THE TEBRITOKY FOR THE SEAT OF
R E G U L A T I O N S . TJl?t).ER,;TB.a. L I Q U O R . - P O L L - O R D I N A N C E S
| -r | T H E | D E P U T Y | OE ,T.HE . a O V E R N O & G E . N ' E R A L | in .and | over |
X , the Commonwealth of Australia, acting with the advice' of • the Federal Executive Council, hereby make the following Regulations' under the Liquor Poll Ordinances 1928, to come into operation forth-
| with. | •' | '••'•••'i '•:;.'.•:/•'•••• | .- : • • • • • | • |
| • | • | • ; . . . • | Isv-'-i | <: ; | : . . • ; • •••. ' , . '?! | j | • | " | . | • | . . . |
| Dated this twenty-seventh day of-J^ly, 1928; | . ..-->: •• • | . | • ' | : |
| '.'" \ - | ''.''• | ' - v | " D " | R. S. 'de | C H A I R |
Deputy of the Governor-General.
| By His Excellency's. Command, | :,. .... .... | .., | ., . .. |
| 0 . W . C . | M A R R | . | :-; | ••;' | • ' • - . /.''• | '-' |
| for Minister of State for Home/and Territories. • ." • | •• |
| '•' | '•' | •••• | • | ' | •%• | • ' • " v | .<••'.-: | •••'" | • - ' ' | • / • • " . |
LIQUOR POLT, REGULATIONS.
1. These Regiilations may bo cited as the Liquor .Poll Regulations, short title.
| 2. In these regulations, unless the contrary intention appears— | Definitions | ' |
| "Chief Electoral Officer" means the Chief Electoral Officer for |
| Commonwealth Electoral Act 1918-1925; "• '•" ' •••••y":^ | the Commonwealth appointed under the; provisidns ' of the.'; |
" Ordinance " means the Liquor Poll Ordinances 1928, as amended
| from | time | to t ime; . | • ' . ; . • . |
" Po l l" means the jjoll to be taken pursuant to P a r t I I . • of the
| " R e g i s t r a r " means the officer | appointed by the Chief | Electoral' | .-•.'•.-, |
| Officer under P a r t ' I I . of the ' Ordinance to be the Registrar | • •u.'i-J.v.- |
| for the purpose of the Ordinance; | .-.'.".."• ' |
| " V o t e r " means any person whose, name appears on the RpJL of,- | N ' •••••••;> |
Voters in respect of the Liqiipr Poll to be taken pursuant to
| the Ordinance. | "*•_ | ' | ' | ... |
3. Subject to such directions as axe issued by the Chief Electoral Notification
| Officer, the Registrar shall, if satisfied that a, qualified person has failed offence?**°f | lo comply with the requirements1 of section. 14 of the Ordinance, forthi see 14. |
| with notify him of such failure, and inform, him that he. may.reply, by declaration to be witnessed by' a voter OL'• ah elector of the 'Cominoh-wealth setting out any facts re levant ' to ; the-matter , arid tha t he has |
| the option of having the matter dealt, with either by the Chief. Electoral | Officer, or by a Coiirt 'of Summary Jurisdiction: ,: ' ! ' , ; I ' ' '•" •.'.' '•'•'•. 'f, | |
| 'ul his opinion thereon, to the Chief Electoral Officer. " |
| Action by |
| Chief Electoral | 6. (1) The Chief Electoral Officer shall, uppiythe.receiptiof a rejpprt |
4. Any person to whom a notification has been sent pursuant to- the-consent to
last preceding regu la t ion /whodes i res the matter to be dealt with by ' the " ^ ^ t h X • •' th ief Electoral Officer, and who is. prepared to. abide "by,,the''decision chief Eiectorii'
| ot that officer, may notify the Registrar to that effect,' and, jnay deposit | Se™*, |
| with him such sum as tha t . officer, determines, to. .be appropriated in payment of the penalty, if any,'which the Chief Electoral Ofijcer imposes |
| upon him. | ' | ' | " "•' | " | ': * |
"• Upon the receipt frbni a person'who. has failed' V)o'.comjJy with the Proceedings
| requirements | of section 14 of the Ordihattde-^ • . ' / ' / " ' " ; • ' V " S S M 1 * ? * - |
| (a) of a notification consenting to the matter ..being,dealt with SSit*ia?by ' | by the Chief Electoral Officer and undertaking to abide gm°/eri;lccto'ral |
| by the decision of that officer; and | sec. w.- | |
{") of the deposit specified, >n the last j>xecejling,regulation,
egistrar shall consider the statements contained/an, thej ;declaration
, . .
nyJ submitted by the person, make such .further,,inquiry as he
^-
| the | 1 ? e c e 8 s a r v> a r | d | unless he decides to withdraw4:hs>.cas3, | t ransmit |
| Deii 6 J a i 'atiou (if any) and the notification consenting to'the, matter | w i t h b v . t h e C h i e f |
| fact | i | Electoral | Officer;;;wiih''a!r'ep6rt''als^6'*lhe |
8 a
| Officer'upon | from..the Registrar in respect of ah alleged contr'aveintion'of'Sectioivli |
| receipt of |
| report from | of the' Ordinance, consider all the facts, and if satisfied that the person |
| Registrar. | eoncei'hed is in default or has contravened the provisions of the Section, |
| Sec. 42. | may 'make an order imposing upon tha t person a penalty not exceed- ing" Two pounds, and notify the Eegistrar thereof and of the time |
| |
| V,.(2),-Any penalty imposed by the Chief Electoral Officer in pur- su^Liice, of this Regulation shall be a debt due to the Commonwealth, and in .default of payment w i th in ' t he ' t ime allowed, 'may be recovered in accordance with the provisions of.;regulation 7.of these Regulations. '• |
| HotiBcation | : .7. ' The Registrar, upon receipt of advice.from the Chief Eleotoral vention of section 14 of the Ordinance* may appropriate the deposit or portion thereof in payment of the penalty,: a n d shall notify the person of- the amount of the penalty and refund to him the balance, if any, of |
| of imposition |
| of penalty. | Officer tha t a penalty has been imposed upon any person for a contra- |
| Sec. 14. |
| |
| Proceedings |
| where matter | • '8. (1) Where any person to whom a notification pursuant to regu- |
| not dealt |
| with by Chief | lation 3 has been sent fails, within the" time allowed, to-reply thereto, |
| Electoral | or does not within; that t ime intimate to the • Registrar that he consents |
| Officer. | to.the matter: being dealt with by the Chief Electoral Officer and deposit |
| Sec. 14. | . |
with the Registrar the sum specified in regulation 4, t h e ' Registrar shall, subject to.such directions as he receives from the Chief Electoral Officer," if he is satisfied that such person has contravened section 14 of the' Ordinance, caiise proceedings to be instituted against him in a
| Court | of: Summary | Jurisdiction. | , . ' . - • . |
"'(;2)f:If,in. any.case-in which proceedings, are instituted in a-Court of Summary Jurisdiction, the Registrar has received from the person concerned ,a 'Declaration in pursuance-of regulation-3 he shall, • as ' fa r as i t i s "practicable and necessary for h im to dp 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. .".'..-, | : .-. | . | .' i ' | • . |
.v. 0 0 The Court shall at the hearing of the-case-consider-the declara- tion (whether the defendant is present or not) as if .the. matter therein
| •setiont had been given in evidence before it. | - | • • •"•. | i |
| Declaration of | ! ;j9. .(1) T n ' a n y prosecution in r.espect of ahy<contravention of Section |
| prosecuting |
| officer to be | 14 of the Ordinance the prosecuting officer may lodge with .the Court a |
| considered by | 'sf&tiitory declaration in support,of the charge, and it shall not then, be |
| Court. | •nebe^s^fy for him to attend the hearing. ' |
| (2) Where a statutory declaration has been lodged as provided by thisTiegulation and the prosecuting officer is not present at the hearing, the. Court shall proceed with the hearing and determination of the case in :jiis- absence, and shall consider the statutory declaration as/if the . matter,set, oiit. therein had been given in 'evidence before it. |
:>
. "(3)' Eoi- the purposes of, this regulation any document purport ing tfe ba,a statutory- declaration shall be accepted as such by the Court without proof; of: the. signatures .thereon or proof of.the authority 'of the perspn
| -'before | whom' ; it | purports | to . have | been - m a d e ' to | fa te | statutory |
| List of electors | : . -10. The list'of the-nanies and descriptions of the voters, who-did not |
| who failed to • |
| vote.' | -:\-qt£ at. the Poll which is required to be prepared by the Chief Electoral Officer, tinder the provisions of sub-section (2.) qf-section .41 of.'the |
| Voters, the names of voters who failed to vote at the Poll. • : " - . . . . | Ordinance, »rnay. be 'prepared by indicating upon a copy of: the,Roll pf | |
| Notice to • . | 11. The notice to be sent under the provisions of sub-section (4) of |
| elector under >' |
| section 41y •-.•:' | sectiori-41 of the Ordinance shall contain a'.form for / the reply of ' the |
| and reply of ": | sub-section (4), | voter, which1 shall be filled up and signed -by the voter in the presence |
| eleotor.- --" -.- • | ofrS witness* who'shall .be a voter, or an elector of "the Commonwealth. |
| Action whore | '12. (1).. Where the reply, of | :the; voter states a reas'on'.for his failure |
| reason |
| considered | tO-votB;w'hich,;dnL the opinion of the:JDMef. Electoral O.ffiger, as not a |
| insufficient. | 'Valid ah'd sufficient-reason.for that . fai lure, the: Chief Electoral Officer shall, -'afteivendorsing\on the list prepared by.'him his opinion,in accord- Vo.tfi*.-of:.his{.opinion,..and inform him that he. has, the option, of having an^e.'vv-ith.'isu'b-section .;(8) ..of section.41 of the Ordinance, notify the |
| 'the^atter'i<:iealt--wit.h-i)y'^he Chief Electoral Officer or. by. a .Oqurt of Summary? Jurisdict ion, J - J ? . ^ ' . -.- -. • . . , , , '.-.,,• |
| (2) Any voter to whom -.a-. Notification .lias been.sent,pursuant to, the last preceding sub-regulation, who desires}, the, matter • to be dealt with | • : |
| by the Chief Electoral, Officer, an.d who^is prepared to \ab ide ;by the decision of that-officer, may notify the.Chief Electoral'Officer accord- ingly, and may deposit with the Chief Electoral Officer •such sum as that officer determines, to be appropriated in payment of ;the penalty, if any, |
| which the Chief Electoral Officer imposes upon him. | , | • | • |
| 13. (1) Upon the receipt from a vo te rwho has failed to, vote at the Action whero | ( |
| . ' • • " ' ' | ' | • V | ' voter consents |
| P o l l — | ••• - . .'•• | ..:. | '. •..'•••"..' | "•, | •. | ," . | •. | " : | • .; • • to be dealt with |
(a) of a notification consenting to? the' matter being dealt with Electoral
by the Chief Electoral Officer, and to abide by the decision
of that officer, and•'. ;'••"•"';' ' '••• ,-'•.• ••••-'•
(b) of the deposit specified'in the last preceding sub-regulation ; the Chief Electoral Officer shall 'consider all the facts, aiid if'satisfied that the voter concerned has failed to vote at the Poll without a valid and sufficient reasom for that failure, may make all order imposing , ••
| upon that voter a penalty not'exceeding Two pounds. | ' • ' •'•;•.* |
| (2) Any penalty imposed by the Chief Electoral'Officer i n ' p u r - suance of this regulation shall be a debt due't6 the Comn^onweaith,'and | , .--.!' |
| in default of payment within the time allowed, may bo recovered in | . .' • |
| accordance with the provisions,of the last preceding regulation. |
| imposed ujjon any voter for ,a contravention of paragraph (a) of sub7 p^fty'011 °f | 14. The Chief Electoral Officer: may,. When' a' penalty has been Notification ot |
| section (10) of section 41 of the Ordinance, appropriate the .depositor | Sect ion 4 1 |
portion thereof in payment of the penalty, shall.notify the voter.of the sub-section(io).
amount of the penalty, and. refund to him the balance, if' airy, of the
| deposi t . | .:: • •_ •, | , . . : , ' • , |
| 15. The Chief Electoral Officer shall— | " . . . . . ' " . ' . ' . . ' | . Proceedings in |
| (a) if he is satisfied that there . has been a ' contravention of Summary | paragraph (a) of sub-section (10) of section 41 of ' t t ,e Jurl3dlctlon- |
| Ordinance by a voter, and the voter has not • within,,the |
| time Mowed intimated that he consents to t h e ' m a t t e r being dealt with by the Chief Electoral Officer, aiid deposited the sum specified in sub-regulation (2) of regu- | , | |
| lation | 12 | of | these: Regulat ions; | ' . . '". ' | |
| (b) if he is satisfied'that there has been a contravention of | .. . . |
paragraph (b) of sub-section (10) of section 41 of the
| Ordinance by a voter; or | '•" ;-..-'... " '.• |
(e) if he is satisfied that there has.been a contravention of para- ,,'/,.''.'• 7^'AZ]
| graph (c) of subjection (1,0) of section 41 of the"Ordi- ' | ^rs'i |
| nance by a v o t e r , " ' . " ' . | > |
forthwith cause proceedings to be taken against the voter in a Court;of Summary Jurisdiction. , " '*•*"' . ' ' :••••••-••••
16. (1) In any proceedings which are instituted in a'.'Court of proceedings in
Summary Jurisdiction, pursuant to paragraph (a) of' the'dast preceding § ^ ^ * ^ regulation, the Chief Electoral Officer shall send to the Court the voter's elector to
| reply, if any, stating.his reason forhaving-.failed to.vote. | ( ,.:. ...... |
| (2) The Court shall, whether the defendant is' present or not, .con- sider the contents of the,reply as i f it. were given in- evidence before ' |
| the Court. | '•'_ | -..,.,;. ,.-.,'.,: ..,,.• •.. ••• . |
| (3) If tlie defendant attends the Court, and sets up a defence • ' •' • | ' |
| differing in substance from the statement oontained-in-his reply, the , . . .v ' .---j , | Court shall, if it dismisses the information, do so without awardingv the •'•'"• r;': |
| defendant the costs of his defence. | •• . \ | .-. •• .•• . , | |
(4) A copy of this regulation shall bo p r in t e j y6iv the back'of 'the
| form of summons. | ''•'•'. | "".'V. : ''/'••': | •'. | '! |
17. (1) In any proceedings in a Court of Summary Jurisdiction proceeding*.in ;
against a voter for a contravention of paragraph (&) of subjection Court:pn~y .;,,
| defendant a notice that the defendant may attend the Court and.: answer fflIt» | (10) of section 41 of the Ordinance, there shall be 'seived on.1, the elector to ,'• |
| the charge in person, or may, at any time, not less than seven days ^ f ^ ' t j ^ |
| before the date fixed for the hearing, lodge with or-send, by post to the | .v • - , . ' . , , | |
| prosecuting officer a statutory declaration setting, out i any matter, which | ...-; -[-'^ | |
| he desires to set out in answer to the charge, and thatpunlessj the'prose- | ;';.-..o..".t; | |
| cutmg 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^rinted.br ' 'Wli t . tenron . |
| the summons or may be by separate document.served-.-therewith.*-- ::: '• : | : ! | |
(2) Where.a statutory declaration is received hy the prosecuting officer; inpursifarice. 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 tion, ;bring' the declaration to the notice of the Court. statements therein set"out, and shall, unless he withdraAvs the prosecu-
(3) The Court shall, at the hearing of the case, consider the statu-
tory 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 sub-
:' stance 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, discisetioit, > on the application of the
prosecuting officer, -adjourn the-hearing for.any period it thinlcs fit, to
| enable that officer to'answer the declaration. | .' | •' |
Evidence In
| Court of | 18.. (1) In.-,any prosecution in, a Court of .Summary.,Jurisdiction section; (10) of. section. 41 of the Ordinance, the prosecuting officer may lodge, with the Court, a statutory, declaration, together with- a certified extract.from the list prepared by.him, and it shall not then be necessary |
| Summary | in respect of any contravention of sub-paragraphs (o) or (l>) of sub- |
| Jurisdiction. |
| for him. to,.attend .at' the, hearing.. ; | ; -'r | . . | •. | . . . . . . . . | |
(2) Where a statutory declaration and certified extract have been
:lodged as provided by'.this regulation, ah'd 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 by any witness who is summoned by, or attends on behalf . of, the prosecuting officer.
to be. a. statutory declaration shall be...accepted .as such by the Court (3) |For .the .purposes of .this,.regulation any document purporting
Ayithout proof of the signature thereon or proof of the authority of thp person, before, whom it. purports to. have been made to..take statutory
| declarations. | . " • , . . | ....-,• |
| " | ' | ' | " | . | ' | . | i | . | . | " | , | . |
| Copies of | 19. Printed copies of the Holl may be'purchased from the Registrar at the' price of One^liilling per copy. |
| Boll. | : |
J