Local Government Acts Amendment Act of 1960 (9 Eliz Ii No. 43) (Qld)

356 (@ueens(mtb ANNO NONO ELIZABETHAE SECUNDAE REGIME. No. 43. An Act to Amend "The Local Government Acts. 1936 to 1959." In certain particulars, and for other purposes. [A ssented to 16 th D ecember , I960.] E it enacted by the Queen’s Most Excellent Majesty, B 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. (1.) This Act may be cited as “ The Local Government Acts Amendment Act of I960.” Principal Act. (2.) “ The Local Government Acts, 1936 to 1969,” are in this Act referred to as the Principal Act. t C it o l l e l . ective colle(c3ti.v) eTlyhecitePdrinacsip“ a T l h A e c L t oca a l nd Gov th er i n s me A n c t t Ac m ts a , y 19 b 3 e 6 to 1960.”

1960. LocalGovernmentActsAmendmentAct . 357 2. Subsection two of section four of the Principal Act is amended by adding to subparagraph (i.) of the0 ’ second paragraph the following paragraph :— “ (j) Regulating and controlling the establishment, keeping and closure of the plant renewal and purchase fund and ensuring the proper and efficient use of that fund for the purpose for which it is established.” * 3. Subsection two of section twenty-three of the Principal Act is amended by adding to the second and last subparagraph of paragraph (ii.) the following paragraph:— “(e) In the discretion of the Local Authority, but subject to regulations, the transfer of moneys to a “ plant renewal and purchase fund ” for the purpose of equalising the costs of purchasing and renewing plant, machinery and equipment against each year.” ’ ’ 4. Section twenty-seven of the Principal Act is ^®“‘^10nt8 amended by— (a) In subsection five inserting after the words “ rateable land ” the words “ any rates accrued whereon have remained unpaid for three years or longer and ”; and (b) In subsection eleven inserting after the words “ in respect of the said land ” in subparagraph (a) of paragraph (iii.) the words “, and all expenses incurred by the Local Authority in connection with the proposed sale of the said land,”. 5. Subsection three of section twenty-eight of the Am<m<bnent Principal Act is amended by repealing subparagraph ° “* ' '• (c) of paragraph (iv.) and inserting, in lieu of that repealed subparagraph, the following subparagraph :— j “ (c) That the plans, specifications and esjtimate specified in subparagraphs (a) and (d) of paragraph (ii.) of this subsection and an estimate of the total cost of the work or undertaking are open to inspection at the office of the Local Authority; and ”.

358 LocalGovernmentActs AmendmentAct. 9 E liz . II. No. 43, iNneswertse.d3. 1 a secti6on. tThhiretyP- roinnecipthael Afocltloiws ianmg esnedcetidonby: — inserting after rIbmeys- pplaleiwcetding this “ se [ c 3 t 2 io a n .] s ( h 7 a .) ll Tbhee dpereomveisdioanns oorfdisnuabnsceectoiofnBtrwisobanoef rd & eu c fmr . igpeinragtoorfs ACiutythoCroituyncainldasnhdallahabvye- lafowrceofanedacehffeacntdacecvoerdryingLlyo.cal (2.) (a) A person shall not dispose of by dumping upon any refuse dump, refuse disposal ground, reserve, road, or other land under the control of the Local Authority or upon any unenclosed land any of the following articles, that is to say, any refrigerator, ice- chest, ice-box, article of furniture, trunk or other article or thing which comprises or has in it a compartment of a capacity of one and one-half cubic feet or more unless every door or lid of the compartment shall have been removed therefrom. Penalty : One hundred pounds.” Amendment* 7 . Section thirty-five of the Principal Act is of8-36' amended by— (a) In paragraph (i.) of subsection nineteen— (i.) Repealing in subparagraph (a) the words “ tree or hedge ” and inserting, in lieu of those repealed words, the words “ tree, shrub, hedge or other plant growth ” ; (ii.) Adding to subparagraph (a) the words “ or for the purposes of preventing interference thereby with the visibility of drivers of vehicles on such road ” ; and (iii.) Adding the following subparagraph :— “ (c) Remove, lower, or otherwise modify in manner directed by the order any fence, frame, trellis, or other like structure if in the opinion of the Local Authority such removal, lowering, or modification is necessary to prevent interference thereby with the visibility of drivers of vehicles on such road.” ( b) In the first subparagraph of paragraph (i.) of subsection twenty-four— (i.) Repealing the words “ constructing, managing, and working ” and inserting, in Ueu of those repealed words, the words “ constructing, managing and/or working ” ; and

1960. LocalGovernmentActsAmendmentAct. 359 (ii.) Repealing the words “ construct, manage, and work ” and inserting, in lieu of those repealed words, the words “ construct, manage and/or work ” ; and (c) In paragraph (iii.) of subsection twenty-four repealing the words “ and work ” and inserting, in lieu of those repealed words, the words “ or work 8. Section thirty-nine of the Principal Act is oAfmse. n3d9m. ents amended by— (a) In subsection five— (i.) Adding to paragraph (i.) the following subparagraphs:— “In a first-class section it shall not be lawful, save with the prior permission in writing of the Local Authority, to alter the situation of any subsisting building which, at the time in question, it would not be lawful to construct in such first-class section. The Local Authority may permit the alteration in situation if, but only if, it is satisfied that the alteration would not occasion an increased fire-hazard.” ; and (ii.) Adding to paragraph (ii.) the following subparagraph:— “The foregoing provisions of this paragraph apply with respect to the alteration of the situation of any building in a first-class section contrary to paragraph (i.) of this subsection, and for the purpose of such application the building in question shall be deemed erected or in process of being erected when its situation is altered or in process of being altered.” ; and (b) Inserting after subsection 6 a the following subsection:— “(6 b .) The Local Authority shall make and keep a register of all notices served under subsections five or six of this section, including all such notices served before and not satisfied at the date of the enactment of this subsection. Such register shall show in respect of every such notice, its purpose, date of its service, the description of the land affected by such notice, the name and address of the owner, and the extent, if any, to which the requirements of the notice have been satisfied. Such register shall be open to inspection.”

360 LocalGovernmentActsAmendment Act. 9 Euz. II. No. 43, ^™“*“*J* 9. Subsection one of section 42c of the Principal ° 8‘ ° ’ Act is amended by repealing the word “ been ” where appearing in the general words following subparagraph (6) of the first paragraph. i N n e se w rtse.d4. 5 a after 1 s 0 ec . ti(o1n. ) foTrhtye-fPivriencthipeafloAllocwt iisngamseecntidoend: — by inserting roDefesbcelraavtrheaitniogn other “ A [4 c 5 t a , .] th(e 1 .) GoNvoetrwnoitrhsitnanCdoinugnctihl emparyovfirsoiomnstiomfeantoy cuonndterrol of time by Order in Council— Local Authority. (i.) Declare as a bathing reserve— (а) Any part of the sea-shore not exceeding four hundred yards in length ; (б) Land under the sea adjacent to such part of the sea-shore and seawards thereof for a distance not exceeding one-half mile beyond low-water mark at ordinary spring tides;; and (c) The sea above any such part of the sea-shore and any such land; and (ii.) Place such bathing reserve under th$ management and control of the Local Authority. Provision of (2.) In respect of any such bathing reserve the Local se^fcSfor Authority may— such reserve. (i.) Provide and operate life-saving services ; (ii.) Subject to such conditions as it deems fit, authorise a life-saving club to provide and operate life-saving services ; or (iii.) Provide and operate life-saving services at certain times and, at other times, subject to such conditions as it deems fit, authorise a life-saving club to provide and operate life­ saving services. Power to bylaws. (3.) The Local Authority may, in respect of any su°k bathing reserve, make by-laws for the management and control thereof including, without limit to the generality of this power, by-laws— (i.) For denoting the limits of such reserve by notices or such other means as may be prescribed;

1960. LocalGovernmentActsAmendmentAct. (ii.) For setting aside in such reserve from time to time, having regard to prevailing conditions, a bathing area which is considered the safest and most suitable part of such reserve for bathing and for denoting the limits of such area by notices, flags or such other means as may be prescribed; (iii.) Except as provided in paragraph (iv.) of this subsection, for prohibiting bathing in such bathing reserve except in the bathing area so set aside; (iv.) For setting aside a part of such bathing reserve (other than a bathing area) for use by persons using bathing appliances either generally or of a particular class ; (v.) For regulating bathing in such bathing area, including, without limit to the generality of this power, regulating and controlling or prohibiting the use of bathing appliances either generally or of a particular class, in such bathing area and providing for the prohibition of bathing therein— (a) When conditions are so dangerous as to warrant that action; (b) During the period of any shark alarm ; or (c) During the course of any rescue from the sea of any person using the reserve ; (vi.) For regulating the conduct of persons using such reserve; (vii.) For prohibiting interference with or damage to or destruction of life-saving gear and appliances; (viii.) For the appointment of inspectors and other authorised persons for the purposes of the by-laws and for prescribing the duties, powers and authorities of such inspectors and authorised persons ; (ix.) For setting aside temporarily competition areas within a bathing reserve for use by surf life-saving clubs; (x.) Prescribing offences and penalties; and 361

362 LocalGovernmentActs AmendmentAct. 9 E liz . II. No. 43, (xi.) Generally prescribing such other matters as the Local Authority shall deem necessary or convenient for the proper management and control of such bathing reserve. (4.) For the purpose of this section and any by-laws made pursuant thereto, unless the context otherwise indicates or requires, the following terms shall have the meanings set against them respectively, that is to say :— Bathing. “ Bathing ”—The term includes entry into the sea; it also includes the use of bathing appliances in or upon a bathing reserve ; Bathing appliances. “ Bathing appliances ”—A rubber float, surf ski, surf board, boat or any other device of whatsoever description used or for use in bathing; Life-saving club. “ Life-saving club A life-saving club affiliated with the Queensland State Centre of the Surf Life-Saving Association of Australia or any Branch thereof or with the Queensland Head Centre of the Royal Life­ Saving Society; Life-saving services. “ Life-saving services ”—Services provided in a bathing reserve by the Local Authority or by a life-saving club under the authority of the Local Authority, for the protection and safety of persons bathing in or upon that reserve. (5.) For the purposes of this section “ seashore ” includes any unalienated Crown land above high-water mark at ordinary spring tides which is ordinarily covered by sand or shingle.’’ (2.) By-laws under the authority of section 45 a of “ The Local Governmerd Acts, 1936 to 1960,” as inserted by this section may be made by the Local Authority in respect of any bathing reserve before the same is declared by the Governor in Council by Order in Council to be a bathing reserve but, in such event, the by-laws shall have operation and effect on and from the date of the publication in the Gazette of the Order in Council. Any such by-law shall— (a) If with respect to the purported making of such by-law the Local Authority shall have complied with the requirements of

1960. LocalGovernmentActsAmendmentAct. subsection twenty-seven of section thirty- one of “ The Local Government Acts, 1936 to 1960 ” ; (b) If such by-laws shall have been approved by the Governor in Council and published in the Gazette after the enactment of this subsection; and (c) If the bathing reserve in respect of which the by-laws purport to have been made shall have been declared by the Governor in Council by Order in Council under section 45 a of “ The Local Government Acts, 1936 to 1960,” as inserted by this section to be a bathing reserve, notwithstanding that compliance by the Local Authority with any of the requirements of the said subsection twenty-seven shall have been before the enactment of this section, be as valid and effectual as if such by-law had been duly made under the authority of the said section 45 a after the enactment of this section. 363 11. The Principal Act is amended by repealing the Third Schedule and inserting in lieu thereof the Third following Schedule :— Schedule. “THIRD SCHEDULE. RULES FOR THE CONDUCT OF ELECTIONS. S ubdivision I.—G eneral P rovisions . 1. In these rules— officer *1*8 (а) “ Presiding officer ” means the returning officer or othet ' person duly appointed under these rules to preside and take the poll at any polling-place at an election under this Act, or the substitute duly appointed of either ; ( б ) “ Voters’ roll ” includes every electoral roll to be used at any election in an undivided Area or a division of a divided Area as a voters’ roll; (c) “ Chairman ” includes the mayor or chairman, as the case may be. 2. At every election the clerk shall, by virtue of his office, be Returning the returning officer. officer. If the returning officer is prevented from attending to any of Substitute his duties by illness or other sufficient cause, he may, by writing r?f11T||. 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.

364 LocalGovernment Acts Amendment Act. 9 E liz . II. No. 43, In the case of accident or omission, the Governor in Council may appoint some person to be returning officer. Returning 3. The returning officer and every person appointed a presiding officers, &o., officer or poll clerk shall, before he enters on the duties of such office, tdoecmlaarkaetion. make and subscribe a solemn declaration in the prescribed form. Such solemn declaration shall be made and subscribed before a justice of the peace or, in the case of a presiding officer or poll clerk appointed in respect of a polling-place at which a justice of the peace is not available, before an elector. Every presiding officer or poll clerk shall, upon making and subscribing such solemn declaration, forthwith transmit same to the returning officer. Roll when to be conclusive roll. 4. The voters’ roll, with all corrections and erasures thereof or therefrom made pursuant to this Act, shall be the roll of electors 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 named to vote : Provided as follows :— (a) No female elector shall be disqualified from voting under the name appearing on the roll merely because she has changed her surname upon marriage; (b) Any person whose name appears on the roll at the time of an election and— (i.) Who is on polling day under sentence of imprisonment; or (ii.) Who is then subject to any of the disqualifications mentioned in section eleven or section 11 a of the Elections Act, shall be disqualified from voting. Returning officer to give public notice of election. 5. (1.) The returning officer shall give public notice of an election by advertisement in some newspaper. Such notice shall be in the prescribed form and shall specify— (a) A day— (i.) Not less than ten or more than twenty-one days after the publication of such notice ; and (ii.) Not less than seven or more than forty-two days before the day of the holding of the election, as the day of nomination ; and (b) A convenient place within the Area as the place of nomination, at which the returning officer will be present between the hours of nine o’clock in the morning and twelve o’clock noon on nomination day to • receive nomination papers : Provided that if the office of the Local Authority is situated outside the Area such office may be named as the place of nomination. Political articles must be signed. (2.) After the date of such public notice of such election as aforesaid, and before the date of any election, every article, report, letter, or other matter commenting upon any candidate, or political party, or the issues being submitted to the electors printed and

1960. LocalGovernmentActsAmendmentAct. 365 published in any newspaper, circular, pamphlet, or “ dodger ” shall be signed by the author or authors, giving his or their true name and address or names and addresses at the end of the said article, report, letter, or other matter. Any person who contravenes this provision shall be liable to a penalty not exceeding fifty pounds. (3.) Any newspaper editor or proprietor who permits, in any newspaper which he edits or owns, the publication of any unsigned article, report, letter, or other matter commenting upon any candidate, or political party, or the issues being submitted to the electors after the date of such public notice of such election as aforesaid and before the date of the election shall be liable to a penalty not exceeding fifty pounds. 6 . (1.) In older that any person may be or become a candidate at an election, he shall be nominated by riot less than six electors ^ndidate™ of the Area or division, as the case may be, entitled to vote at the * election, and shall consent to such nomination in manner following :— At any place or time before noon on nomination day, there shall be delivered to the returning officer, who shall if required give a receipt for the same, a nomination paper in the prescribed form naming such person as a candidate signed by the persons nominating him, and signed by such person as consenting to the nomination. Such person or some person on his behalf shall, at the time of the delivery of the nomination paper, pay to the returning officer, the sum of five pounds to be dealt with as hereinafter provided, which payment may be made in money or by cheque drawn by a bank on itself. (2.) No person who is not so nominated, or by whom or on whose behalf such payment is not made, shall be or be deemed to be a candidate. (3.) No nomination paper shall be rejected for any mere formal Nomination defect or error therein, if the returning officer is satisfied that the provisions of these rules have been substantially complied with. fOP mere informality. 7. (1.) If the returning officer is satisfied that the provisions of Certificate these rules with respect to a nomination paper have been substantially °^™trurnmg complied with, he shall make and sign at the foot of the nomination ° cer' paper a certificate in the prescribed form. (2.) Such certificate shall not be construed to qualify any person to be a candidate or to sign a nomination paper who is not qualified to be a candidate or to sign the same, or to validate any signature thereto which is false or forged. 8 . Immediately on the receipt of a nomination paper the returning Copy of officer shall post a copy thereof outside the place of nomination. pap^toto posted up. 9. ( Ei.v) ePryropceurrseosnhwimhose— lf to be nominated as a candidal, te for the oNfomination office of chairman or member, knowing himself to be under tated the provisions of this Act incapable of being or continuing persons, as chairman or member ; or

366 Local Government Acts Amendment Act. 9 Euz. II. No. 43, (ii.) Knowingly signs a nomination paper nominating or purporting to nominate as a candidate for such office a person incapable of being or continuing as chairman or 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 10. If the number of persons who are duly nominated as candidates only number at any election does not exceed the number to be elected, the persons so etnoloembcteiendated. snhoamlli, noantetdhsehdaallyboefdneoemmiendattioonbeodr ualsyseoloenctethdearenadfttehrearsetiusrpnrinacgtiocfafbicleer, publicly notify, by advertisement in the prescribed form in some newspaper, the name or names of the candidate or candidates who has or have been duly elected. Result if more nominated than to be elected. 11. (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 herein provided. (2.) The returning officer shall— (a) Forthwith post in some conspicuous position at the place of nomination a notice stating 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 some newspaper which announcement shall be in the prescribed form. Death of candidate. 12. (1.) If the number of persons who are duly nominated as candidates exceeds the number to be elected, and if at any time after the day of nomination and before the day for the holding of the poll any candidate dies, then— (a) If such deceased candidate is a candidate for the office of chairman, so much of the proceedings in connection with the election of the chairman and members as relates to the election of the chairman shall be had and taken anew; (b) If such deceased candidate is a candidate for the office of member (other than in the case of a Town or. Shire divided into divisions), so much of the proceedings in connection with the election of the chairman and members as relates to the election of members shall be had and taken anew; (c) If such deceased candidate is a candidate for the office of member representing a division of a Town or Shire, so much of the proceedings in connection with the election of the chairman and members as relates to the election of members representing that division shall be had and taken anew, and for that purpose another public notice of the election of the chairman, or members or, as the case requires, members representing a division shall be given for a date fixed by the Governor in Council by Order in Council, which date the Governor in Council is hereby authorised to fix.

1960. Local Government Acts Amendment Act. 367 (2.) Where part of the proceedings in connection with the election of chairman or members is, under this rule, required to be had and taken anew, the returning officer shall pay to each of the candidates affected (other than the deceased candidate) and to the estate of the deceased candidate all moneys paid as aforesaid to the returning officer by, for or on behalf of, the candidates in question. (3.) Where 'part of the proceedings in connection with the election of the chairman and members is, under this rule, had and taken anew, that election shall for the purposes of this Act be and be deemed to be completed upon the completion of that part of the proceedings in connection therewith so had and taken anew. 13. The time by this Act prescribed for the length of the notice to Time may mbeaygibveenexotefntdheeddbayythoef nGoomveirnnaotrioinn Corouonfctihl ewditahyrefsopretcatktionagntyheShpiorell, ibneSehxitreensd. ed or any election for any Shire or division of a Shire. Every such extension shall be notified by the Minister in the Gazette. 14. If at the time prescribed or appointed for holding an election— Governor in (a) No election is held; or Council may appoint (b) No candidates are nominated; or chairman or (c) The number of candidates nominated is less than the wmhemenbneorsne number of candidates to be elected, elected. the Governor in Council may appoint a qualified person within the meaning of subsection one of section seven of this Act or a sufficient number of such qualified persons to be chairman or 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. 15. (1.) If after a poll has been appointed to be taken a candidate Candidate desires to retire from his candidature, he may— may retire. (a) Where the poll is to be taken by ballot in the mode prescribed by Subdivision II. of these rules—not later than seventy-two hours after the hour of noon on the day of nomination; or (b) Where the poll is to be taken by postal ballot in the mode prescribed by Subdivision III. of these rules—at any time before the ballot-papers are posted to voters pursuant to the provisions of rule sixty-eight of these rules, sign and deliver to the returning officer a notice in the prescribed form. (2.) The returning officer, on receipt of such notice, shall omit the name of the person so 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 publicly as possible by advertisement in some newspaper or otherwise the fact of his retirement. (3.) 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.

368 Local Government Acts Amendment Act. 9 Euz. II. No. 43, Election not to be questioned. 16. No election shall be liable to be questioned by reason of— (i.) Any defect in the title or any want of title, of any person by or before whom such election 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 these rules or intended to be so made; or 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 which the due course of any election might be impeded: Provided that the validity of the election and the measures so taken shall be forthwith declared by the Governor in Council. Destination 17. The returning officer shall pay into the general fund the of money moneys paid to him as aforesaid by all such candidates as do not npoamidinonation. aotf tthheepvooltlersecreeciveeivaednubmybtehreosfuvcocetesssfeuqlucaalnadt ildeaatset t(oifotnhee- rfeifitshopnalryt 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 declared elected or not, the moneys so 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 candidate or such one of the successful candidates as received the smallest number of votes in the same division in which the unsuccessful candidate was a candidate shall alone be considered. Power of presiding officer, 18. Every presiding officer shall have power and authority to maintain and enforce order and to keep the peace at any election held before him. All members of the Police Force shall aid and assist the presiding officer in the performance of his duties. Expenses of 19. All expenses which a returning officer necessarily incurs in returning and about an election under this Act shall be repaid to him by the officer. Local Authority out of the general fund. Corrupt practices. 20. Any act which would avoid the election of a member of the Legislative Assembly shall avoid the election of a chairman or member under this Act.

1960. LocalGovernmentActsAmendmentAct. 369 21. (1.) If a returning officer, presiding officer or any scrutineer, Votesnotto or poll clerk, in the discharge of his duties under these rules at or 1)0 dlvu*Sed# concerning an election or a candidate learns for what candidate any voter has voted at such election, he shall not by word or act, or any other means whatsoever, directly or indirectly, divulge or discover or aid in divulging or discovering the fact, save in answer to some question which he is legally bound to answer. (2.) If the returning officer, presiding officer, or any scrutineer Returning 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 n^tesor* or remember, for what candidate any voter has voted, at an election, memor- he shall be liable to a penalty not exceeding fifty pounds. andum of votes. (3.) Every person acting as returning officer, presiding officer, Misfeasance, scrutineer, or poll clerk or a candidate at an election who is guilty &c# of any wilful misfeasance, or wilful or negligent act of commission * * or omission, contrary to any of the provisions of these rules, shall for every such offence be liable to a penalty not exceeding fifty pounds. 22. When a poll is taken— When t candidate (а) In the case of the election of chairman, the candidate who elected, receives the greatest number of votes shall be elected; and ( б ) In the case of the election of members, (i.) Where one member has to be elected, the candidate who receives the greatest number of votes shall be elected ; or (ii.) Where two members have to be elected, the candidate who receives the greatest number of votes and the candidate who receives the next greatest number of votes shall each be elected, and so on, according to the number of members to be elected. 23. (1.) The returning officer, as soon as possible after he has Declaration examined and counted all the ballot-papers and ascertained the ofP°u* gross number of votes received for each candidate, shall forthwith or as soon as practicable publicly notify, by advertisement in the prescribed form in some newspaper, the general state of the poll so ascertained 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. 24. The returning officer shall forthwith after the declaration of Ballot- the poll at any election- Spitted (i.) Enclose in one packet the several sealed parcels made up to the Local and sealed by him in pursuance of rule fifty-three or rule Authority, seventy-seven of these rules, as the case may be; (ii.) Securely fasten and seal up such packet;

370 LocalGovernmentActsAmendmentAct . 9 E liz . II. No. 43, (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 endorsement with his name; (iv.) Cause such sealed packet to be delivered at the office of the Local Authority. The 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 be 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. Cases of polls other than for election. 25. The provisions of these rules shall also be applicable to any poll taken under this Act other than a poll for an election of a member or members with, however, such modifications of such provisions as the Governor in Council deems necessary in any particular case or as he may generally prescribe. Poll, how taken. 28. When a poll is required to be taken, it shall be taken by ballot in the mode prescribed in Subdivision II. of these Rules, unless in the case of a Shire the Governor in Council directs that it shall be taken in the whole Shire or in any division or divisions thereof by voting by postal ballot, in the mode prescribed in Subdivision III. of these rules, in which case it shall be taken in the whole Shire or in such division, or divisions in the latter mode accordingly. Caption not 27. (1.) The validity of any form prescribed under this Act to invalidate shall not be prejudiced by reason only of the fact that the collective prescribed title of this Act as cited in the caption to such form is, subsequently orm' to such prescription, changed by any amending Act. (2.) All supplies of such forms printed may, subject to the provisions of this Act in force for the time being be used and applied for the respective purposes for which they were prescribed notwithstanding any change in the collective title of this Act made subsequent to the date upon which such supplies were printed. (3.) In printing supplies of any such forms the caption thereof shall be changed in order to ensure that the collective title for the time being of this Act is recited therein. When 28. Where, not later than the declaration of the poll, any defective presiding officer or returning officer declares in writing signed by declaration, him and verified by statutory declaration (and in- the case of a invalidate0 Presiding officer delivered to the returning officer) that on and at the vote. day and place specified in the declaration the person named therein claimed and was permitted to vote in the manner specified therein and that such person made, or signed, or made and signed in the presence of the declarant, any declaration, or document or other writing required by law in relation to such manner of voting, such

1960. LocalGovernmentActsAmendmentAct. 371 declaration by such presiding officer or returning officer shall be sufficient evidence that such person made, or signed, or made and signed such declaration, document or other writing in the presence of the declarant. A vote in respect of which such a declaration is duly made (and, if made by a presiding officer, delivered to the returning officer) shall not be rejected by reason that the presiding officer or returning officer who made such declaration did not attest or witness by his signature thereto the making, or signing, or making and signing of the declaration, document or other writing specified in the declaration, and accordingly, in every such case, the returning officer shall allow and count the vote unless he is required by law to reject it for some other reason. S ubdivision II.— V oting by B allot . Part A. — Polling-places and Polling. 29. (1.) For the purposes of this rule— V°ten not (а) In relation to a mistake or error specified in this rule, the ^ an term “ official ” has the meaning assigned to it by ©lector on paragraph (a) of subsection one of section 35 a of the ©litoral Elections Act; ro l# ( б ) The term “ mistake or error ” has the meaning assigned to it by paragraph (6) of subsection one of section 35 a of the Elections Act; (c) The term “ due date of completing the compilation of the voters’ roll ” shall mean the next preceding thirty-first day of December, if the election at which an elector claims to vote under this rule is a triennial election, or thirty clear days before the day for taking the poll, if the election at which the elector claims to vote is other than a triennial election; and (d) A person who shall have been permitted to vote under this rule at an election for an Area or division shall, in relation to any subsequent election for that Area or division, be deemed to have had knowledge before the due date of completing the compilation of the voters’ roll for that subsequent election of the mistake or error in consequence whereof he was permitted to so vote. (2.) Notwithstanding anything contained in these rules other than this rule, a person who, on polling day at a polling-place or polling-booth, claims to vote at an election and— (а) Whose name is not, or apparently is not, upon the voters* roll for that election ; ( б ) Whose name, if not upon the abovementioned roll, is not thereupon by reason of some official mistake or error whereby his name shall have been wrongly omitted or erased from the electoral roll or rolls of the electoral district or districts comprised within the Area or division ; and

372 LocalGovernmentActsAmendmentAct . 9 E liz . II. No. 43, (c) That mistake or error occurred through no fault of his and he had no knowledge thereof before the due date of completing the compilation of the voters’ roll, may be permitted to vote under this rule, if but only if— (i.) He shall have sent or delivered to the proper electoral registrar a duly completed claim for enrolment or application for transfer or change of enrolment, as his case required when making that claim or application, in respect of the electoral district or part of the electoral district comprised within the Area or division for which he claims that vote ; (ii.) That claim for enrolment or application for transfer or change of enrolment shall have been received by that electoral registrar before the due date of completing the compilation of the voters’ roll; (iii.) He shall in relation to that claim for enrolment or application for transfer or change of enrolment have received from the proper electoral registrar the prescribed notification of enrolment; (iv.) His name shall not, to the best of his knowledge, have been removed from the roll for the time being of electors in the district hereinbefore mentioned by objection, transfer, or disqualification ; and (v.) He shall, from and after the date of sending or delivering his claim for enrolment or application for transfer or change as aforesaid and thereafter up to the due date of completing the compilation of the voters’ roll, have continuously retained his entitlement under the Elections Acts to have his name upon the roll of electors for the district in question, and he makes a declaration in the prescribed form before the presiding officer at the polling-place or polling-booth where the vote is claimed by him. (3.) Where a person whose name is not, or apparently is not, upon the voters’ roll for the Area or division at an election— (a) On polling day at a polling-place, or polling-booth at a polling-place, for that Area or division, claims to vote for that Area or division at that election ; and (b) Makes upon an envelope before the presiding officer at that polling-place or polling-booth, the declaration prescribed under subrule two of this rule, thereupon— (i.) That presiding officer shall— (а) Place his initials on the back of a ballot-paper in the form prescribed for voting under this rule in such a position as to be easily seen when such ballot-paper is folded so as to conceal the names of the candidates ; and ( б ) Give to that person that ballot-paper, but retain the envelope endorsed with the declaration of that person ;

1960. LocalGovernmentActsAmendmentAct . (ii.) That person shall, in a compartment provided at the polling-place or polling-booth in question to enable electors to mark ballot-papers, record his vote in the manner prescribed, and immediately thereafter fold up the ballot-paper so as to conceal the manner in which he has voted and deliver it to the aforementioned presiding officer; (iii.) That presiding officer shall then, in the presence of that voter and of such scrutineers, if any, as are present, and without unfolding the ballot-paper, enclose it in the envelope bearing the declaration of that voter and after securely fastening that envelope, place it aside in separate custody until he shall have dealt with it as hereinafter provided in this rule. (4.) Every presiding officer shall make, in the prescribed form, a record of the name and address of every person permitted by him to vote under this rule. A presiding officer shall initial separately the particulars so recorded by him in respect of each person permitted by him to vote under this rule. (5.) Forthwith upon the close of the poll any and every presiding officer shall— (а) Enclose in a securely fastened outer envelope all envelopes containing votes permitted by him under this rule, together with the record of the persons permitted those votes; ( б ) Transmit by post or otherwise any and every such outer envelope, properly addressed, to the returning officer. ( 6 .) The returning officer shall— (а) Without in any way unfastening, or permitting or allowing to be in any way unfastened, any envelope immediately containing such a ballot-paper satisfy himself by examining the declaration of the voter upon that envelope that the declaration is in order and, by inquiry as he deems necessary, that the voter is a person permitted to vote under this rule for the Area or division; ( б ) (In any case where, upon inquiry as aforesaid, the returning officer finds that the name of the voter is upon the voters’ roll for the Area or division at the election in question) upon satisfying himself as aforesaid in every respect and upon further satisfying himself that the voter has not voted otherwise for the Area or division at that election place a mark against the name of that voter in the voters’ roll used by him at the election in question. (7.) (a) At the scrutiny the returning officer shall produce unopened all envelopes received by him immediately containijng votes for the Area or division permitted under this rule. ( 6 ) If, in respect of any vote permitted under this rule, the returning officer is not satisfied in every respect as required by the provisions of subrule six of this rule, he shall reject that vote and shall, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. 373

374 LocalGovernmentActs AmendmentAct. 9 E liz . II. No. 43, Subject to rule twenty-eight of these rules, the returning officer shall also reject and set aside for separate custody any and every envelope purporting to contain a vote permitted under this rule which does not bear thereon the form of declaration prescribed under this rule. (c) If, in respect of any vote permitted under this rule, the returning officer is satisfied in every respect as required by the provisions of subrule six of this rule, but not otherwise, he shall open the envelope containing the ballot-paper and, without then unfolding the ballot-paper, place it in a ballot-box and set the envelope aside for separate custody. (d) When the returning officer shall have dealt with all the envelopes containing votes permitted under this rule produced by him at the scrutiny at any one and the same time, he shall open the ballot-box and count such and so many ballot-papers recording those votes as he shall have placed therein ; and shall so proceed in respect of every such time until the day when all votes permitted under this rule shall have been received and dealt with by him. (e) The provisions of rule fifty, setting forth for what causes ballot-papers shall be rejected, shall, so far as they are applicable, apply to the examination of votes recorded in the manner directed by this rule. ( 8 .) As soon as may be after the conclusion of an election the returning officer shall deliver to the Principal Electoral Officer a list in the prescribed form setting out the names and addresses of all persons who have been permitted to vote under this rule and the Principal Electoral Officer shall cause to be taken under, subject to and in accordance with the Elections Acts, such steps as are necessary to secure the due enrolment of such of those persons, as being qualified to vote, are not duly enrolled. Vote by 30. (1.) Notwithstanding anything contained in these rules other owpmehroistostenedname pthoallningth-bisoortuhl, e, claaimpesrstoon,vowtehoatonanpoellleicntgiondaaynda— t a polling-place or from voters* (a) Whose name is not, or apparently is not, upon the voters’ roll. roll for that election ; (b) Whose name, if not upon the abovementioned roll, is not thereupon by reason of its being omitted therefrom in the compilation of such roll from the electoral roll or rolls of the electoral district or districts or parts thereof comprised within the Area or division ; and (c) That omission occurred through no fault of his and he had no knowledge thereof before the due date of completing the compilation of the voters’ roll, may be permitted to vote under this rule, if but only if he makes a declaration in the prescribed form before the presiding officer at the polling-place or polling-booth where the vote is claimed by him. (2.) The provisions of subrules three, four, five, six and seven of rule twenty-nine of these rules shall, mutatis mutandis , apply and extend to the manner of voting and the duties of presiding officers and returning officers under this rule thirty.

1960. LocalGovernmentActsAmendmentAct . 375 (3.) For the purposes of this rule, the term “ due date of completing the compilation of the voters’ roll ” shall have the meaning assigned to that term by paragraph (c) of subrule one of rule twenty-nine of these rules. 31. (1.) Subject to this rule, the returning officer may, from Folling- time to time, appoint, alter and abolish polling-places for taking places* the poll at an election, but so that, if the Area is divided, there shall be always one polling-place at the least in every division for which the election is held. (2.) Every appointment, alteration or abolition of a polling- place shall be notified in a newspaper and shall not be valid unless so notified— (а) In the case of such an appointment, not less than three clear days; and ( б ) In the case of such an alteration or abolition, not less than six clear days, before the day appointed for taking the poll at the election to which the notification relates. ( 3 .) The notices referred to in rules five and eleven of Subdivision I. of these rules shall contain the list of polling-places appointed by the returning officer. (4.) No polling-place shall be appointed in a house or place licensed or registered for the sale of fermented or spirituous liquors. ( 5 .) A polling-place may be appointed outside the Area or division for which the election is held. 32. For taking the poll the returning officer shall cause polling- Booths to be booths to be provided or rooms to be hired and used as booths in Provided- one place at each polling-place as occasion may require: Provided that if a hospital or charitable institution is appointed as a polling-place, every room or ward thereof, in which there is any elector unable by reason of ill-health to present himself at a polling- booth provided at such polling-place, shall be deemed to be a polling- booth for the purpose of enabling such elector to record his vote, and the returning officer or the presiding officer may take the ballot- box to each such elector for the purpose of receiving the vote recorded by him. 33. (1.) The returning officer— Returning (а) May preside at one polling-place appointed for his Area; provj^e and presiding ( б ) Shall by writing under his hand in the prescribed form officers* appoint presiding officers to take the poll at all polling- places except that at which he presides ; and (c) Shall supply a copy of the roll certified by him under his hand in the prescribed form to each presiding officer and each candidate. (2.) When a larger number of voters is likely to vote at a polling- Several place than can conveniently vote in the same booth, the returning officer may appoint two or more booths at that polling-place, and ^epoHing- shall in such case appoint presiding officers to take the poll at the place, booths at which he does not himself preside.

376 LocalGovernmentActsAmendment Act . 9 E liz . II. No. 43, All the provisions of these rules relating to presiding officers shall apply to presiding officers presiding at such booths. Poll clerics. ( 3 .) The returning officer, and each presiding officer with the approval of the returning officer, may in like manner appoint a poll clerk or poll clerks to assist him in taking the poll. Substitutes (4.) If the returning officer or other presiding officer is prevented for from presiding at a booth by illness or other sufficient cause, he may, pofrfeicseidrisn. g bshyalwl rhitainvge ufunldlerpohwiserhaanndd, aapupthoionrtitay stuobsdtoituatell ttohiancgtsforerqhuiimre, dwbhyo these rules to be done by his principal, but at his polling-place only. Adjourn­ ( 5 .) If for any reason the poll is not taken at any polling-place ment when on polling day, the election shall not be therefore void, but it shall tppaooklllleinnngoo- tnday. tbheanlawthfuirltyf- osrixthdearyestufrrnoimngthoeffidceary toapappopinotiendt faonrotthakerindgaythenoptollal taert 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 .) 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. Proceedings 34. (1.) If the proceedings at any election are interrupted or in case of obstructed by any riot or open violence, the presiding officer shall rviiootleonrce. not for such cause finally close the poll, but shall— (а) Adjourn the poll at the particular polling-place at which the interruption or obstruction happens, to the following day; and ( б ) 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 these rules. (3.) When any poll has been so adjourned by a 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 or names of the chairman, member or members elected until the poll has been finally closed and the ballot-papers have been examined and counted by him as hereinafter provided. Printing of 35. ( 1 .) Forthwith after a poll stands appointed for an election, the ballot- returning officer shall, subject to this rule, arrange for the printing papers. of any and all ballot-papers for the taking of the poll at such election. ( 2 .) Each and every ballot-paper shall— (a) Be in the prescribed form ; (b) Be of such material and opacity as, when folded once, to effectually conceal the manner in which the same shall have been used in voting ;

1960. LocalGovernmentActsAmendmentAct. 377 (c) Be distinguished by the different colour of the paper thereof or otherwise as prescribed from the ballot-papers used at any previous election during the period of six years next preceding polling day for the election in respect of which those firstmentioned ballot-papers are for use in casting votes; (d) Contain a printed list of the names of all the candidates fo the offices of chairman, member or members, respectively (each name being inserted once only, with the surname first followed by the Christian name or names) and of no other person arranged alphabetically in the order of their surnames; (e) Where two or more candidates have the same surname and Christian name or names, have distinguished on those ballot-papers those candidates by the addition, relative to their names as listed on those ballot-papers, of their residences, additions, and other matter, if any, necessary to distinguish them. (/) Be attached to a butt which— (i.) Shall not be part of the attached ballot-paper ; (ii.) Shall be perforated in such manner as will permit the ballot-paper to be easily detached therefrom ; and (iii.) Taking into account separately the total number of ballot-papers for the Area or division, as the case may be, shall be numbered in regular arithmetical sequence beginning with the figure “ 1 ”, so that no two or more of such butts shall bear the same number. 36. (1.) Notwithstanding anything to the contrary hereinbefore Local tchoentraeitnuerdn,initgshofaflilcebretihnatthiendtihsecreptriionntinofgaoLf othcealbAaulltohto- priatpyetros rienfsetrrruecdt Armeutautyhrnionrinsittgryuct to aforesaid he shall cause a separate ballot-paper to be printed for officer the election of mayor or chairman, and a separate ballot-paper for the to print seelepcatrioante obfamlloetm- pbaepresrsofshthaell Lboecianl Athuethfoorrmitsy; preasncdribinedt. hat event the bspeaappllaeorrtas- . te (2.) 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 rules thirty-five, thirty-seven and forty-five to fifty-three inclusive, of these rules, 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). 37. (1.) (i.) The returning officer shall supply to the presiding Distribution tohffeirceeraaret etwacoh opromllionrge- pploalcleinogr-, boinotthhse, ecvaseeryopf raespidoilnligngo-fpfliacceer tahterwehaitcha poafpbearlslo. t- number of ballot-papers for use in casting votes on polling day fully equal to the number of electors likely to vote at such polling-places or, as the case requires, at the two or more polling-booths thereat, respectively.

378 LocalGovernment Acts Amendment Act . 9 E liz . II. No. 43, If the returning officer is himself to preside at a polling-place or a polling-booth thereat, he shall keep for himself a like sufficient number of ballot-papers. (ii.) The returning officer shall include in any and every parcel of ballot-papers supplied by him to a presiding officer a delivery note in the prescribed form detailing the ballot-papers and the respective numbers thereof contained in that parcel and containing the prescribed form of receipt for the acknowledgment of the receipt of those ballot- papers. (iii.) Any and every presiding officer shall, as soon as may be after the receipt by him of a parcel of ballot-papers and in any event before he commences to use those ballot-papers for taking the poll, check the contents of that parcel with the delivery note therefor and complete the prescribed particulars in and sign the form of acknowledgment of the receipt of those ballot-papers contained in that delivery note. If on such check there is a discrepancy in numbers of any ballot- papers or otherwise howsoever between the parcel and the delivery note therefor, the presiding officer shall have a counter check as aforesaid made by a responsible person (who shall be another presiding officer if available). Particulars of any discrepancy found and counter checked as aforesaid shall be noted in the form of acknowledgment and in that case that form shall be signed by both the presiding officer and the person who shall have made the counter check. (iv.) Subject to and upon compliance with the requirements of paragraph (iii.) of subrule one of this rule, a presiding officer shall retain every delivery note as aforesaid with respect to ballot-papers supplied to him until he shall have dealt with that delivery note as prescribed. (2.) (i.) Upon the completion of any and every election, every presiding officer shall, in the manner and at the time prescribed, account to the returning officer for all ballot-papers of any and every description supplied to him for the purposes of that election and deliver up to the returning officer such and so many of those ballot- papers as shall not have been used or shall have been spoilt. (ii.) When the returning officer shall have satisfied himself that all ballot-papers printed for the purposes of an election have been duly accounted for to him and that such and so many of those ballot- papers as shall not have been used or shall have been spoilt have been delivered up to him he shall make a certificate to that effect and shall cause those unused and spoilt ballot-papers to be destroyed. The clerk shall keep in the records of his office for at least ten years every certificate as aforesaid made by a returning officer. (3.) The returning officer shall forthwith report to the Local Authority any failure by a presiding officer to account in compliance in every respect with the requirements of this rule for any ballot- paper. (4.) A person who fails to comply in every respect with a provision of this rule expressed to be binding upon him shall be guilty of an offence and liable to a penalty of not more than one hundred pounds.

1960. LocalGovernmentActsAmendmentAct. 379 (5.) Any candidate shall be entitled to inspect and to take copies of all relevant delivery notes, receipts and certificates applicable to the Area or division which he contested. 38. At every poll the voting shall commence at eight o’clock in Duration of the forenoon and shall finally close at six o’clock in the afternoon of poU* the same day, unless adjourned by reason of riot or other interruption : Provided that any person present in a polling-booth at six o’clock in the afternoon of polling day who is entitled to vote as an elector and who desires to vote shall be permitted to vote. 39. (1.) Each candidate may, by writing under his hand in the Scrutineers, prescribed form, appoint a scrutineer or scrutineers at each polling- place or, where there are two or more polling-booths at a polling-place, at each of those polling-booths. Every person so appointed a scrutineer shall, upon his appointment, make and subscribe before the presiding officer a solemn declaration in the prescribed form. (2.) At any one and the same time during the hours of polling, a candidate shall be entitled to have one, and only one, scrutineer in a polling-place unless that polling-place has two or more polling-booths when he may have one, and only one, scrutineer in each of those polling-booths: Provided that a second scrutineer for a candidate may enter a polling-place or polling-booth for the purpose of taking the place of a scrutineer for the candidate in question already present therein or for the purpose of voting. (3.) A person shall not, without lawful authority, prevent or attempt to prevent a scrutineer from entering or leaving the booth to which he is appointed at any time during the hours of polling. 40. The presiding officer shall provide a locked box, of which he Presiding shall keep the key, with a cleft or opening in suck box capable of officer to receiving the folded ballot-papers. Slot-box This box shall be open to be inspected by the poll clerks, and papers, candidates, and scrutineers previously to its being locked and sealed for receiving the ballot-papers, and shall stand upon the table at which the presiding officer presides. 41. (1.) At every booth there shall be a compartment or Returning compartments provided with all necessary materials to enable the electors to mark the ballot-papers. Slot 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 such 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 these rules.

380 LocalGovernment Acts Amendment Act. 9 Euz. II. No. 43, Questions to voters. 42. (1.) The presiding officer— (i.) May of his own motion if he thinks fit; and (ii.) Shall if thereunder required by a candidate or scrutineer upon grounds stated by that candidate or scrutineer (being in the case of the question numbered (3) set out hereunder in this subrule, one or more of the grounds prescribed by these rules as disqualifying from voting the person to whom the question is required to be put) and warranting, in the opinion of the presiding officer, the putting thereof, put to any person claiming to be an elector before that person votes and not afterwards any one or more of the following questions, namely:— ( 1 ) Are you the same person whose name appears as (A.B., number............ ) in the voters’ roll for this Town (or City or Shire or division) ? ( 2 ) Have you already voted, either here or elsewhere, at the present election for this Town (or City or Shire or division) ? (3) Are you disqualified from voting for the reason that (here state the ground for this question) ? (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 in the prescribed form signed by him to the satisfaction of the presiding officer, and in such a manner as to show that he is entitled to vote. Declaration 43. The presiding officer may, if he thinks fit, and shall, if called bagriabienrsyt. uclpaoimn insog ttoo vdootebtyo amnaykecaansdoidleamten odrecslcarruattiinoenera, gareinqsutirberiabneyry pinersthone prescribed form, and any person refusing to make such declaration shall not be entitled to vote. No other 44. No elector shall at any election be required to answer any nqdeeucceelsastrsioaanrtiyoo. nr hqeureesitniopnrsovoirdetdo. take an oath, affirmation, or declaration except as 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 such person refusing to answer any of such questions or to make any prescribed declaration. Ballot- 45. (1.) When an elector has satisfied the presiding officer that he papers to be is entitled to vote at the election, the presiding officer shall deliver gelievcetnortso. to him a ballot-paper. (2.) The presiding officer shall, before delivering the ballot-paper to the elector, place his initials on the back of the ballot-paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates. (3.) Any returning officer or presiding officer who fails to comply with this rule shall be deemed to have been guilty of wilful neglect of duty.

1960. LocalGovernmentActsAmendmentAct . 381 46. (1.) Upon delivery of the ballot-paper to the elector, the Elector’s presiding officer or poll clerk shall, upon the copy of the voters’roll in us© by him, or, in the case of a presiding officer other than the returning TQnm officer, upon the certified copy of the voters’ roll supplied to him by the returning officer, place a mark against the name of the elector. (2.) The presiding officer or poll clerk shall use ink or pencil of uniform colour in placing such marks on the roll. (3.) Such mark shall be primd facie evidence that the elector against whose name it is placed voted at the election. 47. (1 .) The elector having received a ballot-paper shall, in one of Mode of the compartments provided for the purpose, mark his ballot-paper— voting, in the case of the election of 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 members—• (a) Where one candidate has to be elected, by placing the figure 1 in the square opposite the name of the candidate for whom he desires to vote ; or (b) Where more than one candidate has to be elected, by placing in the squares respectively opposite the names of the candidates for whom he desires to vote— (i.) Where two candidates have to be elected, the figures 1 and 2 respectively; (ii.) Where three candidates have to be elected, the figures 1, 2 and 3 respectively. and so on, according to the number of candidates to be elected. Each vote so numbered in consecutive order shall be a vote. He shall make no other mark or writing thereon, and shall forthwith fold up the paper in such a 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 an elector is in a compartment preparing his ballot- paper no other person shall, except as is hereinafter provided, be allowed in such compartment: Provided that if any elector satisfies the presiding officer that he is blind, or that his sight is so impaired, or that he is so physically incapacitated that he is unable to vote without assistance, the presiding officer shall permit another elector appointed by the voter to enter an unoccupied compartment with such elector and mark, fold and deposit such elector’s ballot-paper for him: Provided further, that if any such elector fails to appoint another elector in pursuance of the last preceding proviso, or if any elector satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer, in the presence of such scrutineers as may be present, or if there is no scrutineer present then in the presence of the poll clerk, or if the elector so desires, in the presence of a person appointed by the elector instead of the poll clerk, shall take the following action :— (a) If requested by the elector, state the names of the candidates and the political party in whose interest each or any of them is standing.

382 LocalGovernmentActs Amendment Act . 9 E liz , II. No. 43, (b) In the case of the vote for election of chairman mark the ballot-papers by placing the figure 1 in the square opposite the name of the candidate for whom the elector says he desires to vote. (c) In the case of the vote for the election of members— (i.) Where one candidate has to be elected, mark the ballot- paper by placing the figure 1 in the square opposite the name of the candidate for whom the elector says he desires to vote ; and (ii.) Where more than one candidate has to be elected, mark the ballot-paper by placing in the squares respectively opposite the names of the candidates for whom the elector says he desires to vote— (a) Where two candidates have to be elected, the figures 1 and 2 respectively ; (b) Where three candidates have to be elected, the figures 1 , 2 and 3 respectively, and so on, according to the numbers of candidates to be elected. (d) Fold and deposit the elector’s ballot-paper for him. (3.) No elector shall take out of the booth any ballot-paper either before or after the same has been 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 original ballot-paper if the original ballot-paper has been accidentally defaced. But the elector shall first make a declaration in the prescribed form before the presiding officer that the original ballot-paper has been so accidentally defaced and that he had 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. Duty of 48. (1.) If the name, on the voters’ roll in use by the presiding presiding officer at a polling-booth, of a person claiming to vote as an elector at cowlfhafiiecmreeraant rseuccehivpeodllainbga-lblooot- tpha, piserm, tahrekepdretsoidiinndgiocfaftiecetrhsahtasllupchutpteorssounchhpaesraslorneatdhye to vote prescribed questions. appears to have ( 2 .) No such person shall be permitted to vote until he has already answered the prescribed questions in writing signed by him to the done so. satisfaction of the presiding officer and in such manner as to show that he is entitled to vote. (3.) If such person is permitted to vote his ballot-paper shall not be deposited in the ballot-box or allowed by the presiding officer, but shall be set aside in separate custody and shall not be allowed or counted at the scrutiny save by order of* the Supreme Court or a Judge thereof.

1960. LocalGovernmentActsAmendmentAct . 383 49. (1.) It shall be the duty of every elector enrolled on the Compulsory voters’ roll for an Area or division to vote at each and every election vo held for that Area or division. (2.) (a) When and so often as an election is held for an Area or division the returning officer shall— (i.) From every roll used at the election indicate by a distinguishing mark on a fair copy of the roll for the Area or division used at the election (which copy is herein­ after referred to as the “ marked roll ”) the names of the electors who have not been issued with ballot-papers for the election; and (ii.) Certify the marked roll by statutory declaration under his hand in the prescribed form ; and (iii.) Upon application made not later than seven days after the declaration of the poll, by any person who was a candidate at the election to winch the marked roll refers, give to that person a copy of the marked roll. ( 6 ) The provisions of subrules three to fourteen, both inclusive, of this rule shall not have application unless the Local Authority so directs at the first meeting ofthe Local Authority after the conclusion of the triennial election or a fresh election of all the members. (3.) Within one month after polling day for an election the returning officer— (a) Shall send by post to each elector whose name indicated as aforesaid appears on any such marked roll, at the address therein mentioned, a notice in the prescribed form notifying him that he has failed to record his vote at the election and requiring him to state the true reason why he failed so to vote ; and (ft) Before sending such notice, shall insert therein— (i.) The full name of the elector as appearing on the roll and his address therein mentioned and the name of the Area or division and his number on the roll; and (ii.) A date (not being less than twenty-one days after the date of the posting of the notice) before or on which the form of the notice duly filled up and signed by the elector is to be in the hands of the returning officer. (4.) Subrule three of this rule shall not apply in any case where the returning officer is satisfied that the elector— (i.) Is dead ; or (ii.) Was absent from Queensland on polling day ; or (iii.) Was ineligible to vote at the election ; or (iv.) Had a valid and sufficient excuse for not voting. ( 5 .) Every elector to whom such a notice has been sent shall— (a) Fill up the form at the foot of the notice by stating in it the true reason why he failed so to record his vote ; (ft) Sign the form ; and (c) Post or deliver the same so as to reach the returning officer not later than the date inserted in the notice.

384 LocalGovernment Acts Amendment Act. 9 Eniz. II. No. 43, ( 6 .) If any elector is unable by reason of absence from his residence or physical incapacity to fill up, sign and post or deliver the form within the time allowed pursuant to this rule— (a) Any other elector who has personal knowledge of the facts, may, subject to the rules, fill up, sign and post or deliver within that time the form duly witnessed as prescribed; and (b) Such filling up, signing and delivery or posting of the form may be treated as compliance by the firstmentioned elector with the provisions of this rule. ( 7 .) Upon receipt within the time allowed pursuant to this rule of any such form properly filled up and signed and witnessed (if so prescribed) the returning officer shall— (а) Make on the marked roll opposite the name of the elector to whom the form refers, a note to that effect; and ( б ) Indicate in writing on the marked roll opposite the name of the elector his opinion whether or not the reason contained in the form is a valid and sufficient reason for the failure of the elector to record his vote at the election. ( 8 .) If in the case of any elector to whom a notice as aforesaid has been sent such form is not received by the returning officer within the time allowed pursuant to this rule, the returning officer shall make on the marked roll opposite the name of the elector a note to that effect. (9.) The marked roll indicating— (а) The names of electors who did not vote at the election; ( б ) The names of electors from whom or on whose behalf the returning officer received within the time allowed pursuant to this rule forms properly filled up and signed ; (c) The names of the electors from whom or on whose behalf the returning officer did not within that time receive forms properly filled up and signed ; and (d) The opinions of the returning officer, shall within two months of the date mentioned in subparagraph (ii.) of paragraph (b) of subrule three of this rule, be transmitted by the returning officer to the Local Authority. ( 10 .) A copy of the marked roll mentioned in subrule nine of this rule, or any extract therefrom certified by the returning officer under his hand, shall in all proceedings be primd facie evidence of the contents of such marked roll or extract and of the fact that the electors whose names appear therein marked as aforesaid did not vote at the election, and that the notice specified in this rule was received by those electors and that those electors did or did not (as the case may be) comply with the requisition contained in the notice within the time allowed pursuant to this rule. ( 11 .) Every elector who— (a) Fails to vote at any election without a valid and sufficient excuse for such failure (in this rule the words “ valid and sufficient excuse ” shall include an honest belief on the part of an elector that abstention from voting is part of his religious duty); or

1960. LocalGovernmentActsAmendmentAct. (5) On receipt of the notice aforesaid, fails to fill up and sign and post or deliver to the returning officer so as to reach him within the time allowed pursuant to this rule the form at the foot of the notice ; or (c) States in such form a false reason for not having recorded his vote or in the case of an elector filling up or purporting to fill up a form on behalf of any other elector pursuant to this rule states in such form a false reason why the other elector did not vote, shall for each such offence be liable to a penalty of not less than ten shillings and not more than two pounds, and proceedings for the enforcement in a summary way under “ The Justices Acts , 1886 to 1958/’ of the penalty may be instituted by the Local Authority or by some person authorised in writing (whether generally or in any particular case) by the Local Authority. (12.) In the proceedings against an elector for an offence under subrule eleven of this rule— (a) The form purporting to be the reply, if any, of that elector to a notice under this rule may be adduced in evidence by the prosecutor and shall be conclusive evidence that the elector made to the returning" officer the reply set out in that form unless the contrary is proved; and (h) A certificate purporting to be signed by the returning officer and stating that the returning officer did not receive from the elector— (i.) Consent to the matter being dealt with by him ; or (ii.) The sum by way of penalty specified by him (naming such sum); or (iii.) Both such consent and such sum, shall be evidence of the matter or matters so stated in such certificate, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters. (13.) Before proceedings for an offence under subrule eleven of this rule are instituted, the returning officer may issue to the elector a notice in the prescribed form— (r.) Setting out the alleged offence ; and (ii.) Stating that the elector has the option of having the matter dealt with by the returning officer or by a court of summary jurisdiction; and (iii.) Stating that if, within twenty-eight days from the date of the notice, the elector notifies the returning officer that he consents to have the matter dealt with by, and is prepared to abide by the decision of the returning officer, and shall at the same time send to the returning officer such sum by way of penalty as is specified in the notice (but not being less than ten shillings and not more than two pounds); and (iv.) Stating that in the event of the form of consent and specified penalty not reaching the returning officer within the time specified in the notice, it will be taken that the elector desires to have the matter dealt with by a court of summary jurisdiction. 13 385

386 LocalGovernment Acts Amendment Act. 9 E liz . II. No. 43, If the prescribed form of consent and the specified amount of penalty are received by the returning officer within the time allowed no further proceedings shall be taken against the elector, but if such form and amount are not received the elector may be prosecuted in a summary way for the alleged offence at any time within twelve months after the polling day for the election in question. (14.) This rule applies with respect to voting by postal ballot under and pursuant to the rules set out in Subdivision III. of this Schedule as well as to voting by ballot under and pursuant to the rules set out in this Subdivision II. of this Schedule. For what causes ballot-paper to be rejected. 60. (1.) Every ballot-paper which— (a) Does not bear the initials of a presiding officer or returning officer; or (b) 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 (c) Has upon it any mark or writing not by these rules authorised to be put thereon which in the opinion of the returning officer will or may enable any person to identify the ballot-paper or the elector, shall be rejected at the close of the poll: Provided that in any case where there is only one candidate required to be elected, any ballot-paper which has a cross only in the square opposite the name of any one candidate, and has no figure 1 in any square or no mark or writing thereon as hereinbefore provided, shall not be rejected : Provided further, that any ballot-paper which has more consecutive figures commencing with the figure 1 in the squares than the number of candidates required to be elected shall not be rejected for that reason alone. (2.) In the case where one ballot-paper only is printed and used for the election of mayor or 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 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. Ballot-paper ( 3 .) No ballot-paper shall be rejected merely because of some tobe n<>t informality, or alleged informality, in the manner in which it has rejected. been dealt with by the elector or presiding officer, if it is regular in other respects, and if, in the opinion of the returning officer, the intention of an elector in voting is clearly apparent. (4.) Nothing in this rule contained shall be deemed to affect the jurisdiction of the Supreme Court or a Judge thereof with respect to elections.

1960. LocalGovernmentActsAmendmentAct. 387 51. The presiding officer other than the returning officer shall at Presiding the close of the poll, in the presence of the poll clerk, if any, and of officer to such of the candidates and scrutineers as may attend— ©ouS^oteB (i.) Examine and count the number of votes received for each at his candidate at the polling-place at which he presided ; and P^^Place (ii.) Make out, in duplicate, a written statement in the seal and prescribed form, signed by himself and countersigned by forward his poll clerk, if any, and any scrutineers who are present to retiSnnig 8 and consent to sign the same, containing the number in officer, words as well as figures of the votes received for each candidate so counted as aforesaid ; and (iii.) After making out and signing such statement, make up in separate and distinct parcels— (а) 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 together with one copy of the written statement made out in pursuance of subrule (ii.) of this rule ; and ( б ) 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 the other copy of the written statement made out in pursuance of subrule (ii.) of this rule or cause them to be delivered to the returning officer. 52. Every returning officer shall at the close of the poll, in the Returning presence of his poll clerk, if any, and of such of the candidates and officer to scrutineers as may attend— examine and count votes (i.) Examine and count the number of votes received for each at his candidate at his polling-place, if any ; and polling-place and then (ii.) Make out, in duplicate, a written statement in the seal up prescribed form, signed by himself and countersigned by the same. 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 (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 together with one copy of the written statement made out in pursuance of subrule (ii.) of this rule ; and (b) All ballot-papers set aside for separate custody as aforesaid; and (iv.) Seal up such parcels and permit the same to be seated by the scrutineers present if they so desire ; and

388 Local Government Acts Amendment Act 9 E lxz . II. No. 43, (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. 53. As soon as possible after the returning officer has received from open sealed ^several presiding officers the sealed parcels so transmitted to him, parcels containing the ballot-papers counted at the polling-places at which transmitted such presiding officers respectively presided, and the several statements by presiding 0f the numbers of votes so transmitted by them, he shall— count the votes, after which each parcel to be resealed. (i.) From his own statement, if any, and such other statements ascertain the gross number of votes for each candidate; and In the presence of his poll clerk, if any, and of such candidates and scrutineers as may attend, open such sealed parcels and examine and countthe number of votes for each candidate at each polling-place ; and (Iii.) After having counted the same, make up in separate and distinct parcels the ballot-papers, declarations, books and papers received from each presiding officer in like manner as hereinbefore prescribed concerning the ballot-papers, 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, dhe said several parcels, and deal with the same as hereinbefore provided ; and (iv.) Make outIn the prescribed form 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 (v.j Examine the voters’ rolls which have been used and marked by himself (if any) and the preriding officers at the several polling-places and ascertain whetherany voters appeared to have voted at more than one polling-place; and (vi.) Make out a list in the prescribed form showing the names and numbers of aH voters who appear to have so voted at more than one polling-place, or to have voted twice at any one polling-place, and forward a copy thereof to each ofthe candidates, and enclose the original list in a sealed packet together with such voters’ rolls. No returning officer shall open or examine any sealed packet in the joint absence of anycandidate 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: Provided that no election shall be invalidated by reason of any act -of a returning officer in gening or examining any sealed packet contrary to this provision, unless it is proved that he did such act with a fraudulent intent.

1960. LocalGovernmentActsAmendmentAct . 389 54. The following acts are, on polling day and on all days to which Prohibition the polling is adjourned, prohibited within twenty feet from any ^nvagg* entrance of the building within which a polling-booth is situated or near ’ within a polling-booth, namely:— polfing- (a) Canvassing for votes ; or booth. (5) Soliciting the vote of any elector ; or (c) Inducing any elector not to vote for any particular candidate; or (d) 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 rule shall be liable to a penalty not exceeding twenty pounds. 55. The wearing or displaying in any polling-booth of any party Party emblem or badge by any returning officer, presiding officer, poll clerk, or scrutineer is prohibited. worn at Any person who contravenes this rule shall be liableto a penalty mot exceeding twenty pounds. * b6. In a divided Area the provisions of these lules shallbe read as Election of applying to elections of members to be held for each division instead of membersin for the Area at large ; and the polling for every such election shall be vls,on* held at one or more polling-places within or for each division appointed as hereinbefore provided. Part B.—Postal Voting in Case of Sickness, Absence from Area , Etc. Wt (1.) Any elector who— v£ in (i.) By reason of illness or Infirmity or approaching maternity case of will be unable on polling day to attend at a polling-place iUne8S» &c* to vote; or (ii.) Throughout the hours of polling on polling day will not be within five miles by the nearest practicable route of a pollingplace; or (iii.) Has reason to believe that on polling day he will be absent from the Area or division, as the ease may be, for which he is entitled to vote, may, at anytime after the publication of the notice of election and before six o’clock in the afternoon of the day immediately preceding polling day, apply in the prescribed form to the returning officer for a postal vote certificate. The application must be signed by the applicant with4iis or her own hand, iuthe-presence of and must be declared-before and attested by the returning officer or by a justice of the peace or by any elector of the same Area for which the applicant is enrolled, or by a duly qualified medical practitioner or qualified nurse who is in attendance on such elector, each-of whom is hereby authorised to take such declaration.

390 LocalGovernmentActs AmendmentAct. 9 E liz . II. No. 43, ( 2 .) (a) If any applicant to vote under this rule is an inmate of a hospital or institution which is a polling-place the application shall contain or be accompanied by a statement signed by a duly qualified medical practitioner or qualified nurse who is in attendance on the applicant and stating in the opinion of such medical practitioner or nurse whether or not the applicant will be an inmate of such hospital or institution on polling day and— (i.) If so, whether the applicant will be prevented by the incapacity, illness or other cause by reason whereof he is an inmate of such hospital or institution from voting therein on polling day ; or (ii.) If not, whether the applicant will be prevented by the incapacity, illness or other cause by reason whereof he is such inmate from voting at a polling-place on polling day. (b) An applicant who is an inmate of a hospital or institution which is a polling-place shall not be entitled to vote under this rule— (i.) If the application neither contains nor is accompanied by the statement specified in paragraph (a) of this subrule ; or (ii.) If, according to such statement he will not be an inmate of such hospital or institution on polling day and will be capable of voting at a polling-place on such day ; or (iii.) If, according to such statement he will be an inmate of such hospital or institution and capable of voting therein on polling day, and no such application shall be granted by the returning officer. Postal (3.) (a) Any elector who, by reason of— voting for ©lectors (i.) The rules of any religious organisation, community, order, who are or association of which he is a member ; or members of enclosed (ii.) His religious beliefs or convictions, religious will be prevented from voting at any time on polling day otherwise orders or on than by means of a postal vote may at any time after the issue of rabecelcliiogeiufosnu. ts of tahfteerpnuobolnicaotfiotnheofdthaye nimotmiceedoiafteellyectpiorenceadnidngbepfoorlleinsgixdoa’ ycl, ocakppinlythtoe the returning officer for a postal vote certificate. ( 6 ) Any such application shall be in the prescribed form and shall include or be accompanied by a certificate from a minister of the religious denomination of which such elector is an adherent and a solemn declaration made and subscribed by the elector before a justice of the peace, which certificate and declaration shall be in the forms respectively prescribed. (c) For the purposes of this subrule, the term “ minister of the religious denomination ” means a minister of the religious denomination concerned whose name is for the time being registered under “ The Marriage Acts , 1864 to 1956,” in the register of ministers for celebrating marriages as a minister of such religious denomination, or in the case of a minister of a religious denomination to which such lastmentioned Acts do not extend, whose name is recorded by the Registrar-General as the person responsible for transmitting to a registrar of births, deaths, and marriages the original of the certificate prescribed by such Acts.

1960. LocalGovernmentActsAmendmentAct. 391 (4.) No application pursuant to this rule by a voter who cannot write his or her own name shall be granted. 58. Upon receipt of the application, the returning officer, if Grant and satisfied that the applicant is entitled to vote under these rules, forn?_of shall grant a certificate, which shall be duly endorsed upon an envelope, cert ca * and shall be in the prescribed form. 59. (1.) Subject to rule fifty-eight, the returning officer shall Certificate deliver or cause to be sent to such elector— (а) The certificate endorsed upon an envelope ; and abnadl ’ lopt- os A ta ' l paper. ( б ) An envelope addressed to the returning officer ; and (c) A postal ballot-paper. Before so delivering or causing to be sent the certificate endorsed upon an envelope and postal ballot-paper, the returning officer shall place his initials on the back of the ballot-paper in such a position as to be easily seen when the ballot-paper is folded so as to conceal the names of the candidates. Every postal ballot-paper shall be of the description and in the form prescribed for use in voting under this rule. No elector who has received any such certificate shall be entitled to vote except by means of a postal ballot-paper. (2.) Notwithstanding anything to the contrary hereinbefore Local trcheofenetrrareientduerdtno,iniitngshsouaffblilrcubelreetinhonateht eoinfdittshhciersertpiurolinentohinfegashLoafolcltahcleaAupsueotshatoaslreitbpyaaltrloaottei-nppsatoprsuetcrastl Aomrefufatiutcyhrernoinrinsittgyruct ballot-paper to be printed for the election of mayor or chairman, to print manedmbaesrsepoafrattheepoLsotaclalbAalluotth-opraiptye, r faonrdthine ethleacttioenveonft athme esmebpearraoter psbeaappllaeorrtas-. te postal 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 postal ballot-papers to be printed °f rules, as hereinbefore provided, in construing this rule fifty-nine and rules sixty to sixty-six inclusive of these rules, 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 a member or members of the Local Authority). 60. The returning officer shall keep a record in the prescribed Returning form showing the prescribed particulars in respect of j postal vote officer to certificates issued by him. He shall also endorse the application to keep record‘ the effect that a certificate has been issued and sign the endorsement. 61. In the presence of any justice of the peace or elector of the How vote same Area (not being a candidate or an agent paid by a candidate for recorded, services in connection with the election) or the duly qualified medical practitioner or qualified nurse who is in attendance on such voter and

392 LocalGovernmentActs Amendment Act. 9 E liz . II. No. 43, of no other person, the voter may, on or before the polling day but not after six o’clock in the afternoon of polling day, vote in manner following and not otherwise:— (i.) The voter shall deliver to the person before whom he is voting the postal ballot-paper and the two envelopes aforesaid, in the same condition in which they were issued ; (ii.) The voter shall then sign bis name upon the certificate, and the person before whom he is voting shall then and there fill in the correct date and attest the signature ; (iii.) The person before whom the voter is voting shall then deliver the postal ballot-paper to the voter, but shall retain the two envelopes aforesaid; (iv.) 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 election of chairman, by placing the figure 1 in the square opposite the name of the candidate for whom be desires to vote; and in the case of the election of members— (a) Where one candidate has to be elected, by placing the figure 1 in the square opposite the name of the candidate for whom he desires to vote ; or (b) Where more than one candidate has to be elected, by placing in the squares respectively opposite the names of the candidates for whom he desires to vote— (i.) Where two candidates have to be elected, the figures 1 and 2 respectively ; (ii.) Where three candidates have to be elected, the figures 1, 2 and 3 respectively, and so on, according to the number of candidates to be elected. Each vote so numbered in consecutive order shah be a vote. The voter shall make no other mark or writing on the postal ballot-paper; (v.) The voter shall then fold up the postal ballot-paper so as to conceal the names of the candidates and deliver it to the person before whom he is voting; (vi.) The person before whom the voter is voting shall then, without unfolding the postal ballot-paper, place it in the envelope which is endorsed with the certificate, and shall fasten up the envelope ; (vii.) The person bef ore whom the voter is voting shall then place such envelope in the envelope addressed to the returning officer, and forthwith deliver it to the voter for posting or for delivery on polling day before six o’clock in the afternoon to the returning officer or presiding officer for the Area. No person shall attest a postal vote except in the presence of the voter and at the place where the voter is voting.

1960. Local Government Acts Amendment Act. 393 62. (1.) The person before whom the voter votes shall not inform Person himself of how the voter voted by looking at the ballot-paper or before whom otherwise. voter votes not to (2.) If any person before whom a voter votes, in the discharge of inform hsuischduvtioetserunhdaesrvtohtiesdA, chte, lsehaarnllsnfootr, wbyhawt coarnddoidr aatcetoorrcaannydiodtahteesr hcthaimendsneiadlmfatoeefof means whatsoever, directly or indirectly, divulge or discover, or for whom aid in divulging or discovering, the fact, save in answer to some voter votes. question which he is legally bound to answer. 63. If there is time conveniently to do so, the returning officer Returning shall on all copies of rolls issued by him for use at the election make a officer to note against the name of every elector to whom a postal vote notify issue certificate has been issued. of certificate. If there is not time conveniently to note the facts aforesaid on Advice to the rolls, the returning officer shall immediately advise all presiding presiding officers of such issue in such manner as he thinks fit. officers. , A signature upon a postal vote certificate purporting to be the Evidence of signature of a voter shall, upon a scrutiny, without further proof, be voter's prima facie evidence that such voter voted by post at the election. signature. The date and place of voting stated upon such certificate purporting to be the date on which and the place where the voter's signature is attested shall, upon 4 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. 64. The returning officer and every presiding officer shall deal in Returning hthime pornespcorilbliendg mdaayn.ner with any postal voter's envelope delivered to tpoofrfediscecearril, b& iendc. , manner with postal voter's envelope delivered on polling day. 65. (1.) At the scrutiny the returning officer shall produce, Examination duenloivpeerneedd,toalhlipmosotraltovoanteyrsp'reensvideilnogpeosffriecceerifvoerdthbeyAhirmea bayndpoesvteoryr oanf dvoctoeusn. t outer envelope which was— (a) Delivered on polling day before six o'clock in the afternoon to the returning officer or to any presiding officer for the Area; or (b) Received by post by the returning officer before six o'clock in the afternoon of polling day; or (c) Received by post by the returning officer and on which the postmark clearly indicates that such envelope was posted 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;

394 LocalGovernmentActsAmendment Act. 9 E liz . II. No. 43, (ii.) The returning officer, without opening the envelope endorsed with the certificate, shall compare the signature of the voter 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 returning officer is satisfied that the signature on the envelope is that of the applicant, he shall, before opening the envelope, place a mark against the name of the voter concerned in the roll used by him at the election in question and, after so doing, open the envelope containing the postal ballot-paper, and without then unfolding the postal ballot-paper, place it in a ballot-box. Forthwith upon so doing he shall attach the said envelope by gum or otherwise to the application relating thereto; (iv.) Subject to rule twenty-eight of Subdivision I. of these rules, no postal ballot-paper shall be allowed at the scrutiny which is not enclosed in an envelope endorsed with the certificate duly signed, attested and dated under these rules; (v.) 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 aside for separate custody. No outer envelope shall be opened at the scrutiny unless it was received by post or delivered as prescribed by paragraph (a) or paragraph (b) or paragraph (c) of this rule, and every such unopened envelope shall be set aside for separate custody. ( 2 .) When the returning officer shall have dealt with all the envelopes containing votes permitted under this rule produced by him at the scrutiny at any one and the same time, he shall open the ballot- box and count such and so many postal ballot-papers recording those votes as he shall have placed therein ; and shall so proceed in respect of every such time until the day when all votes permitted under this rule shall have been received and dealt with by him. Causes for 66. Save as they are inconsistent with the foregoing rules numbered balTt10a ° r ^y-seven sixty-five, the provisions of rule fifty setting forth for a o -paper. cauges ballot-papers shall be rejected shall, so far as they are applicable, apply to the examination of votes recorded in the manner directed by these rules for postal voting in cases set forth in rule fifty-seven. S ubdivision III. —V oting by P ostal B allot . Voting by 67. When in the case of a Shire a poll is directed to be taken in the postal ballot, whole Shire or in any division or divisions thereof in the mode prescribed by this Subdivision of these rules, the following provisions shall have force and effect in lieu of the provisions prescribed by Subdivision II. of these rules relating to voting by ballot: Provided that the provisions of rule forty-nine of Subdivision II. of these rules shall, mutatis mutandis , apply and extend to polls which are directed to be taken by postal ballot in the mode prescribed by Subdivision III. of these rules.

1960. LocalGovernmentActsAmendmentAct . 395 68. (1.) The returning officer shall as soon as practicable after Ballot-paper the day of nomination transmit by post to every voter entitled to Summer vote at the election a printed ballot-paper, and shall also on the officer to voters’ roll in force make a mark against the name of every voter every voter, to whom he has posted a ballot-paper. Such roll is hereinafter referred to as the “ marked voters’ roll (2.) The envelopes containing the ballot-papers so posted by the returning officer shall be endorsed with the words “ Ballot-paper, Shire of .” (3.) Every ballot-paper shall be in the prescribed form and shall be initialled by the returning officer before transmission to voters in manner provided by subrule one of this rule. (4.) 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 chairman and a separate ballot-paper for the election of a member or members of the Local Authority ; and in that event the separate ballot-papers shall be in the forms prescribed. (5.) 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 sixty-eight and rules sixty-nine, seventy, seventy-one, seventy-two, seventy-three, seventy- seven and seventy-eight of these rules, 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 the chairman and the separate ballot-paper in respect of the election of a member or members of the Local Authority). 69. Every ballot-paper so transmitted to a voter shall be Envelop© accompanied by an unsealed prepaid post envelope addressed to the jdffiressedto returning officer at the place of nomination and endorsed “ Ballot- 0fficer.mg paper, Shire of .” 70. Each and every ballot-paper shall— of (a) Be of such material and opacity as, when folded once, to papers, effectively conceal the manner in which the same shall have been used in voting ; (b) Be distinguished by the different colour of the paper thereof or otherwise as prescribed from the ballot-papers used at any previous election during the period of six years next preceding polling day for the election in respect of which those firstmentioned ballot-papers are for use in casting votes; (c) Contain a printed list of the names of all the candidates for the offices of chairman and member or members respectively (each name being inserted once only, with the surname first followed by the Christian name or names) and of no other person arranged alphabetically in the order of their surnames ;

396 Local Government Acts Amendment Aet. 9 Buz. II. No. 43, (d^Where two or more candidates have the same surname and christiau name or names, have distinguished on those ballot-papers those candidates^ by the addition, relative to their names as listed on those ballot-papers, of their residences, additions, and other matter, if any, necessary to distinguish them ; and (e) Provide reasonable space for the signature of the voter, and of the witness to the voters* declaration, and for the statement of the witness that he is an elector of the same Shire, ^Justice of the peace, or returning officer, as the case may require. Papers to be 71. Before posting the ballot-papers the returning officer shall filled up. cause the form of declaration on each ballot-paper to be filled in with:— (i.) The name of the Shire or division, as the case may be; (ii.) The Christian name and surname in full, when known, of the voter; (hi.) The place and residence of the voter ; (iv.) The place of nomination ; (v.) The number of members to be elected ; and (vi.) The time at and the date on which the poll will close. Ballot-box at nearest post office. 72. After posting the ballot-papers, the returning officer shall provide a locked ballot-box of which he shall keep the key with a cleft or opening therein capable of receiving the envelopes containing 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. Mode of voting. 73. (1.) The voter shall mark the ballot-paper as prescribed by rule forty-seven, and fold up and gum together the parts thereof as indicated thereon, and shall then sign the form of declaration attached thereto in the presence of a witness who shall be another elector of the same Shire, a justice of the peace, or the returning officer. The witness shall thereupon attest the voter’s signature to the form of declaration by signing his name in the space, appropriate according to his qualification, where indicated thereon. The voter shall then place the ballot-paper in the 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. The form of declaration attached to the ballot-paper shall not be detached therefrom in the course of the proceedings prescribed by this subrule. Betuming (2.) The returning officer may, at the request of a voter, mark officer may the ballot-paper for him, but the returning officer shall not personally assist voter. receive any vote except through the post, as hereinbefore provided. Marksman. (3.) The signature or mark of a voter who cannot write, or who cannot write the characters of the English language, must be attested by a justice of the peace or the returning officer.

m Local Government Acte Amendment Act 397 (4.} No person who cannot write, or who cannot write the characters of the English language, shall be competent to attest the signature of e voter. (5.) No candidate or paid agent of a candidate at the election or Candidate or postmaster car receiving officer of the post office shall attest the his + + signature of a voter to a, ballot-paper for use in the election; every not to such person who so witnesses a signature shall be liable to a penalty signatures, not exceeding fifty pounds, but the vote shall not be thereby invalidated if the witness is otherwise qualified. (6.) No candidate or agent of a candidate shall receive or take Candidate any ballot-paper or envelope containing a ballot-paper from a voter. kis < collect ballot- papers. Any such person who so takes or receives a ballot-paper or Penalty, envelope containing a ballot-paper from a voter shall be liable to a penalty not exceeding fifty pounds, and the election of a candidate who or whose agent so takes or receives a ballot-paper or envelope containing a ballot-paper shall be void. (7.) At any time before three o’clock in the afternoon of the day Duplicate next preceding the day appointed for closing the poll the returning baJk^-papcr 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 a justice of the peace or 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. (8.) The postmaster shall deposit in the ballot-box referred to Duty of in rule seventy-two of these rules every post letter addressed to the Postmaster* returning officer and endorsed “ Ballot-paper, Shire of ,” which is received through the post at his office between the day of nomination and noon of the day appointed for closing the poll. All envelopes containing ballot-papers which have been irregularly posted and which the returning officer ha^ 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 noon 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. 74. For the purposes of every election, the returning officer Place for shall appoint a place at which the votes shall be examined and the examination result of the election ascertained. No house or place licensed or °*votes* registered for the sale of fermented or spirituous liquors shall be appointed as the place for such examination and ascertainment. 75. Each candidate may, by writing under his hand in the Scrutineers, prescribed form, appoint a scrutineer at the place appointed, pursuant to the provisions of rule seventy-four hereof, for the examination of votes and the ascertainment of the result of the election.

398 Local Government Acts Amendment Act. 9 Emz. II. No. 43, Every person so appointed a scrutineer shall, upon his appointment, make and subscribe before the returning officer a solemn declaration in the prescribed form. Removal of ballot-box. 76. At noon on the day appointed for closing the poll, the returning officer shall demand the ballot-box from the postmaster and, if required to do so, shall give to the postmaster a written receipt for the same, and shall forthwith convey the ballot-box to the place appointed as hereinbef ore provided for examining the votes and ascertaining the result of the election. Svdcoerctuelastirnaayntidoonf. oasf hmi7sa7yp.oa(lt1lte.c) nleTdrhkde,eirafeltawunriynt,hinatgnhdeofobffiacsleluorctsh- hpoaalfpltethhresencaasannpddriedtshacetrerisebeaindndtbhysectrphuritesisnreeunelcrees. (2.) Without separating the declarations from the other part of the ballot-papers he shall examine the declaration attached to each ballot-paper and— (a) Mark off the voter's name upon the marked voters' roll; (b) Subject to the provisions of rule twenty-eight of these rules, satisfy himself that the declaration has been made, signed and attested in compliance in every respect with the requirements of the rules contained in this Subdivision; (c) If satisfied as prescribed by paragraph (b) of this subrule, he shall deal with the ballot-papers as follows :— Firstly, he shall separate the form of declaration from the other part of the ballot-paper. Secondly, he shall deposit the form of declaration so separated in a receptacle provided for the purpose. Thirdly, he shall deposit the other part of the ballot-paper in a locked ballot-box; (d) If not satisfied as prescribed by paragraph (b) of this subrule, reject the ballot-paper and shall not separate the same into parts but shall set it aside for separate custody. (3.) Forthwith, after completing the proceedings prescribed by subrule two of this rule, he shall— (a) Secure the receptacle containing the forms of declaration by locking the same and retaining the key; and (b) Subject to first complying with paragraph (a) of this subrule, he shall open the ballot-box and open out the parts of the ballot-papers deposited therein by tearing off the perforated gummed edges and proceed to examine and count the votes. (4.) Forthwith, upon completing the proceedings prescribed by the foregoing subrules of this rule, he shall make out a written statement, signed by himself, and countersigned by the poll clerk, if any, and by any scrutineers who are present and consent to sign the same, containing the numbers, in words and figures, of the votes received for each candidate.

9 E liz . II. No. 43, 1960. Local Government Acts Amendment Act . 399 (5.) After making out and signing such statement, he shall make up in separate and distinct parcels— (а) All the ballot-papers, declarations, books and papers kept and used by him during the polling ; (б) All ballot-papers set aside for separate custody as aforesaid ; and (c) The marked voters’ roll. (6.) He shall then seal up such parcels and permit the same to be sealed by the scrutineers present if they so desire. (7.) When the parcels have been so sealed, he shall endorse the same with a description of the contents thereof and with the name of the Area or division and the date of polling and sign such endorsement with his name. 78. (1.) Every ballot-paper which— For what causes (a) Does not bear the initials of the returning officer; or ballot-paper (b) Has no vote indicated on it, or has fewer consecutive troejebceted. figures, commencing with the figure 1 in the squares than the number of candidates to be elected ; or (c) Has upon it any mark or writing not by these rules authorised to be put thereon which in the opinion of the returning officer will or may enable any person to identify the ballot-paper or the elector, shall be rejected at the close of the poll: Provided that in any case where there is only one candidate required to be elected, any ballot-paper which has a cross only in the square opposite the name of any one candidate and has no figure 1 in any square or no mark or writing thereon as hereinbefore provided shall not be rejected : Provided further, that any ballot-paper which has more consecutive figures commencing with the figure 1 in the squares than the number of candidates required to be elected shall not be rejected for that reason alone : (2.) In the case where one ballot-paper only 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. (3.) No ballot-paper shall be rejected merely because of some Ballot-paper ibnefeonrmdaelailtty, woitrh abllyegtehde ienlefocrtomraolirtyp, reinsidtihneg mofafimceire,rifinitwishircehguiltarhains wbehernejencotetdt.o other respects, and if, in the opinion of the returning officer, the intention of an elector in voting is clearly apparent.

400 Local Government Acts Amendment Act. 9 Emz. II. No. 43, 1960. Elections divisions. (4.) Nothing in this rule contained shall be deemed to affect the jurisdiction of the Supreme Court or a Judge thereof with respect to elections. 79. In a divided Shire, the foregoing provisions of these rules 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." RN25eoGp.ei31aol9.o v af . n S d c - hem 1 e 2 s . A " ppTrhoevaCliAtycotsf, M 19 a 3 c 4 ktaoy 1 a 9 n 4 d 8, O " a th re er h T er o e w b n y P re l p a e n a n l i e n d g . amending Acts.