Local Authorities Acts Amendment Act of 1929 (20 Geo v No. 31) (Qld)

12692 LOCAL AU'rnORI'l'lES. Local Authorities Acts Amendmellt Act. 20 GEO. V. No. 31, LOCAL AUTHORITIES. 20 Geo. V. An Act to Amend "The Local Authorities Acts, No. 3I. THE LOCAL 1902 to 1927," and other Acts in certain A l}THORITIES ACTS particulars. AMENDMENT ACT OF 1929. [ASSENTED TO 23RD DECEMBER, 1929.] 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 Local Authorities ~ ~~ struction. Acts Amendment Act of 1929," and shall be read as one with *" The Local Authorities Acts, 1902 to 1927," herein collectively referred to as the Principal Act. The Principal Act and this Act shall be collectively cited as " The Local Authorities Acts, 1902 to 1929." Amendment 2. The following amendment is made in section of s. 7. seven of the Principal Act, namely:- The definition of "Elector" is repealed and the following definition is inserted in lieu thereof:- " "Elector"-A person enrolled on a Voters' Roll compiled under this Act; ". Amendment 3. Section thirteen of the Principal Act is hereby of s. 13. repealed and the following section thirteen inserted in lieu thereof:- Towns. "[13.] (1.) Every Town shall be governed by a Council composed of not more than twelve members and not less than six members, as the Governor in Council from time to time declares by Order in Council. If the Town is divided, three members shall in like manner be assigned to each ward. If the Town is not divided, the number of members shall be seven, nine, or eleven. The members of the Council of a Town shall be called "Aldermen." The Chairman in the case of a Town or City shall be called "The Mayor." - - - - - --------------------- * 2 Edw. VII. No. 19 and amending ActR, supra, pages 1860 et. 8Cq., and sessional volumes.

LOCAL AUTHORITIES. ---------------------------- 12693 HJ29. Local A1tthorities Acts Amendment Act. ---------- (2.) Every Shire shall be governed by a CouncilShiras. composed of not more than twelve members, and not less than five members, as the Governor in Council from time to time declares by Order in Council. If the Shire is divided, the number of members shall in like manner from time to time be assigned to each Division. The number so assigned shall not be more than three for any Division, and need not be the same for each Division. If the Shire is not divided, the number of members shall be five, seven, or nine. The members of the Council of a Shire shall be called "Councillors." 4. Subdivision Il. of Part Ill. of the Principal Act is repealed and the following subdivision is inserted in lieu thereof:- "Subdivision II.-Qualification and Election of Members. [15.] Any person who under this Act is qualified to Qualification be enrolled on the Voters' Roll of an Area, and is not of member. under any of the disabilities hereinafter specified, shall be qualified to be nominated as a candidate and to b~ elected or appointed and to act as a member of th~ Local Authority of such Area, but only so long as he continues to hold such qualification. When an Area is divided it is not necessary that the qualification should arise in respect of land within the division for which a candidate is nominated or a member is elected or appointed. [16.J No ~ erson who- Disqualifica. (i.) Is concerned or participates in the profit of tiom. any contract with the Local Authority; or (ii.) Has his affairs under liquidation by arrange- ment with his creditors or is an uncertificated or undischarged insolvent; or (iii.) Is undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended under section six hundred and fifty-six of *" The Criminal Code"; or * 63 Vie. No. 9, Schedule 1., supra, page 344.

12694 LOCAL AUTHORI'fIES. Local Authorities Acts Amendment Act. 20 GEO. V. ~ o. 31, (iv.) Is an insane person within the meaning of the laws in force for the time being relating to insanity; shall be capable of heing or continuing a member: Certain acts Provided that nothing herein shall disqualify any innoctatpoacitate person from bem. g or cont"lnumg a memb er so I e I y because for b h' he is concerned or has participated or participates in a mom ers lp. t ransactI'On W ' l th the L oca I Auth Or.Ity.m respect 0 f - (a) A lease, sale, or purchase of lands; or an agreement for such lease, sale, or purcht{se; or (b) An agreement fO!" the loan of money or any security for the payment of money; or (c) A contract entered into by an incorporated company for the general benefit of such company; or (d) A contract for the publication of advertise- ments in a public journal; or (e) The sale of goods to or the performance of any work for the Local Authority bona fide in the ordinary course of business and not pursuant to any written contract and not exceeding the sum or value of twenty pounds in anyone year. Tenure o! office of [17.] (1.) Subject to this Act every member shall member. hold office for three years. (2.) The office of member shall- (a) Commence on the day of his election or appointment thereto; (b) Become vacant at the conclusion of the next triennial election under this Act unless sooner vacated as hereinafter provided. (3.) Whenever at t,he triennial election a poll has become unnecessary in respect of any candidate, and the Returning Officer has duly declared him to be elected, he shall not be entitled to act as member until the conclusion of that election.

LOCAL AUTHORITIES. 12695 1929. Local Authorities Acts Arnendment Act. [18.] (1.) The office of Chairman or member of a When office I,ocal Authority shall be vacated- if; vacant. (i.) If he is or has become disqualified, or has ceased to be qualified, under the provisions of this Act; or (ii. ) If, without leave obtained from the Local Authority in that behalf, he has, in the case of a Shire, been absent from three or more consecutive ordinary meetings extending over a period of three months at the least, or, in the case of a Town, been absent from four or more consecutive ordinary meetings; or ( •.1 .. l . L ) If he is ousted from his office by the Supreme Court; or (iv.) If he ceases for any reason to hold office before the day on which the office would ordinarily become vacall t : Provided that the non-attendance of a member at Non.attend. t S h h ea 11 timnoet a b ned d peleamcee d aptpooicnotendstI . ftourteana b osrednicnear f y · rommee S t U i C n h g c» moueeueentitnnogutnlteoss meeting unless a meeting of the Local Authority at actually which a quorum is present is actually held on that day: held. Provided further that the attendance of a member Attendanco at the time and place appointed for an ordinary meeting : ;e~ B~ : ~ shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the clerk shall enter in the minute book the names of all members who so attend. (2.) If a Chairman or member before he is capable Disqualified of acting as such, or after his office has become vacated, per~ on acts or continues to act as Chairman or member, knowing actmg. that he is not capable or that his office has become vacated, he shall be liable to a penalty not exceeding fifty pounds. [19.] If the Area is not divided, the members shall Voter". be elected by the electors of the Area. In a divided Area the members shall be elected for each division by the electors of such division. v

12696 LOCAL AU'l'HORI'I'IES. Local Authorities Acts Amendment Act. 20 GEO. V. No. 31, One vote . only. [20.J (1.) At any election or poll under or for the purposes of this Act, each elector shall have one vote only. (2.) The voting shall be by ballot. (3.) The election or poll shall be held on a Saturday. V at6rs' roll. [21.J (1.) For the purpose of every triennial election it shall be the duty of the Returning Officer to compile, not later than the fourteenth day of March in the year of the triennial election, a Voters' Roll for the Area or each division, as the case may require, and in so doing he shall observe the following rules :- (i.) The Voters' Roll shall consist of the names arranged alphabetically and numbered in regular arithmetical order, of every person, whether male or female, of the age of twenty- one years, who is a natural-born or naturalised subject of His Majesty, and whose name appears in the Rate Book as the occupier of rateable land within the Area. (ii.) When more persons than one are occupiers of the same rateable land each of such persons shall be deemed to be the occupier and their names shall be enrolled on the Voters' Roll. (iii.) When a corporation or joint stock company is the occupier of rateable land, such corpora- tion or joint stock company may, in writing, request the name of some person to be entered in the Rate Book as the occupier of such land, and the name of such person shall be enrolled on the Voters' Hol1. (iv.) At any election held in a new Area which consists in whole or in part of land which immediately before the constitution of the Area was comprised in another Area or other Areas, the persons whose names then appeared in the Rate Books of such Area or Areas as occupiers shall be entitled to vote. Copies of such Rate Books or so much thereof as relates to rateable land within the new Area shall be supplied by the clerk or clerks having the custody of them, to the Returning Officer appointed to act at any such election.

LOCAL AUTHORITIES. 12697 1821). Loeal Authorities Acts Amendment ,tet. (2.) The Voters' Roll shall be in the following form or to the like effect :- Voters' Roll for the Town [or City or Shire] of [or for the Ward of the Town [or City] or Division of the Shire of .] Dated this day of , 19 . Signed Returning Offieer. No. Surname and Christian Name, Address, Number in Rate Book. Division No. 1. 1 ........ Baird, John MeEwing, Morestone Downs, 220 2 ...... , . Baldie, David, Morestone Station, 100 3 ........ Beaumont, Alexander, Undilla Station, 200 Division No. 2. 1. ....... Abbott, Herbert Francis, Duck Creek, 300 2 ........ Abbott, William, Marrabah, miner, 150 3 ........ Absolam, Albert Arthur, Cloncurry, 160 (3.) The Returning Officer shall furnish copies of the Voters' Roll to any person requiring them on payment of a sum not exceeding one shilling for every copy thereof. (4.) For the purposes of any pon or election held on any day other than the day of the triennial election, the Voters' Roll shall be amended so as to comprise the names of all occupiers whose names have been entered ill the Rate Book as such not later than thirty clear days before the day on which the poll is to be taken. [22.J (1.) In every Area a triennial election ofTl' ie~ ial members shall be held. eleCtIOn. (2.) The election of members shall be held on any Saturday in April, one thousand nine hundred and thirty, as the Returning Officer appoints, and thereafter on any Saturday in April in every third year as the Returning Officer appoints. (3.) At every triennjal election the whole number of members shall be elected. (4.) In the case of a newly constituted Area the first election of members shall be held on a Saturday as the Governor in Council in the Order in Council constitu- ting the Area appoints, and such members shall retain office until the conclusion of the next triennial election.

12698 LOCAL AU'fHORI'rIES. Local Authorities Acts Amendment Act. 20 GEO. V. No. 31, Rules as to (5.) The rules, forms, and directions contained in election9. the Third Schedule to this Act shall, as to all matters to which they extend, regulate the proceedings in relation to elections held in pursuance of this Act. Resigna. tion. [23.] A Chairman or any member may resign his office by writing under his hand, addressed to the clerk; and such resignation shall be complete and shall take effect from the time when it is received by the clerk. Extra- ordinary vacancy. [24.] Save as hereinafter provided, when any extra- ordinary vacancv arises in the office of member the Local Authority shall: at a special meeting called for the purpose, appoint a qualified person to be member in his stead. If after the expiration of fourteen days from the time appointed for the special meeting as aforesaid no member is appointed, the Governor in Council may appoint a qualified person to fill such vacancy: Provided that before the expiration of such time, on the request in writing under their hands of an absolute majority of the members so to do, the Governor in Council may appoint a qualified person to fill such vacancy. If extraordinary vacancies occur at any time as to prevent a quorum of members from being obtained, an election shall be held to fill such vacancies. A person elected or appointed under this section to fill any extraordinary vacancy shall, subject to this Act, hold office for the remainder of the period for which his predecessor was elected or appointed. Members may be re-elected. [25.] Nothing herein contained shall prevent any person from being immediately, or at any time, appointed or re-elected to the office of member if he is capable for the time being, under this Act, of being and continuing such member. New [26.] When a change is made in the number of eclheacntigoenisnon members, or a change is made in the boundaries of an number of Area or division, the Governor in Council may by Order bmoeumndbaerriseos. r in Council declare and direct whether a new election of a member or members shall be held for the Area or any division thereof, and, if so, when such election shall be held, and whether any and which of the existing members shaH go out of office, and at what time.

] 929. IJOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 12699 [27.] Notwithstanding anything in this Act con- P.ower to t a·Ined, the Governor I.n Coun' Cll may, upon the petI' t' IOn CdIosusonlcviel. a of at least one-fifth of the electors of the whole Area, by Order in Council at any time, if in his opinion circum- stances have arisen rendering it necessary so to do, dissolve any Council, whereupon the following conse- quences shall ensue:- (a) The members of the Council shall forthwith go out of office; (b) A fresh election of the members of the Council shall be held by and before such Returning Officer, and at such time as the Governor in Council may appoint; and, if necessary, a fresh Voters' Roll shall be compiled in accordance with this Act for such election by such person and in such manner as the Governor in Council may direct, and such Roll, when compiled and certified to be correct by such person, shall be conclusive as to the right to vote, and shall not be questioned at or in connection with such election. The Governor in Council shall appoint some person to carry on, until the first meeting of the new Council, all works authorised or commenced before the dissolution of the Council, and to pay all expenses connected there- with and all administration and office expenses; and for this purpose such person shall, until that meeting, be deemed to be the Local Authority, and may exercise all the powers thereof." 5 Part IV. of the Principal Act is repealed and Amendment the f 0 1' 1OW' Ing P ar t · IV. I.S,InSert ed'In I I ' eu therefo: - of Part IV, "PART IV.-CHAIRMAN. [29.] (1.) At the first meeting of th6 Local Authority Ele~ tion of of a newly constituted Area, or at some adjournment ChaIrman. thereof, and thereafter at the first meeting of the Local Authority after the conclusion of every triennial election of members, or at some adjournment thereof, the members present shall choose one of the members to be

12700 LOCAL ~ UJTHORITJES. -------------- Loco[ Authorities Acts Amendment Act. 20 GEO. V. No. 31, Chairman, who shall, except as hereinafter provided, hold office until the conclusion of the next triennial election of members. (2.) At every meeting for the election of a Chairman the clerk shall preside and shall have and may exercise all the powers and authorities of the Chairman other than the right to vote. (3.) If the Chairman resigns his office as Chairman or member, or his office otherwise becomes vacant, the Local Authority shall elect a member to be Chairman in his stead, who shall hold office until the period aforesaid. The vacancy shall be filled at a special meeting of the Local Authority to be called by the clerk forthwith. (4.) The office of Chairman shall- (a) Commence on the day of his election or appointment thereto; (b) Become vacant on the day of the election or appointment of his successor or on the occurrence of an extraordinary vacancy. Appoint- (5.) If after the expiration of fourteen days from Cmheanitrmofan if the tI.me appointed for the election 0 f a Cha· Irman no non9 e!ected. Chairman is elected, the Governor in Council may appoint one of the members to be Chairman: Provided that before the expiration of such time, on the request, in writing, under their hands, of an absolute majority of the members so to do, the Governor in Council may appoint one of the members to be Chairman. Meeting to elect. [29A.] (1.) (a) The clerk shall (subject to any directions which the Local Authority may give) call a meeting in accordance with section thirty-seven of this Act whenever necessary, for the purpose of electing a Chairman. (b) Where there is no clerk (as in the case of a newly constituted Area), the Returning Officer shall call such meeting. Notice and (2.) Where a meeting is duly called for the purpose attendance. of electing a Chairman, if any member shall fail, without reasonable excuse to the satisfaction of the Local

LOCAL AUTHORITIES. 12701 1929. Local Atlthorities Acts Amendment Act. Authority, to attend such meeting, or, being present at such meeting, leave the same before the completion of the election and the declaration of the result, unless with the cunsent of the majority of the members of the Local Authority present, expressed by resolution without notice, he shall be liable to a penalty not exceeding two pounds. (3.) Nominations for the office of Chairman may be ~omina­ made without notice by any member, and shall be in hons. writing. If there shall be only one nomination, or if all the nominations except one shall be withdrawn, or if all the persons nominated except one shall decline nomination, then the Chairman shall declare that one elected. (4.) (a) The election shall be by preferential ballot, Met~ od of and the clerk shall be the Returning Officer. electIOn. (b) The ballot-paper shall contain the names of all the candidates, and the members shall mark their votes thereon by placing the figures 1, 2, 3, &c., against the various names, thus indicating the order of their preference for the various candidates. (c) If any candidate receives more first-preference votes than one-half of the total votes recorded, that member shall be declared elected. In any other case the candidate with the lowest number of first-preference votes shall be defeated, and the votes on his ballot- papers shall be transferred to the candidates in whose favour second preferences are marked thereon. If any candidate, after such transfer, shall be found to have received more votes than one-half the total number of votes recorded, he shall be declared elected. If not, the lowest remaining candidate shall be defeated. This process shall be continued, mutatis mutandis, until one candidate is found to have received a majority of the votes cast, or until two candidates remain and their votes are equal. (d) If at the ballot the number of votes cast for two or more candidates is equal, the Returning Officer may request the candidates to draw lots, and if any or all decline, shall himself draw lots for them, and shall, in accordance with the result of such drawing of lots, declare which of such candidates is unsuccessful in the ballot, and if it be a final ballot, shall declare the successful candidate to be duly elected.

12702 LOCAL AUTHORITIES. Local Authorities Acts Amend'ment Act. 20 GEO. V. No. 31, Chairman may authorise certain works. &c. [30.] (1.) The Chairman may, unless otherwise directed by By-law or by resolution of the Local Authority, authorise any work which in his opinion is urgent, at a cost not exceeding twenty pounds or such higher limit as the Local Authority may determine. (2.) The Chairman shall give effect to any By-law, resolution, minute, or report which has been passed or adopted by the Local Authority. Me3ting~ . [31.] (1.) The Chairman shall preside at every meeting of the Local Authority at which he is present, and if he is absent another member shall be elected at the meeting to be Chairman during the absence of the Chairman from the meeting. (2.) If an extraordinary vacancy has arisen in the office of Chairman, the members present at any meeting, other than a special meeting called for the election of Chairman, shall elect from amongst themselves a member to be and act as Deputy Chairman pending the filling of such vacancy. Deputy Chairman. (3.) If the Chairman is at any time temporarily absent from the Area, or if he is ill, the Local Authority may, if it thinks fit, appoint one of its members to act as Deputy Chairman during the time of such absence or illness, and the Deputy Chairman while so acting, and until the Chairman returns to the Area or notifies the clerk in writing under his hand of the fact of his recovery from illness (but within the term of office of such Chairman), may do all acts that the Chairman, as such, may do. Allowance to [32.] The Local Authority or Joint Local Authority Chairman. may grant an allowance to the Chairman from the Local Fund or Common Fund." Amendment 6. Section 830 of the Principal Act is amended of s. 83c. by the insertion, after subsection twelve thereof, of the following paragraph :- " (j) The truncating of land abutting on road junctions or intersections of roads." Amendment 7. In subsection eight of section ninety-five of the of s. !J5. Principal Act, the words" ten pounds" are repealed and the words" fifty pounds" are inserted in lieu thereof.

LOCAL AUTHORITIES. 12703 19:29. Local A1lthorit1:es Acts Amendment Act. ---.-.--.--------0------,-------------- 8. In paragraph (d) of the proviso to section one Amendment hundred and twenty of the Principal Act, the words of s. 120. " the Gazette and in" are repealed. 9. After section 1510 of the Principal Act the New section f o 11 ow · mg sec t IO · n · IS · Inser t e d , name I y : - 151D . " [151 D.J The Local Authority or Joint Local i~ ll gates, Authority may erect toll gates, toll bars, and other . works necessary for the collection of tolls, rates, and dues. " 10. After paragraph (v.) in section one hundred Amendment and sixty - one of the Principal Act the following of s. 161. paragraph is inserted:- " (vi.) Instal motors, electric wires, electric lamps, Electricity. and other fittings and equipment in public or private buildings, works, dwellings, and other places, and charge rent for the use thereof, or accept payment therefor by instalments; Supply and sell electricity, and recover charges and other moneys due in respect of the same; Contract with any person for the supply of electricity to him or to any structure, premises, or land of which he is the owner or occupier, in such manner and under such stipulations as the Local Authority thinks proper; Enter into contracts with Local Authorities and other bodies and persons for the supply and sale to them of electricity in bulk; and such Local Authorities or other bodies or persons may distribute such electricity to consumers either as agents of the Local Authority or body or person, or on their own behalf, on such terms and conditions as may be agreed upon; Make such arrangements as it may deem expedient to consumers, either individually or collectively, whose point of consumption IS outside the Area, for the erection and

12704 LOCAL AUTHORITIES. Local AuthoTities Acts Amendment Act. 20 GEO. V. No. 8], mamtenance of transmission lines, and supply of electricity, whether in bulk or otherwise." and paragraph (vi.) IS renumbered paragraph (vii.) accordingly. Powers in respect of supplying electricity, &c. H. After section one hundred and sixtv-one of the Principal ACt the following new sections are' inserted : - "[161A.] Notwithstanding anything contained in *" The Water Act of 1926" or in any Act to the contrary, when a Local Authority has been constituted for the purpose of the construction, management, and control of works for the manufacture or conservation and supply of electricity or hydraulic or other power, and for such purpose it is necessary for such Local Authority to obtain the necessary electricity or hydraulic or other power by the utilisation of power from a river, stream, or creek (whether or not such river, stream, or creek is subject to tidal influence) it is hereby declared that such Local Authority shall have full power and authority to obtain such necessary electricity or hydraulic or other power by the utilisation of power from any river, stream, or creek, whether within or outside its Area, and for that purpose may construct, maintain, and manage all works, pipes, appliances, apparatus, and all other matters and things (herein referred to as " the works" in connection therewith or appurtenant thereto which such Local Authority deems necessary for such purpose. No action, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against the Local Authority or any officer thereof or ~ my other person for or in respect of the construction, maintenance, management, or working of the works or any part thereof or for or in respect of any alleged obstruction by the works or any part thereof of the river, stream, or creek concerned, or for or in respect of any deprivation of access to or diminution of the quantity of water in the river, stream, or creek concerned, by reason of the construction, maintenance, management, or working of the works or any part thereof, or for or in respect of any damages, loss, or expenses occasioned or alleged to be occasioned or in anywise whatsoever arising from the construction, maintenance, management, or working of the works or any part thereof: * 17 Geo. V. No. 12, 8upra, page 11733.

LOCAL AUTHORITIES. 12706 192(). LOC(JJ Authorities Acts Amendment Act. Provided that where such Local Authority is required for the purpose of the construction, main- tenance, management, or working of the works to purchase and take any lands, whether within or outside its Area, the provisions of *" The Public Works Land Resumption Acts, 1906 to 1917" (or any Act amending the same) shall apply and extend accordingly. [161B.] For the purposes of this Subdivision (XIV.) Powers of the Local Authority, its officers, workmen, and servants, entry. shall have power to enter on any land within the Area and to break the surface, excavate, and do all necessary work in connection with construction or otherwise, after giving fourteen days' notice of its intention so to do to the owners or occupiers of land." 12. The following new section is inserted after section two hundred and sixteen of the Principal Act:- con t r " a [ r 2 y 1 , 6 a A I . I ] I aNno d tw 1 eiathses d tantodinagnyanpyersootnheorr Acocrtpotora t tI · hone mfLraoisnmsdioClneoearrnse-fdor by the Commissioner for Railways shall be deemed Railways to rateable land within the meaning of this Act: l~en~~teable Provided nevertheless that any such land leased to any person or corporation by the Commissioner afore- said under an agreement entered into before the first day of December, one thousand iUine hundred and twenty-nine, shall be exempted from the payment of rates during the period of such agreement unless such agreement contained a condition that the lessee was lia,ble tor the payment of rates." 13. After the second paragraph of subsection two Amendment of section two hundred and eighteen of the Principal Act of B. 218. the following proviso is inserted:- - "Provided that in the case of a dredging claim the value of the land shall be deemed to be a sum equal to five times the annual rent payable at the time when the valuation is made." 14. The following additional proviso is added to Amendment subsection one of section two hundred and thirty-three of s. 233. of the Principal Act, namely:- " Provided further that in anv Area or division the Local Authority may make and u levy a General Rate, * 6 Edw. VII. No. 14 and amending Acts, .mpra, page 8211 et seq.

12706 LOCAL AUTHOIUTIES. Local Atlthorities Acts Amendment Act. 20 GEO. V. No. :31, less in amount in respect of land which is infested with noxious weeds pr plants, or in respect of land held from the Crown under Special Lease under section one hundred and ninety-one of *" The Land Acts, 1910 to 1927 " and any Act amending the same, than the General Rate made and levied on other lands, but no such General Rate in respect of such land shall be less than one half-penny in the pound." Amendment 15. Section 243A of the Principal Act is amended, of B. 243A. by inserting a new paragraph (c) after paragraph (b) of the said section, namely : - "(c) Such Special Sewerage and Cleansing Rate or such Special Sewerage Rate may be demanded and recovered in respect of- (i.) Any place or building in the use or occupa- tion of the Crown, or of any person or corporation, which is used for public purposes, including places or buildings vested in trustees for any acclimatisation society, public recreation ground, or agricul- tural or pastoral society for the purposes of a showground ; (ii.) Any place or building used exclusively for public worship, or for public worship and educational purposes, or for a mechanics' institute, school of arts, school of mines, technical school or college, public school, library, or cemetery; and (iii.) Any place or building used exclusively as a hospital, hospital for the insane, benevolent asylum, or orphanage. Before any such Rates are demanded, the Local Authority shall by By-law regulate the scale or principle of assessing or calcu- lating the amount thereof, and such scale or principle may be different in respect of different kinds of buildings affected thereby." In the last provision of the said section, after the words" paragraph (b) " the words "or paragraph (c) ,. are inserted. * 1 Geo. V. ~ o. 15 and amending Acts, supra, page 8775, and sessional volumes.

LOCAL AUrrHORI,]'IES. 12707 1929. Local Authorities Acts Amendment Act. The following paragraph is added to the said section, namely:- "No rate payable under this section in respect of a separate portion of rateable land shall be of a less amount than one pound." 16. After subsection six of section two hundred Amendment and fifty of the Principal Act the following subsection is of s. 250. inserted, numbered seven, namely:- " (7.) Notwithstanding anything contained in this Act, when in respect of any rateable land held under *"The Discharged Soldiers' Settlement Acts, 1917 to 1926," or under any tenure peculiar to Gold Fields or Mineral Fields, any Rates have accrued thereon under this Act, the Local Authority may, with the consent of the Minister, remit such Rates wholly or in part, and for any period or periods, or may enter into any agreement with any person for the payment to the Local Authority of a composition in respect of such Rates in lieu of the actual amount of the Rates accrued: Provided that this section shall not apply to any Rates becoming due and in arrear after the passing of this Act." 17. Section two hundred and seventy-six of the Amendment Principal Act is amended as follows:- of s. 276. (a) The following additional paragraphs are inserted after the fourth paragraph of the said section, namely :- "Whenever any person transfers or forfeits any land to the Crown, he shall give notice in writing of such transfer or forfeiture within thirty days after the execution of the instrument of transfer or after such forfeiture, as the case may be, to the Local Authority, specifying the description of the land. Any person being the occupier of rateable land and liable to pay any Rate or charge in respect of such land shall, within thirty days of ceasing to be the occupier of such land, notify the Local Authority." (b) The paragraph beginning with "Any person who fails" to and including "not exceeding twenty pounds" * 7 Geo. V. No. 32 and amending Acts, supra, pages 9453 et seq.

12708 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 20 GEO. V. Nu. 31, is repealed and the following paragraph is inserted in lieu thereof :- "Any person who fails to give any notice required to be given to the Local Authority under this section shall be liable to a penalty not exceeding twenty pounds, proceedings for the recovery of which penalty may be commenced within six months after such failure comes to the knowledge of the Local Authority." Amendment 18. In section three hundred and four of the of s. 304. Principal Act, after the word "money" the words "other than for tempora ry accommodation aB hereinafter provided," are jnserted. New section 19. After section three hundred and nine of the 309A. Principal Act the following section is inserted, namely:- Overdraft " [309A.] A Local Authority may obtain advances fuonrdgear-s, &c., from any Bank by way of overdraft in respect of any takings. undertaking for the manufacture or conservation and supply of gas or electricity or hydraulic or other power: Provided that no such overdraft or accommodation shall at any time or under any circumstances exceed twenty per centum of the revenue of any such undertaking in the year then last past. For the purposes of this section the expression "revenue" shall not be deemed to include any moneys received by a Local Authority by way of a Special Rate." Amendment 20. Section three hundred and sixty-six of the of s. 366. Principal Act is amended as follows : - (a) In paragraph (i.), the word "boundary" is repealed. (b) After paragraph (iv.) the following new para- graph is inserted, viz. :- " (iV.A) The construction, management, and control of works for the manufacture or conservation and supply of electricity or hydraulic or other power, and to acquire or take over any undertaking for the manu- facture or conservation and supply of electricity or hydraulic or other power, and to manage and control such underta.king."

LOCAL AUTHORITIES. 12709 1929. Local A1lthorities Acts Amendment Aet. 21. The following paragraph is added to section Amendment three hundred and seventY-Eleven of the Principal Act :_ of s. 377 " In the case of a ,T oint Local Authority constituted for the construction, management, and control of works for the manufacture and supply of electricity or hydraulic or other power, and/or the acquisition or taking over any undertaking for the manufacture or conservation and supply of electricity or hydraulic or other power and to manage and control such under- taking, such Joint Local Authority shall have such of the powers, rights, privileges, and authorities, and be subject to such liabilities, duties, obligations, and responsibilities of the I,ocal Authority or Joint Local Authority under this Act or any other Act conferring powers, rights, privileges, and authorities, and imposing liabilities, duties, obligations, and respon- sibilities upon the Local Authority or Joint Local Authority as may be presc:ribed in the Order in Council constituting such Joint Local Authority. Without in anywise limiting the provisions of the last preceding paragraph, such of the provisions of *" The Water Power Act of 1922" which may be considered necessary and convenient to be applied in respect of the Joint Local Au1jhority concerned, together with any amendments thereof or additions thereto, may be applied in respect of such Joint Local Authority and as may be set forth in the Order in Council concerned." Such last-mentioned Act is amended, by inserting in section three, before the word "Machinery" the following definition :-. " "Local Authority" or "Joint Local Authority"- Local. A Local Authority or Joint Local Authority, i~~ ~ O£ ! ~at as the case may be, constituted under t"TheAuthority. Local Authorities Acts, 1902 to 1929," and any Act amending the same." 22. Subsection five of section three hundred and Amendment sixty-nine of the Principal Act is repealed, and the of s. 369. following subsection is inserted in lieu thereof :- "(5.) Subject as aforesaid, every member shall remain in office until the conclusion of the next ensuing triennial elections of the Local Authority which has elected him." * 13 Geo. V. No. 20, supra, page 10258. t 2 Edw. VII. No. 19 and amending Acts, supra, pago 1860, and sessional volumes.

12710 LOCAL AUTHORT'l'IES. Local Authorities Acts Amendment Act. 20 GEO. V. No. 31, Amendment 23. The following new subsection is added to to 8. 395. section three hundred and ninety-five, as follows : - " (5.) Notwithstanding anything contained in this Act, all Orders in Council made or purporting to be made under this Act, when published in the Gazette, shall have the same force of law as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceeding whatsoever." Amendment of Schedule 24. Schedule Ill. is repealed, and the following Ill. Schedule is inserted in lieu thereof:- [Section 22.] THIRD SCHEDUI~ E. RULES FOR THE CONDUCT OF ELECTIONS. Subdivision I.--Gencral Pl'oviS'ions. Presiding officer. 1. In these Rules "Presiding Officer" means the Returning Officer or other person duly appointed to preside and take the poll at any polling-place at an election under this Act, or the substitute duly appointed of either. Returning 2. At every election the cl~rk shall by virtne of his office Officer. bQ the Returning Officer. Substitute for Returning Officer. If the Returning Officer is prevented from attending to any of his duties by illness or other sufficient cause, he may, by writing under his hand, appoint a substitute to act for him. Such substitute shall thereupon for the time being have all the power and authority of and be deemed to be the Returning Officer. Returning Officers, &c., to make declaration. 3. The clerk and every person appointed a deputy Returning Officer, presiding officer, or poll clerk shall, before he enters on the duties of his office, in connection with an election, make and subscribe a solemn declaration before some justice in the prescibed form. And such justice shall transmit the declaration so made by the first convenient opportunity to the Local Authority. '0 bRroeolllc. lownchleunsive or th4e.reTfrhoemVmoatedres'puRroslul,awntittho athlliscoArcrte,cstihoanlsl baendtheerraoslulroefs etlheecrteoorsf entitled to vote in the Area or division at all elections and shall, except as by this rule is provided, be conclusive evidence of the title of every person therein namecl to vote: Provided as follows :- (a) No female elector shall be disqualified from voting under the name appearing on such roll merely because she has changed her surname upon marriage; (b) Any perflon whose name appears on such roll at the time of an election and who is then subject to any of the disqualifications mentioned in section eleven of the Elections Act shall be disqualified from voting; (c) When any person claims a vote at an election and it if) found that, in consequence of mistaken identity and through no fault of himself, his name has been erased from the Voters' Roll for that Area or division, as the

LOCAL AUTHORITIES. ----_.- .. --- - - --~ -- - --~ --- -- - -- 1929. Local Anthorities Acts Amendment Act. 12711 case may be, such person, upon making a statutory declaration that he is the person whose name has been wrongly erased, shall be permitted to vote. 5. The Returning Officer shall give public notice of such R&turning election by advertisement in some newspaper. ~ fficer ~ ~ . The notice shall specify a day, not less than ten nor more ~': t~c~Uof IC than twenty-one days after the publication of the notice of election election. as the day of nomination, and a day not less than seven nor more than forty-two days after the day of nomination as the day on which the poll shall be taken, and shall require the candidates at such election to be nominated in manner hereinafter mentioned at some place within the Area to be named in the notice; Provided that if the office of the Local Authority is situated outside the Area such office may be named as the place of nomination. 6. (1.) In order that a person may be or become a candidate Mod~ of. at an election, he must be nominated by not less than six electors 1l0mms.tlon. -of the Area, or division, as the case may be, entitled to vote, in manner following, that is to say;-Before noon on the day of nomination there shall be delivered to the Returning Officer, at the place appointed by the notice, who shall if required give a receipt for the same, a nomination paper naming such person as a candidate at such election, and signed by the persons nominating him, in the folbwing form ;-- We, the undersigned electors of the Town [or City or Shire] [or of Ward No. of the Town (or City) or Division No. of the Shire] of , hereby nominate [stating christian name and surname], of , for the office of member of the Council of the said Town [or City or Shire or of' the said Ward or Division, as the case may be]l [in the case of an extraordinary vacancy, add, in the place of A.B., de~ eased, or as the case may be]. Dated the day of ,19 . [Here are to follow the Signatures.] (2.) Such person or some person on his behalf shall, at the time of the delivery of the nomination paper, pay to thc returning officer in sterling money or Australian notes or by a cheque drawn by a bank on itself the sum of five pounds to be dealt with as hereinafter provid ell. (3.) No person who is not so nominated shall be or be deemed to be a candidate at the election; Provided that no nomination paper shall be rejected for any mere formal defect or error therein, if the Returning Officer is satisfied that the provisions of this Act have been substantially complied with. (4.) If the Returning Officer is satisfied that the provisions of Certific!'-te of this Act with respect to a nomination paper have been substantially ~ fii~ : : . mg complied with, he shall make and sign at the foot of the nomination paper a certificate in the form following, or to the like effect ;-- I, the undersigned Returning Officer at and for the abovenamed Election, do hereby certify that I received this nomination at [name of place where received], this day of ,19 ,and that the provisions of "The Local Autho-rities Acts, 1902 to 1929," with respect to it have been complied with. (Signed) A.B., ReturniRg Officer. w

12712 LOCAL AUTHORI'l'IES. Local Atttkorities Acts Amendment Act. 20 GEO. V. No. 31, But no such certificate shall be construed to qualify any person to be a candidate or to sign the nomination paper who is not quali- fied to be a candidate or to sign the same, or to validate any signature thereto which is false or forged. ~ e~ urning 7. The Returning Officer shall at all times, between the hours po~ f~a: es of of nine o'clock in the forenoon and four o'clock in the afternoon candidates. upon each day between the giving of the public notice of an election and the day of nomination named therein, keep posted, outside the place of nomination, the names of all persons who have already become candidates at such election. Nomination of in- capacitated persons. S. Every person who- (i.) Procures himself to be nominated as a candidate for the office of member, knowing himself to be under the pro- visions of this Act incapable of being or continuing a member; or (ii.) Knowingly signs a nomination paper nominating or purporting to nominate as a candidate for such office a person incapable of being or continuing a member; or (iii.) Knowing that he is not an elector, signs a nomination paper nominating or purporting to nominate any person as a candidate at such election; shall for every such offence be liable to a penalty not exceeding fifty pounds. Result if only 9. If the number of persons who are duly nominated as ~ ~ ~ t~ d to be candidates at any election does not exceed the number to be elected, nomina.ted. the Returning Officer shall, on the day of nomination or as soon thereafter as is practicable, publicly notify, by advertisement in ~ ome newspaper, the name or names of the cantlidat(' or candidates who has or have be~ n duly elected. Result if more nominated than to be elected. 10. (1.) If the number of persons who are duly nominated as candidates exceeds the number to be elected, then for deciding between such candidates a poll shall be taken in manner hereinafter provided. (2.) The Returning Officer shall- (a) Forthwith post in some conspicuous position at the place of nomination the names of the persons who have been duly nominated as candidates, and that a poll will be so taken; and (b) 'Publish an announcement to the like effect in ~ ome newspaper. Time may be extended i. 11. The time by this Act prescribed for the leIlgth of the Shires, notice to be given of the day of nomination or of the day for taking the poll may be extended by the Governor in Council with respect to any Shire, or any election for any Shire or division. Every such extension shall be notified by the Minister in the Gazette. Governor in Council may appoint members when none elected. 12. If at the time prescribed or appointed for holding an election- (a) No election is heM, or (b) No candidates are nominated, or (c) The number of candidates nominated is less than the number of candidates to be elected,

LOCAL AUTHORITIES. 12713 1929. Local Authorities Acts Amendment Act. the Governor in Council may appoint an elector or a sufficient number of such electors to be a member or members, as the case may require, to fill the vacancies which ought to be filled at such election, and the elector or electors so appointed shall be deemed to have been duly elected at such election. 13. If after a poll has been appointed to be taken a candidate CandidB:te desires to retire from his candidature, he may, not later than may retire. seventy-two hours after the hour of noon on the day of nomination, sign and deliver 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 Town [or City or Shire] [or Ward of the Town (or City) or Division of the Shire] of bated the day of , 19 Witness- (Signed) A.B. C.D. The Returning Officer, on receipt of such notice, shall omit the name of the person EO retiring from the ballot-papers to be used at the election; or if any of such papers have been printed, shall erase his name therefrom, and shall make known as publi0ly as possible, by advertisement or otherwise, the fact of his retirement. The person so retiring shall not be capable of being elected at the election, and if the number of candidates is by his retirement reduced to the number to be elected at the election, then the Returning Officer shall, as soon as conveniently may be, declare the remaining candidate or candidates to be duly elected. 14. No election shall be liable to be questioned by reason of- Election no. (i.) Any defect in the title, or any want of title, of any ~~~~ioned. person by or before whom such ele0tion is held, if such person really acted at the election; or (ii.) Any formal error or defect in any declaration or other instrument, or in any publication made under this Act or intended to be so made; or (iii.) Any such pUblication being out of time; or (iv.) Any delay in holding the election at the time appointed, or in taking the poll; or (v.) In consequence of any impediment of a merely formal nature. And the Governor in Council may adopt such measures as may be necessary for removing any obstacle of a merely formal nature by wbich the due oourse of any election might be impeded: Provided that the validity of the election and the measures so Provi50. taken shall be forthwith declared by the Governor in Council.

12714 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 20 GEO. V. No. 31, Destination of money paid on nomination. 15. The Returning Officer shall pay into the Local Fund the moneys paid to him as aforesaid by all such candidates as do not at the poll receive a number of votes equal at least to one-fifth part of the votes received by the successful candidate, if there is only one, or such one of the successful candidates, if there are more than one, as received the smallest number of votes, and shall, after the election, repay to each of the candidates who has duly retired from his candidature, or who has been returned without a poll, or who has received a number of votes equal to at least such one-fifth part, whether he is decla.red elected or not, the moneys s~ paid by or for them respectively, and the same may, in default of such repayment, be recovered by action before any two justices. For the purpose of ascertaining whether an unsuccessful candidate has received such one-fifth part of the votes in the case of an election in a divided Area, the votes obtained by the successful candidat"e or such one of the successful candidates as received the smallest number of votes in the same divis~ on in which the unsuccessful candidate was a candidate shall alone be considered. Returning Officer to maintain order. 16. Every Returning Officer shall have power and authority to maintain and enforce order, and to keep the peace at any election held before him. All police officers shall aid and assist the Returning Officer in the performance of his duty. O RE f ex f tp i u c e e rn r n . siensg'of incur 1 r 7 e . d Ablyl trheeasoRneatbulrenienxgpeOnfsfeiscerofs,hoalrl ibnecirdeepnatidto, toahniymebleycttiohne Local Authority out of the Local Fund. Corrupt practices. 18. Any act which would avoid the election of a member of the Legislative Assembly shall avoid the election of a member under this Act. The acts of an authorised agent of a candidate shall be held to be acts of his principal if proved to have been committed with the consent of the candidate. Votes not to be divulged. 19. (1.) If a Returning Officer, presiding officer, or any scrutineer, or poll clerk, in the discharge of his duties under this Act, at or concerning 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. Returning Officer, &c , not to make notes or memoran· dum of votes. (2.) If the Returning Officer, presiding officer, or any scrutineer or poll clerk makes any mark upon any list of voters, or makes or writes any note or memorandum denoting, or whereby he can know or remember, for what candidate any voter has voted at an election, he shall be liable to a penalty not exceeding fifty pounds. Misfea.sanoe, (3.) Every person acting as Returning Officer, presiding officer, o & f 0 f . i , c o en f , &0. or poll clerk at an election who is guilty of any wilful misfeasance,.

LOCAL AUTHORITIES. 12715 1929. Local Authorities Acts Amendment Act. or wilful or negligent act of commission or omission, contrary to any of the provisions of this Act, shall for every such offence be liable to a penalty not exceeding fifty pounds. 20. (1.) The Returning Officer, as soon as possible after he has DrJilation examined and counted all the ballot-papers and ascertained the gross 0 po . number of votes received for each candidllte, shall forthwith or as soon as practicable publicly notify, by advertisement in some newspaper, the general state of the poll so asc-ertained and the name of each candidate who has been elected. (2.) In the event of the number of votes for any two or more candidates being found to be equal, the Returning Officer shall decide by his casting vote which shall be elected. (3.) No Returning Officer shall vote at any election except in the case of an equality of votes. 21. The Returning Officer shall forthwith after the declara- Ballot-paper!! tion of the poll at any election- to be transmitted (i.) Enclose in one paeket the several sealed Parcels so tAoutthheorLitoyc_al made up and sealed by him; (ii.) Securely fasten and seal up such packet; (iii.) Endorse upon such packet a description of the several contents thereof, and the name of the Area and division, if any, and the date of polling, and sign such endorse- ment with his name; (iv.) Cause such sealed packet to be delivered at the office of the Local Authority. 'fhe clerk shall safely keep the same for twelve months after the receipt thereof. At the expiration of such twelve months the Chairman shall cause the ballot-papers to be destroyed in the presence of at least three members of the Local Authority. 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 he received in evidence as proof of such votes in any Court of Justice, upon production thereof, and upon proof that the same was transmitted to the Local Authority in due course by the Returning Officer. 22. The provisions of these Rules shall also be applicable to Cases of pollll any poll taken under this Act other than a poll for an election f~~ ~ Ietc~ i~n of a member, with, however, such modifications of such provisions . as the Governor in Council deems necessary in any particular case or as he may generally prescribe. 23. When a poll is required to be taken, it shall be taken Poll, how n. by ballot in the mode prescribed in Subdivision of these Rules, taken. 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 divisons

12716 LOCAL AUTHORITIES. Local Authorit'ies AGts Amendment ~ { ct. 20 GEO. V. No. 31, -------- - ~ - ~ - - - - - - - ~~ - - - - - _ . _ - _ . _ . - - - - - - thereof, by voting by postal ballot, in the mode prescribed in Subdivision In. of these Rules, in which case it shall be taken in thc whole Shire or in such division or divisions in the latter mode accordingly: Provided that in the case of an election of members . the Governor in CounCiil may direct that the provisions of Sub- division IV. (00ntingent voting) of these Rules shall apply in an Area or in any division or divisions thereof. Polling- places. Subdivision II.-Voting by Ballot. POLLIKG-PLACES AND POLLING; POSTAl, VOTING IN CASE OF SICKNESS OR ABSENCE FROM AREA. 24. (1.) For the purposes of every election, the Returning Officer shall from time to time appoint and cancel polling-places, but so that if the Area is divided there shall be always one polling- place at the least in every divi~ ion for ,Yhich the election is held: Provided that no such appointment shall be valid unless it is made three clear days, and no such cancellation shall be valid unless it is made six clear days, before the day of nomination for the election. (2.) No polling-place shall be appointed in a house or place licensed or registered for the sale of fermented or spirituous liquors. (3.) A polling-place may be appointed outside of the Area or division for which the election is held. Polling- booths, &c. 25. At an election the Returning Officer shall-- (i.) Cause booths to be erected or rooms to be provided and used as such booths at the several polling-places; (ii.) Cause to be furnished for use at each booth or polling- place a copy of the Voters' Roll, certified under his hand to be a true copy. Presiding officers. 20. (1.) 'fhe Returning Officer may preside at one polling- place, and shall by writing under his hand appoint presiding- officcrs to. take the poll at the polling-places, or at the polling-places other than the polling-place at which he himself presides, and shall supply a copy of the Voters' Roll, certified by him under his hand, to each presiding officer. fieveral pboololtihnsg. at (2.) When a larger number of voters is likely to vote at a po11m· g-p1ace than can convem.ent1y vote m. t he same po11m· g- boot1 1, same poIling- the Returning Officer may appoint two or more polling-booths at place. that polling-place, and shall in such case appoint presiding officers to take the poll at the polling-booths, or the polling-booths other than the polling-booth at which he himself presides. All provisions relating to presiding officers shall apply to presiding officers presiding at such polling-booths. Poll clerks. (3.) The Returning Officer, and each presiding officer with the approval of the Returning Officer, may in like manner appoint one or more persons to be a poll clerk or poll clerks to assist him in taking the poll. .

LOCAL AUTHORITIES. 12717 1929. Local Authorities Acts Amendment Act. (4.) If the Returning Officer or a presiding officer is prevented Sul: ilstit~te.s from attending to any of his duties by illness or other sufficient {ffi presldlllg cause, he may, by writing under his hand, appoint a substitute to 0 cers. act for him. And the substitute shall thereupon for the time being have all the power and authority of and be deemed to be the Returning Officer or such presiding officer. (5.) If by reason of the absence of the presiding officer Abs~ n~ e of the poll is not taken at any pollingcplace, the election shall not be Pffi~ ~ ~ ' : ~ t to therefore void, but it shall be lawful for the Returning Officer to i'nval}date appoint another day not later than thirty-six days from the day electIon. appointed for taking the poll at such polling-place, of which appointment due notice shall be publicly given, and the poll shall be taken accordingly and be deemed to have been taken on the day first appointed. (6.) If after a poll stands appointed for any election it happens Adjournment tnhoatsufrcohmelaenctyI . Ocnautsaek, eosthpelracthe aonnththeeabdsaeynceapopf ot . hme t . perde f osirdi t n h geosffaimceer,, e w d l a h ey e c t~ Ionnoon either at all the polling-places or any polling,-place, the election appointed. shall stand adjourned until the same day of the following week, and the Returning Officer shall give not less than three days' previous notice thereof by advertisement in some newspaper, or by placards affixed in public places in the Area or division. (7.) No person shall be appointed to act as presiding officer, or as substitute for the Returning Officer or a presiding officer, or as poll clerk, who is under the age of twenty-one years. 27. (1.) If the proceedings at. any election are interrupted or ?rooeooings obstructed by any riot or open violence, the presiding officer shall ~ fo~ a~: of not for such caUSe finally close the poll, but shall- violence. (a) Adjourn the poll at the particular polling-place at which the interruption or obstruction happens, to the following day; and (b) If necessary further adjourn such poll from day to day until the interruption or obstruction has ceased; when the presiding officer shall again proceed with the business of taking the poll at the place at which it was so interrupted or obstructed. (2.) Any day whereto the poll is so finally adjourned shall, as to such place, be reckoned the day of polling at such election within the meaning of this Act. (3.) When any poll has been so adjourned by any presiding officer other than the Returning Officer he shall forthwith give notice of such adjournment to the Returning Officer, who shall not finally declare the state of the poll or the name of the member elected until the poll ha3 been finally closed and the ballot-papers have been examined and counted by him as hereinafter provided.

12718 LOCAL AUTHORI'l'IES. Local Authorities Acts Amendment Act. 20 GEO. V. No. :31, Btporaiblnleotet- dp a a n p d ers electi 2 o 8 n . , t ( h 1 e .) R}e;t-u' orrnthinwgithOffaifcteerrshaallpcoallussetatondbse papripnotiendteodr wforrittaenn furnished_ ballot-papers containing the candidates' names in alphabetical order according to the following form or to the like effect:- Election of [here insert number] members. Mark your vote by placing in the squares respectively opposite the names of at least [here insert the number which represents the number of members to be elected] candidates the numbers 1, 2, 3, 4, and so on up to and inclusive of the number [here insert the num,ber which represents the mtmber of 1nembers to be elected]. [If Subdivision IV. has been declared to be in force in the Area or some division or divisions thereof, the following words are to be added;- You may also give a contingent vote or votes (in the case where one member has to be elect'ed) by writing the figures 2, 3, &c., in the square or squares opposite the name or names of the candidate or candidates other than the candidate for whom you vote in the first instance; or (where two eandi- dates--are to be elected) you may also give a contingent vote or votes by writing the figures 3, 4, &c., in the square or squares opposite the name or names of the candidate or candidates other than the candidates for whom you vote in the first instance; and so on as the case may require.] 0 DOE, JOHN D ROE, RICHARD D SMITH, JAMES 0 THOMPSOM, HENRY and shall supply to thp- presiding officer of each polling-place so many of such ballot-papers as are fully equal to the number of electors likely to vote at such polling-place, and shall keep for himself a like sufficient number for the polling-place at which he is to preside. (2.) If two candidates have the same surname and ehristian name, the residence and description of eaeh candidate shall be added to his name on the ballot-paper. (3.) Each ballot-paper- (a) Shall bear in the right-hand upper corner of the face thereof a number which shall be machine-printed or otherwise legibly marked thereon ; and (b) Shall be so numbered in regular arithmetical sequence beginning with 1, so that no two or more of them shall bear the same number. Such number is hereinafter referred to as the ballot-number_ Duration of poll. 29. At every poll the voting shall commence at eight 0 'clock in the forenoon and shall finally close at six 0 'clock in the afternoon of the same day, unless adjourned by reason of riot or other interruption. Scrmiueers_ 30. Each candidate may, by writing under his hand, appoint one person to be his scrutineer at each booth or polling-place; and

LOCAL AUTHORITIES. 12719 1929. Loca~ Authorities Acts Amendment Act. every person so appointed a scrutineer shall, upon his appointment, make and subscribe a solemn declaration, in the presence of the presiding officer, in the following form:- I, A.B., a scrutineer appointed by , a candidate for election in and for the Town [or City or Shir~ ] [or Ward of the Town (or City) or Division of the Shire], of , do hereby solemnly declare that I will faithfully assist at such election, and that I will . not attempt to improperly di.scover, or by any word or action directly or indirectly aid in discovering, the person for whom any vote is given; and that I will keep secret all knowledge of the person for whom any vote is given, which I may obtain in the exercise of my office, unless in answer to any question which I am legally bound to answer. Declared before me this day of ,19 . } Returning Officer or Presiding Officer. A.B. 31. The presiding officer shall provide a locked box, of which Pffiesiding he shall keep the key, with a cleft or opening in such box capable ~ ro~ d! O of receiving the folded ballot-papers. ballot-box This box shall be opened to be inspected by the poll clerks, and papers. candidates, and scrutineers previously to its being locked for receiving the ballot-papers, and shall stand upon the table at which the presiding officer presides. 32. (1.) At every booth there shall be a compartment or Returning compartments provided with all necessary materials to enable the ~ ~ ~ d: Oa electors to mark the ballot-papers. ballot-room. No person shall be entitled to be present in such booth other than the presiding officer, the poll clerk, the candidates, and the scrutineers of the several candidates, and the electors who for the time are voting. (2.) The presiding officer or poll clerk may summon to his assistance in snch booth any member of the police force for the purpose of preserving the public peace or preventing any breach thereof, and for removing out of such booth any person who in his opinion is obstructing the polling or wilfully violating this Act. 33. (1.) At every election the presiding officer may, if he ~ u~ st! Ot~ S to thinks fit, and shall, if called upon so to do by any candidate or v~te~ scrutineer, put to any person offering to vote the three questions following :- 1. Are you the person whose name appears as A.B. in the Voters' Roll for this Town [or City or Shire or Ward or division] ~ 2. Have you already voted at this election [for this Ward or division] 1 3. Are you disqualified from voting? (2.) No person required to answer such questions, or any of them, shall be permitted to vote until he has answered the same in writing signed by him to the satisfaction of the presiding officer, and in such a manner as to show that he is entitled to vote. (3.) If any person having been required to answer all or any Consequence of the questions hereinbefore prescribed makes a false answer in of answers. any material particular and thereafter votes, his vote may be disallowed upon a scrutiny.

12720 LOOAL AUTHORITIES. Local Authorities Acts Amendment Act. 20 GEO. V. No. 31, Decla.ration against bribery. 34. The presiding officer may if he thinks fit, and shall, if 0alled upon so to do by any candidate or scrutineer, require any person claiming to vote to make a solemn declaration against bribery in the form following, that is to say- I [A.B.] do solemnly declare that I have not received or had, by myself or any person whatsoever in trust for me or for my use and benefit or for the use and benefit of any member of my family or kindred or any friend or dependent, directly or indirectly, any sum or sums of money, office, place of emolument, gift, or reward, or any promise of or security for any money, office, place of emolument, gift, or rewal·d, by way of consideration, either expressed, implied, or understood for giving my vote at this election. No person who refuses to make such declaration shall be entitled to vote. No oUler question or deolaration necessary. 35. No elector shall at any election be required to answe"r any questions or to take any oath, affirmation, or declaration, except as herein provided. No person claiming to vote at any election shall be excluded from voting except by reason of its appearing to the presiding officer, upon putting the prescribed questions or any of them, that he is not the person whose name appears on the Voters' Roll, or that he has previously voted at the same election, or that he is otherwise not entitled to vote, or except by reason of sU0h person refusing to answer any of such questions or to make any prescribed declaration. BaUot.pa.pers " 38. (1.) When an elector has satisfied the presiding officer that t t o o ebleeogtIovresn. he is entitled to vote at the election, the presiding officer shall deliver to him a ballot-paper. And numbE>r to be concealed. (2.) The presiding officer shall, before delivery of the ballot- paper to the elector- (a) Fold down the right-hand upper corner of the paper so as to entirely ('onceal the ballot-number; and (b) Securely fasten the fold with gum or otherwise in such a manner that the number camiot be disoovered without unfastening the fold. (3.) Any Returning Officer or presiding officer who fails to corqply with this section shall be deemed to have been guilty of wilful neglect of duty. Elector's name to be marked on roll. 37. (1.) Upon delivery of the ballot-paper to the elector, the presiding officer or poll clerk shall, upon the copy of the Voters' Roll in use by him, or, in the case of a presiding officer other than the Returning Officer, upon the certified copy of the Voters' Roll supplied to him by the Returning Officer, write the ballot-number of such ballot-paper against the name of the elector. (2.) The presiding officer or poll clerk shall use ink or pencil of uniform colour in writing the ballot-number on the roll. (3.) The ballot-number so written on the roll shall be prima facie evidence of the identity of the person to whom the ballot- paper is delivered with the elector against whose name on the roli it is so written, and of the fact tnat such elector voted at the election.

LOCAL AUTHORITIES. 12721 ]929. Local Authorities Acts Amendment Act. (4.) '1'he ballot-number written against the name of an elector cm the roll shall, upon a scrutiny, be conclusive evidence that the ballot-paper bearing the same hallot-number was delivered to and used by the person who claimed to vote as the person against whose name such number is written in the roll. 38. (1.) The elector ,having received a ballot·paper shall, in M(\?e of one of the compartments provided for the purpose, mark his votmg. ballot-paper by placing the numbers 1, 2, 3, 4 (and so on, as the caSe requires) in the squares respectively opposite the names of the candidates for whom he votes, equal to the number of members to be elected. (each vote so numbered in consecutive order being a vote), and shall make no other mark or writing' thereon, and shaH forthwith fold up the paper in such manner as will conceal the names of the candidates and deposit it in the ballot-box in the presence of the presiding officer. (2.) While au elector is in a compartment preparing his ballot-paper no other person shall be allowed in such compart- ment: Provided that if any elector is unable to read,. or is blind, he bhall signify the fact to the presiding officer, who shall there- upon, in the booth, and in the presence and sight of the poll clerks, candidates, and scrutineers, mark, fold, and deposit his ballot· paper for him. (:3.) No elector shall take out of the booth any ballot-paper {'ither before or after the same has heen so marked: Provided that, before the elector has deposited the original ballot-paper issued to him in the ballot-box, the presiding officer may, if he thinks fit, issue a second or duplicate ballot-paper to such elector in substitution for the orginal ballot-paper if the original ballot-paper has been accidentally defaced. But the elector shall first make a declaration before the presiding officer that the original ballot-paper has been so acci- dentally defaced and that he has not already voted at the election, and shall deliver to the presiding officer the original ballot-paper. The presiding officer shall, before the issue of the second or duplicate ballot-paper, securely fasten the original ballot-paper by means of gum or otherwise to the declaration, and shall set the same aside for separate custody. 39. (1.) If at any booth a ballot-paper has been delivered to Duty o~ aannoyt I pleerrspoenrswohno I' h 1 aaI . smcslatiomevdoteto avtotseuea 1 ls o b anote h lecatsor b , ea ' mngd at h . fteerpwearsrodns R ", ofsfeicecetuorrnn w mdh g v e o n to in whose name such first-mentioned person received the ballot-paper, is tendered t1 le preSl' dm' g 0 fficer s 1 la 11 put to t he person so secondly c 1 a " Immg to fnoarmoen.e vote the prescribed questions, and such person and such ballot- paper shall be dealt with in all respects in the same manner as any other person claiming to vote, but his ballot-paper shall not be deposited in the ballot-box or allowed by the presiding officer, but shall be set aside for separate custody. (2.) Every such ballot-paper shall be dealt with as hereinafter provided, and may be allowed and counted by order of the Supreme Court or a ,Judge thereof on a scrutiny, but not otherwise.

12722 LOCAL AU'rHORI'l'IES. Local Authorities Acts Arnendment Act. 20 GEa. V. No. 21, C vQ <> ti m ng p . u)sory at ev 4 e 0 ry . e (1 le . c ) ti I o t nshhealldl bfeorthteheduAtryeoafoervderivyiseiloenc,toarstothreeccoarsde mhiasyvobtee, on the Voters' R{)ll of which he is enrolled. (2.) It shall be the duty of the Returning Officer at the close of every election to compile a list of the names and descriptions, as appear by the Voters' Roll, of the electors who have not voted at the election for which he is the Returning Officer, and to certify such list by statutory declaration under his hand. Such list so certified shall in all proceedings be prima facie evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the said election. (3.) Within Mven days after the close of the said election the Returning Officer shall send by post to each elector whose name appears on such list, at the address therein mentioned, a notice in the prescribed form. The Returning Officer, before sending such notice, shall insert therein the name of the elector, and his number on the Voters' Roll, and a date on which such notice is to be in the hands of the Returning Qfficer. (4.) Every elector to whom such noticQ has been sent shall on the pl'e.<;cribed form at the foot of th.~ said notiee state the true reaflon why he failed so to vote, and sign the same, and post the same so as to reach the said Returning Officer not later than the date in the said notice mentioned. The Returning Officer shall, after making all reasonable inquiries, decide whether such reason is a valid and sufficient excuse for such failure to vote, and shall write his decision on the said notit-e. (5.) The Returning Officer, within two months after the date in the said notice mentioned, shall send to the Local Authority the certified list mentioned in subclause two hereof and all the forms of notice received by him from electors as mentioned in the last preceding subclause, together with a list of electors, certified by statutory declaration under his hand, to whom the said form was posted and by whom it has not been duly returned properly filled up and signed. The last-mentioned list so certified shall in all legal proceedings be prima fact'e evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the said election, and having received the said notice did not comply with the requisitions thereof. (6.) Every elector who- (a) Failed to vote at the ejection without a valid and smfficient excuse for such failure; or (b) On receipt of such notice, fails to fill up and sign and post the same to the Returning' Officer so as to reach him within the time prescribed; or (c) States in such form a false reason for not voting; shall for each such offence be liable, on the tomplaint of the Local Authority, to a penalty not exceeding t\yo pounds.

LOCAL AUTHORI1'IES. 12723 1929. Local Anthorities Acts Amendment Act. 41. (1.) Every ballot-paper which- Ca) Does not bear a ballot-number; or (b) Has such number torn off; or For what causes ballot· paper to be rejected. (c) Has no vote indicated on it, or has fewer consecutive figures, commencing with the figure 1 in the squares, than the number of candidates to be elected; or Cd) Has upon it any mark or writing not by this Act authorised to be put thereon which in the opinion of the Returning Officer will or may enahle any person to identify the ballot-paper or the elector; I>hall be rejected at the close of the poll. (2.) Provided that no ballot-paper shall be rejected merely Ballot·paper because of some informality, or alleged informality, in the manner bhen.nott ~ o in which it has been dealt with by the elector or presiding officer if e rSJec lJ it is regular in other respects, and if, in the opinion of the Returning Officer, the intention of the elector in voting is clearly apparent. (3.) Nothing in this rule cont1lined shall be deemed to affect the jurisdiction of the Supreme Court or a Judge thereof with respect to elections. 42. 'l'he presiding officer other than the Returning Officer Presiding shall at th~ close of the pol~ , in the presen?e of the poll clerk, if ~ ~ ~ : i~ ~ and any, and of such of the candIdates and scrutmeers as may attend- count votes at ( - 1 - .) \ Examm. e and count the number o"f votes r.eCClved f 01' hpilsacpeoallnindg each candidate at the polling-place at which he fthorewn asredal and presided; and ballot'pap'm (ii.) Make out a wn . tten statement, s . Igned , by lumself and OtoffRiceetru. rning countersigned by his poll clerk, if any, and any scru- tineers who are> present and consent to sign the same, containing the numbers in words ail well as figures of the votes received for each candidate so counted as aforesaid and the number of informal ballot-papers; and, (iii. After making out and signing such statement, make up in separate and distinct pareels- (a) All the ballot-papers together with the Voters' Roll supplied to him by the Returning Officer (which shall be signed by him and the poll clerk, if any), and all books and papers used by him during the polling; and (b) All ballot-papers set aside for separate custody as aforesaid; and (iv.) Seal up such parcels and permit the same to be sealed by the scrutineers present if they so desire; and (v.) With the least possible delay deliver such parcels and statement or cause them to be delivered to the Returning Officer; and {vi.) By the next practicable opportunity thereafter, also transmit a duplicate of such statement signed and countersigned as aforesaid.

12724 LOCAL AUTHORI'l'IES. Local Allthor'ities Acts Arnendment Act. 20 GEO. V. No. 31, -- -- ----.-- _ . _ - - - - H"turning 43. Every Returning Officer shall at the close of the poll, in the eOxfaf- icmeirnteo and presence of his poll clerk, if any, and of such of the candidates count votes and scrutineers as may attend- at his poIIing-p!Rce (i.) Examine and count the number of votes received for and then se,,! each candidate at his own polling-place, if any; and up the same_ (ii.) lVIake out a written statement, signed by himself and countersigned by his poll clerk, if any, and by any scrutineers who are present and consent to sign the same, containing the number in words and figures of the votes received for each candidate and the number of informal ballot-papers; and (iii.) After making out and signing such statement, make up in separate and distinct parcels- (a) All the ballot-papers, rolls, books, and papers kept and used by him during the polling; and (b) All ballot-papers set aside for separate custody as aforesaid; and (iv.) Seal up such parcels and permit the same to bc sealed by the scrutineers present if they so desire; and (v.) Endorse the same when so sealed with a description of the contents thereof, and with the name of the Area or division and polling-place, and the date of polling, and sign such endorsement with his name. Heturning Officer to open sealed pftrcels transmitted by pre,iding officers and count t.he vot.es, after which each parcel to bQ re-sealed. 44. As soon as possible after the Returning Offioor has received from the several presiding officers the sealed parcels so transmitted to him, containing the ballot-papers taken at the polling-places at which such presiding officers respectively presided, and the several statements of the numbers of votes so transmitted by them, he shalI- (i.) From his own statement, if any, and such other state- ments ascertain the gross number of votes for each candidate; and (ii.) In the presence of his poll clerk, if any, and of such candidates and scrutineers as may attend, open sU0h sealed parcels and examine and count the number of votes for each candidate at each polling-place; and (iii.) After having counted the same, make up in separate parcels the ballot-papers, declarations, Voters' Rolls, books, and papers received from each presiding officer in like manner as hereinbefore prescribed concerning the ballot-papers, Voters' Rolls, books, and papers kept and used by him at the polling-place, if any, at which he presided, and securely fasten and seal up, and also permit to be sealed up by the scrutineers, and endorse in like manner as aforesaid, the said several parcels, and deal with the same as hereinbefore provided; and (iv_) lVIake out in respect of each polling-place a like written statement, signed and countersigned as hereinbefore required, concerning the polling-place, if any, at which he presided; and

LOOAL AU'fHORl'fIES. 12725 1929. Local Authorities Acts Amendment Act. (v.) Examine the Voters' Rolls which have been used by himself and the presiding officers at the several polling- places, and asoertain whether any voters appear to have voted at more than one polling-place; and (vi.) Make out a list showing the names and numbers of all voters who appear to have voted at more than one polling-place, or to have voted twice at anyone polling- place, and forward a copy thereof to each of the candi- dates, and enclose the original list in the sealed packet with the Voters' Rolls. No Returning Officer shall open or examine any sealed packet in the joint absence of any candidate and his scrutineer unless he has given twenty-four hours' previous notice in writing to such candidate, or to his scrutineer, of his intention to open and examine the same. 45. The following acts are, on polling-day and on all days to Prohibition which the polling is adjourned, prohibited, within fifty feet from ~ ! nvassing the main entrance of the building within which a polling-booth is &c., near ' situated or within a polling-booth, namely:- polling-boot-h. (a) Oanvassing for votes; or (b) Soliciting the vote of any elector; or (c) Inducing any elector not to vote for any partiaular candidate; or (cl) Inducing any elector not to vote at the election; or (e) Loitering in the vicinity of or obstructing the free passage of voters to or from the polling-booth. Any person who contravenes this section shall be liable to a penalty not exceeding twenty pounds. 48. The wearing or displaying in any polling-booth of any Party party emblem or badge by any Returning Officer, presiding officer, emblems not pO11 C 1erk, or scru t I · neer, I . S proh 1 'bI' ted . tion bpeolwlionrgn- Any person who contravenes this section shall be liable to a booth. penalty not exceeding twenty pounds. 47. In a divided Area the provisions of these Rules shall be Election ~ f read as applying to elections of members to be held for each division, md. e, ! , ~ ers m m. stead 0 f f or the Area at argel; and lthe p'olmg for every such !Y!SiOn. election shall be held at one or more polling-places within or for each division appointed as here1nbefore provided. 48. Any elector who, by reason of ill-health will be unable on Postal polling day to attend at a polling place to vote or who believes that vr~ n~ in case on polling day he will be absent from the Area or division, as the ~ r s~ be~ ~ ~ : case may be, for which he is entitled to vote, may, at any time after from Area_ the publication of the notice of election and before the day appointed for taking the poll, apply in writing to the Returning Officer to vote by postal ballot.

12726 LOCAL AU'fHORITIES. Local Authorities Acts A.mendment Act. 20 GEO. V. No. 31, No such application by a voter who cannot write his or her own name shall be granted. The application must be signed by the applicant with his or her own hand, in the presence of and must be declared before aml attested by the Returning Officer or any elector of the same Area for which the applicant is enrolled, or by a Justice of the Peace, each of whom is hereby authorised to take such declaration. Application 49. The application shall be in the following form or to the bfoarllpoot- sptaalper like effect ; - siinckcanseessoof r To the Returning Officer, City [Town or Shire] of absence from I [here state name in full, place of residence, and ocoupation] do hereby Area. declare as follows, that is to say:- (i.) I am an elilctor for the Area (or Ward 01" Division No. ) of the City [Town 01' Shire] of , and am now entitled to vote. (ii.) I [here state the g1"ounds on which the application is based], and therefore make this application to entitle me to vote by postal ballot. (iii.) I request the necessary postal ballot-paper be forwarded to me at the above address. Elector. Signed in my presence and declared before me at this day of , 19 Witness- Elector of the same Area [or Justice of the Peace or Returning Officer]. Candidated 50. No person who is a candidate at the election or the agent o to r wagitennetssnot of such person shall be competent to witness any such application. application. Penalty. 51. Any person who makes, in any such application, any statement which in any material particular is to his or her knowledge false, and any persons who witness any such application containing any statement which in any material particular is to his or her knowledge false, or who, not being a competent witness, witnesses any application for a postal ballot-paper, shall be liable to a penalty not exceeding fifty pounds. Duty of Returning Officer. 52. Upon receipt of un application, and after the day of nomination, the Returning Officer, if satisfied that the applicant is entitled to vote, shall forthwith transmit by post to such applicant a printed ballot-paper. The envelopes containing the ballot-papers so posted by the Returning Officer shall be endorsed with the words "Postal Ballot- paper, City [Town or Shire] of The ballot-paper for each Area or division, as the case may be, shall contain the names in full, in alphabetical order, of all the candidates nominated for such Area or division, respectively, and shall be initialled by the Returning Officer. The Returning Officer shall keep a list of all applications fm.' postal ballot-pallers, and also of the names of all electors to whom such ballot-pap I TS have been sent.

1929. LOCAL AU'fHORITIES. -------- ~ - - - - - - - ~ - - - - Local Authorities Acts Amendment A.ct. 12727 If there is time conveniently to do so, the Returning Officer shall, on all copies of rolls issued by him for use at the election, make a note against the name of every ratepayer to whom a postal ballot-paper has been issued. If there is not time conveniently to note the facts aforesaid on the rolls, the Returning Officer shall immediately advise all presiding officers of such issue in such manner as he thinks fit. 53. 'fhe form of the ballot-paper shall be similar to that Form of preSCrl' bedm' SubdI' V.lS.IOn III. 0 f _ th ese R- u I es. ballot-paper . 54. Every ballot-paper so transmitted to a voter shall be Envelope accompanied bv an unsealed envelope addressed to the Returning " " ddres~ ed to Officer at the place of nomination, and endorsed "Postal Ba11ot- ~ ~ ~: ~ ~g paper, City [Town or Shire] of ," and after voting, accompany such ballot-paper shall be transmitted by post to the Returning ballot-paper. Officer by the voter any time up to six o'clock in the evening of the day preceding the day appointed for taking the poll. 55. The Returning Officer shall delay the declaration of the pon Returning until after such time as in the ordinary course o~ post all postal ~ : : t; ~ r to hallot-papers posted by electors at or before the time fixed by the docl~ ration preceding section should be received by him. of poll. 56, Save as aforesaid, and save as they are inconsistent with Application the foregoing Rules numbered forty-eight to fifty-six, all the pro- ~ bd' i,ion visions of Subdivision Ill. of these Rules relating to voting by postal Ill. ~ fv , ballot shall, so far as they are applicable, apply to votes recorded in Schedule III the manner directed by these Rules for postal voting in case of : rll~ h~ ~ ltiog sickness or absence from the ArE'a or division, as the case may be. Acts. S1lbdivision III.-17oting by Postal Ballot. 57. 'When in the case of a Shire a poll is directed to take place Voting by in the mode prescribed in this Subdivision of these Rules, the postal ballot. following provisions shall have effect in lieu of the provisions hereinbefore prescribed relating to voting by ballot. 58. The Returning Officer shall forthwith, after the day of Ballot-paper nomination, transmit by post to every voter entitled to vote at the Rsent bv. e 1 ecb · on a prm . te d b a 11 ot-paper, an d s h all also on the Voters' Roll O ~ f e fi t o u e r r n to mg in force make a mark against the name of every voter to whom he every voter. has posted a ballot-paper. Such Roll is hereinafter referred to as the" marked Voters' Roll." 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 c'Onceal the name of the person for whom he has voted. x

12728 LOCAL AUTHORITIES. Local Atlthorities Acts Amendment Act. 20 GEO. V. No. 31, The ballot-paper shall be in the form following or to the like effect, that s to say- A I Gumrned edge. I • B - - · - · · · - · · · - · · - · · - ' , ; , : i. ~ ~ ii~ ~ ~ - : - - the top and sides of the paper down so that the letters A A . and B B in the corners meet, and after doing 80 get your signature i witnessed by some other elector of the same Shire, a Justice of . i the Peace or the Returning Officer. Then place the paper in the ~ ~ i accompanying envelope, which is addressed to the Returning Officer ! ., _ i and endorsed "Ballot-paper"; close up the envelope, and pest it I,' at the Post Office. ~ [If Subdivision IV. has been declared to be in force in the ~ : Area or some diviRion or diyisions thereof, the following words to ! a~ : : : y be aloo give a contingent vote or votes (in the case i where one member has to be elected) by writing the figures 2,3, i &c., in the square or squares opposite the name or names of the i candidate or candidates other than the candidate for whom you : vote in the first instance; or (where two candida tes are to be : elected) you may also give a contingent vote or votes by writing I i the figures 3, 4, &c., in the square or S(luares opposite the name or ~ h~ : ~ ~ ! h~ ; t~ n1~ d~ h~ ° fir~~ ni! , ~~ ~ ~~ e~ t~ ~ dt~~ ~!h:sc: h: ~ ~ ~ ~ e~ f: ; : requir~ . ] o Fold the paper here. BROWN, JOHN c=J GREEN, CHARLES o SMITH, ABJ< ~L D WILLIAMS, GEORGE Perforation. A B Perforatiun. Shire of [Division No. 1* of am an eleclor of this Shire [or division], and am entitled to vote at the election oft member of the Council. \11 bich is to take place at ::: and closes on the day of 19 • I have not already voted at this election. I make this solemn declaration conscientiously believing the same to be true, and subject to the penalties contained in " The Local A uthoritie8 ActB, 1902 to 1929." Witness- Elector. Elector of the same Shire [or Justice of the Peace, or Returnin~ Ufficer]. • Christian name and surname in lull. t Insert number 01 members to be elected. ~ State place ot nomination.

LOCAL AUTHORI'l'IES. 12729 ]929. Local Authorities Acts Amendment ~ , tct. 59. Every ballot-paper so transmitted to a voter shall be Envelope accompanied by an unsealed envelope addressed to the Returning R~ ~ ~ ~ ~ i~ ~ to Officer at the place of nomination, and endorsed, "Ballot-paper, Officer. Shire of " 60. In printing ballot-papers, regard shall be had to the M?dp; of following Rules, that is to say:- h~ I~ ~ ~ g (i.) The paper used for ballot-papers shall be of such thiek- papers. 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 spaee 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. 61. Before posting the ballot-papers the Returning Officer shall Papers to be cause the form of declaration on each ballot-paper to be filled in filled up. 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; Cv.) The number of members to be elected; and (vi.) The date on which the poll will close. 62. 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 . (Signed) A.B. Witness: C.D. 'rhe 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, asl 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 baUot-papers.

12730 LOCAL AUTHORI'flJ:iJS. LocaT Authorities Acts Amendment A.ct. 20 GEO. V. No. 31, Ballot-box at-nearest Post 0 fib). 63. 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 retain the key thereof. Ballpt·paper 64. (1.) The voter shall mark the ballot-paper in the mode R po e o t t u e r d n t i o ng prescribed by Rule thirty-eight, and fold up and gum together Officer. the parts thereof as indicated thereon, and shall then sign such paper in the presence of some other elector of the same Shire, or a Justice, or the Returning Officer. He shall then place the ballot- paper in an envelope addressed to the Returning Officer at the place of nomination, and endorsed, "Ballot-paper, Shire of ," and shall close the envelope and transmit the same by post. Heturning Officer may assist voter. (2.) The Returning Officer may, at the request of a voter, mark the ballot-paper for him, but the Returning Officer shall not personally receive any vote except through the post, as herein- before provided. . Marksm;}n. (3.) The sig:nature or mark of a voter who cannot write, or ,vho 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 hstoiigsanatagtteue,nrtets 1 . I0t soirgpnoatsutmreasotfera ovrotreercetoivainbgaollfofitc-epraopferthfoerPuosset iOnfftihcee sehleaclltiaotnt;esetvtehrye 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. Candidate or (6.) No candidate or agent of a candidate shall receive or t~sc~fi~ ~ ~ llC,t take any ballot-paper or envelope containing a ballot-paper from ballot- papers. a voter. Pt'nalty. Any such 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. Duplicate ballot-paper in nertain cases. (7.) At any time before three o'clock in the afternoon of the day next preceding the day appointed for closing the poll the Returning Officer may issue a second or duplicate ballot-paper to any voter whose original ballot-paper has miscarried or has been destroyed: Provided that the voter shall first make a declaration before the Returning Officer that he has not received the original ballot- paper, or that it has been destroyed, and that he has not already voted at the election. Duty of (8.) The postmaster shall deposit in the ballot-box referred to postmaster. in rule sixty-three of these Rules every post letter addressed to the Returning Officer or endorsed" Ballot-paper, Shire of ,"

1929. LOCAL AUTHORITIES. Local Atdhorities Acts Antendrnent Act. 12731 which is received through the post at his office between the day of nomination and six o'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 0 'clock aforesaid, shall be endorsed 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. . 65. ]'01' the purposes of every election, the Returning Officer Place for shall appoint a place at which the votes shall be examined and the efamination result of the election ascertained. No house or place licensed or 0 votes. registered for the sale of fermented or spirituous liquors shall be appointed as the place for such examination and ascertainment. 66. 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 reeeipt for the same, and shall forthwith convey the ballot-box to the place appointed as hereinbefore provided for examining the votes and ascertaining the result of the election. 67. The Returning Officer shall, then and there, in the ScrutinYdof prcsence of his poll clerk (if any) and of such of the scrutineers d~ ~ J! r: ~ ion. as may attend, but not of any candidate- (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 o.ff the voter's name upon the marked Voters' Roll. lIe 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 f,irst 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 dep.:Js;t 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 attestation 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 gummrd edges, and then proceed to examine and count the number of votes received for each candidate.

12732 LOCAL AUTHORITIES. Local Authorities ~ { cfs Amendment Act. 20 GEO. V. No. 31, (ii.) Make out a written statement, signed by himself and countersigned by the poll clerk (if any) and by any sorutineers 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 as aforesaid. At the time of opening the ballot-box the Returning Officer shall produce, for the information of the scrutineers, the marked Voters' Roll. The number marked by the Returning Officer upon a ba11ot- 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. J nformal and 68. (1.) At the examination of the ballot-papers every ballot- vimotpeesr. fect paper which- (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 vote indicated on it, or has fewer 00nsecutive figures connnencing with the figure 1 in the 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 aseertained; shall be rejected: Ballot-paper (2.) Provided that no ballot-paper shall be rejected merely wbeherenjencoVt: ltdo. ibnecwauhsicehoiftshoamsebienefnordmeaalltitwy,itohrbaylltehgeedeliencftoorrmoarliptrye,siinditnhge omffiacnerneirf it is regular in other respects, and if, in the opinion of the Returning Officer, the intention of the elector in voting is clearly apparent. (3.) Nothing in this section contained shall be deemed to affect the jurisdiction of the Supreme Court or a Judge thereof with respeot to elections. Elections for 69. In a divided Shire, the foregoing provisions of these Rules divisions. relating to voting by postal-ballot shall be read as applying to elections of members to be held for each division instead of for the Shire at large. Meaning of absolute majority of votes. Subdivision IV.-Rules for securing Absolute MaJority of Votes. 70. In the succeeding Rules the term "absolute majority of votes" means a number of votes greater than one-half of the number of all the electors who vote at an election, exclusive of electors whose ballot-papers are rejected, but the casting vote of the Returning Officer, when given, shall be included in reckoning an absolute majority of votes. amMbuessmotlbuoetbertsain excep 7 t 1. asWhheereninaapftoelrl ipsrotavkideenda, tbeaneleelcetcetdionasa acamnedmidbaeter ushnalellssnohte, majority of receives an absolute majority of votes. votes polled.

LOCAL AU'rHORITIES. 12733 1929. Local Authorities Acts Amendment ,Act. 72. Notwithstanding the provisions of rules thirty-eight and E.lectors may sixty-four, an eleetor may, if he thin.ks fit, indica!e on his ballot- ~ ~ ~ ~ ingent paper the name or names of any candidate or candIdates for whom votes. he does not vote in the first instance, but for whom he desires his vote or votes to be counted in the event of any cnndidate or candi- dates for whom he votes in the first instance not receiving an absolute majority of votes; and, if he indicates more than one such candidate, may indicate the order in which he desires that his vote or votes shall be counted for any such candidate or candidates. i3uch indication shall be made in the case where one candidate is to be elected, by writing the figures 2, 3, or any subsequent number opposite to the name or ;names of the candidate or candidates for whom he does not vote in the first instance, but for whom he desires his vote to be so counted and the order indicated by such numbers shall be taken to be the order in which he desires his vote to be so counted, or in the case where two candidates are to be elected, by writing the figures 3, 4, or any subsequent number opposite to the name or names of the candidate or candidates for whom he does not vote in the first instance, but for whom be desires his vote or votes to be so counted and the order indicated by such numbers shall be taken to be the order in which he desires his vote or votes to be so counted, and so on as the case may require: Provided always that no mere irregularity or error in writing such figures shall invalidate the vote or votes given by an elector in favour of any candidate or candidates in the first instance if the ballot-paper of such elector is otherwise in order. 73. When one member only is to be returned at the eleetion, When one if there is no candidate who receives an absolute majority of votes, : l~ ~ ~ rbe all the candidates except those two who receive the greatest number returned. of votes shall be deemed defeated candidates. The vote of every elector who has voted for a defeated candidate shall be counted for that one (if any) of the remaining two candi- dates for whom he has indicated in the manner aforesaid that he desires his vote to be counted. The vote so counted for sueh remaining candidates shall be added to the votes originally given for them, and the candidate who receives the greatest number of votes, including the votes so counted (if any) shall be elected. 74. When two or more members are to be returned, and When two there are not more candidates than twice the number to be returned, or mbre t the number of candidates equal to the number of members to be ~ e~ t~ ~ ~ ed returned who receive the greatest number of votes shall be elected. and not Inore candidates than twice the number to be returned. 75. When two or more members are to be elected and the Cou~ ting num b er 0 f can d 1 'd a t es ' IS more t h an tWI . ce t h e num b er 0 f mem b ers v co o n te t . mgent to be elected, and if there is no candidate who receives an ltbsolute majority of votes, all the candidates receiving the highest number

12734 LOCAL AUTHORITIES. ~~ - "- - -- - -- Local Attthorities A_cts Amendment Act. 20 GEO. V. No. 31, - --~ --- ~-- -- - -- of votes equal to twice the number of members required to be elected shall be deemed competing candidates, and all the other candidates shall be deemed defeated candidates. The vote or votes of every elector wha h&3 voted for a defeated candidate or defeated candidates shall be counted for that one er those of the remaining competing candidates for whom the elector has not voted in the first instance, but for whom he has indicated in the manner aforesaid that he desires his vote or v@tes to be counted. The vote so counted for such remaining competing candidates shall be added to the votes originally given for them, <lnd the candidates who receive the greatest number of votes, including the votes so counted (if any), shall be elected. If one or more candidates has rerei Yed an absolute majority of votes, but not the full number required to be elected, such candidate or candidates shall be elected, and in that case all the other candidates except the. candidates who received the next greatest number of votes equal in number to twice the number of members yet to be elected shan be deemed defeated candidates. The vote or votes of every elector who has voted for a defeated candidate or defeated candidates shall be counted for that one or more yet to be elected of the remaining competing candidates for whom the elector has not voted in the first instance, but for whom he has indicated in the manner aforesaid that he desires his vote or votes to be counted. 'I'he votes so counted for such remaining candidates shall be added to the votes originally given for them, and the candidate who receives the greatest number of votes, including the votes so counted (if any), shall be eh'cteJ. Casting vota. 76. When two or more candidates, neither of whom 1s elected, Hlceive an equal number of votes, the Returning Officer shall decide by his casting vote which of them have or has the greatest number of votes. Amendments to the Fourth Schedule. Amendment 25. The Fourth Schedule of the Principal Act IS tSochFeoduurleth. amended as follows : - Subdivision O. (a) To subdivision five- " 5.-BROTHELS. The suppression of brothels and houses of ill fame." the following words are added :- "Notwithstanding any Act or judgment to the contrary, any person who keeps a house, room, set of rooms, or place of any kind whatever for purposes of prostitution, whether of one woman or more, shall for the purposes of this Act be deemed to keep a brothel."

LOCAL AUTHORl'rIES. 1929. Local Authorities Acts Amendment Act. (b) To paragraph (iii.) of subdivision fifty-one- " 5I.-RoADS." the following words are added, after the words "or over such roads," namely:- " and specifying the depth beneath the surface at which pipes and other services shall be laid." Paragraph (vi.) is repealed and a new paragraph (vi.) is inserted in lieu thereof :- " (vi.) Permitting any person to erect and maintain petrol service pumps, motor grids, or by-passes, or veranda fences on roads, and regulating the use of such petrol-service pumps, motor grids, or by-passes, or veranda fences : Provided that the Local Authority shall not be liable for any damage sustained unless it is shown that the Local Authority has been negligent in some regard in connection with the petrol-service pump, motor grid, or by-pass, or veranda fence permitted to be erected in pursuance of any By-law: Provided further that the person by whom a petrol-service pump, or motor grid, or by-pass, or veranda fence is erected in pursuance of any By-law shall not be liable for any damage sustained by reason of the petrol-service pump, motor grid, or by-pass, pr veranda fence, unless it is shown that such person has been negligent with respect to the erection, maintenance, or repair of the petrol- service pump or motor grid, or by-pass, or veranda fence. The protection afforded by this proviso shall extend to the successor in title of the person by whom the petrol service pump, motor grid, by-pass, or verand·, fence was erected, and such successor shall be liable only in respect of any damage sustained by reason of wme neglect, act, or omission of his own in respect of the repair or condition of the petrol-service pump, motor grid, by-pass, or veranda fence, or in carrying out any requirement of the Council: Provided further that any person Viho drives over any motor grid or by-pass any vehicle of which the weight, together with the loading, exceeds the weight specified in any notice, shall be liable to a penalty not exceeding fifty pounds, and in addition shall be liable in damages for the cost of effecting any necessary repairs to such motor grid or by-pass occasioned by such use and for any such injury !!ustained by any person before such repairs are effected." (c) The following provision is added to subdivision sixty-one (" 61-THEATRES, ETC."), namely:- " Moreover, notwithstanding any Act or judgment to the contrary, such power and authority to make By-laws by a Local Authority shall extend and apply where the premises concerned are embraced within a reserve vested in trustees under *" The Land Acts, 1910 to 1927 " (or any Act amending the same), or under the provisions of any Land Act repealed by such last-mentioned Acts, and where the reserve * I Geo. V. No. 15 and amending Acts, supr:L, page 877.5, and sessional volumes. 12735

12736 LOCAL AUTHORITIES. Local Authorities Acts A mendment Act. 20 GEO. V. No. :n, concerned was placed under the control and management of the trustees concerned and who are or were empowered to make By-laws for the carrying-out of the objects of the trust, subject to the approval of the Governor in Council, and notwithstanding the provisions of subdivision fifty of the Fourth Schedule to this Act, which provides that a Local Authority may make By-laws in respect of the control and management of commons, reserves, foreshores, and other land under the control of the Local Authority." (d) After subdivision sixty-two a new subdivision is inserted, namely:- Weight of load. " 62A.-ToLLS. Imposing, collecting, and managing tolls upon roads and bridges under the control of the Local Authority." (e) The following new paragraph is inserted in subdivision sixty-three (" 63-TRAFFIC. "), namely :- " (iV.A) The regulation of the weight of loads to be carried on vehicles." . Amendment of *" The Electric Light and Power Act, 1896." Amendment 26. The definition of "Local Authority" in section of B. 3. three of *" The Electric Light and Power Act, 1896," is repealed, and the following definition is inserted in lieu thereof :- " The term " Local Authority" means the Council of a Town or Shire constituted under t' 'The Local Authorities Acts, 1902 to H~ 29, " and any Act amending the same. The term includes a Joint Local Authority cOllstituted under the said Acts." Amendment of t" The Harbour Boards Acts, 1892 to 1928." Amendment 27. (a) In section seven of t"The Harbour Boards of B. 7. Acts, 1892 to 1928," the definition of the term" Local Authorities Act" is repealed and a new definition is inserted in lieu thereof, namely:- " The term "Local Authorities Act" means t"The LQcal Authorities Acts, 1902 to 1929," and any Act amending or in substitution for those Acts or any of them." * 60 Vie. No. 24, BU'fYI'a, page 702. t 2 Edw. VII. No. 19 and amending Acts, 8upra, page 1860 and sessional volumes. t 56 Vic. No. 26 and amending Acts, 8upra, page 819, and sessional volumes.

LOCAL AUTHORITIES. 1273:7 1929. Local Authorities Acts Amendment Act. (b) Section thh1y-one of *" The Harbour Boards Amendment . Acts, 1892 to 1928," is amended as follows:- of s. 31. The following provision is added to subsection five of section thirty-one, as follows : - "Without in anywise limiting the generality of the provisions of this subsection, the provisions of rule twenty-three of Subdivision I., the rules of Subdivision Il. dealing with postal voting in case of sickness or absence, and the rules of Subdivision IlL-voting by postal ballot-and the rules of Subdivision IV. (where applicable), as contained in the said Third Schedule to the Local Authorities' Act shall, so far as the same are applicable and with such modifications thereof or additions thereto as the Governor in Council may by Order in Council direct, so as to make the same conformable with the purposes of this Act and the circumstances, apply and extend in relation to elections by electors held in pursuance of this Act." MAIN ROADS. See ROADS. MINERAL LANDS. See MiNiNG. MINERS' HOMESTEADS. See MINING. .. 56 Vic. No. 26 and amending Acts, supra, page 819, and sessional volumes.