Military Service Referendum Regulations 1916 (Cth)

STATUTORY RULES.

1916. No. 260.

_____

REGULATIONS UNDER THE MILITARY SERVICE REFERENDUM ACT 1916.

I, SIR JOHN MADDEN, acting as the Deputy of the Governor General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the MilitaryServiceReferendum Act 1916 to come into operation as from the 18th day of September, 1916.

Dated this 18th day of October, 1916.

JOHN MADDEN,

Deputy of the Governor-General.

By His Excellency's Command,

W. G. HIGGS,

For Minister of State for Home Affairs.

______

Military Service Referendum Regulations 1916.

Short title.

1. These Regulations may be cited as the Military Service Referendum Regulations 1916.

Appointment of scrutineers.

2.—(1.) The form of appointment of scrutineers by a person authorized by the Governor-General to appoint scrutineers shall be in accordance with Form A in the Schedule.

(2.) The form of appointment of scrutineers by a person authorized by a majority of those members of both Houses of the Parliament who are not in favour of the prescribed question to appoint scrutineers shall be in accordance with Form B in the Schedule.

Declaration by absent voter.

3.—(1.) Notwithstanding anything contained in Sub-regulation (4.) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1915 the declaration to be made by an elector voting as an absent voter before an Electoral Registrar before polling day shall be in accordance with Form C in the Schedule.

(2.) Notwithstanding anything contained in Sub-regulation (4.) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1915 the declaration to be made by an elector voting as an absent voter before a Presiding Officer on polling day shall be in accordance with Form D in the Schedule.

  

C.13832.—Price 3d.

Absent voter's ballot-paper.

4.—(1.) Notwithstanding anything contained in Sub-regulation (9.) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (Constitution Alteration) Act 1906–1915 the ballot-paper to be used by an elector voting as an absent voter before an Electoral Registrar before polling day shall be in accordance with Form E in the Schedule.

(2.) Notwithstanding anything contained in Sub-regulation (13.) of Regulation 22 of the Regulations under the Commonwealth Electoral Act 1902–1911 and the Referendum (ConstitutionAlteration) Act 1906–1915 the ballot-paper to be used by an elector voting as an absent voter before a Presiding Officer on polling day shall be in accordance with Form F in the Schedule.

Envelopes for ballot-papers endorsed “Section 9.”

5. The prescribed envelope in which the ballot-paper issued to an elector in pursuance of sub-sections (3.) or (4.) of section 9 of the Act shall be placed—

(a) shall, in the case of a person voting as an absent voter before a Presiding Officer on polling day be the absent voter's envelope prescribed by Sub-regulation (1) of Regulation 3 of these Regulations with the words "Section 9" stamped or written thereon, and

(b) shall, in the case of a person voting as an ordinary voter on polling day, be in accordance with Form G in the Schedule.

Absent voter's ballot-paper issued to any elector in pursuance of Section 9.

6. The ballot-paper to be issued to an elector in pursuance of subsection (3) or (4) of section nine of the Act shall, in the case of a person voting as an absent voter before a Presiding Officer on polling day, be the absent voter's ballot-paper prescribed by Sub-regulation (2) of Regulation 4 of these Regulations with the words " Section 9 " written or stamped thereon.

Prescribed tribunals.

7.—(1.) For the purposes of sub-sections (8.) to (11.) of section nine of the Act the prescribed tribunals shall be constituted by a Police Magistrate and a Justice of the: Peace or by two or more Justices of the Peace (not being of enemy birth or origin) sitting at each recognized Court, or at such other place as is appointed by the Divisional Returning Officer, within each subdivision for which the electors who have ballot-papers issued to them in pursuance of sub-section (3) or (4) of section nine of the Act are enrolled.

(2.) The lists to be furnished by a Divisional Returning Officer in accordance with sub-section (8) of section nine of the Act shall be in accordance with Form H in the Schedule, and shall be forwarded to the Clerk of each recognized Court, or the senior police officer at each other place appointed by the Divisional Returning Officer, in each sub-division.

(3.) The Clerk of each recognized Court or the senior police officer, as the case may be, shall make the lists available to the local military and police officials and to such other persons who may desire to inspect them.

(4.) The military and police officials shall furnish to the prescribed tribunal any information in their possession which may assist the prescribed tribunal to determine whether or not an elector is in its opinion disloyal.

(5.) At the expiration of seven days from the date of the receipt of the lists a prescribed tribunal shall determine whether or not any person whose name appears on the lists is, in its opinion, disloyal:

Provided that a tribunal shall not determine that any person is disloyal without giving him an opportunity either of appearing

before it or of forwarding for consideration a statutory declaration as to any facts relevant to the question before the tribunal.

(6.) The tribunal, shall from time to time return the lists to the Divisional Returning Officer for the Division with its decisions written or stamped thereon.

(7.) Where a prescribed tribunal determines that an elector is not in its opinion disloyal the ballot-paper shall be admitted to further scrutiny in the manner prescribed in connexion with absent voters' ballot-papers.

______

THE SCHEDULE.

Regulation 2 (1).

Form A.

Commonwealth of Australia.

THE MILITARY SERVICE REFERENDUM ACT 1916.

State of  Division of

To the*  Officer,

Polling Place.

I, the undersigned, being duly authorized thereto by the Governor-General, hereby appoint

Mr. 

of as Scrutineer to

act at the  at the above-named Polling Place in connexion

with the Referendum under the Military Service ReferendumAct 1916, to be held on Saturday, the 28th day of October, 1916.

Personal signature of person authorized .....................................................

to make appointment

Date..../...../…..

* Here insert “Presiding,” if the Scrutineer is appointed to act at the Polling; “Divisional Returning, ” “ Assistant Returning, ” as the case requires, if the Scrutineer is appointed to act at the Scrutiny.

  Here insert “Polling” or “Scrutiny,” as the case requires.

Note.—(1) Copies of an official leaflet containing notes for the information of Scrutineers may be obtained from the Commonwealth Electoral Officer for the State or from any Divisional Returning Officer. Scrutineers should, to the fullest extent practicable, make themselves conversant with their functions before Polling Day.

(2) Under the Act one Scrutineer may be appointed at each Polling Place and one Scrutineer at each place at which the scrutiny is conducted.

N.B.—Any person signing this form of appointment who is not duly authorized so to do renders himself liable to a penalty of £20.

UNDERTAKING TO BE MADE BY SCRUTINEER.

I,  of

do hereby promise and undertake that I will faithfully perform the duties of Scrutineer at the Polling Place to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any Elector, or, except by recording my vote as allowed by law, the result of the Referendum, and that I will not disclose any knowledge officially acquired by me touching the vote of any Elector, except in reply to a question which I am legally bound to answer.

Signature

Dated the  day of  1916.

Witness to Signature

The Scrutineer must hand this form of appointment duly completed to the, Presiding Officer at the Polling, or to the Divisional Returning Officer or Assistant Returning Officer at the Scrutiny, as the case requires.

Regulation 2 (2).

Form B.

Commonwealth of Australia.

THE MILITARY SERVICE REFERENDUM ACT 1916.

State of  Division of

To the*  Officer,

Polling Place.

I, the undersigned, being duly authorized thereto by Mr.

a person acting for and under the authority of a majority of those members of both Houses

of the Parliament of the Commonwealth who are not in favour of the question submitted

to the electors at the Referendum, hereby appoint Mr. of as SCRUTINEER to

act at the    at the above-named Polling Place in connexion with the Referendum under the Military Service Referendum Act 1916, to be held on Saturday, the 28th day of October, 1916.

Personal signature of person authorized

 ...................................................

to make appointment

Date..../...../…..

* Here insert “Presiding,” if the Scrutineer is appointed to act at the Polling; “Divisional Returning,” “Assistant Returning,” as the case requires, if the Scrutineer is appointed to act at the Scrutiny.

  Here insert “Polling” or “Scrutiny,” as the case requires.

Note.—(1) Copies of an official leaflet containing notes for the information of Scrutineers may be obtained from the Commonwealth Electoral Officer for the State or from any Divisional Returning Officer. Scrutineers should, to the fullest extent practicable, make themselves conversant with their functions before Polling Day.

(2) Under the Act one Scrutineer may be appointed at each Polling Place and one Scrutineer at each place at which the scrutiny is conducted.

N.B.—Any person signing this form of appointment who is not duly authorized so to do renders himself liable to a penalty of £20.

UNDERTAKING TO BE MADE BY SCRUTINEER.

I,  of do hereby promise and undertake that I will faithfully perform the duties of Scrutineer at the Polling Place to the best of my understanding and

ability, and that I will not directly or indirectly attempt to influence the vote of any Elector, or, except by recording my vote as allowed by law, the result of the Referendum,: and that I will not disclose any knowledge officially acquired by me touching the vote of any Elector, except in reply to a question which I am legally bound to answer.

Signature

Dated the  day of  1916.

Witness to Signature

The Scrutineer must hand this form of appointment duly completed to the Presiding Officer at the Polling, or to the Divisional Returning Officer or Assistant Returning Officer at the Scrutiny, as the case requires.

Regulation 3 (1). Form C.

COMMONWEALTH OF AUSTRALIA

STATE OF………………………………………………….

The Military Service Referendum Act 1916.

ABSENT VOTER’S DECLARATION to be made before a COMMONWEALTH ELECTORAL REGISTRAR, after the issue of the Writ for a Referendum, and not later than six o’clock on the afternoon of the day immediately preceding Polling Day, by an Elector who has reason to believe that he will not, on Polling Day, be within any Commonwealth Electoral Division.

I declare—(i) that I am the person enrolled as—

Surname.	Christian Names at full length.	Place Of Living (as appearing on Roll).	Occupation.
.....................................	......................................................................................................	..................................................................................................................	..............................

on the Electoral Roll for the…………………………………………………………………………………………….Subdivision of the Electoral Division of…………………………………………………………, in the state of ………………………………………………………………….;

(ii) that I have not voted in connection with the Referendum to be held on the ………….day of……….191 ;

(iii) that in pursuance of my avocation or of arrangements into which I have already entered, I will not on Polling Day be within any Commonwealth Electoral Division ; and

(iv) that if I am permitted to vote in pursuance of this Declaration I will not again vote at the said Referendum.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully make any false statement in this declaration, I will be prosecuted and am liable to two years’ imprisonment.

Personal Signature of Elector……………………………………………………………

Signed before me, at my office, on the……………………………………………………day of……………………………………………………….191

…………………………………………………………………………………Electoral Registrar

for the……………………………………………..Subdivision, Division of……………………………………………………………………….

DIRECTIONS.

(1). This form of declaration must, after being filled up, be signed by the Elector with his personal signature in the presence of the Electoral Registrar, and then be completed and attested by the Electoral Registrar. —(2). The Electoral Registrar shall then (subject to the provisions of Regulation 22) initial and hand to the Elector one formof ballot-paper headed “Absent Vote, The Military Service Referendum Act 1916” (printed on buff paper), having thereon the question to be submitted to the Electors at the Referendum to which this declaration relates.—(3). The Elector will then forthwith—(i) retire alone to an unoccupied portion of the room and there, in private, mark his vote in the manner directed on the ballot-paper handed to him ; (ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the Electoral Registrar.—(4). The Electoral Registrar will then—(a) see that he receives from the Elector the ballot-paper duly folded, and, without unfolding the ballot-paper, forthwith, in the presence Of the Elector, enclose the ballot-paper received from that Elector, in the envelope bearing the declaration of the Elector and addressed to the Divisional Returning Officer for the Division for which the Elector declares that he is enrolled; and (&) securely fasten the envelope, and post it.

Regulation 3 (2). Form D.

COMMONWEALTH OF AUSTRALIA

STATE OF………………………………………………….

The Military Service Referendum Act 1916.

ABSENT VOTER’S DECLARATION to be made before a PRESIDING OFFICER on Polling Day by an Elector Voting at a Polling Place in the Commonwealth other than a Polling Place prescribed for the Subdivision for which he is enrolled.

I declare that I am the person enrolled as—

Surname.	Christian Names at full length.	Place Of Living (as appearing on Roll).	Occupation.
............................	...............................................................................................	............................................................................................................................	..................................

on the Electoral Roll for the…………………………………………………………………………………………….Subdivision of the Electoral Division of

……………………………………………………………………………………, in the State of………………………………………………., that I have notbeen and shall not be to-day within the Subdivision for which I am enrolled under conditions which wouldpermit of my voting at any polling place prescribed for thatSubdivision, and that I have, not voted at this or any other polling place or before an Electoral Registrar at the Referendum being held this day, and I promise and declare that if I am permitted to vote at this polling place as an Absent Voter I will not again vote at this Referendum.

I am aware that if I falsely personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully make any false statement in this declaration, I will be prosecuted, and am liable to two years’ imprisonment.

Personal Signature of Elector……………………………………………………………

Signed before me the……………………………………………………day of……………………………………………………….191…………………

at ………………………………………………………………………………polling place ……………………………………Presiding Officer.

DIRECTIONS.

(1). This form of declaration must, after being filled up, be signed by the Elector with his personal signature in the presence of the Presiding Officer, and then be completed and attested by the Presiding Officer.—(2). The Presiding Officer shall then (subject to the provisions of Regulation 22) initial and hand to the Elector one form of ballot-paper headed “ Absent Vote, The Military Service Referendum Act 1916 ” (printed on buff paper), having thereon the question submitted to the Electors on the date upon which this declaration is made.—(3). The Elector will then forthwith—(i) retire alone to an unoccupied compartment of the polling booth, and there in private mark his vote in the manner directed on the ballot-paper handed to him ; (ii) fold the ballot-paper in such a manner as to conceal his vote and at once return the ballot-paper so folded to the Presiding Officer before whom he made the declaration.—(4). The Presiding Officer will see that he receives from the Elector the ballot-paper duly folded, and will, if necessary for purposes of identification, request the Elector to again state his name. He will then, without unfolding the ballot-paper, forthwith, in the presence of the Elector, enclose the ballot-paper received from that Elector, in the envelope bearing the declaration of the Elector and addressed to the Divisional Returning Officer for the Division for which the Elector declares that he is enrolled, securely fasten the envelope, and deposit it in the ballot-box.

 

Absent Vote.

Regulation 4 (1).

Form E.

BALLOT-PAPER.

Commonwealth of Australia.

The Military Service Referendum Act 1916.

State of (here insert name of State).

Directions to Voter.

The voter in the presence of the Electoral Registrar, but so that the Electoral Registrar cannot see the vote, should indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes”;

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No.”

and shall fold the ballot-paper so that the vote cannot be seen, and return it to the Electoral Registrar, who will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, and securely fasten the envelope.

Submission of a Question to the Electors.

Question:—Are you in favour of the Government having, in this grave emergency, the same compulsory powers over citizens in regard to requiring their military service, for the term of this war, outside the Commonwealth, as it now has in regard to military service within the Commonwealth ?

YES.

NO.

Note.—It is the duty of the Electoral Registrar before handing this Ballot-paper to an elector, to fill in the name of the State for which the elector claims to be enrolled.

_____

Absent Vote.

Regulation 4 (2.)

Form F.

BALLOT-PAPER.

Commonwealth OF Australia.

The Military Service Referendum Act 1916.

State of (here insert name of State).

Directions to Voter.

The voter should retire alone to an unoccupied compartment of the booth, and there, in private, indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes”;

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No”

and shall fold the ballot-paper so that the vote cannot be seen, and return it to the Presiding Officer before whom he made his declaration. The Presiding Officer will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, securely fasten the envelope, and deposit it in the ballot-box.

Submission of a Question to the Electors.

Question:—Are you in favour of the Government having, in this grave emergency, the same compulsory powers over citizens in regard to requiring their military service, for the term of this war, outside the Commonwealth, as it now has in regard to military service within the Commonwealth ?

YES.

NO.

Regulation 5.

Form G.

The Military Service Referendum Act 1916.—Section 9.

POLLING DAY: 28th OCTOBER, 1916.

To be used only for the purpose of enclosing the Ballot-paper of a Voter whose Name appears on the Certified List of Voters used at the Polling Booth, and whose Ballot-paper is endorsed with the words “Section 9.”

COMMONWEALTH OF AUSTRALIA.

Division....................................... Subdivision...................................................................................................

Polling Place.....................................................................................................

BALLOT-PAPER ENDORSED WITH THE WORDS "SECTION 9."

(See Special Instruction dated 25th September, 1916.)

Particulars of Enrolment of Voter.

No. on Roll. Surname. Christian Names at full length. Place of Living. Occupation

DIRECTIONS.

The Voter, after marking and folding the Ballot-paper issued to him bearing the words “Section 9”, must return it to the Presiding Officer by whom it was issued, who will then, without unfolding the Ballot-paper, forthwith, in the presence of the Voter, place the Ballot-paper in this envelope, securely fasten the envelope, and deposit it in the ballot-box.

The Assistant Returning Officer opening the ballot-box must under no circumstances open any envelope containing Ballot-paper endorsed with the words "Section 9," but must transmit it forthwith (with all other envelopes so endorsed found in the ballot-box), under sealed cover and by registered post, to the Divisional Returning Officer for the Division in which he (the Assistant Returning Officer) holds office.

___

Regulation 7 (2).

Form H.

COMMONWEALTH OF AUSTRALIA.

The Military Service Referendum Act 1916.

State of	Division of	Subdivision of
List of Names, Addresses, and Occupations of the Electors whose votes enclosed in Envelopes, endorsed " Section 9," have been received by the Divisional Returning Officer for the above-named Division.			Determination of Prescribed Tribunal.
Name.	Address.	Occupation.
………………………… ………………………… ………………………… Dated the  day of 1916. To the Divisional; Returning Officer for the Division of
	(To be furnished in duplicate.) Dated the  day of  1916. Divisional Returning Officer for the Division of To the Prescribed Tribunal (Section 9 of the Military Service Referendum Act 1916).

________________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.