Local Government (Electoral Provisions) Act 1947 (NSW)
LOCAL GOVERNMENT (ELECTORAL PRO
VISIONS) ACT.
Act No. 21, 1947.
An Act to provide for compulsory voting at elections in local government areas and in the City of Sydney; for this and certain other purposes to amend the Local Government Act, 1919, the Sydney Corp oration Act, 1932, and certain other Acts; and for purposes connected therewith. [Assented to, 28th November, 1947.]
| BE it enacted by the King 's Most Excellent Majesty, b y and with the advice and consent of t he Legis | lative Council and Legislative Assembly of New South |
| Wales in Par l iament assembled, and by the author i ty of t h e same, as follows :— |
P A R T I . PRELIMINARY.
| 1. | ( 1 ) This Act may be cited as the " L o c a l | Govern |
| men t | (Electora l Provis ions) | Act, 1 9 4 7 . " |
(2) This Act is divided into P a r t s as follows:—
PART L-—PRELIMINARY.
PART I I . — A M E N D M E N T OF THE LOCAL GOVERNMENT
A C T , 1 9 1 9 , AS AMENDED BY SUBSEQUENT A C T S . PART I I I . — A M E N D M E N T OF THE SYDNEY CORPORATION
A C T , 1 9 3 2 , AS AMENDED BY SUBSEQUENT ACTS.
P A R T I I .
| A M E N D M E N T | OF THE LOCAL | GOVERNMENT | A C T , 1 9 1 9 , AS |
AMENDED BY SUBSEQUENT A C T S . DIVISION 1.—Construction.
2 . ( 1 ) This P a r t shall be read and construed with the
| Local Government Act, 1 9 1 9 , | as amended by subsequent |
| Acts . |
F (2) (2) The Local Government Act, 1919, as so amended is in this P a r t re fe r red
to as the P r inc ipa l Act.
DIVISION 2 .—Amendments of the Local Government Act,
1919, as amended by subsequent Acts.
(1) The Pr inc ipa l Act is amended by inser t ing next af ter section seventy-four the following new sections a n d
3 .
shor t head ing :—
Compulsory voting.
74A. A t every election held in an a rea under this Act it shall be the duty of every elector, who is enti t led to vote a t the election, to record his vote a t the election.
74B. The r e tu rn ing officer at the close of the poll a t every election shall—
(a)
from every roll for a ward or riding pre p a r e d under this Act and used a t the elec tion, indicate by a dis t inguishing m a r k on a fair copy of tha t roll (which copy is herein af te r re fer red to as the " m a r k e d r o l l " ) the names of the electors who appea r to have failed to record their votes at the election
for which he is r e tu rn ing officer;
(b) declarat ion unde r his hand.
certify
each
marked
roll
by
s t a tu to ry
74c. (1) Wi th in three months af ter the close of the poll a t every election the r e tu rn ing
officer—
(a)
shall send by post to each elector who appea r s not to have complied with the provisions of section 74A of this Act and whose name indicated as aforesaid a p p e a r s on any such marked roll, a t the add res s therein mentioned, a notice in the p r e scribed form notifying him tha t he a p p e a r s to have failed to record his vote a t t he election and requi r ing him to s ta te the t r u e reason why he failed so to vo+e; and
(b)
(b)
before sending such notice, shall insert therein—
(i) the full name of the elector as appear ing on the marked roll and his address as therein mentioned and the name of the municipality or shire and of the ward or riding for which he is enrolled and his number on the marked 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 at the foot of the notice duly filled up and signed by the elec tor is to be in the hands of the returning officer.
(2) This section shall not apply in any case where the returning officer is satisfied that the elector—
(a) is dead; or
(b)
was absent from New South Wales on the day of the election; or
(c) was not entitled to vote at the election.
74D. (1) 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;
(b) 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.
(2) 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 Act—
(a)
any other elector who has personal know ledge of the facts may fill up, sign and post or deliver within that time the form duly witnessed as prescribed; and
(b)
(b)
such filling up, signing and posting or delivery of the form may be treated as compliance by the first-mentioned elector with the provisions of this section.
(3) Upon receipt within the time allowed pursuant to this Act of any such form properly filled up and signed and witnessed the returning officer shall—
(a) make on the marked roll opposite the name of the elector to whom the form refers, a note to that effect; and (b) 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. (4) 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 Act, the returning officer shall make on the marked roll opposite the name of the elector a note to that effect.
74E. The marked roll indicating—
(a)
the names of electors who appear to have failed to vote at the election;
}b) the names of electors from whom or on
whose behalf the returning officer received
within the time allowed pursuant to this Act forms properly filled up and signed; (c) the names of 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,
or a copy of any such marked roll or any extract therefrom certified by the returning officer under his hand, shall in all proceedings be prima facie evidence of the contents of such marked roll or
extract,
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 Act was received by those electors, and that those electors did, or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed pursuant to this Act.
74F. Every elector who, being an elector referred to in section 74A of this Act—
(a) fails to record his vote at any election without a valid and sufficient reason for such failure (in this section the words "valid and sufficient reason" shall include an honest belief on the part of an elector that abstention from voting is part of his religious duty); or (b) on receipt of the notice aforesaid, fails, neglects or refuses to fill up and sign and post or deliver to the returning officer so as to reach him within the time allowed pur suant to this Act 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 pur suant to this Act 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 of the penalty may be instituted by the council of the area concerned or by some person authorised in writing (whether generally or in any particular case) by that council.
74G. Until otherwise prescribed by ordinance the procedure in relation to the enforcement of the pro visions of sections 74A to 74F, both inclusive, of this Act, and the imposition and recovery of penalties for offences against those sections shall be as set out in Schedule Eight to this Act.
(2)
(2) The Principal Act is further amended by insert ing next after Schedule Seven the following new Schedule :—
S C H E D U L E E I G H T . Compulsory Voting.
1. The marked roll for a ward or r i d in g on which the r e t u r n i n g officer is required to ind ica te by a d i s t ingu i sh ing m a r k pu r suan t to section 74B of th i s Act , the names of the electors who appear to have failed to record the i r votes a t the election, shall be certified by s ta tu to ry declarat ion i n accordance wi th F o r m 1 to th is Schedule.
2. The not ice which the r e t u r n i n g officer is required, p u r s u a n t to section 74c of th is Act , to send by post to each elector who appears to have failed to record his vote shall be in accordance wi th F o r m 2 to th is Schedule.
3. T h e form of reply of any elector, p u r s u a n t to section 74D of th i s Act , shall be witnessed by an elector, or a person qualified to be an elector under th i s Act , and shall be in accordance wi th F o r m 3 to this Schedule.
4. Before sending the not ice referred to in clause two of th i s Schedule the r e t u r n i n g officer shall inser t there in a date (not be ing less t h a n twenty-one days after the date of the post ing of the not ice) before, or on which the form at the foot of the notice, duly filled u p a n d signed by the elector and witnessed, is to be in t he hands or t he
r e t u r n i n g officer. 5. ( a ) The council of the area concerned may, p u r s u a n t to section 74F of th i s Act author ise in wr i t ing , in respect of the munic ipa l i ty o r shire, some person or persons to i n s t i t u t e proceedings for the en forcement of penal t ies unde r the said section.
(b) E a c h such person shall , for the purposes of th i s Schedule, be called a "P rosecu t i ng
Officer."
(c) Such au thor i sa t ion shall be in accordance wi th F o r m 4 to
t h i s Schedule . 6. I n any proceedings in a cour t of pet ty sessions aga ins t an elector for a contravent ion of pa rag raph (b) of section 74F of th i s A c t , there shall be served on the defendant a notice, in accordance wi th F o r m 5 to th i s Schedule t h a t t he defendant may a t t end the cou r t and answer the charge in person, or may , a t any t ime, not less t h a n four teen days before the da te fixed for t he hear ing , lodge wi th or send by post to the council , a s t a tu to ry declarat ion se t t ing out any m a t t e r which he desires to set out in answer to the charge, and unless t he said council after i nqu i r i ng in to t he t r u t h of the s ta tements the re in set out , so far as it is pract icable to do so, is satisfied wi th t he explanat ion given, and author ises the wi thdrawal of the charge, t he m a t t e r shall be proceeded wi th , and the said s t a tu to ry declarat ion m a y thereupon be pu t to such use at the hea r ing as may be necessary a n d permissible for t he proper de te rmina t ion of the offence. T h e
not ice may be p r in ted or wr i t t en on the summons . 7.
7. I n any prosecut ion in a cour t of pet ty sessions in respect of any cont ravent ion of pa rag raph (a ) or pa rag raph (b) of section 74F of t h i s Act , a certified ex t rac t of t he marked roll in accordance wi th F o r m 6 to th is Schedule shall be lodged wi th the court .
F O R M 1 .
L O C A L G O V E R N M E N T A C T , 1 9 1 9 .
Section 74B. Munic ipa l i ty W a r d Shi re Riding
| I , | of |
in the S ta te of New Sou th Wales, R e t u r n i n g Officer for the above- ment ioned Municipality do solemnly and sincerely declare tha t t h e
Sh i re
| wi th in fair copy of the roll for the abovementioned | Ward | wi th |
R i d i n g
| d i s t ingu i sh ing marks ind ica t ing the names of electors who appear | t o |
| have failed to record the i r votes a t the election held on the |
| day of | , 1 9 | , was prepared by me p u r s u a n t | t o |
section 74B of the Local Government Act , 1 9 1 9 .
A n d I make th is solemn declara t ion conscientiously believing t h e
same to be t r u e and by v i r tue of the provisions of t he Oaths A c t ,
| 1 9 0 0 , | as | amended. |
| R e t u r n i n g | Officer | for | t he | Munic ipa l i ty | of |
| Shire |
Declared before me a t in the S t a t e aforesaid, the day of , 1 9
J u s t i c e of the Peace .
F O R M 2.
L O C A L G O V E R N M E N T A C T , 1 9 1 9 .
Section 74c.
^Municipality W a r d Sh i re R i d i n g
| N o . on | Roll , |
| Notification | to Elector | who appears | to have Failed | to | Vote |
To the Elector whose n a m e and address appear on t he back hereof.
You are notified t h a t you appear to have failed to record y o u r
| vote a t the election held on the | day |
of , 1 9 , and you are hereby called upon in pu r suance of section 74D of the Local Government A c t ,
1 9 1 9 , to give the t rue reason why you failed so to record your vo te .
Y o u
You are required t o—
(a)
state, in the form at the foot of this notice, the true reason why you failed so to record your vote;
(b)
complete, and personally sign the form, and have it wit nessed by an elector or a person qualified to be an elector under the Local Government Act, 1919; and
(c) fold the form so that the address "The Returning Officer for
Municipality"
t h e shall be visible, Shire''
and post and deliver it so as to reach me on or before
the*
Returning Officer for the Municipality Shire. Address Date, , 19
N O T E . — I f the elector to whom this notice is addressed is unable, by reason of absence from his residence or physical incapacity, to fill up, sign and post, or deliver the form at the foot hereof within the time specified in the form, any other elector who has personal knowledge of the facts may fill up, sign, and post or deliver the form, duly witnessed, within that time, and the filling up, signing, and posting or delivery of the form will be treated as compliance by the first-mentioned elector with the requirements of this notice.
* Not being less than twenty-one days after the posting of this notice.
F O R M 3.
. Section 74D. ed
ch Statement to he completed and relumed to the Returning Officer. ta
de I. , do hereby state that the following is the true reason why I *
be failed to vote at the election held on the to
day of , 19 .
ot + N Personal signature of elector. I, the undersigned, being an elector or a person qualified to be an elector under the Local Government Act, 1919, certify that I have seen the abovenamed elector sign the above statement.
Signature of Witness.
( In own handwriting).
Occupation
Address
Date , 19 .
* Where this form is filled up on behalf of an absent or physically incapacitated elector, the word " I " must be struck out, and the name of such elector inserted.
+ Here set out briefly the true reason for having failed to vote.
(Back
(Back of F o r m s 2 and 3.)
Munic ipa l i ty .
| The R e t u r n i n g | Officer | for | the | Shire . Munic ipa l i ty . |
| F r o m | the | R e t u r n i n g | Officer | for | the | Shire . |
| M |
Every elector who, being an elector referred to in section 74A of
the Local Government Act, 1 9 1 9 , as amended—
(a)
fails to record his vote at an election without a valid and sufficient reason for such f a i lu re ; or
(b)
on receipt of a notice in accordance with subsection one of section 74o of the Local Government Act , 1919, fails, neglects, or refuses to fill up , s ign and post or deliver to t he R e t u r n i n g Officer so as to reach him wi th in the t ime speci fied in the not ice, the form (duly witnessed) a t tached
t h e r e t o ; or (c)
states in such form a false reason for not having recorded his vole, or in the case of an elector filling up or purpor t ing to fill up a form on behalf of any other elector, states in such form a false reason why that other elector did not vote,
is gui l ty of an offence and liable to a penally of not less than ten
shilling's and not more than two pounds .
Section 74A of the Local Government Act, 1 9 1 9 , as amended provides :—
A t every election held in an area unde r th is Act it shall be the du ty of every elector, who is ent i t led to vote at the election, to record his vote at the election.
F O R M 4.
L O C A L G O V E R N M E N T A C T , 1 9 1 9 .
Section 74F. Municipality
| Authorisation | of the Council of the | for | a |
Shire
Proseculina Officer to Institute Proceedinas.
Munic ipa l i ty
| The Council of | the | hereby | authorises |
Shi re
, whose s igna tu re appears hereunder , to in s t i tu t e
proceedings for the enforcement of penal t ies for the contravent ion of any of the provisions of sections 74A to 74G, both inclusive, of the
| Local Government | Act , | 1 9 1 9 . |
Given under t he Common Seal of t he Counci l on t he day
| of | 19 | , in pu r suance of a resolut ion passed by the Council | ||
| on t he |
|
Mayor (or P r e s i d e n t ) .
Clerk.
| S i g n a t u r e | of | person | authorised |
to ins t i tu t e proceedings. FORM
F O R M 5.
L O C A L G O V E R N M E N T A C T , 1919.
Notice to the within-named Defendant.
You may a t t end the cour t and answer the charge in person, or may, at any t ime, no t less t h a n four teen (14) days before the da te fixed for the hear ing , lodge wi th or send by post to the
Munic ipa l
Counci l a s t a tu to ry declarat ion se t t ing out any ma t t e r
S h i r e
which you desire to set out in answer to the charge, and, unless the
said Council , after i nqu i r ing in to the truth of the s ta tements there in
set out , so far as it is pract icable to do so, is satisfied wi th the explana
t ion given and author ises the wi thdrawal of the charge, the m a t t e r
shall be proceeded wi th and the said s t a tu to ry declarat ion may there
upon be put to such use at the hearing as may be necessary andpermissible for the proper determination of the offence.
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E No R
PART
PART I I I .
AMENDMENT OF THE SYDNEY CORPORATION ACT, 1932 , AS
AMENDED BY SUBSEQUENT ACTS.
DIVISION I.—Construction and Citation.
4. (1) This Par t shall be read and construed with the Sydney Corporation Act, 1932, as amended by subsequent Acts.
(2) The Sydney Corporation Act, 1932, as so
amended, is in this Par t referred to as the Principal Act.(3) The Sydney Corporation Act, 1932, as amended by subsequent Acts and by this Par t of this Act, may be cited as the Sydney Corporation Act, 1932-1947.
DIVISION 2.—Amendments of the Sydney Corporation
Act, 1932, as amended by subsequent Acts.
5 . (1) The Principal Act is amended by inserting next after section forty-nine the following new sections:— 49A. At every election held in the city under this Act it shall be the duty of every citizen, who is entitled to vote at the election, to record his vote at the election.
49B. The returning officer at the close of the poll at every election shall—
(a)
from the rolls for every ward used at the election indicate by a distinguishing mark on a fair copy of each of such rolls (which
copy
copy is hereinafter referred to as the "marked roll") the names of the citizens who appear to have failed to record their votes at the election for which he is returning officer;
(b)
certify each marked roll by statutory declaration under his hand.
49c. (1) Within three months after the close of
the poll at every election the returning officer—
(a) shall send by post to each citizen who appears not to have complied with the pro visions of section 49A of this Act and whose name indicated as aforesaid appears on any such marked roll at the address therein men tioned, a notice in the prescribed form notifying him that he appears to have failed to record his vote at the election and re quiring him to state the true reason why he failed so to vote; and (b) before sending such notice, shall insert therein— (i) the full name of the citizen as appear ing on the marked roll and his address as therein mentioned and the name of the ward for which he is enrolled and his number on the marked 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 at the foot of the notice duly filled up and signed by the citizen is to be in the hands of the returning officer.
(2) This section shall not apply in any case where the returning officer is satisfied that the citizen—
(a) is dead; or()
(b)
(b)
was absent from New South Wales on the day of the election; or
(c) was not entitled to vote at the election.
49D. (1) Every citizen 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;
(b) 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.
(2) If any citizen 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 Act—
(a)
any other citizen who has personal know ledge of the facts may fill up, sign and post or deliver within that time the form duly witnessed as prescribed; and
(b)
such filling up, signing and posting or delivery of the form may be treated as com pliance by the first-mentioned citizen with the provisions of this section.
( 3 ) Upon receipt within the time allowed pursuant to this Act of any such form properly filled up and signed and witnessed the returning officer shall—
(a') make on the marked roll opposite the name of the citizen to whom the form refers, a note to that effect; and
(b)
indicate in writing on the marked roll op posite the name of the citizen his opinion whether or not the reason contained in the
form
form is a valid and sufficient reason for the failure of the citizen to record his vote at the election.
(4) If in the case of any citizen 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 Act, the returning officer shall make on the marked roll opposite the name of the citizen a note to that effect.
49E. The marked roll indicating—
(a)
the names of citizens who appear to have failed to vote at the election;
(b)
the names of citizens from whom or on whose behalf the returning officer received, within the time allowed pursuant to this Act, forms properly filled up and signed;
(c)
the names of citizens 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,
or a copy of any such marked roll or any extract therefrom certified by the returning officer under his hand, shall in all proceedings be prima facie evidence of the contents of such marked roll or extract, and of the fact that the citizens whose names appear therein
marked as aforesaid did not vote at the election, and
that the notice specified in this Act was received by
those citizens, and that those citizens did, or did not (as the case may be), comply with the requisitions contained in the notice within the time allowed pursuant to this Act.
49F. Every citizen who, being a citizen referred to in section 49A of this Act—
(a)
fails to record his vote at any election with out a valid and sufficient reason for such
failure
failure (in this section the words "valid and sufficient reason" shall include an honest belief on the part of a citizen that absten tion from voting is part of his religious
duty) ; or
(b) on receipt of the notice aforesaid, fails,, neglects or refuses to fill up and sign and post or deliver to the returning officer so as to reach him within the time allowed pur suant to this Act 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 a citizen filling up or purporting to fill up a form on behalf of any other citizen pursuant to this Act states in such form a false reason why the other citizen 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 of the penalty may be instituted by the council or by some person authorised in writing (whether generally or in any particular case) by the council.
49G. For the purposes of this Act the returning officer at any election—
(a)
with such assistance as he may deem neces sary shall open and if necessary break the seal of any parcel containing the rolls used at the election, and examine the same for the purpose of indicating on the marked roll aforesaid the names of the citizens who have not voted at the election; and
(b)
at the conclusion of the said examination and marking shall replace such rolls in the
parcels
parcels from which they were taken and re-seal the same, and then comply with the provisions of section forty-one of this Act.
49H. By-laws made under this Act may prescribe the procedure in relation to the enforcement of the provisions of sections 49A to 49G, both inclusive, of this Act, and the imposition and recovery of penalties for offences against those sections; and until such by-laws are made, the procedure shall be as set out in the Thirty-first Schedule to this Act.
(2) The Principal Act is further amended by insert ing next after the Thirtieth Schedule the following new Schedule:—
T H I R T Y - F I R S T S C H E D U L E .
Compulsory Voting.
1 . The marked roll for each ward on which the r e t u r n i n g officer
is required to indicate by a d i s t ingu i sh ing m a r k p u r s u a n t to section 49B of th is Act, the names of the cit izens who appear to have failed to record the i r votes a t the election shall be certified by s ta tu tory declarat ion in accordance wi th F o r m 1 to this Schedule.
2. The not ice which the r e t u r n i n g officer is required, p u r s u a n t to
section 49c of th is Act , to send by post to each citizen who appears to have failed to record his vote shall be in accordance wi th F o r m 2
| t o th is | Schedule . |
3. The form of reply of any cit izen p u r s u a n t to section 49D of th i s
A c t shall be witnessed by a cit izen, and shall be in accordance wi th
| F o r m | 3 to th i s | Schedule . |
| 4. Before sending the not ice referred to in clause two of t h i s Schedule, the r e t u r n i n g officer shall inser t there in a da te (not being less t h a n twenty-one days after the da te of t he post ing of the not ice) before, or on which the form at the foot of the notice, duly filled u p and signed by the cit izen and witnessed, is to be i n the hands of t he | |
| r e t u r n i n g | officer. |
5. ( a ) The council may, p u r s u a n t to section 49F of th is Act ,
| au thor i se in wr i t ing some person or persons to ins t i tu te | proceedings |
| for the enforcement of penal t ies under the said section. | |
| (b) E a c h such person shall, for the purposes of th is Schedule, be called n "P rosecu t ing | Officer." |
(c) Such au thor i sa t ion shall be in accordance wi th F o r m 4 to
| th i s | Schedule . | |
| 6. I n any proceedings in a court of pet ty sessions agains t a citizen for a cont ravent ion of pa ragraph (b) of section 49F of th is Act, there shall be served on the defendant a notice, in accordance wi th F o r m 5 to th i s Schedule, t h a t the defendant may a t tend the cour t and answer t he charge in person, or may, at any t ime , not less t h a n fourteen days before the da te fixed for the hear ing, lodge with or send by post to the council , a s t a tu to ry declara t ion se t t ing out any ma t t e r which he desires to set out in answer to t he charge, and unless the said council after i nqu i r i ng in to t he t r u t h of the s ta tements the re in set out , so far as i t is pract icable to do so, is satisfied wi th the explana t ion given, and author ises the wi thdrawal of the charge, t he m a t t e r shall be proceeded with, and the said s t a tu to ry declarat ion may there upon be p u t to such use at the hea r ing as may be necessary and permissible for the proper de te rmina t ion of the offence. The notice | ||
| ||
| 7. I n any prosecut ion in a cour t of pe t ty sessions in respect of any contravent ion of pa rag raph (a) or pa rag raph (b) of section 49F of th i s Act , a certified ext rac t of the marked roll in accordance wi th F o r m 6 to th i s Schedule shall be lodged wi th the court . |
F O R M 1 .
S Y D N E Y C O R P O R A T I O N A C T , 1932-1947.
Section 49B.
CITY OF SYDNEY. WARD.
I , of in the S ta te of New Sou th Wales , R e t u r n i n g Officer for the abovementioned Ward , do solemnly and sincerely declare t h a t the wi th in fair copy of t he roll for the abovementioned W a r d , wi th d i s t inguish ing marks ind ica t ing the names of ci t izens who appear to have failed to record
the i r votes a t the election held on t h e day of
19 , was prepared by m e p u r s u a n t to section 49B of the Sydney
Corpora t ion Act , 1932-1947. A n d I make th is solemn declara t ion conscientiously bel ieving the same to be t r u e and by v i r tue of the provisions of the Oa ths Act , 1900, as amended.
R e t u r n i n g Officer.
Declared before me at , in the S t a t e
aforesaid, t he day of 19 .
J u s t i c e of the Peace .
F O R M
F O R M 2.
S Y D N E Y C O R P O R A T I O N A C T , 1932-1947.
Section 49c.
CITY OF SYDNEY. WARD. No. on Roll
Notification to Citizen who appears to have failed to Vote.
To the citizen whose n a m e and address appear on the back hereof.
| You are notified tha t you appear to have failed to record your vote at the election held on the | day of | , |
19 , and you are hereby called upon in pursuance of section 49D
of the Sydney Corporat ion Act, 1932-1947, to give t he t r u e reason
why you failed so to record your vote.
You are required t o —
(a)
state, in the form at the foot of this notice, the true reason why you failed so to record your vo te ;
(b) complete and personally sign the form, and have it witnessed
by a c i t izen; and
(c) fold t he form so t h a t t he address, " T h e R e t u r n i n g Officer, Town Ha l l , Sydney," shall be visible, and post or deliver i t
so as to reach me on or before the .*
R e t u r n i n g Officer. Address
Da te ,19
N O T E . — I f the citizen to whom this notice is addressed is unable, by reason of absence from his residence or physical incapaci ty , to fill up ,
s ign and post, or deliver the form at the foot hereof wi th in the t ime
specified in the form, any other citizen who has personal knowledge of
the facts may fill up , sign and post or deliver the form, duly witnessed,
w i th in tha t t ime , and the filling up , s igning, and post ing or delivery
| of the form will be t rea ted as compliance by the | first-mentioned | cit izen |
| wi th the requi rements of th is not ice. |
* Not being less than twenty-one days after the posting of this notice.
FORM 3.
S Y D N E Y C O R P O R A T I O N A C T , 1932-1947.
Section 49D.
Statement to he completed and returned to the Returning Officer.
| I, | do hereby s ta te tha t the following |
| is the t rue reason why I * |
failed
failed to vote at the election held on the day of , 19 +
Persona l s igna tu re of Citizen.
I , the unders igned, be ing a cit izen of the Ci ty of Sydney, certify tha t I have seen the abovenamed citizen sign the above s ta tement .
S igna tu re of Wi tness ( in own h a n d w r i t i n g ) .
Occupat ion ,
Address ,
Da te ,19
* Where this form is filled up on behalf of an absent or physically incapacitated citizen the word " I " must be struck out, and the name of such citizen inserted.
+ Here set out briefly the true reason for having failed to vote.
(Back of F o r m s 2 and 3.)
The R e t u r n i n g Officer,
Town H a l l , Sydney.
F r o m the R e t u r n i n g Officer, Ci ty of Sydney. M Every cit izen who, be ing a citizen referred to in section 49A of the
Sydney Corpora t ion Act , 1932-1947—
(a) fails to record his vote at an election without a valid and sufficient reason for such f a i lu re ; or (b) on receipt of a notice in accordance with section 49C of the
t o fill up , s ign and post or deliver to the r e t u r n i n g officer so Sydney Corpora t ion Act , 1932-1947, fails, neglects or refuses as to reach h i m wi th in the t i m e specified in the not ice, the
form (duly witnessed) a t tached t he re to ; or (c) states in such form a false reason for not having recorded his vote, or in the case of a ci t izen filling u p or pu rpo r t i ng to fill u p a form on behalf of any other citizen, s ta tes in such form a false reason why t h a t other ci t izen did not vote,
is gu i l ty of an offence and liable to a pena l ty of not less t h a n t en
shi l l ings and no t more t h a n two pounds . Sect ion 49A of t he Sydney Corpora t ion Act , 1932-1947, provides :—
A t every election held in t he city unde r th i s Act i t shall be t h edu ty of every ci t izen, who is ent i t led to vote a t the election, to
record his vote a t the election.
F O R M
F O R M 4 .
S Y D N E Y C O R P O R A T I O N A C T , 1 9 3 2 - 1 9 4 7 .
Section 4 9 F .
Authorisation of The Municipal Council of Sydney for a
Prosecuting Officer to Institute Proceedings.
The Munic ipa l Council of Sydney hereby authorises
, whose s igna ture appears hereunder , to i n s t i t u t e
proceedings for the enforcement of penal t ies for the cont ravent ion of any of the provisions of sections 4 9 A to 4 9 H , both inclusive, of the
| Sydney | Corpora t ion | Act , | 1 9 3 2 - 1 9 4 7 . |
Given u n d e r the Common Seal of the Council in pursuance of a resolut ion passed by the Council on
The Common Seal of the
Munic ipa l Council of Sydneywas hereunto affixed by me,
(L.S.)
Town Clerk of the Ci ty of Sydney, th i s day
of 1 9 Town Clerk.
| S i g n a t u r e | of | person | author ised |
to i n s t i tu t e proceedings.
F O R M 5.
S Y D N E Y C O R P O R A T I O N A C T , 1 9 3 2 - 1 9 4 7 .
Notice to the within-named Defendant.
Y o u may a t tend the court and answer the charge in person, or may, a t any t ime, not less t h a n four teen ( 1 4 ) days before the da te fixed for t he hear ing , lodge wi th or send by post to the Munic ipa l Council of Sydney a s ta tu tory declarat ion se t t ing out any m a t t e r which you des i re to set out in answer to the charge, and, unless the said Council , a f ter inqu i r ing in to the t r u t h of the s ta tements the re in set out, so far as i t is pract icable to do so, is satisfied wi th the explanat ion given and author ises the wi thdrawal of the charge, the m a t t e r shall be proceeded wi th and the said s ta tu tory declarat ion may thereupon be pu t to such use a t the hear ing as may be necessary and permissible for the proper
| de te rmina t ion of the | offence. |
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(3)
(3) The Principal Act is further amended—
(a) by omitting section thirty-three and by inserting in lieu thereof the following section:— 33. Immediately before proceeding to take the poll at any polling-place the presiding officer shall exhibit for the inspection of any persons lawfully present in the polling booth the ballot- box open and empty and shall then close and lock and place the same empty and keep the same unopened upon the table at which he is to preside and in full view of all persons lawfully present in the polling booth and he shall keep in his custody the key of the said box.
(b)
by omitting paragraph (b) of subsection one of section thirty-five and by inserting in lieu thereof the following paragraph:—
(b)
If such person is not, in accordance with section forty-two of this Act pre cluded from voting, and subject to sec tion 35A of this Act, a presiding officer or a poll clerk shall give him a ballot- paper according to the form in the Ninth Schedule hereto, after initialling the same on the back;
(c) (i) by omitting subsection one of section 35A
and by inserting in lieu thereof the follow
ing subsection:— (1) If on any person claiming to vote at any polling-place it is found that a line has been drawn through such person's name upon the roll specially provided for that polling-place as mentioned in subsection one of section thirty-five of this Act, as indicat ing that he has already received a ballot- paper, the presiding officer shall put to the person so claiming to vote the questions set out in subsection two of section forty-two of this Act.
Before
Before any such person is permitted to vote under this section he shall make and subscribe before the presiding officer a declaration in the form contained in the Eleventh Schedule hereto.
Any person who refuses to answer such questions or who fails to answer the first and second of such questions in the affirmative and the third and fourth in the negative or who does not make and sub scribe before the presiding officer such declaration as aforesaid shall not be per mitted to vote.
(ii) by omitting paragraph (b) of subsection two of the same section and by inserting in lieu thereof the following new paragraph:—
(b) Every envelope containing a vote given under this section shall be retained by the presiding officer until after the close of the poll; (iii) by omitting from paragraph (c) of the same subsection the words "The returning officer or the officer assisting h im" and by insert ing in lieu thereof the words ' ' The presiding officer";
(iv) by omitting from paragraph (d) of the same subsection the words " the returning officer or the officer assisting h im" and by inserting in lieu thereof the words " the
presiding officer"; (v) by omitting paragraph (e) of the same subsection and by inserting in lieu thereof the following paragraph:—-
(e)
At the scrutiny the presiding officer shall open the ballot-papers, and shall allow and count those which are formal, and shall reserve for the decision of the returning officer the ballot-papers which he does not allow as formal;
(vi)
(vi) by inserting after subsection three of the same section the following new sub section :—
(4) Every person wilfully making a false answer to any question put to him in pur suance of subsection one of this section or wilfully making a false declaration under this section shall be deemed guilty of a mis demeanour.
(d) by omitting section thirty-seven;
(e) by omitting section thirty-nine and by inserting in lieu thereof the following section:— 39. (1) Immediately upon the close of the poll the presiding officer at the polling booth at which he presides shall in the presence and subject to the inspection of such of the scrutineers as choose to be present and the poll clerks (if any) but of no other persons, open the ballot-box and proceed to count the number of first preference votes recorded for each candi date.
(2) Immediately after ascertaining the total number of votes recorded for each candi date the presiding officer shall make up—
(a)
in one parcel the ballot-papers which have been used in voting at the polling- place ;
(b) in a second separate parcel the ballot- papers which have remained unused thereat; and (c) in a third separate parcel the rolls supplied to the presiding officer for use at such place, signed by him, and all books, rolls and papers kept or used by the presiding officers during the polling; and shall seal up the said several parcels; and shall permit any of the scrutineers who may desire to do so to affix his or their seals to such
parcels;
parcels; and shall endorse the same severally with a description of the contents thereof, and with the name of the ward and polling-place and the date of the polling and sign with his name the said endorsement, and shall promptly deliver the said parcels to the returning officer.
(3) As soon as practicable after the delivery to the returning officer of the said parcels the whole of the ballot-papers including postal ballot-papers received up to the close of the poll shall be examined and the votes counted by him in the presence of such of the scrutineers as choose to be present, and with such assist ance as he may deem necessary and the result of the election shall be thereby ascertained and shall be reported to the Lord Mayor by the returning officer.
(4) The method of counting the votes to ascertain the result of the election shall be as prescribed in Schedule 10A to this Act.
(f) by omitting section forty and by inserting in lieu thereof the following section:— 40. The Lord Mayor shall on or before the sixth day after the election declare in the Gazette which shall then be published expressly for the purpose, and in two newspapers, the names of the aldermen so elected for the several wards, and the town clerk shall send by post a
separate notice in writing of his election to every such alderman, addressed to his usual place of abode.
(g) by omitting section forty-two and by inserting in lieu thereof the following section:— 42. (1) Every person claiming to vote at any polling-place shall state to the presiding officer the name under which he claims to vote, and such other particulars as the presiding officer shall require for the purpose of ascertaining upon the roll the name so given.
( 2 )
(2) The presiding officer shall ascertain that the name so given by such person is upon the roll in force for the ward for which such polling-place has been appointed, and, subject to section 35A of this Act, may, if he thinks fit, and shall, if required by any scrutineer at the polling- place at which he presides, require any such person to make and subscribe before the presid ing officer a declaration in the form contained in the Eleventh Schedule hereto; and may, if he thinks fit, and shall, if required so to do as afore said, put to any such person, before such person shall receive a ballot-paper, but not afterwards, the following questions:—
(a) Are you the person whose name
appears as number
on the citizens' roll forthis ward?
(b)
Are you of the full age of twenty-one years?
(c)
Have you already voted either here or elsewhere at this election?
(d) Are you disqualified from voting?
(3) Any person who refuses to answer such questions as are put to him or who fails to answer the first and second questions in the affirmative and the third and fourth questions
in the negative or who when required so to do
in accordance with this section does not makeand subscribe before a presiding officer such declaration as aforesaid shall not be permitted to vote:
Provided that a person shall not be debarred from voting because of errors or omissions in the entry of his name as appearing on the roll, if he satisfies the presiding officer of his identity as the person referred to by that name.
(4).
(4) Every person wilfully making a false answer to any such question, or wilfully making a false declaration under this section, shall be deemed guilty of a misdemeanour.
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