Local Government Acts Amendment Act of 1946 (10 Geo Vi No. 11) (Qld)

294 LOCAL AUTHORITIES. Local Got'e1'1mwnt Acts Amendment Act. 10 GEO. VI. No. 11. - -- - ---_.- --_._--- - - ~ - - - - ~ ~ - - - - - - - ~ - - - - - - - - - - - . - - - 10 GEO. VI. An Act to Amend" The Local Government Acts, 1936 NO.1l. THE LOCAL GOVERNMENT to 1945," in certain particulars. ACTS AMllNDMENT ACT OF 1946. [ASSENTED TO 14TH MARCH, 1946.] 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 Govern- : ~ ~ struction ment Acts Amendment Act of 1946," and shall be read as one with *" The Local Government Acts, 1936 to 1945," herein referred to as the Principal Act. t C it o l l e l . ective citedTahse " Pr T i h n e cip L a o l ca A l c G t o a v n e d rn t m h e is nt A A c c t ts m , a1y93b6e t c o ol1le9c4t6iv. " ely New s. 7A 2. The following section, numbered 7A, is inserted inserted. after section seven of the Principal Act, namely:- Interpreta- " [7 A.] In this section and in sections 7B and 7c tion. of, and in rules seventy-one and seventy-two of the rules contained in the Third Schedule to, this Act, the following terms shall, unless the context otherwise indicates or requires, have the meanings set against them respectively, that is to say ;- Member of the sflrvices. Merchant seaman. "Member of the services "-A member of His Majesty's Naval, Military, or Air Forces serving with any unit, including any female serving in any capacity with or with any service forming part of any such Naval, Military, or Air Forces, including service as medical practitioner or nurse or masseuse or otherwise, and a "discharged member of the services" shall mean any member or female who has been discharged from any such service. " Merchant seaman "-A person employed in any capacity in seagoing service on a ship other than a ship belonging to His Majesty's Naval Forces; * 1 G. 6 No. 1 and amending Acts, v. 5, p. 826 et seq.

1946. LOCAL AUTHORITIES. LocalGovernmentActsAmendmentAct. 295 " Discharged merchant seaman "-A person who Discharged at any t I·me dur' Ing the perl.Od f rom and smeaemrcahna. nt including the third day of September, one thousand nine hundred and thirty-nine, to and including a date twelve months after His Majesty shall have ceased to be engaged in the war was a merchant seaman and who has been discharged from such service; " The war "-The war which commenced on the The war. third day of September, one thousand nine hundred and thirty-nine, and includes any other war in which His Majesty' became engaged after that date and before the passing of *" The Local Government Acts Amendment Act of 1946." 3. The following section, numbered 7B, is inserted ~ ew s. 7B after section 7 A of the Principal Act as previously lllserted. inserted by section two of this Act, namely :- "[7B.] (1.) Notwithstanding any other provision ofMembers this Act a discharged member of the services living in ~ ~ ~harged Queensland or a member of the services who- mofetmhebers (i.) Is a natural-born or naturalised subject; and: ~ t: ! f: ~ (ii.) Has lived within the Commonwealth ofto vote. Australia for a continuous period of six months; and (iii.) Has lived in Queensland for a continuous period of three months; and (iv.) Has lived in an Area or division for a continuous period of one month immediately preceding the day on which he was enlisted, appointed, or called up for such service; and (v.) Is not disqualified under section eleven or section HA of t" The Elections Acts, 1915 to 1944," from being enrolled on any electoral roll, shall, during the period after the passing of *" The Local Government Acts Amendment Act of 1946," to and * This Act. t 6 G. 5 No. 13 and amending Acts, v. 3, p. 233 et seq.

296 LOCAL AUTHORITIES. --- - - - -------------- LocalGovernmentActsAmendmentAct. 10 GEO. VI. No. 11, including a date twelve months after the day upon which His Majesty shall have ceased to be engaged in the war, be entitled to vote as an elector at any election held under or for the purposes of this Act. (2.) Except as hereinafter provided, any such member or discharged member who is, pursuant to the foregoing provisions of this section, _entitled to vote at any election as an elector shall, during the period during which he is so entitled, be deemed to be so entitled for the Area or division in which he lived for the continuous period of one month immediately prior to his enlistment, appointment, or being called up for service as a member of the services: Provided that any such discharged member who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector and who, subsequent to his discharge, has lived for a continuous period of one month in an Area or division other than the Area or division in which he lived for the continuous period of one month immediately prior to his enlistment, appointment, or being called up for service as a member of the services shall be deemed to be entitled to vote as an elector for such other Area or division until he becomes qualified to vote for another Area or division. (3.) Nothing in this section or in rules seventy-one or seventy-two of the Rules contained in the Third Schedule to this Act shall be construed as preventing any member of the services or discharged member of the services, if duly qualified as an elector under this Act, from being enrolled upon the voters' roll for the Area or division for which he or she is qualified for enrolment or from voting at an election under or for the purposes of this Act as such elector RO enrolled." New s. 70 4. The following section, numbered 70, is inserted inserted. after section 7B of the Principal Act as previously inserted by section three of this Act, namely :- Merchant seamen, or discharged merchant seamen entitled to vote. "[70.] (1.) Notwithstanding any other provision of this Act, if any merchant seaman or discharged merchant seaman who-- (i.) Is a natural-born or naturalised subject; and

1946. LOCAL AUTHORI'l'IES. LocalGovernmentActsAmendmentAct. (ii.) Has lived within the Commonwealth of Australia for a continuous period of six months; and (iii.) Has lived within Queensland for a continuous period of three months; and (iv.) Has a place of settled residence in Queensland at which he lives when not so employed; and (v.) Is not disqualified under section eleven or section llA of *" The Elections Acts, 1915 to 1944," from being enrolled on any electoral roll, shall, during the period after the passing of t" The Local Government Acts Amendment Act of 1946," to and including a date twelve months after the day upon which His Majesty shall have ceased to be engaged in the war, be entitled to vote as an elector at any election held under or for the purposes of this Act. (2.) Except as hereinafter provided any person who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector shall, during the period during which he is so entitled, be deemed to be so entitled for the Area or division in which the place of settled residence in Queensland at which he lives when not employed in seagoing service is situated: Provided that any discharged merchant seaman who is, pursuant to the foregoing provisions of this section, entitled to vote at any election as an elector and who, after ceasing to be employed in seagoing service, has lived for a continuous period of one month in an Area or division other than the Area or division in which his settled residence in Queensland at which he lived when he was so employed is situated shall be entitled to vote as an elector for such other Area or division until he becomes qualified to vote for another Area or division. (3.) Nothing in this section or in rules seventy-one or seventy-two of the Rules contained in the Third Schedule to this Act shall be construed as preventing any merchant * 6 G. 5 No. 13 and amending Acts, v. 3, p. 233 et seg. t This Act. 2!J7

298 LOCAL AUTHORITIES. LocalGovernmentActsAmendmentAct. 10 GEO. VI. No. 1], seaman or discharged merchant seaman, if duly qualified as an elector under this Act, from being enrolled upon the voters' roll for the Area or division for which he is qualified for enrolment or from voting at an election as an elector so enrolled." Amendment 5. The following new subrule is added to rule tdoivsiusibo· n H. twenty-m • ne of subdivisI • On n. 0 f the T h ird Sc h edu I e, of Rchedule namelv:- ilL-rule 29. ~ Local Authority may instruct returning officer to print separate ballot- papers. "(4.) ('i.) Notwithstanding anything to the contrary hereinbefore contained, it shall be in the discretion of a Local Authority to instruct the returning officel that in the printing of the ballot-papers referred to aforesaid he shall cause a separate ballot-paper to be printed for the election of mayor or chairman, and a separate ballot·paper for the election of members of thc Local Authority; and in that event the separate ballot-papers shall be in the forms prescribed. Construction (ii.) In any case wherc a Local Authority has instructed the of rules. returning officer to cause separate ballot-papers to be printed as hereinbefore provided, in constL'uing this rule twenty.nine, and rules thirty-seven to forty-five inclusive, the words "thc ballot-paper" when used therein shall be read and construed as including the words "the ballot-paper::;" (being the separate ballot- paper in respect of the election of mayor or chairman, and the separate ballot-paper in respect of thc clection of members of the Local Authority)." Amendment 6. A new subrule is added to rule forty-two of the n. of rule 42 said subdivision of the Third Schedule, as follows : - " (lA.) Providcd that in the case where one ballot-paper only is printed and used for the election of mayor or chairman and for the membcrs of thc Local Authority in connection with the election concerned, and there is in any such ballot-paper an informality or an alleged informality in respect of the vote given for mayor or chairman, but no informality or alleged informality exists in respect of the vote given for members, or vice versa, the whole ballot-paper shall not on that account be rejected, but that portion containing the vote given for mayor or chairman, or as the case may be, for the members in which no informality or alleged informality exists shall in respect of such vote be considered as a valid ballot.paper and the vote shall be counted in the election for mayor or chairman, or as the case may be, the members accordingly." Am.endment 7. The following amendments are made in rule dtoivsiusibo-n Il. fifty-one of Subdivision n. of the Third Schedule, of Schedule namely:- Ill. Rule 51. (a) Rule fifty-one is renumbered subrule (I) of rule fifty-one.

LOCAL AUTHORI'I'IES. ,946. Local Government Acts Amcndment Act. ------------------ (b) The following subrules are added to the said rule fifty-one, namely :- " (2.) Notwithstanding anything to the contrary hereinbefore Local contained, it shall be in the discretion of a Local Authority to instruct Auth?rity the returning officer that in the printing of the ballot-papers referred mta y IJ?-struct to a f oresal ·d he sha 11 cause a separate b a 11 ot-paper to - e b pr · mte d f or roeffincrenrltnog the election of mayor or chairman, and a separate ballot-paper for print the election of members of the Local Authority; and in that event separate the Oleparate ballot-papers shall be in the forms prescribed. ~ :~ ; ~; ~ . (3.) In any case where a Local Authority has instructed the Construction returning officer to cause separate ballot-papers to be printed as of rules. hereinbefore provided, in construing this rule fifty-one and rules fifty- two to 57A inclusive, the words" the ballot-paper" when used therein shall be read and construed as including the words "the ballot- papers" (being the separate ballot-paper in respect of the election of mayor or chairman and the separate ballot-paper in respect of the election of members of the Local Authority)." 8. The following paragraphs are added to rule fifty- Amendment nine, subdivision Ill., of the Third Schedule, namely : - ~ r: i~ ~ - n Ill. "Notwithstanding anything to the contrary hereinbefore con- ~fI~c~~~ ~~; !). contained, it shall be in the discretion of a Lc.cal Authority to instruct the returning officer that in the printing of the ballot-papers referred to aforesaid he shall cause a 'leparate ballot-paper to be printed for the election of chairman and a separate ballot-paper for the election of members of the Local Authority; and in that event the separate ballot-papers shall be in the forms prescribed. In any case where a Local Authority has instructed the returning officer to cause several ballot-papers to be printed as hereinbefore provided, in construing this rule fifty-nine and rules sixty to sixty-nine inclusive, the words" the ballot-p<tper " when used therein shall be read and construed as including the words "the ballot-papers" (being the separate ballot-paper in respect of the election of the chairman and the separate ballot-paper in respect of the election of members of the Local Authority)." 9. A new subrule is added to rule sixty-nine of the Amendment said subdivision Ill. of the Third Schedule, as follows : - ~r~ ~~~ Ill. " (2A.) Provided that in the case where one ballot-paper only ~ fI~ c~ ~ ~ ~ 1: 9, _ is printed and used for the election of chairman and for the members of the Local Authority in connection with the election concerned, and there is in any such ballot-paper an informality or an alleged informality in respect of the vote given for the chairman, but no informality or alleged informality exists in respect of the vote given for members, or vice versa, the whole ballot-paper shall not on that account be rejected, but that portion containing the vote given for the chairman, or as the case may be, for the members, in which no informality or alleged informality exists shall be in respect of such vote considered a valid ballot-paper and the vote shall be counted in the election for the chairman or, as the case may be, the members, accordingly."

300 LOCAI..J Al),THORITIES. Loca! Government .lets Amendment Act. 10 GEO. VI. No.]1. ~ : dm and 10. The following heading, subheading, and rule r:le ad~ed to are added to the Third Schedule to the Principal Act, Third namely :- Scheduk "SUBDIVISION IV.-VOTING DY MEMBERS AND DISCHARGED MEMBERS OF 'I'HE SERVICES AND BY MERCHANT SEAMEN AND DISCHARGED MEIWHANT SEAMEN. Part A.-Voting at Polling Place. Vote of [71.] (1.) Subject to this rule, any member of the Hervices or m.em.ber of discharged member of the services entitled pursuant to section 7B t & h c e . services, eonf titth.liesd A p d ursouraannt ytomseercctihoannt7cseoafmthanis oArcdt,istcohavrogteedams acnrcehjaencttosreaamt aann election for an Area or division may, between the hours of eight o'clock in the forenoon and six o'clock in the afternoon ()f polling day, vote at any polling pJace for such Area or division. (2.) In every such case the member, discharged member, merchant seaman or discharged merchant seaman so claiming to vote shall make a declaration in tIle prescribed form before a presiding officer. Before a presiding officer permits a discharged member of the services or a discharged merchant seaman to make such declaration before him, such predding officer shall require such discharged member to produce his or her discharge. (3.) No person claiming to vote under this rule shall receive a ballot-paper unless and until he or she has made and signed the prescribed declaration before and to the satisfaction of the presiding officer before whom such person claims to vote, and has, if thereunto required by subrule two of this rule, produced his or her discharge to such presiding officer. (.1.) The presiding officer shall then, as in other cases, give a ballot-paper to the person claiming to vote, but shall retain the envelope endorsed with the prescribed declaration. Every such ballot-paper shall be in the prescribed form and shall be of such m.aterial and opacity that the voter may effectually conceal the name of the person or persons for whom he has voted. Notwithstanding anything to the contrary hereinbefore contained, it ~ hall be in the discretion of a Local Authority to instruct the rcturning officer that in the printing of the ballot-papers referred to aforesaid he shall cause a separate ballot-paper to be printed for the election of mayor or chairman and a separate ballot-paper for the election of members of the Local Authority; and in that event the separate ballot-papers shall be in the forms prescribed. In any case where a Local Authority has instructed the returning officer to cause separate ballot-papers to be printed as hereinbefore provided, in construing this rule, the words" the ballot-paper" when used therein shall bc read and construed as including the words " the ballot-papers" (being the separate ballot-paper in respect of the election of mayor or chairman and the separate ballot-paper in respect of the election of members of the Local Authority). (5.) The voter shall, in one of the compartments provided for the purpose, vote--in the case of the election of chairman, by placing the figure" 1 " in the square opposite the nam.e of the candidate for whom

LOCAl; AUTHORITlES. : ~ 01 1!)46. Local Govcrnmcnt Acts Amendment Act. he desires to vote; and in the case of the election of members, by placing the figures 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 m.embers to be elected (each vote so numbered in consecutive order being a vote) and shall luake no other mark or writing thereon. (6.) 'When the voter has voted he shall not himself place the ballot-paper in the ballot-box, but shall deliver the same, folded up, to the presiding officer, who, without unfolding the same, shall, in the presence of the voter, place the ballot-paper in the said envelope, and after securely fastening the envelope shall place it aside for separate custody. (7.) Any persoll who wilfully luakes a declaration under this rule which is false ill a material particular, shall be liable to a penalty not exceeding fifty pounds. (8.) Im.mediately at the close of the poll, the presiding officer Dut~ · ?f shall enclose all envelopes containing votes recorded under this rule P~ sldlJlg ill an outer envelope, and transmit the same, properly addressed, by 0 cer. post or otherwise, to the returning officer. He shall also inform the returning officer, if necessary by telegram, of the number of persons who voted under this rule. (9.) The returning officer, on receipt of the outer envelope eon- Duty of taining the envelopes in which the votes under this rule are enclosed, returning shall, before opening any envelope containing a vote, or allowing officer. any other person to do so, number each such envelope in regular arithmetical sequence, beginning with the figure "1" and prefix eaeh number with the letter "S." Thereafter he shall examine the dedaration of the voter, and if it is in order and he is satisfied that the voter is a person entitled, pursuant to section 7n, or as the case may be, section 70 of this Act, to vote as an elector for the Area or division, he shall open the envelope and without unfolding the ballot- p,tper, mark the same number, prefixed. by the letter" S," upon the right-hand upper corner of the front page of the bi111ot-paper and fold it down and secure it with gum, so that the number and letter are effectually concealed, and shall place such ballot-paper in a ballot-box. He shall set aside for sepamte custody the envelopes immediately eontaining the ballot·papers. If the right to vote is not thcreby established, he shaH reject the vote, but shall not unfasten the envelope. He shall set the same aside for separate custody. No such ballot-p<tper shall be allowed at the 'lcrutiny which is not enclosed in an envelope endorsed with the prescrihed declamtioll. When the .returning offieer has dealt with all the envelopes in every packet which has been delivered on the same day, he shall open the ballot-box and count the votes as in other cases; and shaJl so proceed fron~ day to day until all the ballot-papers IHwe come to hand, or until the day on which no further ballot-papcrs arc to be counted. (l0.) A signature upon an envelope endorsed with the prescribed Evidenee of declaration purporting to be thc signature of a voter, 'qualified to voter's vote as an elector under section 7n or section 70 of this Act, shall, signature, upon a scrutiny, without further proof, be prima facie evidence thnt &c. such voter voted at the election as a,n elector so qualified.

302 LOCAlj AUTHORITIES. - ---- - .- ~-- --- --- --- LocalGovernmentActsAmendmentAct. ]OGEO. VLNo.ll. The number marked upon the voter's envelope and ballot-paper as aforesaid shall, upon a scrutiny, be prima facie evidence that such ballot-paper was issued to and used by the person who signed the declaration upon such envelope. (11.) No person who has received a postal vote certificate pursuant to rule seventy-two shall be entitled to vote, cxcept by means of a postal ballot-paper issued under such rule. (12.) Save as they are inconsistent with this rule, the provisions of rule forty-two setting forth for what causes ballot-papers shall be rejected shall, so far as they are applicable, apply to the examination of votes recorded pursuant to the provisions of this rule. (13.) This rule shall not apply or extend in respect of an election directed by the Governor in Council to be taken in any Shire or division of a Shire by voting by postal ballot." New sub· 11. The following subheading and rule are added to he~ d~ ~ ~ ~ d the Third Schedule to the Principal Act after rule seventy- ~ ~ ~ e 0 one as previously added by section ten of this Act, namely :- Schedule. " P art B . - V ot ' ~ ng b y P osta l B a II ot. Postal voting [72.] (1.) Any member of the service" or discharged member of by members the services who, pursuant to section 7B of this Act, or any merchant of the seaman or discharged merchant seaman who, pursuant to section 7c ~ ~ ~ ~ ' : ~ ed of this Act, is entitled to vote at an election for any Area or division members of as an elector, may, after the publication of the notice of election and the services, before six o'clock in the afternoon of the day immediately preceding merchant polling-day, apply in the prescribed form to the returning officer for sdeisacmheanrg, eadnd a postal vote certificate. merchant Such application shall in the case of a discharged membe:: of seamen. the services or of a discharged merchant seaman be accom parried by his or her discharge. (2.) Except as permitted by subrule nine of this rule, the application must be signed by the applicant with his or her own hand in the presence of and must be deala,red before and attested by the returning officer or by a justice of the peace, or by an elcctor of the same Area or division for which the applicant is qualified to vote, or by a duly qualified medIcal practitioner or qualified nurse who is in attendance on such applicant, or by a member of the services or by a merchant seaman, each of whom is hereby authorised to take such declaration. (3.) Upon receipt, of an application, thc returning officer shall, if satisfied that the applicant is, pursuant to section 7B or section 70 of this Act, entitled to vote as an elector for the Area or division in question, grant a certificate which shall be duly endorsed upon an envelope and shall be in the prescribed form. Notwithstanding anything hereinbefore contained in this rule, such certificate shall not be granted to an applicant required by this rule to accompany his or her application with his or her discharge, unless such discharge accomranied such application or has been produced to the returning officer concerned. The returning officer on or after nomination day shaH deliver or cause to be sent to the applicant- (a) The certificate endorsed upon an envelope; (b) An envelope addressed to the returning officer; and (c) A postal ballot-paper.

LOCAL AUTHORITIES. 1946. LocalGovernmentActsAmendmentAct. Every postal ballot-paper shall be of such material and opacit~ that the voter may effectually conceal the names of the person or persons for whom he has voted, and shall be in the prescribed form but when issued shall not bear a postal ballot number. Notwithstanding anything to the contrary hereinbefore contained, it shall be in the discretion of a Local Authority to instruct the returning officer that in the printing of the ballot-papers referred to aforesaid he shall cause a separate ballot-paper to be printed for the election of mayor or chairman and a separate ballot-paper for the election of members of the Local Authority; and in that event the separate ballot-papers shall be in the forms prescribed. In any case where a Local Authority has instructed the returning officer to cause separate ballot-papers to be printed as hereinbefore provided, in construing this rule, the words" the ballot-paper" when used therein shall be read and constmed as including the words " the ballot-papers" (being the separate ballot-paper in respect of the election of mayor or chairman and the separate ballot-paper in respect of the election of m,embers of the Local Authority). (4.) The returning officer shall keep a record in the prescribed fornl showing the prescribed particulars in respect of such certificates. He shall also endorse the application to the effect that a certificate has issued and sign the endorsement. Upon receipt of an application for a postal vote certificate under this rule, the returning officer shall num,ber each application in regular arithmetical sequence, commencing with the figure " 1 " and prefix each number with the letters "SP." Such letters and num,ber shall be referred to as the postal ballot num,ber and shall be used as hereinafter provided. (5.) In the presence of any person qualified as hereinbefore in this rule prescribed to witness and attest an application for a postal vote certificate under this rule, the voter may, on or before polling-day, hilt not after six o'clock in the afternoon of polling-day, vote in the m,anner following, but not otherwise-- (i.) Except as permitted by subrule nine of this rule, the voter flhall sign his name upon the certificate, and the person· before whom he or she is voting shall then and there fill in the correct date and attest the signature; (ii.) The voter shall then, in the presence of but not in the sight of the person before whom he is voting, or in the sight of any other person, vote-in the case of the chairman by placing the figure "1" in the square opposite the name of the candidate for whom he desires to vote; and in the case of the election of mem,bers by placing the figures 1, 2, 3, 4 (and so on, as the case requires) in the squares respectively ollposite the names of the candidates for whom he votes, equal to the num,ber of members to be elected (each vote so numbered in consecutive order being a vote) and shall make ne other mark or writing thereon : Provided that a voter to whom subrule nine of this rule applies may appoint any person present to so vote. The person appointed shall there and then and in the presence of the voter vote as aforesaid for the 303

304 LOCAL AUTHORITIES. - - - - - - - ~ - - - ~ ~ - - ~ - - - - - - ~ - - ~ -- - -- - ~- - - ~ ~ - - - - - - ~ ~ Local Govermnent Actg Amendmcnt Act. 10 GEO. VI. No.H, ---- ----- - -- c-- - --~-~ - - - - ~ - candidates stated or indicated by the voter, and, subject to satisfying the voter that he has done so, shall fold up the ballot-paper to conceal the names of the candidates and place it in the envelope endorsed with the certificate; (iii.) Every voter, except a voter to whom subrule nine of this rule applies, shall, immediately he has voted, fold up the ballot-paper to conceal the names of the candidates and place it in the envelope endorsed with the certificate; (iv.) Every voter shall place or appoint another person rresent to place the envelope endorsed with the certificate and containing the ballot-paper in the envelope addressed to the returning officer, and post it to the returning officer, or deliver or cause it to be delivered on polling-day before six o'clock in the afternoon to the returning officer or, where voting is by ballot in the manner prescribed by subdivision II. of the rules for the conduct of elections contained in the Third Schedule to this Act, to a presiding officer for the Area or division in question. No person shall attest a postal vote except in the presence of the voter and at the place where the votcr is voting. (6.) The returning officer shall provide all presiding officers with a list of the names of persons to whom postal vote certificates have been granted under this rule. A signature upon a postal vote certificate llurporting to be the signature of a voter qualified to vote as an elector under section 7B or section 70 of this Act shall, upon a scrutiny, without further proof, be prima facie evidence that such voter voted at the election as an elector 00 qualified. The date and place of voting stated upon such certificate pur- porting to be the date on which and the place where the voter's signature is attested shall, upon a scrutiny, without further proof, be prima facie evidence of the date on which such voter voted by post and of the place where such vote was given and attested. The postal ballot number of the ballot-paper as aforesaid shall, upon a scrutiny, be prima facie evidence that such ballot-paper was issued to and used by the person to whom the postal vote certificate bearing the same number was issued. (7.) The returning officer and every presiding officer shall deal in the prescribed manner with any postal voter's envelope delivered to him on polling day. (8.) At the scrutiny the returning officer shall produce, unopened, all postal voters' envelopes received by him by post or delivered to him or, I where voting is by ballot in the manner prescribed by sub- division IT. of the rules for the conduct of elections contained in the Third Schedule to this Act, to any presiding officer for the Area or division and every outer envelope which was- (a) Delivered on polling-day before six o'clock in the afternoon to such returning officer or, where voting is by ballot in the manner prescribed by subdivision II. of the rules for the conduct of elections contained in the Third Schedule to this Act, to any presiding officer for the Area or division; or

LOCAL AUTHORITIES. 1946. LocalGovernmentActsAmendmentAct. (b) Received by post by such returning officer before six o'clock in the afternoon of polling-day; or (c) Received by post by such returning officer and on which the postmark clearly indicates that .mch envelore was posted on or before polling-day or which, if without a postmark, bears an endorsement by such returning officer or a commissioned or non-commissioned officer of His Majesty's Naval, Military, or Air Forces, or an officer employed in sea- ~ oing service on a ship other than a ship belonging to His Majesty's Naval Forces, that the vote was recorded before six o'clock in the afternoon of polling- day, shall be opened and the enclosure shall be dealt with, as follows :- (i.) The returning officer shall produce the postal voters' applications; (ii.) The returning officer without opening the envelope endorsed with the certificate shall enter thereon the postal ballot number and shall compare the signature of the vot.er with the signature to the application and allow the scrutineers who are present to inspect the same and shall determine whether the signature on such envelope is that of the applicant; (iii.) If the vote is allowed, the returning officer shall open the envelope and shall without unfolding the ballot-paper mark the postal ballot number npon the right-hand Dorner of the front page of the ballot-paper and fold it down and secure it with gum so that the number is effectually concealed and shall place the postal ballot- paper in the ballot-box. He shall also forthwith attach the said envelope by gum or otherwise to the application ["elating thereto; (iv.) No pObtal ballot-paper shall be allowed at the scrutiny \ ~hich is not enclosed in all envelope endorsed with the certifieate. duly signed, attested, and dated under this Aet; (1'.) If the returning officer disallows a vote, then the envelope endorsed with the certificate unopened and the application relating thereto shall be attached together with gum or otherwise and shall be set apart for separate custody. No outer envelope shall be opened at the scrutiny unless it was received by Fost or delivered as prescribed in paragraph (a) or para- graph (b) or paragraph (c) of this subrule and every such unopened outer envelope shall be set aside for separate custody. (9.) Any member Qf the services or discharged member of the services who, at the time of making application pursuant to this rule for a postal vote certificate, or at the tim.e of signing such certificate, is unable, by reason of wounds or illnes'>, to sign with his or her own hand may sign such application or eertificate with his or her mark. 305

306 LOCAL AUTHORITIES-MEDICINE AND PHARMACY. MedicalActsAmendmentAct. 10 GEO. VI. No. 27, Such signature with his or her mark shall be made in the presence of and must be declared before and attested by- (a) In the case of a member of the services, another member of the services servin~ in the capacity of medical officer, medical or nursing orderly, or nurse; and (11) In the case of a discharged member of the services, a, qualified medical practitioner or a, qualified nurRo who is in attenda,nce upon such discha,rged member. A posta,l vote recorded pursua,nt to this rule sh11ll not be rejected at the scrutiny for the reason only tha,t. in consequence of the application and certifica,te, or either of them, being signed with a, m.ark, the returning officer is unable to determine, by compa,ring the respective signatures to such application and certificate, that. the applicant and the voter are one and the same person. ' (l0.) Save as they are inconsistent with this rule, the provisionR of rule forty-two setting forth for what causes ba,llot-papers shall be rejected sha,ll, so far a,s thoy are applicable, apply to the examination of votes recorded pnrsuant to the provisions of this rule." MACHINERY INSPECTION. See IJ.\BorR. MEDICAL RESEARCH, INSTITUTE OF. See HLU!l'n. MEDICINE AND PHARMACY. ]D N G o K . O 2 . 7 V . I. An Act to Amend "The Medical Acts, 1939 to THE MEDICAL 1940," in certain particulars. ACTS AMENDMENT ACT OF 1946. [ ASSENTED TO :30TH ApRlL, 1946. ] j -> E it enacted by the King's Most Excellent M.ajc:::;t y. , _) by and with the advice and consent of the Legi::; latiye Assembly of Queensland in Parliament assembled, and by the authority of the same, HS follows:- Short title 1. (1.) This Act may be cited as "The Medical ~ ~struction. Acts Amendment :tct of 1946," and shall be r~ ad as one with *" The Med~ cal Acts, 1939 to 1940," herem referred to as the Principal Act. Collective (2.) The Principal Act and this Act may be collec- title. tively cited as " The Medical Acts, 1939 to 1946." * 3 G. 6 No. 10 and amending Acts, 1939 Sess. v., p. 17617.