Local Authorities Acts Amendment Act of 1924 (15 Geo v No. 20) (Qld)

11078 LOANS, GOVERNMENT-LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 15 GEO. V. No. 20, incidental to the repayment of the sums borrowed under the authority of this Act exclusive of the sums aforesaid ana of or incidental to the management of the Sinking Fund shall be a charge upon and be paid out of the revenues of the State. Sinking (4.) Whenever the Treasurer notifies to the said t F o u 1 n :: d 0 a w t hen Trustees that arrangements have been made for the TroaEourer's repayment of the whole or any part of the sums borrowed disposal. under the authority of this Act exclusive of the sums aforesaid, the said Trustees shall take the necessary action so that the Sinking Fund or such part thereof as is required shall be available to the Treasurer for the purposes of repayment. Audit. (5.) The Sinking Fund Account shall be audited once at least in each financial year by the Auditor-General. Report to (6.) The Auditor-General shall cause a report to be Parliament. made to the Legislative Assembly in each year, giving full information in connection with the operations of such Sinking Fund during the last preceding financial year. LOCAL AUTHORITIES. 15 Geo. V. An Act to Amend" The Local Authorities Acts, No. 20. THE . 1902 to 1923" in certain particulars. LOCAL BE AL:THORITIES AME;~~~ENT [ASSENTED TO 28TH OCTOBER, 1924.] it enactedby the King's Most Excellent Majesty, ACT OF 1924. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Local Authorities and . Acts Amendment Act of 1924," and shall be read as one ~ ~ ~ ~ ~ CtlOl' with *" 'J.'he Local Authorities Acts, 1902 to 1923," herein collectively referred to as the Principal Act. 2. After section one hundred and two of the Principal Act the following section is inserted;- Road signs. " [ 1 02A. ] (1.) The Council of every Shire shall, within three years after the passing of "The Local Authon:ties Acts Amendment Act of 1924," at or near to every intersection of a main road with another road, establish * 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seq., 5653 5918, 8304, 9571, 10126, >"nd 10661.

LOCAL AUTHORI'l'IES. 11079 1924. Local A 1dhol'ities Acts Amendment Act. and thereafter maintain legible road signs: Provided that where such main road passes through a township or other centre of population it shall be sufficient to establish and maintain road signs on such main road within such township or centre at such points as will indicate the nearest important town or district. (2) A road sign shall state- (a) With respect to the main road, the name of the road and the name and distance or the nearest important town or district in each direction; and (b) With respect to the intersecting road, the name of the place to which such road leads. (3.) The Council of every Shire shall, at the traffic centre of each town or township within the Shire, and also at each point where a main road intersects the town or township boundary, erect a road sign bearing the name of the town or township. (4.) The Governor in Council may from time to time, by Order in Council, apply this section to the whole or any specified part of any town; and thereupon the Council of the town shall, with respect to that town or part thereof, be charged with duties similar, mutatis mutandis, to those herein imposed upon the Council of a Shire." 3. After rule forty-four of the Third Schedule of Amendment the Principal Act, the following rules are inserted :_ of Soh. Ill. "[.15.] vVhen a poll is required to be taken, it shall be taken Poll, how by a ballot in the mode prescribed in the foregoing provisions of taken. these rules, unless, in the case of a Shire, the Governor in Council directs that it shall be taken in the whole Shire or in any division or divisions thereof, by voting by postal ballot, in the mode next 1lCreinafter prescribed, in which case it shall be taken in thc whole Shire or in such division or divisions in the latter mode accordingly. VOTING BY POSTAL BALLOT. [46. J vVhen in the case of a Shire a poll is directed as afore- Voting by said to take place by voting by postal ballot, the following provisions postal ballot. :shall have effect in lieu of the provisions hereinbefore prescribed relating to voting by ballot. [47.J The returning officer shall forthwith, after the day of Ballot nomination, transmit by post to every voter entitled to vote at paper tsen~ the election a printed ballot-paper, and shall also on the Voters' ~ ko~ ~ . urnmg Roll in force make a mark against the name of every voter to whom to every he has posted a ballot-paper. Such Roll is hereinafter referred to voter. ,as the " marked Voters' Roll."

11080 LOCAL AUTHORITIES. Local Authorities Acts Ame.ndmcnt Act. 15 GEO. V. No. 20, The envelopes containing the ballot-papers so posted by the returning officer shall be endorsed with the words "Ballot-paper, Shire of " Every ballot-paper shall contain the names in full, in alpha- betical order, of all the candidates for the Shire or division, as the case may be, and shall be initialled by the returning officer. The ballot-paper shall be so printed and prepared that the voter may effectually conceal the name of the person for whom he has voted. The ballot-paper shall be in the form following, that is to say- A Gummed edge. B Perforation. How to Vote. Put a crosg in the square opposite the name of the candidate or the name of each candidate for whom you vote. Gum the top and sides of the paper down so that the letter, A A and B B in the corners meet, and after doing 80 get your signature witnessed by some other elector of the same shire, a ju"tice of the peace, or the Returning Ollicer. Then place the paper in th" accompanying envelope, which i< addressed to the Returning Officer, and endorsed" Ballot-paper"; close up the envelope, and post it :>t the Post Office. _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _A_._B_._[_in_i_ti_a_l8_o_1_R_e_tu_._rn_i_n_g_O_'ffi_c_e_r_l....._ _ _ 1 1 _I - :: : :; ~ : : I - - I GREEN, CHARLES I!I D SMITH, ABEL I LJ WILLlAMS, GEORGE Perforation. I ... 1 AB Perforation. Shire of [Division No. 1* of am an elector of this Shire [or division], and am entitled to vote at the election of t member of the Council, which is to take place at :t and closes on the day of 19 . I have not already voted at this election. I make this solemn decl:>ration conscientiously believing the same to be true, and subject to the penalties contained in .. The Local Authorities Acts, 1902 to 192-1." Witness- Elector, or Justice of the Peace [or Returning Officer]. Elector. * Ohristian name and surname in full. t Insert number of members to be elected. t State place of nomination.

LOCAL AUTHORITIES. 11081 1924. Local Authorities Acts Amendment Act. ---- - . - - - - - - - - - - - . - - ~ - - . - - [48.] Every ballot-paper so transmitted to a voter shall be Envelope accompanied by an unsealed envelope addressed to the returning addres.sed to officer at the place of nomination, and endorsed, "Ballot-paper, r~ urmng Shire of " 0 cer. [49.] In printing ballot-papers, regard shall be had to the Mode of following rules, that is to say- printing (i.) The paper used for ballot-papers shall be 0 f suc1 I t l ll · C k - pbaaplleorts·. ness as when folded will conceal the names of the candidates and the manner in which a voter has voted; (ii.) The name of every candidate shall be printed in plain capital letters of not smaller than pica type; (iii.) The name of one candidate only shall be printed in one line; (iv.) On each side of every such line there shall be a blank space of not less than one quarter of an inch; (v.) Reasonable space shall be left for the signature of the voter, and of the witness to the voter's declaration; (vi.) If two candidates have the same 'surname and christian name, the residence and occupation of each such candidate shall be added to his name. [50.] Before posting the ballot-papers the returning officer Papers to be shall cause the form of declaration on each ballot-paper to be filled filled up. in with- (i.) The name of the Shire or division, as the case may be; (ii.) The christian name and surname in full. when known, of the voter; (iii.) The place of residence of the voter; (iv.) The place of nomination; (v.) The number of members to be elected; and (vi.) The date on which the poll will close. [51.] If a candidate desires to retire from his candidature Candidate he may, before the ballot-papers are posted, sign and deliver to may retire. the returning officer, or to the clerk, who shall forthwith deliver it to the returning officer, a notice in the following form, or to the like effect:- I [A.B.] do hereby retire from being a candidate for election at the ensuing election of members for the Shire [or division of the Shire] of Dated this day of ,19 . Witness: C.D. (SIgned) A.B. The returning officer, on receipt of such notice, shall make known as publicly as possible, by advertisement in some newspaper or otherwise, the fact of the candidate's retirement, and, if the number of candidates is by his retirement reduced to the number of persons to be elected at the election, shall, as soon as conveni- ently may be, declare the remaining candidate or candidates to be duly elected, and, if the number is not so reduced, shall omit or erase the name of the candidate so retiring from the ballot-papers.

:11082 LOCAL AUTHORITIES. Local Authorities Acts Ame.nclment Act. '15 GEO. V. No. 20, Ballot·box at nearest Post Office. [52.] After posting the ballot-papers, the returning officer shall provide a locked ballot-box with a cleft or opening therein capable of receiving the ballot-papers, and he shall forthwith place such ballot-box in charge of the postmaster at the Post Office nearest to the place of nomination, but shall himself l'etain the key thereof. Ballot.paper [53.] (1.) The voter shall mark the ballot-paper by making po~ ted to a cross in the square opposite the name of the candidate or each orefftiucrenr. ing 0 f the candl· dates f or whom he votes, and fold up and gum together the parts thereof as indicated thereon, and shall then sign such paper in the presence of some other elector of the Shire, or a Justice, or the returning officer. He shall then place the ballot- paper in an envelope addressed to the returning officer at thc place of nomination, and endorsed, "Ballot-paper, Shire of , " and shall close the envelope and transmit the same by post. Returning (2.) The returning officer may, at. the request of a voter, officer may mark the ballot-paper by making a cross in the square opposite the assist voter. name of the candidate or each of the candidates for whom he votes, but the returning officer shall not personally receive any vote except through the post, as hereinbefore provided. Marksmen. (3.) The signature or mark of a voter who cannot write, or who cannot write the characters of the English language, must be attested by a Justice or the returning officer. (4.) No person who cannot write, or who cannot write the characters of the English language, shall be competent to attest the signature of a voter. Candidate or (5.) No candidate or the agent of a candidate at the election his agent not or postmaster or receiving officer of the Post Office shall attest the t? at~ est signature of a voter to a ballot-paper for use in· the election i every SIgna ures. such person who so witnesses a signature shall be liable to a penalty not exceeding fifty pounds, but the vote shall not be thereby invalidated. C~ ndidate or (6.) No candidate or agent of a candidate shall recE'ive or hIR agent not take any ballot-paper or envelope containing a ballot-paper from to collect ballot. a voter. papers. Penalty. Any 3uch person who so takes or receives a ballot-paper or envelope containing a ballot-paper from a voter shall be liable to a penalty not exceeding fifty pounds, and the election of a candi- date who or whose agent so takes or receives a ballot-paper or envelope containing a ballot-paper shall be void. Duplica1e (7.) At any time before three o'clock in the afternoon of t.he i cb n aaslceloes. rt·tpaianper dreaty. urnneinxgt pofrfeicceerdimngaythisesudeaya asepcpoonindt.eodr dfoupr licclaots.eingbalt.lhoet-ppaopllerthtoe any vot.er whose original ballot.-paper has miscarried or l).as been destroyed: Provided that. the voter shall first make a declarat.ion before the returning officer that. he has not received t.he original ballot.- paper, or t.hat it has been dest.royed, and t.hat he has not already voted at the election.

LOCAL AUTHORITIES. 11083 1924. Local A1lthorities Acts Amendntent Act. (8.) The postmaster shall deposit in the ballot-box referred to Duty of in section fifty-two of these rules every post letter addressed to the postmaster. returning officer or endorsed "Ballot-paper, Shire of " whi~ h is received through the post at his office between the day of nomination and six 0 'clock in the afternoon of the day appointed for closing the poll. All envelopes containing ballot-papers which have been irregularly posted and which the returning officer has on that account refused to accept, and all envelopes containing ballot- papers which have been posted or received through the post after the hour of six o'clock aforesaid, shall be endoo:sed to that effect by the postmaster, and be forthwith sent by him to the Dead Letter Department of the Post Office, where they shall be opened and returned to the senders. [54.] For the purposes of every election, the returning officer Place for shall appoint a place at which the votcs shall be examined and the examinatIOn result of the election ascertained. Ko house or place licensed or of votes. registered for the sale of fermented or spirituous liquors shall be appointed as the place for such examination and ascertainment. [55.] At six o'clock in the afternoon on the day appointed Removal of for closing the poll, the returning officer shall demand the ballot- ballot-box. box from the postmaster, and, if required to do so, shall give to the postmaster a written receipt for the same, and shall forthwith convey the ballot-box to the place appointed as hereinbefore pr'ovided for examining the votes and ascertaining the result of the election. [56.] The returning officer shall, then and there, in the Scrutiny of presence of his poll clerk (if any) and of such of the scrutineers votes ar: cl as may attend, but not of any candidate- declaratIOn. (i.) Examine and count the number of votes received for each candidate, observing with respect to each ballot- paper the following directions :-He shall first mark off the voter's name upon the marked Voters' RolL He shall then examine the declaration and attestation attached to the ballot-paper, and if they are regular shall mark the part containing the same and also the other part of the ballot-paper with the same number, beginning with the number 1 for the first vote dealt with, 2 for the next, and so on, in regular numerical order for all the votes allowed by him. He shall then separate the declaration and attestation from the other part of the ballot-paper, and deposit such declaration and attestation in a receptacle pro- vided for the purpose, and also forthwith deposit the other part in a locked ballot-box. If the declara- tion and attestatioll are not regular, he shall reject the ballot-paper without separating it into parts or marking any numbers thereon. When all the ballot- papers have been dealt with in manner aforesaid he shall open such ballot-box, and shall open out the parts of the ballot-papers deposited therein by tearing off the perforated gummed edges, and then proceed to examine and count the number of votes received for each candidate; N

11084 LOCAL AUTHORITIES. Local Authorities Acts A.me,ndment Act. 15 GEO. V. No. 20, (ii.) Make out a written statement, signed by himself and countersigned by the poll clerk (if any) and by any scrutineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes received for each candidate so counted aft aforesaid; (iii.) As soon as possible, there openly declare such numbers, and at the same time and place declare the name or names of the candidates elected; (iv.) Forthwith thereafter certify to the clerk, by writing under his hand, the name or names of the candidate or candidates so elected and the date of the declara- tion of the result of the election. At the time of opening the ballot-box the returning officel' shall produce, for the information of the scrutineers, the marked Voters' Roll. The number marked by the returning officer upon a ballot- paper, and being identical with the number marked by him on the attestation and declaration, shall at a scrutiny be conclusive evidence of the vote of the person making such declaration. Informal and [57.] At the examination of the ballot-papers every ballot- imperfect paper which- votes. (i.) Does not bear the· initials of the returning officer; or (ii.) Is not signed by the voter and attested in the manner prescribed by this Act; or (iii.) Is manifestly irregular; or (iv.) Is signed by any person other than a qualified voter; or (v.) Has no cross opposite the name of a candidate, or has fewer crosses or more crosses in such squares than the number of candidates to be elected; or (vi.) Is so imperfectly executed that the intention of the voter cannot with certainty be ascertained; shall be rejected. Casting vote. [58.] If the number of votes for two or more candidates is found to be equal, the returning officer shall decide by his casting vote which shall be elected. No returning officer shall vote at any election except in the case of an equality of votes. Disposal ot ballot- papers. [59.] The returning officer shall forthwith, after the declara- tion of the result of the election- (i.) Make up in one packet all the parts of the ballot- papers, together with the marked Voters' Roll; (ii.) Securely fasten and seal up such packet, and also permit the same to be sealed by the scrutineers present if they so desire; (iii.) Endorse upon such packet when so sealed a descrip- tion of the contents thereof, and the name of the Shire or division, and the date of closing the poll, and sign such endorsement with his name; (iv.) Cause such sealed packet to be delivered to the clerk.

LOCAL AUTHORITIES. 11085 1924. Local Atlthorities Acts Amendment Act. The clerk shall safely keep the same for twelve months after the receipt thereof. At the expiration of such period of twelve months the chairman shall cause the ballot-papers to be destroyed in the presence of at least three members of the Council. If any question at any time arises touching the votes. alleged to have been given at any election, the ballot-papers contained in any such sealed packet shall be received in evidence as proof of such votes in any Court of Justice, upon production thereof, and upon proof that the same were transmitted to the clerk in due course by the returning officer. [60.] If the returning officer is prevented from attending to Substitute any of his duties by illness or other sufficient cause, he may, by for returning wrting under his hand, appoint a substitute to act for him. officer. Such substitute shall thereupon for the time being have all the power and authority of and be deemed to be the returning officer. [61.] (1.) If a returning officer, or any scrutineer,or poll Votes not to clerk, in the discharge of his duties under this Act, at or concern- be divulged. ing an election, learns for what candidate any voter has voted at such election, he shall not by word or act, or any other means whatsoever, directly or indirectly, divulge or discover or aid in divulging or discovering the fact, save in answer to some question which he is legally bound to answer. (2.) If the returning officer or any scrutineer or poll clerk Returning makes any mark upon any list of voters, or makes or writes any officer, &c., nreomteemobrer,mfeomr owrahnadt ucmandd 1 · ednaotetinagn, y ovrotewrhheraesbvyotheed actanankenloecw·tlOonr, nmnooettmetsooromarna·ke he shall be liable to a penalty not exceeding fifty pounds. dum of votes. (3.) Every person acting as returning officer or poll clerk at Misfeasance, an election who is guilty of any wilful misfeasance, or wilful or &c., of negligent act of commission or omission, contrary to any of the officers, &c. provisions of this Act, shall for every such offence be liable to a penalty not exceeding fifty pounds. [62.] In a divided Shire, the foregoing provisions of these Elections for rules relating to voting by postal-ballot shall be read as applying divisions. to elections of members to be held for each division instead of for the Shire at large. " 4. After section thirty-five of the Fourth Schedule Amendment of the Principal Act, the following section is inserted of Sch. IV. under the following heading:- "35A.-NATIVE FLORA. "The protection of native flora and plants growing upon any land within the Area; preventing the plucking of wild flowers and the destruction or removal of native flora and plants from any such land whatsoever without the permission of the owner or person having the possession or control thereof."

11086 LOCAL AUTHORITIES-OATHS. Oaths Act Amendment Act. 15 GEO. V. No. 7,1924. After section fifty-five of the said Schedule the following section is inserted ; - " 55.\..-SEWERAGE WORKS. " Notwithstanding anything in this Act or in any other Act provided, requiring all or any sanitary conveniences and drains or drainage systems to be connected with any sewerage works constructed by the Local Authority and prescribing the conditions upon which such connections shall be made." MEASURES. See WEIGHTS AND MEASURES. OATHS. 15 Geo. V. An Act to Amend the" OathsAct of 1867" In a No. 7. THE OATHS certain particular. ACT AMENDMENT ACT OF 1924. [ASSENTED TO 8TH SEPTEMBER, 1924.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ; - Short title 1. This Act may be cited as "The OathsAct at ~ ~ ~ struction Amendment Act 1924," and shall be read as one with of Act. the *" OathsAct of 1867," herein referred to as the Principal Act. 2. After section thirty-two of the Principal Act the following section is inserted ;- Spec!a! " [33. ] Any person taking any oath on the Bible f~ oov; ~ ~ ~ ~ aB or the New Testament or the Old Testament, for any purpose whatsoever, whether in judicial proceedings or otherwise, shall, if physically capable of doing so, hold a copy of a Bible or Testament in his hand, but it shall not be necessary for him to kiss such copy by way of assent. * 31 Vie. No. 12, supra, page 2281.