 53.

26. (1) The notice of objection lodged by an elector or officer—not being a Registrar—in respect of a name on a Roll may be in accordance with Form 15.

(2) The notice of objection lodged by a Registrar in respect of a name on a Roll and the direction of the Divisional Returning Officer may be in accordance with Form 16.

Notice to person objected to on the ground of non-residence. Sec. 55.

27. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to upon the ground of non-residence may be in accordance with Form 17.

Notice to person objected to on ground other than non-residence. Sec. 55.

28. The notice to be forwarded by the Divisional Returning Officer to a person whose name has been objected to on a ground other than non-residence may be in accordance with Form 18.

Manner of answering objection. Sec. 56.

29. Any person against whom an objection has been lodged or made may answer the objection as follows:—

(a) by attending before the Divisional Returning Officer at the place mentioned in the notice sent by the Divisional Returning Officer to him and making an oral statement to show that the objection is not good; or

[Electoral Regulations, 30—34
(b) by sending by post or delivering to the Divisional Returning Officer at his office a statement in writing to show that the objection is not good.

Inquiry into objection. Sec. 57.

30. Before determining an objection, the Divisional Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.

Notice of determination of objection. Sec. 57.

31. (1) Upon determining an objection the Divisional Returning Officer shall send notice of his decision in accordance with Form 19 to the objector if the objector is not a Registrar, and to the person objected to if the person objected to has answered the objection within the prescribed period.

(2) Where an objector is a Registrar, notice of the decision on the objection may be sent to him in accordance with the indorsement on Form 16, and such notice may contain a direction for the removal of an elector’s name from the Roll when an objection has been sustained.

Division 4.—Miscellaneous.

Electoral appeals. Sec. 58.

32. (1) An application under section 58 of the Act to a court of summary jurisdiction may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment or transfer of enrolment (regulation 12), or of notice of the determination of an objection (regulation 31), and may be made in writing in the form of a complaint setting out the material facts and asking that the Divisional Returning Officer be summoned to answer the complaint.

(2) Upon the complaint being lodged with him, the clerk of the court shall issue a summons to the Divisional Returning Officer to appear before the court at a time and place mentioned in the summons to answer the complaint and produce all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires.

(3) The Divisional Returning Officer may, by himself or some person appointed to represent him, appear at the hearing and produce to the court all papers connected with the claim for enrolment or transfer of enrolment, or the objection, as the case requires, but, if he does not desire to appear, he may send the papers to the clerk, to be produced at the hearing, together with a statement in writing containing such observations as he sees fit to make, and any such statement shall be considered by the court at the hearing

(4) The Divisional Returning Officer, if present at the hearing, or the person representing him, shall be entitled to be heard.

Part III.—Electoral and Referendum.

Division 1.—Conduct of Elections and Referendums.

Notification of desire to be grouped Sec. 72A.

33. 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 20.

Undertaking by Officers and Scrutineers Secs. 98 and 108.

34. (1) Every Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Substitute Presiding Officer, Poll Clerk, and Scrutineer shall make and subscribe an undertaking in accordance with Form 21.

(2) An omission by a Divisional Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Substitute Presiding Officer, Poll Clerk, or Scrutineer to sign the undertaking required by this Regulation shall not be a ground for setting aside any election or referendum.

Electoral and Referendum Regulations, 35—42]

Polling places Sec. 27.

35. (1) The polling places for a Subdivision shall be those polling places which are declared by the Minister by Gazette notice to be the polling places for that Subdivision and for all electors who are enrolled for that Subdivision.

(2) Until polling places are declared by the Minister in pursuance of this Regulation, the polling places declared in pursuance of regulations repealed by these Regulations shall be deemed to be polling places declared for the purpose of this Regulation.

Use of polling booth for two elections, &c. Sec. 98.

36. The polling booths and ballot-boxes provided for the purposes of any election may be used for the purposes of any other election or any referendum or referendums held on the same day; but the ballot-papers for each election and referendum shall be distinctively coloured.

Provided that where in pursuance of section 14a of the Referendum (Constitution Alteration) Act 1906-1926 two or more forms of referendum ballot-paper are on one piece of paper those forms of ballot-paper may be of the same colour.

Ballot-boxes. Sec. 102.

37. Each ballot-box shall have a cleft in the cover through which the ballot-papers may be deposited in the ballot-box, and shall be provided with means for securely closing the cleft. The ballot-box shall also be capable of being securely fastened by means of a lock.

Official mark. Sec. 133.

38. The official mark for the authentication of ballot-papers shall be a water mark in the paper thereof, consisting of a representation of a shield having therein the letters “C A” intertwined.

Endorsement on ballot-papers. Secs. 90 and 107.

39. A circle containing the words “Divisional Returning Officer’s initials,” or “Presiding Officer’s initials,” as the case requires, may be printed on the back of any ballot-paper, and the words “Postal Vote” or “Absent Vote” may be printed or written on the back of any postal ballot-paper or absent voter’s ballot-paper, as the case requires.

Division 2.—Voting by Post.

Form of application for postal vote certificate and postal ballot-paper. Sec. 85.

40. (1) The application for a postal vote certificate and a postal ballot-paper or postal ballot-papers for a Senate election or a House of Representatives election or a referendum, or all of them, as the case requires, may be in accordance with Form 22.

(2) The application shall state the place which will be the place of living of the applicant elector at the time when a postal vote certificate and postal ballot-paper (or postal ballot-papers) would in the ordinary course of post be delivered to him.

Form of postal vote certificate. Sec. 88.

41. (1) The postal vote certificate may be in accordance with Form 23. (2) The form may be printed on an envelope addressed to the Divisional Returning Officer for the Division for which the elector named in the certificate declares that he is enrolled.

Forms of postal ballot-paper. Sec. 88.

42. (1) The postal ballot-paper for a Senate election may be in accordance with Form 24.

(2) Before issuing any postal ballot-paper for a Senate election, the Divisional Returning Officer shall, if the particulars are not already printed thereon, insert in the ballot-paper—

(a) the name of the State for which the voter declares that he is enrolled;
(b) the number of candidates to be elected;

[Electoral and Referendum Regulations, 43—48
(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; and
(d) the prescribed number of candidates for which the voter must indicate the order of his preference.

(3) The postal ballot-paper for a House of Representatives election may be in accordance with Form 25.

(4) Before issuing a postal ballot-paper for a House of Representatives election the Divisional Returning Officer shall, if the particulars are not already printed thereon, fill in (a) the name of the State and the name of the Division for which the voter declares that be is enrolled; and (b) the full names of all the candidates for that Division, in alphabetical order according to their surnames.

(5) The postal ballot-paper for a referendum may be in accordance with Form 26 or 27 as the case requires.

(6) Before issuing a referendum postal ballot-paper for any State in the Commonwealth other than the State in which the Divisional Returning Officer performs his duties, he shall strike out the name of the State printed thereon and insert the name of the State for which the applicant declares that he is enrolled.

Postal ballot-paper, &c., to be delivered to applicant or sent to his place of living.

43. The postal vote certificate and postal ballot-paper (or postal ballot-papers) shall be delivered to the applicant elector personally or sent by post to him at the place stated in his application in accordance with the provisions of sub-regulation (2) of regulation 40 of these regulations.

Manner of marking postal votes.

44. In a Senate election, or a House of Representatives election, or a referendum a voter voting by post shall mark his vote on his postal ballot-paper in the manner indicated in the directions set forth on the ballot-paper.

Ballot-box for postal votes.

45. The Returning Officer for each Division shall keep a locked and sealed ballot-box with the words “Postal Ballot-box” marked thereon, and shall place and keep therein until the scrutiny all envelopes containing postal ballot-papers received up to the close of the poll.

Division 3.—Facilities for Voting as an Absent Voter.

Where an elector may vote as an absent voter. Sec. 113.

46. In a Senate election, or a House of Representatives election, or a referendum, an elector may, subject to these Regulations, vote as an absent voter on polling day at any polling place within the State for which he is enrolled, not being a prescribed polling place for the Subdivision for which he is enrolled, provided that a polling booth is open under the law on that day at such polling place, and provided further, and it is hereby declared, that the privilege of voting at a polling place as an absent voter is dependent upon the arrangements of the polling place, at which the elector claims to vote as an absent voter, being such as to enable the vote to be recorded, and to be recorded without interference with the rights of the electors enrolled for the Subdivision for which the polling place is prescribed.

Voter to state name and particulars. Sec. 113.

47. The elector must state his name, his place of living, and occupations as appearing on the Roll, and the Division for which he is enrolled, and, to the best of his knowledge, the Subdivision for which he is enrolled.

Questions to be put to voter. Sec. 113.

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 the said section.

C.15674.—2

[Electoral and Referendum Regulations, 49—40

(2) If the Presiding Officer is satisfied, from the answers to the questions put 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 28.

(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.

Refusal by voter to answer questions.

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 grounds of his allegation and makes a declaration in accordance with Form 35 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.

Physically incapacitated or illiterate electors.

50. If any elector who claims to vote as an absent voter satisfies the Presiding Officer that his sight is so impaired or that he is so physically incapacitated or illiterate that he is unable to vote without assistance, the Presiding Officer, in the presence of such scrutineers as may be present, or, if there be no scrutineers present, then—

(i) in the presence of the Poll Clerk, or
(ii) if the elector so desires, in the presence of a person appointed by such elector, instead of the Poll Clerk

shall take the following action:—

(a) fill in the form of declaration with the required particular relating to the enrolment of the elector, as requested by such elector;
(b) read over to the elector the form of declaration;
(c) require the elector to sign the form of declaration—
(i) in his own handwriting if he is able to do so; or
(ii) with his mark as his personal signature if he is unable to sign his name in his own handwriting;
(d) cause the signature of the elector, if made by means of a mark to be witnessed by a scrutineer present, or, if no scrutineer be present, by the Poll Clerk or the person appointed by the elector;
(e) complete and attest the declaration;
(f) mark and fold the ballot-paper or ballot-papers (as the case requires) for the elector;
(g) enclose the ballot-paper or ballot-papers in the envelope bearing the absent voter’s declaration; and
(h) securely fasten the envelope and deal with it in the manner directed in relation to other absent voters’ ballot-papers.

Electoral and Referendum Regulations, 51—57]

Division—Forms of Absent Voters’ Ballot Papers.

Absent voter’s ballot-paper—Senate election. Sec. 113.

51. The ballot-paper for a Senate Election to be used by an elector voting as an absent voter may be in accordance with Form 29, provided that the names of the Candidates, and the name of the State and the name of the Division, may be either printed or written thereon.

Absent voter’s ballot-paper—House of Representatives election. Sec. 113.

52. The ballot-paper for a House of Representatives Election to be used by an elector voting as an absent voter may be in accordance with Form 30, provided that the names of the Candidates, and the name of the State and the name of the Division, may be either printed or written thereon.

Absent voter’s ballot-paper for referendum in respect of one proposed law.

53. The ballot-paper for a referendum in respect of one proposed law, to be used by an elector voting as an absent voter, may be in accordance with Form 31.

Absent voter’s ballot-paper for referendum in respect of two of more proposed laws.

54. Where two or more proposed laws are submitted to the electors on the same day under the provisions of the Referendum (Constitution Alteration) Act in force for the time being the ballot-papers relating to any two or more of those proposed laws, to be used by an elector voting as an absent voter, may be included in one special form of ballot-paper, which may be in accordance with Form 32.

Division 5.—Records in connexion with Absent Votes

Record of absent voters.

55. The Presiding Officer shall make a record of the name of each elector who has voted at his polling booth as an absent voter at an election or referendum, together with the names of the Division and Subdivision for which the elector declares that he is enrolled as indicated on the form of declaration, and, at the close of the poll, shall forward the record, duly certified, under seal, to the Assistant Returning Officer.

Absent voters’ ballot-papers—action by Assistant Returning Officer. Sec. 113.

56. The Assistant Returning Officer, on receipt from a Presiding Officer of a ballot-box containing absent voters’ ballot-papers enclosed in the envelopes bearing the electors’ declarations, will take the following action:—

(a) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;
(b) place in a separate parcel the envelopes addressed to each Divisional Returning Officer, indorse on each parcel the total number of envelopes contained therein, and add his signature and the date;
(c) place each parcel in an outer cover, fully addressed to the Divisional Returning Officer for the Division for which the electors declare that they are enrolled, fasten and seal the cover, and forthwith transmit the package by registered post to the Divisional Returning Officer;
(d) immediately advise, by telegraph or by such other expeditious means as may be directed, each Divisional Returning Officer concerned of the total number of envelopes, bearing absent voters’ declarations, so forwarded to him.

Custody of absent voters’ ballot-papers. Sec. 113.

57. The Divisional Returning Officer shall preserve in his custody—

(a) a book, in which he shall record from time to time the number of envelopes bearing absent voters’ declarations received by him from each Assistant Returning Officer:

[Electoral and Referendum Regulations, 58—59]

(b) a locked and sealed ballot-box, marked “Absent Voters’ Ballot-box,” in which he shall forthwith place all envelopes bearing absent voters’ declarations received by him from Assistant Returning Officers.

Division 6.—Scrutiny of Absent Voters’ Ballot-papers.

Who may attend scrutiny. Sec. 113.

58. The scrutiny of absent voters’ ballot-papers shall commence as soon as practicable after the close of the poll, and shall be conducted, with the assistance of at least one Assistant Returning Officer, in the presence of such authorized scrutineers as choose to attend and any other persons approved by the Divisional Returning Officer.

Preliminary scrutiny. Sec. 113.

59. (1) The Divisional Returning Officer shall—

(a) produce and open the absent voters’ ballot-box in which the envelopes containing the absent voters’ ballot-papers have been placed;
(b) place in one parcel the unopened envelopes bearing the duly signed and attested declarations of those persons who he is satisfied are enrolled for and are entitled to vote in respect of, his Division, accept for further scrutiny the ballot-papers contained therein, and place a mark opposite the name of each of such persons on a certified copy of the Roll to be used by him for the purposes of the scrutiny;
(c) place in another parcel the unopened envelopes bearing the declarations of those persons who he is satisfied are not enrolled for, or are not entitled to vote in respect of, his Division, or whose declarations are not duly signed and attested, fasten and seal the parcel, indorse thereon the words “absent voters’ ballot-papers rejected at the preliminary scrutiny,” and add the name of the Division, his signature, and the date:
Provided that an absent voter’s ballot-paper shall not be rejected at the preliminary scrutiny by reason only of the fact that the Presiding Officer has omitted to attest the declaration of the elector if before the declaration of the poll the officer certifies that the omission was due to inadvertence, and that the declaration was, as a matter of fact, duly signed in such officer’s presence;
(d) place the envelopes containing the ballot-papers which he has decided to accept for further scrutiny before him on a table in such a manner that the face only of each envelope bearing the address of the Divisional Returning Officer shall be visible;
(e) number each envelope consecutively from one upwards in the top right-hand corner until the whole of the envelopes have been dealt with, and initial each number;
(f) without further examining the declaration of any voter, or permitting any other person to do so, withdraw from the envelop each ballot-paper contained therein, and, without inspecting or unfolding such ballot-paper, or allowing any other person to do so, place thereon a number corresponding with that placed on the envelope from which the ballot-paper has been withdrawn, initial the number, and forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny;

[Electoral and Referendum Regulations, 60—61]
(g) place the envelopes in a parcel, indorsed with the words “Envelopes bearing absent voters’ declarations from which ballot-papers have been withdrawn for further scrutiny,” fasten and seal the parcel, add the name of the Division, his signature, and the date.

(2) It shall not be necessary for the Divisional Returning Officer to await the receipt of the whole of the envelopes containing absent voters’ ballot-papers for his Division before proceeding with the further scrutiny of the ballot-papers which have been placed in the ballot-box referred to in paragraph (f) of the preceding sub-regulation, but he shall keep sufficient uncounted ballot-papers in the ballot-box to insure that all ballot-papers for an election or referendum, when counted, shall be taken from a number sufficient to prevent the identity of the voters from being disclosed.

Further scrutiny. Sec. 113.

60. At the further scrutiny, the Divisional Returning Officer shall open the ballot-box referred to in Regulation 59 (1) (f), examine the absent voters’ ballot-papers contained therein, and shall—

(a) in a Senate election or in a House of Representatives election—
(i) reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;
(ii) count the first preference votes given for each candidate on all unrejected ballot-papers; and
(b) in a referendum, allow and count the ballot-papers which are formal and disallow and reject those which are informal.

Informal ballot-papers. Sec. 113.

61. (1) Au absent voter’s ballot-paper shall be informal—

(a) if in a Senate election or a House of Representatives election, or in a referendum, it is not authenticated by the initials of the proper officer, or by the official mark as prescribed under the provisions of the Commonwealth Electoral Act or the Referendum (Constitution Alteration) Act (as the case requires) in force for the time being; or
(b) if in a Senate election it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate and his consecutive [preferences for so many other candidates as will, with the candidate for whom he votes as his first preference, be equal to twice the number of the candidates to be elected, plus one, or, if there are fewer candidates than that number, the total number of candidates; or
(c) if in a House of Representatives election it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate and, in the case of any election where there are more than two candidates, his contingent votes for all the remaining candidates;
Provided that in a House of Representatives election at which there are not more than two candidates, the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of a ballot-paper marked so as to indicate the voter’s first preference only; or
(d) if in a referendum it has no vote marked on it, or has more than one vote marked on it; or

[Electoral and Referendum Regulations, 62—64]

(e) if in a Senate election or a House of Representatives election, or in a referendum, it has upon it any mark or writing (not lawfully authorized to be put upon it) by which, in the opinion of the Divisional Returning Officer the voter can be identified; or
(f) if in a Senate election or a House of Representatives election, or in a referendum, it is not contained in the envelope bearing the declaration of the elector:
Provided that paragraph (e) of this sub-regulation shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of the law; but if any officer unlawfully places any mark or writing on any ballot-paper which would enable any person to identify the voter to whom it is issued, he shall be liable to a penalty not exceeding £10.

(2) In a Senate election or a House of Representatives election an absent voter’s ballot-paper shall not be rejected as informal merely because the surname only of any candidate has been written thereon, if no other candidate has the same surname, or by reason of any mistake in spelling where there is no doubt as to the identity of the candidate.

(3) An absent voter’s ballot-paper shall not be rejected merely because of a formal defect therein through the name of a wrong State or Division appearing thereon, or the omission of the name of the State or Division, if the name of the Division for which the elector is enrolled appears in the declaration of the elector.

(4) In a Senate election or a House of Representatives election or a referendum an absent voter’s ballot-paper shall not be informal for any reason other than the reasons specified in this Regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.

Objection by scrutineer to ballot-paper.

62. If a scrutineer objects to a ballot-paper as being informal, the Divisional Returning Officer conducting the scrutiny shall mark the ballot-paper “Admitted,” or “Rejected,” according to his decision to admit or reject the ballot-paper, and add his initials, but nothing in this regulation shall prevent the Divisional Returning Officer from rejecting a ballot-paper as being informal although it is not objected to.

Parcelling of ballot-papers. Sec. 113.

63. The Divisional Returning Officer shall place in separate parcels—

(а) all absent voters’ ballot-papers allowed or admitted as formal for each election;
(b) all absent voters’ ballot-papers disallowed or rejected as informal for each election;
(c) all absent voters’ ballot-papers allowed or admitted as formal or disallowed or rejected as informal in connexion with any referendum or referendums;

and shall fasten and seal each parcel, and indorse thereon particulars of the contents thereof, the name of the Division, and add his signature and the date.

Absent voters’ envelopes to be forwarded to Commonwealth Electoral Officer.

64. The Divisional Returning Officer shall forthwith forward the sealed parcels of envelopes (bearing absent voters’ declarations) from which ballot-papers have been withdrawn for further scrutiny to the Commonwealth Electoral Officer for the State, who shall preserve the parcels until the authority of the Chief Electoral Officer has been obtained for their destruction.

[Electoral and Referendum Regulations, 65—69]

Opening of sealed parcels of ballot-papers. Secs. 113, 135, and 136.

65. (1) The sealed parcels of absent voters’ ballot-papers may only be opened—

(a) in the case of a Senate election—for the purpose of determining the election in the manner provided in section 135 of the Act; or
(b) in the case of a House of Representatives election, where no candidate has received an absolute majority of first preference votes cast at the election and it is necessary to determine the election in the manner provided in Section 136 of the Act; or
(c) for the purposes of an authorized recount; or
(d) by direction of the Court of Disputed Returns.

(2) When sealed parcels of absent voters’ ballot-papers are opened in pursuance of paragraph (a) or paragraph (b) of the last preceding sub-regulation the ballot-papers shall be dealt with in the same manner as ballot-papers contained in a parcel transmitted to the Divisional Returning Officer by an Assistant Returning Officer.

Preservation of ballot-papers, Sec. 113.

66. The Divisional Returning Officer shall preserve the sealed parcels—

(a) of absent voters’ ballot-papers allowed or admitted at the scrutiny;
(b) of absent voters’ ballot-papers disallowed or rejected at the scrutiny;
(c) of envelopes bearing absent voters’ declarations and containing ballot-papers rejected at the preliminary scrutiny,

until the authority of the Chief Electoral Officer has been obtained for their destruction.

Opening of sealed parcels of declarations.

67. The sealed parcels of absent voters’ declarations may only be opened—

(a) by direction of the Court of Disputed Returns; or
() by the Commonwealth Electoral Officer for the State, subject to such directions as he may receive from the Chief Electoral Officer, for the purpose of comparing the signature of any voter thereon with the signature purporting to be that of the same person on the Electoral Claim Card filed in his office, or for the purpose of instituting any authorized official inquiry.

Division 7.—Scrutiny of Postal Ballot-papers.

Preliminary and further scrutiny.

68. The scrutiny of postal ballot-papers in a Senate election or a House of Representatives election or a referendum shall be conducted as provided for in Part XII. of the Act, and, in so far as it is not so provided for, shall be conducted as nearly as practicable in the same manner as is provided by these regulations in relation to the scrutiny of absent voters’ ballot-papers:

Provided that for the purpose of the scrutiny of postal ballot-papers any reference in these regulations, in relation to the scrutiny of absent voters’ ballot-papers, to the absent voters’ ballot-box shall be read as a reference to the postal ballot-box; any reference to a ballot-paper, or an absent voter’s ballot-paper, shall be read as a reference to a postal ballot-paper; and any reference to a declaration, or an absent voter’s declaration, shall be read as a reference to a postal vote certificate.

Postal ballot-papers, &c., how dealt with.

69. The postal ballot-papers and postal vote certificates shall be dealt with as nearly as practicable in the manner provided by Regulations 63 to 67 inclusive in relation to absent voters’ ballot-papers and absent voters’ declarations.

[Electoral and Referendum Regulations, 70—74]

Division 8.—Votes Recorded in Pursuance of Sections 91 a, 115 (3), 121, and 121a of the Act.

Declarations under Section 91A, 115(3), 121, or 121A of Act.

70. (1) The declaration to be made by a person claiming to vote pursuant to section 121 of the Act on the ground that his name has been omitted from, or struck out of, the Certified List of Voters owing to an error of an officer or a mistake of fact shall be in accordance with Form 33, and the declaration to be made by a person claiming to vote under the provisions of section 91a, section 115 (3) or section 121a shall be in accordance with Form 34, 35, or 36 respectively.

(2) The declaration may be printed on the back of an envelope addressed to the Divisional Returning Officer for the Division in respect of which the elector claims to vote, or may be attached by gum or other adhesive substance to such envelope.

Ballot-paper under section 91A, 115 (3), 121, or 121A of Act.

71. 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.

Record to be made by Presiding Officer.

72. The Presiding Officer shall make a record of the name and other particulars of each person who votes at his polling booth under the provisions of section 91a, 115 (3), 121, or 121A of the Act, and, at the close of the poll, shall forward the record, duly certified, under seal, to the Assistant Returning Officer.

Action by Assistant Returning Officer.

73. The Assistant Returning Officer, on receipt from a Presiding Officer of a ballot-box containing ballot-papers enclosed in envelopes bearing declarations of persons who have voted pursuant to section 91A, 115 (3), 121, or 121a of the Act, shall take the following action:—

(a) check the number of such envelopes with the number appearing in the Presiding Officer’s record, preserve a note thereof, and report any discrepancy to his Divisional Returning Officer;
(b) place the envelopes in a parcel addressed to each Divisional Returning Officer, indorse on the parcel the total number of envelopes contained therein, and add his signature and the date;
(c) place the parcel in an outer cover, fully addressed to the Divisional Returning Officer for the Division for which the electors declare they are enrolled, fasten and seal the cover, and forthwith transmit the package by registered post to the Divisional Returning Officer;
(d) immediately advise, by telegraph or by such other expeditious means as may be directed, each Divisional Returning Officer concerned of the total number of such envelopes so forwarded to him.

Scrutiny of votes cast under Section 91(A), 115(3), 121, or 121(a) of Act.

74. The provisions of Regulations 57 to 67 inclusive shall apply as nearly as practicable to the receipt, scrutiny, parcelling, and preservation of ballot-papers and envelopes bearing declarations used for the purposes of voting under section 91a, 115 (3), 121, or 121a of the Act:

Provided that for the purpose of the scrutiny of ballot-papers and envelopes bearing declarations used for the purposes of voting under section 91a, 115 (3), 121, or 121a of the Act, any reference in these regulations to

[Electoral and Referendum Regulations, 75—77]

a ballot-paper, an absent voter’s ballot-paper, an absent voter’s declaration, or an absent voter’s ballot-box, shall be read as a reference to a ballot-paper, declaration, or ballot-box, as the case requires, used for the purposes of voting under section 91a, 115 (3), 121, or 121a of the Act, or for the receipt and scrutiny of votes cast under any of those sections.

Physically incapacitated or illiterate electors voting under Section 91A, 115 (3), 121, or 121aof Act.

75. In the case of a person, whose sight is so impaired or who is so physically incapacitated or illiterate that he is unable to vote without assistance, who claims to vote pursuant to section 91a, 115 (3), 121, or 121a of the Act, the provisions of Regulation 50 of these Regulations shall apply mutatis mutandis as if the person were claiming to vote as an absent voter:

Provided that in the application of that regulation any reference to the particulars relating to the enrolment of the elector shall be read as a reference to the Division and Subdivision for which the elector claims to be enrolled.

Division 9.—Scrutiny by Assistant Returning Officer.

Scrutiny by Assistant Returning office. Secs. 185 and 186.

76. (1) At the scrutiny the Assistant Returning Officer shall, on receipt, from a Presiding Officer, of a ballot-box, forthwith exhibit it for the inspection of the scrutineers present, and shall record the condition in which the box is received, and shall then, in the presence of the scrutineers present, open the ballot-box, and, subject to the action prescribed in Regulations 56 and 73, take out and count the ballot-papers (but not inspect the votes), and record the total number of the ballot-papers taken therefrom, and thus check the statement of the Presiding Officer.

(2) If the total number of ballot-papers taken from a ballot-box is not less than one hundred, the votes may immediately be inspected and counted.

(3) If the total number of ballot-papers taken from a ballot-box is less than one hundred, they shall be placed in a locked and sealed ballot-box, called a reserve ballot-box, which has been previously exhibited to the scrutineers, and the counting of the votes on those ballot-papers shall be deferred.

(4) The ballot-papers in the reserve ballot-box may be taken out and counted when all the ballot-papers taken from any two or more ballot-boxes and placed in the reserve ballot-box exceed one hundred, but where no more ballot-boxes are to be received at the counting centre, the ballot-papers may be taken out and counted, notwithstanding that there are less than one hundred ballot-papers in the reserve ballot-box.

Division 10.—Recount of Ballot-papers.

Recount. Secs. 137 and 138.

77. (1) Before proceeding to recount any ballot-papers, the Divisional Returning Officer shall send to each candidate notice of the time and place fixed for the recount.

(2) The Divisional Returning Officer shall, at the time and place fixed for the recount, in the presence of the scrutineer or scrutineers in attendance, and of an officer of the Commonwealth Public Service, open every sealed parcel of ballot-papers to be recounted, and shall count the votes therein.

(3) Each parcel of ballot-papers to be recounted shall be opened separately without destroying or rendering illegible any indorsements on the parcel, and every care shall be taken to prevent the ballot-papers in the parcel from being mixed with the ballot-papers in any other parcel.

[Electoral and Referendum Regulations, 78]

(4) After a parcel has been opened and the votes therein counted, the ballot-papers shall be replaced in their original cover, which shall be resealed, refastened, and then placed in a new cover, which shall be sealed and fastened, and an indorsement shall be made thereon of the fact and date of the recount, and shall be signed by the Divisional Returning Officer and such persons authorized to be present at the recount as choose to add their signatures.

(5) When any ballot-papers are, at a recount, reserved for the decision of the Commonwealth Electoral Officer for the State, the Divisional Returning Officer shall, in the presence of the scrutineer or scrutineers in attendance, place the ballot-papers in a properly fastened and sealed parcel bearing his signature and the signature or signatures of the scrutineer or scrutineers, together with an indorsement setting forth the number of ballot-papers contained therein, the name of the Division, and the date; and shall place, the parcel in a fastened and sealed outer cover fully addressed to the Commonwealth Electoral Officer for the State, and forthwith transmit the parcel to him by registered post.

(6) On receipt of the parcel, the Commonwealth Electoral Officer shall, in the presence of an officer of the Commonwealth Public Service, and, if any candidate so desires, in the presence of a person appointed by such candidate, open the parcel and scrutinize the ballot-papers and shall mark each ballot-paper “Admitted,” or “Rejected,” according to his decision to admit or reject such ballot-paper.

(7) When the Commonwealth Electoral Officer has given his decision on the ballot-papers, he shall restore them to their original cover, refasten and reseal the cover, and indorse thereon—

(a) the number of ballot-papers contained therein;
(b) a statement that such ballot-papers have been the subject of decision by him;
(c) his signature and the date;

and shall request the persons in whose presence he scrutinized the ballot-papers to add their signatures, and shall then place the parcel in a new cover, which he shall fasten, seal and forthwith return by registered post to the Divisional Returning Officer.

(8) The Commonwealth Electoral Officer shall advise the Divisional Returning Officer, in writing, as to the number of ballot-papers admitted or rejected by him and the Commonwealth Electoral Officer’s decision shall be accepted by the Divisional Returning Officer in completing his recount of the ballot-papers.

(9) The receipt of every parcel of ballot-papers shall be acknowledged in writing by the Commonwealth Electoral Officer and the Divisional Returning Officer respectively.

Division 11.—Enforcement of Law in Relation to Compulsory Voting.

List of electors who failed to vote.

78. (1) The list of the names and descriptions of the electors enrolled for a Division, who did not vote at an election or a referendum, which is required to be prepared by the Divisional Returning Officer for the Division, under the provisions of sub-section (2) of section 128a of the Act, may be prepared in separate Subdivision Lists, which may be certified in accordance with the Form 37.

(2) All the Subdivision Lists for a Division shall together form the List for the Division.

[Electoral and Referendum Regulations, 79—81]

Notice to elector under section 128a, sub-section (4), and reply of elector.

79. (1) The notice to be sent under the provisions of sub-section (4) of section 128a of the Act to each elector whose name appears on the list shall be posted within three months after the close of the election or referendum.

(2) The notice may be in accordance with Form 38.

(3) The form, for the reply of the elector, which shall be filled up and signed by the elector in the presence of a witness, may be in accordance with Form 39.

(4) The witness shall be an elector or a person qualified to be an elector.

Action where reason considered insufficient.

80. (1) Where the reply of the elector states a reason for his failure to vote which, in the opinion of the Divisional Returning Officer, is not a valid and sufficient reason for that failure, the Divisional Returning Officer shall, after endorsing on both copies of the list prepared by him his opinion in accordance with sub-section (8) of section 128a of the Act, notify the elector, in accordance with Form 40, of his opinion, and inform him that he has the option of having the matter dealt with by the Commonwealth Electoral Officer or by a Court of Summary Jurisdiction.

(2) Any elector to whom a notification has been sent pursuant to the last preceding sub-regulation, who desires the matter to be dealt with by the Commonwealth Electoral Officer, and who is prepared to abide by the decision of that officer, may notify the Divisional Returning Officer in accordance with Form 41, and may deposit with the Divisional Returning Officer such sum as that officer determines, to be appropriated in payment of the penalty, if any, which the Commonwealth Electoral Officer imposes upon him.

(3) Upon the receipt from an elector who has failed to vote—

(a) of a notification consenting to the matter being dealt with by the Commonwealth Electoral Officer and to abide by the decision of that officer, and
(b) of the deposit specified in the last preceding sub-regulation,

the Divisional Returning Officer shall transmit the notification, together with the elector’s reply stating his reason for having failed to vote and the Divisional Returning Officer’s opinion thereon, to the Commonwealth Electoral Officer.

Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.

81. (1) Subject to such directions as are issued by the Chief Electoral Officer, the Commonwealth Electoral Officer shall, upon the receipt from a Divisional Returning Officer of the documents mentioned in the last preceding regulation, consider all the facts, and if satisfied that the elector concerned has failed to vote at the election without a valid and sufficient reason for that failure, he may make an order imposing upon that elector a penalty not exceeding Two pounds, and notify the Divisional Returning Officer thereof and of the time allowed for payment.

(2) Any penalty imposed by the Commonwealth Electoral Officer in pursuance of this regulation shall be a debt due to the Commonwealth, and in default of payment within the time allowed, may be recovered in accordance with the provisions of regulation 82 of these Regulations.

[Electoral and Referendum Regulations, 82—85]

(3) The Chief Electoral Officer may review any order made by a Commonwealth Electoral Officer in pursuance of this regulation, and may, if he is of opinion that the circumstances justify such action, remit the penalty imposed by the order.

Notification of imposition of penalty. Section 12a, sub-section (12)

82. (1) The Divisional Returning Officer, upon receipt of advice from the Commonwealth Electoral Officer that a penalty has been imposed upon any elector for a contravention of paragraph (a) of sub-section (12) of section 128a of the Act, may appropriate the deposit or portion thereof in payment of the penalty, shall notify the elector, in accordance with Form 42 of the amount of the penalty, and refund to the elector the balance, if any, of the deposit.

Proceedings in a Court of Summary Jurisdiction.

83. Subject to such directions as are issued by the Commonwealth Electoral Officer, the Divisional Returning Officer shall—

(a) if he is satisfied that there has been a contravention of paragraph (a) of sub-section (12) of section 128a of the Act by an elector, and the elector has not within the time allowed, intimated that he consents to the matter being dealt with by the Commonwealth Electoral Officer, and deposited the sum specified in sub-regulation (2) of regulation 80 of these Regulations; or
(b) if he is satisfied that there has been a contravention of paragraph (b) of sub-section (12) of section 128a of the Act by an elector; or
(c) if he is satisfied that there has been a contravention of paragraph (c) of sub-section (12) of section 128a of the Act by an elector,

forthwith cause proceedings to be taken against the elector in a Court of Summary Jurisdiction.

Proceedings in Court on failure of elector to vote.

84. (1) In any proceedings which are instituted in a Court of Summary Jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the Divisional Returning Officer shall send to the Court the elector’s reply, if any, stating his reason for having failed to vote.

(2) The Court shall, whether the defendant is present or not, consider the contents of the reply as if it were given in evidence before the Court.

(3) If the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his reply, the Court shall, if it dismisses the information, do so without awarding the defendant the costs of his defence.

(4) A copy of this regulation shall be printed on the back of the form of summons.

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

85. (1) In any proceedings in a Court of Summary Jurisdiction against an elector for a contravention of paragraph (b) of sub-section (12) of section 128a of the Act, there shall be served on the defendant a notice that the defendant may attend the Court and answer the charge in person, or may, at any time, not less than seven days before the date fixed for the hearing, lodge with or send by post to the prosecuting officer a statutory declaration setting out any matter which

[Electoral and Referendum Regulations, 85—87]

he desires to set out in answer to the charge, and that, unless the prosecuting officer withdraws the charge, the declaration will be sent to the Court for consideration of the matter set out therein as if it were given in evidence before the Court, subject to any evidence in reply adduced by the prosecuting officer. The notice may be printed or written on the summons or may be by separate document served therewith.

(2) Where a statutory declaration is received by the prosecuting officer, in pursuance of the last preceding sub-regulation, he shall, as far as it is practicable for him to do so, inquire into the truth of the statements therein set out, and shall, unless he withdraws the prosecution, bring the declaration to the notice of the Court.

(3) The Court shall, at the hearing of the case, consider the statutory declaration (whether the defendant is present or not) as if the matter therein set out were given in evidence before it, but if the defendant attends the Court, and sets up a defence differing in substance from the statement contained in his declaration, the Court shall, if it dismisses the prosecution, do so without awarding the defendant the costs of his defence.

(4) The Court may, in its discretion, on the application of the prosecuting officer, adjourn the hearing for any period it thinks fit, to enable that officer to answer the declaration.

Evidence in Court of Summary Jurisdiction.

86. (1) In any prosecution in a Court of Summary Jurisdiction in respect of any contravention of sub-paragraphs (a) or (b) of subsection (12) of section 128a of the Act, the prosecuting officer may lodge with the Court a statutory declaration in accordance with Form 43, together with a certified extract in accordance with Form 44, and it shall not then be necessary for him to attend at the hearing.

(2) Where a statutory declaration and certified extract have been lodged as provided by this regulation, and the prosecuting officer is not present at the hearing the Court shall proceed with the hearing and determination of the case in his absence, and shall consider the statutory declaration and certified extract as if the matter set out therein had been given in evidence before it, and shall, notwithstanding the absence of the prosecuting officer, permit evidence to be given for the prosecution of any witness who is summoned by, or attends on behalf of, the prosecuting officer.

(3) For the purposes of this regulation any document purporting to be a statutory declaration shall be accepted as such by the Court without proof of the signature thereon or proof of the authority of the person before whom it purports to have been made to take statutory declarations.

Division 12.—Miscellaneous.

Preservation of documents. Sec. 218.

87. All ballot-papers, certified copies of the Roll for the Division, Lists of Voters, Forms of Declaration, and Postal Vote Certificates used at an election or referendum shall, after the scrutiny is completed, be sealed up by the officer who conducted the scrutiny. Each Assistant Returning Officer shall transmit, in properly indorsed fastened and sealed parcels, all ballot-papers scrutinized by him and all certified lists of voters used within that portion of the Division in which he exercises his powers, to the Divisional

[Electoral and Referendum Regulations, 88—91]

Returning Officer for the Division, who shall be responsible for the safe custody of these documents until the authority of the Chief Electoral Officer has been obtained for their destruction.

Authorized official inquiry.

88. (1) Subject to sub-regulation (4) of this regulation, the Commonwealth Electoral Officer or the Divisional Returning Officer in whose custody any sealed parcels are retained pursuant to the Act or the Regulations, may, for the purposes of any authorized official inquiry (including the preparation of any List in accordance with sub-section (2) of section 128a of the Act), if so directed by the Chief Electoral Officer, open any parcel in his custody containing any certified list of voters, or any certified copy of the roll used at the scrutiny of absent votes, or at the scrutiny of postal votes, or containing any declarations used for the purpose of absent voting or voting pursuant to section 91a, 115 (3), 121, or 121a, or any postal vote certificates, and may take out and examine the certified list or certified copy of the roll or any declaration or postal vote certificate, and take a copy thereof.

(2) In the case of a certified list or certified copy of a roll he shall forthwith replace it in a parcel, and fasten, seal, and indorse the parcel as required by the Chief Electoral Officer.

(3) Any declarations or postal vote certificates which have, in pursuance of this regulation, been taken out of a sealed parcel may be retained by the Commonwealth Electoral Officer or the Divisional Returning Officer or dealt with in the manner directed by the Chief Electoral Officer, and upon the attainment of the purpose for which the declarations or postal vote certificates were so retained or dealt with, the Commonwealth Electoral Officer or the Divisional Returning Officer, as the case may be, shall forthwith replace them in a parcel and fasten, seal, and indorse it as required by the Chief Electoral Officer.

(4) Except for the purpose of the preparation of a list in accordance with sub-section (2) of section 128a of the Act no sealed parcel containing declarations or postal vote certificates shall be opened in pursuance of this regulation until any election or referendum to which the contents of that parcel relate can no longer be questioned.

(5) A Commonwealth Electoral Officer or Divisional Returning Officer who opens a sealed parcel in pursuance of this regulation shall not mark, alter, or in any way deface, or permit any other person to mark, alter, or deface, any document taken out of the parcel, and shall be responsible for every such document being replaced in the same condition as when it was taken out.

Fee for inspection of candidate’s return. Sec. 151.

89. The fee to be paid for an inspection of the return, and the receipted bills of particulars, of a candidate’s electoral expenses shall be 2s. 6d.

Return under s. 152 of Act. Sec. 152.

90. (1) The return to be made by a trades union, registered or unregistered, organization, association, league, body of persons, or person, under Section 152 of the Act shall be in accordance with Form 45.

(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 One shilling.

Notice under s. 152 (8) of Act. Sec. 152.

91. The notice by the Chief Electoral Officer under Section 152 (8) of the Act may be in accordance with Form 46.

[Electoral and Referendum Regulations, 92—98]

[Referendum Regulations, 99—101]

Return under s. 153 of Act. Sec. 153.

92. (1) The return to be made by the proprietor or publisher of a newspaper under Section 153 of the Act shall be in accordance with Form 47.

(2) Every return filed in pursuance of Section 153 of the Act shall be open to public inspection during ordinary office hours on payment of a fee of One shilling.

Offence for which no penalty prescribed.

93. Any person who is convicted of an offence against these Regulations for which no penalty is provided shall be liable to a penalty not exceeding Two pounds.

Use of forms which are not prescribed.

94. Where any action is required to be taken under the Act or these Regulations by an officer, and no form is prescribed for use in connexion with such action, the officer may use such form as is approved by the Chief Electoral Officer.

Withdrawal of consent to nomination. Sec. 89.

95. The notice of withdrawal by a Candidate of his consent to nomination may be in accordance with Form 48 and shall be signed by the Candidate in the presence of the officer with whom the nomination was lodged or of a Justice of the Peace.

Endorsement by Divisional Returning Officer on the copy of Senate Writ.

96. The endorsement to be made by a Divisional Returning Officer on the copy of the Writ for a Senate election shall be in accordance with Form 49.

Amendment of Form in Schedule to the Act.

97. Form A in the schedule to the Act is amended by omitting the words “the office of the Common-wealth Electoral Officer” and inserting in their stead the words: “(here insert name of building).”

Strict compliance with forms in the schedule not required.

98. Strict compliance with the forms in the schedule shall not be required, and substantial compliance shall suffice for the purposes of these Regulations.

Part IV.—Referendum.

Official mark.

99. The official mark for the authentication of referendum ballot-papers shall be the official mark prescribed for electoral ballot-papers.

Referendum in Divisions where no electoral poll taken.

100. When the day fixed for the taking of the votes of the electors for the purposes of a referendum is the same as that fixed for the polling at a Senate election or a general election for the House of Representatives, and no poll is taken in any particular Division for the purposes of the election—

(а) the forms in these Regulations may be modified so far as is necessary to enable them to apply, as regards that Division, to the referendum only, and
(b) any forms under these Regulations may, as regards that Division, be deemed to refer to the referendum only.

Destruction of ballot-papers.

101. When the validity of any referendum can no longer be questioned the Chief Electoral Officer may, subject to the provisions of the Referendum (Constitution Alteration) Act in force for the time being, authorize the destruction of the ballot-papers used for voting at the referendum.

[Electoral Referendums, 102—104]

Return by trade union, organization, &c.

102. (1) The return to be made by a trades union, registered or unregistered, organization, association, league, body of persons, or person, under Section 35 of the Referendum (Constitution Alteration) Act shall be in accordance with Form 50.

(2) Every return filed in pursuance of Section 35 of the Referendum (Constitution Alteration) Act shall be open to public inspection during ordinary office hours, on payment of a fee of One shilling.

Notice to trade unions, &c., requiring return.

103. The notice by the Chief Electoral Officer under Section 35 (9) of the Referendum (Constitution Alteration) Act may be in accordance with Form 51.

Return by newspaper proprietors.

104. (1) The return to be made by the proprietor or publisher of a newspaper under Section 36 of the Referendum (Constitution Alteration) Act shall be in accordance with Form 52.

(2) Every return filed in pursuance of Section 36 of the Referendum (Constitution Alteration) Act shall be open to public inspection during ordinary office hours, on payment of a fee of One shilling.

THE SCHEDULE.

——

Form. 1. Regulation 6.

19 .

Commonwealth of Australia.

Electoral Roll.

State of [here insert name of State].

Division of [here insert name of Division].

Roll of Electors for the Subdivision of[here insert name of Subdivision].

No., Name in Full, Place of Living, Occupation, and Sex of each Elector.

[Here follow Names, &c.]

Footnote—M signifies Male, F signifies Female.

Form 2. Regulation 8 (1).

[Front of Form.]

This form may be used only by a qualified person, not under the age of 21 years, (a) when claiming enrolment or transfer of enrolment, or (b) when notifying a change of address within the same subdivision or applying for the correction of any particulars of an existing enrolment.

Commonwealth of Australia.

The Commonwealth Electoral Act.

Electoral Claim.

To the Electoral Registrar for the Subdivision of—

Division of— State of—

1. I am an inhabitant of Australia and have lived therein for six months continuously.

2. I am a natural-born or naturalized subject of the King, am not under the age of 21 years, and am qualified to be enrolled as an elector.

3. I claim to have my name and particulars for enrolment, as set out on the back hereof, placed on the Electoral Roll for the Subdivision of

in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.

4. My name is at present enrolled for the Subdivision of the Division of in respect of the following address in that Subdivision, namely:—

[If NOT already enrolled, strike out paragraph 4.]

I declare that the whole of the statements made in this Claim (including those set forth on the back hereof) are true to the best of my knowledge and belief.

Personal Signature of Claimant—

Dated the day of 19

I, the undersigned, being an elector or person qualified to be an elector of the Commonwealth, certify that I have seen the above-named Claimant sign the above Claim, and that I either know the statements contained in the Claim to be true or have satisfied myself by inquiry of the Claimant or otherwise that the said statements are true.

(Penalty on witness for failure to fully comply with this requirement—£50.)

Personal Signature of Witness in own handwriting—

Occupation—

Place of living—

The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.

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.

C.15674.—3

Regulation 8 (1)—continued.

[Bach of Form.]

Particulars for Enrolment.

Surname—

Christian Names—

(in full).

Place of Living—

(Full address, including name and street number, if any, of habitation).

(Occupation— Sex—

Date and Year of Birth— Place of Birth—

(Including Country).

Former Surname*—

* To be filled in only in the case of a woman who has changed her name by marriage since her last enrolment.

Personal Signature of Claimant—

The particulars within this space are to be filled in by the Electoral Registrar.
Received (date)—
Registered (date)—
Acknowledged (date)—
Initials of Registrar—

Form 3. Regulation 9 (1).

Commonwealth of Australia.

The Commonwealth Electoral Act.

State of—

Electoral Division of— Subdivision of—

Acknowledgment and Intimation to Elector is Relation to Enrolment, Transfer of Enrolment, or Correction or Alteration of Enrolment.

To—

* Your name has been enrolled for the abovenamed Subdivision pursuant to your claim dated

* Your change of place of living within the abovenamed Subdivision as set out in your notification dated has been noted in the Roll.

*Your enrolment for the abovenamed Subdivision has been corrected pursuant to your notification dated

You are informed, for your future guidance, that if you change your place of living from the address in the Subdivision for which you are enrolled to another address in the same Subdivision and fail within 21 days after making such change to notify the Electoral Registrar for the Subdivision of your new address, in the prescribed form, or that if you change your place of living to any other Subdivision, and after you have lived in that Subdivision for a period of one month fail within the next ensuing 21 days to send or deliver to the Electoral Registrar for the Subdivision a claim for transfer of enrolment in the prescribed form, such failure will render you liable, under the provisions of the Commonwealth Electoral Act, to a penalty not exceeding £2 (Two pounds).

Money expended or expense incurred in preparing (a) Articles and Reports, (b) Advertisements and Notices, or (c) other matter, including matter appearing in newspapers, and matter printed on cards or in the form of handbills, posters, pamphlets, or otherwise (4)

Total......................

II. Articles or other matter in Newspapers.

Money expended or expense incurred in connexion with the insertion of articles or other matter in newspapers (5)

Total.....................

Form 50—continued.

(6) Here set out the names of the newspapers in which the reports appeared, the nature of the addresses or speeches, the dates on which they appeared and the names of the persons making the speeches or delivering the addresses, and the amount paid or to be paid. The particulars as regards each newspaper are to be separately stated.

(7) Here set out the names of the newspapers in which the advertisement or notice appeared, the dates on which the advertisements or notices appeared, the nature of the advertisements or notices, and the amounts paid or to be paid for the insertion thereof. The particulars in respect of each newspaper are to be separately stated.

(8) Here set out the names and addresses of the persons to whom amounts have been paid or are to be paid, the amount paid or to be paid to each, and the nature of the service.

Amounts Paid.			Expenditure Incurred but not yet Paid.
III. Reports in Newspapers of Speeches or Addresses.	£	s.	d.	£	s.	d.
Money expended or expense incurred for the insertion in newspapers of reports of addresses or speeches (6)
Total.....................
IV. Advertisements or Notices in Newspapers.
Money expended or expense incurred in connexion with the insertion of advertisements or notices in newspapers. (7)
Total.....................
V. Printing Articles, Reports, Advertisements, Notices or other matter (other than in Newspapers).
Money expended or expense incurred in printing (a) Articles and Reports, (b) Advertisements and Notices, or (c) other matter, including matter printed on cards or in the form of handbills, posters, pamphlets, or otherwise (8)
Total.....................
VI. Publishing, Issuing, and Distributing Articles, Reports, Advertisements, Notices or other matter.
Money expended or expense incurred in publishing, issuing, and distributing (a) Articles and Reports, (b) Advertisements and Notices, or (c) other matter, including matter printed on cards or in the form of handbills, posters, pamphlets, or otherwise (8)
Total.....................

Form 50—continued.

(9) Here set out under separate heads precise particulars of the service for which the money was expended or the expense was incurred, together with the names of the persons concerned and the amount paid or to be paid to each person.

Amounts Paid.			Expenditure Incurred but not yet Paid.
£	s.	d.	£	s.	d.
VII. Miscellaneous Expenses.
Money expended or expense incurred but not accounted for under any other head provided in this return (6)
Total......................

Summary of Money Expended or Expense Incurred, as shown in the Foregoing Return.

Amounts Paid.			Expenditure Incurred but not yet Paid.
£	s.	d.	£	s.	d.
Head I...................................................................................
„ II......................................................................................
„ III....................................................................................
„ IV....................................................................................
„ V.....................................................................................
„ VI....................................................................................
„ VII...................................................................................
Totals...................................

(10) Here insert I or We, and the names, addresses and descriptions of the persons making the return.

(10)

do solemnly and sincerely declare that this return is true in every particular.

Declared and subscribed before me at the day of 19

Justice of the Peace

Form 51. Regulation 103.

Commonwealth of Australia.

The Referendum (Constitution Alteration) Act.

State of—

Notice under Referendum (Constitution Alteration) Act Section 35 (9).

To—

Take notice that I, the Chief Electoral Officer for the Commonwealth, hereby require you, within

from the date of this notice, to make a return, in accordance with Section 35 of the above named Act, of any money expended or expenses incurred, within three months before the date of taking the vote at the undermentioned referendum (or referendums), by [here insert you or your trades union, registered or unregistered, organization, association, or league or the body of persons of which you are the president (or the chairman or the secretary or an officer) as the case requires] in connexion with the [here insert the referendum or referendums in connexion with which the return is required]—

(a) in support of the proposed law (or laws) submitted to the electors at the said referendum (or referendums); or
(b) in opposition to the proposed law (or laws) submitted to the electors at the said referendum (or referendums); or
(c) in printing, publishing, or issuing advertisements or notices, or procuring the insertion in any newspaper of any advertisement, article, or report, or matter intended or calculated to affect the result of the said referendum (or referendums).

Dated this day of 19

Chief Electoral Officer.

Form 52. Regulation 104.

Commonwealth of Australia.

The Referendum (Constitution Alteration) Act.

State of—

Return by Proprietor or Publisher of a Newspaper of Matter relating to a Referendum, Published therein within three months before the date of taking the vote at the referendum in respect of which Payment has been or is to be made.

Title of newspaper—

Place where published—

Name of proprietor—

(1) Here insert the title or the proposed law (or proposed laws). (Where two or more referendums are being held on the same day the particulars as regards all the Referendums may be included in one return).

The amount of matter in connexion with the Referendum (or Referendums) held on the day of 19 for the submission to the electors of a proposed law (or proposed laws) entitled—(1)

inserted in the above paper within three months before the date of taking the vote at the said Referendum (or Referendums) in respect of which payment has been or is to be made, the space occupied by such matter, the amount paid or owing in respect of such 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

Form 52—continued.

as follows:—[Here set out in the proper columns the date and particulars as regards each article, advertisement, report of speech, paragraph, or other matter in connexion with the referendum, inserted in the paper, and for the insertion of which payment has been or is to be made.]

Date.	Particulars.	Amounts paid or owing for insertion.
£	s.	d.

(2) Here set out name and address of person making the return, and whether proprietor or publisher of the newspaper.

I,—(2)

do solemnly and sincerely declare that this return is true in every particular.

Declared and subscribed before me this day of 19

Justice of the Peace.

INDEX.

———

ELECTORAL AND REFERENDUM REGULATIONS.

No.	Page
Part I.—Preliminary—
Short Title....................................................................................................................	1	..	1
Parts.............................................................................................................................	2	..	1
Repeal..........................................................................................................................	3	..	2
Application of Regulation in relation to joint Rolls.........................................................	4	..	2
Definitions...................................................................................................................	5	..	2
Part II.—Electoral—
Division 1.—Enrolment—
Form of Roll.................................................................................................................	6	..	2
Sale of Electoral Rolls...................................................................................................	7	..	2
Form of Electoral Claim................................................................................................	8	..	2
Registration of Claim....................................................................................................	9	..	2
Notification of Transfer of Enrolment............................................................................	10	..	3
Reference of Claim to Divisional Returning Officer........................................................	11	..	3
Notification of Rejection of Claim.................................................................................	12	..	3
Formally Defective Claim.............................................................................................	13	..	3
Certificate authorizing Removal of Name.......................................................................	14	..	3
Notification of Removal of Name from Roll...................................................................	15	..	3
Change of Electors from one Roll to another under Section 28 of Act..............................	16	..	3
Division 2.—Enforcement of Law in relation to Enrolment—
Inquiry and Report by Registrar.....................................................................................	17	..	4
Notification in respect of offence...................................................................................	18	..	4
Consent to matter being dealt with by Commonwealth Electoral Officer..........................	19	..	4
Proceedings upon receipt of consent to matter being dealt with by Commonwealth Electoral Officer................................................................................................................................	20	..	4
Action by Commonwealth Electoral Officer upon receipt of Report from Divisional Returning Officer....................................................................................................................	21	..	5
Notification of Imposition of Penalty.............................................................................	22	..	5
Enforcement of Penalties...............................................................................................	23	..	5
Procedure where matter not dealt with by Commonwealth Electoral Officer.....................	24	..	5
Declaration of Prosecuting Officer to be considered by Court..........................................	25	..	6
Division 3.—Objections—
Notice of Objection......................................................................................................	26	..	6
Notice to person objected to on ground of non-residence.................................................	27	..	6
Notice to person objected to on ground other than non-residence.....................................	28	..	6
Manner of answering Objection.....................................................................................	29	..	6
Inquiry into Objection...................................................................................................	30	..	7
Notice of Determination of Objection............................................................................	31	..	7
Division 4.—Miscellaneous—
Electoral Appeals.........................................................................................................	32	..	7
Part III.—Electoral and Referendum—
Division 1.—Conduct of Elections and Referendums—
Notification of desire to have name grouped...................................................................	33	..	7
Undertaking by Officers and Scrutineers........................................................................	34	..	7
Polling Places...............................................................................................................	35	..	8
Use of Polling Booth for two Elections, &c....................................................................	36	..	8
Ballot-boxes.................................................................................................................	37	..	8
Official Mark...............................................................................................................	38	..	8
Indorsement on Ballot-papers........................................................................................	39	..	8

INDEX—continued.

No.	Page
Part III.—Electoral and Referendum—continued.
Division 2.—Voting by Post—
Form of Application for Postal Vote Certificate and Postal Ballot-paper.....................	40	..	8
Form of Postal Vote Certificate...............................................................................	41	..	8
Forms of Postal Ballot-paper...................................................................................	42	..	8
Postal Ballot-paper, &c., to be delivered to applicant or sent to his place of living.......	43	..	9
Manner of marking Postal Votes..............................................................................	44	..	9
Ballot-box for Postal Votes.....................................................................................	45	..	9
Division 3.—Facilities for Voting as an Absent Voter—
Where an elector may vote as an Absent Voter.........................................................	46	..	9
Voter to state name and particulars..........................................................................	47	..	9
Questions to be put to Voter....................................................................................	48	..	9
Refusal of voter to answer question..........................................................................	49	..	10
Physically incapacitated or illiterate electors.............................................................	50	..	10
Division 4.—Forms of Absent Voters’ Ballot-papers—
Absent Voter’s Ballot-paper—Senate Election.........................................................	51	..	11
Absent Voter’s Ballot-paper—House of Representatives Election..............................	52	..	11
Absent Voter’s Ballot-paper for Referendum in respect of one proposed law..............	53	..	11
Absent Voter’s Ballot-paper for Referendum in respect of two or more proposed laws	54	..	11
Division 5.—Records in connexion with Absent Votes—
Record of Absent Voters.........................................................................................	55	..	11
Absent Voters’ Ballot-papers—action by Assistant Returning Officer........................	56	..	11
Custody of Absent Voters’ Ballot-papers..................................................................	57	..	11
Division 6.—Scrutiny of Absent Voters’ Ballot-papers—	..
Who may attend scrutiny.........................................................................................	58	..	12
Preliminary scrutiny................................................................................................	59	..	12
Further scrutiny......................................................................................................	60	..	13
Informal Ballot-papers............................................................................................	61	..	13
Objection by Scrutineer to Ballot-paper....................................................................	62	..	14
Parcelling of Ballot-papers......................................................................................	63	..	14
Absent Voters’ Envelopes to be forwarded to Commonwealth Electoral Officer.........	64	..	14
Opening of sealed parcels of Ballot-papers...............................................................	65	..	15
Preservation of Ballot-papers...................................................................................	66	..	15
Opening of sealed parcels of Declarations................................................................	67	..	15
Division 7.—Scrutiny of Postal Ballot-papers—
Preliminary and further scrutiny..............................................................................	68	..	15
Postal Ballot-papers, &c., how dealt with.................................................................	69	..	15
Division 8.—Votes recorded in pursuance of Sections 91a, 115(3), 121, and 121a of the Act—
Declarations under Sections 91a, 115(3), 121, or 121a of Act...................................	70	..	16
Ballot-paper under Sections 91a, 115(3), 121, or 121a of Act...................................	71	..	16
Record to be made by Presiding Officer...................................................................	72	..	16
Action by Assistant Returning Officer......................................................................	73	..	16
Scrutiny of Votes cast under Sections 91a, 115(3), 121, or 121a of Act.....................	74	..	16
Physically incapacitated or illiterate electors.............................................................	75	..	17
Division 9.—Scrutiny by Assistant Returning Officer—
Scrutiny by Assistant Returning Officer...................................................................	76	..	17
Division 10.—Recount of Ballot-papers—
Recount.................................................................................................................	77	..	17

iii

INDEX—continued.

No.	Page
Part III.—Electoral and Referendum—continued.
Division 11—Enforcement of law in relation to compulsory voting—
List of Electors who failed to vote...............................................................................	78	..	18
Notice to elector under Section 128a, sub-section (4), and reply of elector....................	79	..	19
Action where reason considered insufficient................................................................	80	..	19
Action by Commonwealth Electoral Officer upon receipt of report from Divisional Returning Officer.............................................................................................................................	81	..	19
Notification of imposition of penalty, Section 128a, sub-section (12) (a).......................	82	..	20
Proceedings in a Court of Summary Jurisdiction..........................................................	83	..	20
Proceedings in Court on failure of elector to vote.........................................................

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

84	..	20
Proceedings in Court on failure of elector to send reply to Divisional Returning Officer’s notification.............................................................................................................................	85	..	20
Evidence in Court of Summary Jurisdiction.................................................................	86	..	21
Division 12.—Miscellaneous—
Preservation of Documents.........................................................................................	87	..	21
Authorized official inquiry.........................................................................................	88	..	22
Fee for inspection of candidate’s return.......................................................................	89	..	22
Return under Section 152 of Act.................................................................................	90	..	22
Notice under Section 152 (8) of Act............................................................................	91	..	22
Return under Section 153 of Act.................................................................................	92	..	23
Offence for which no penalty prescribed.....................................................................	93	..	23
Use of forms which are not prescribed........................................................................	94	..	23
Withdrawal of consent to nomination..........................................................................	95	..	23
Indorsement by Divisional Returning Officer on the copy of Senate Writ......................	96	..	23
Amendment of Form A in Schedule to Act..................................................................	97	..	23
Strict compliance with Forms in Schedule not required................................................	98	..	23
Part IV.—Referendum—
Official Mark............................................................................................................	99	..	23
Referendum in Divisions where no electoral poll taken................................................	100	..	23
Destruction of Ballot-papers.......................................................................................	101	..	23
Return by Trades Union, Organization, &c..................................................................	102	..	24
Notice to Trades Union, &c., requiring return..............................................................	103	..	24
Return by Newspaper Proprietors...............................................................................	104	..	24
The Schedule.................................................................................................................	25-75.