Naturalised Subjects Franchise Act 1916 (NSW)

NATURALISED SUBJECTS

FRANCHISE ACT.

Act No. 14, 1916.

An Act to r egu la t e t h e exercise of cer ta in franchises

by cer ta in na tura l i sed Br i t i sh subjects and

o the r persons , and for t h a t purpose to a m e n d

cer ta in Acts r e l a t ing to P a r l i a m e n t a r y elec­

t ions and elect ions for local g o v e r n m e n t areas and t h e City of Sydney , and to jus t i ces of t h e peace, coroners , l icensing magis t ra tes , a n d

j u r o r s ; and for purposes consequen t t h e r e o n

or inc iden ta l t h e r e t o . [Assented to , 17 th

Apr i l , 1916.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the "Naturalised Subjects Franchise Act, 1910," and shall take effect during the continuance of the present war between His Majesty and any of His Majesty's enemies, and for a period of six months after the conclusion of the war.

(2) In this Act, unless the context otherwise

requires :—-

"Naturalised British subject of enemy or ig in" means a naturalised male or female British subject who at the time of his or her naturali­ sation was a subject of a country with which the British Empire is at war.

2 . A naturalised British subject of enemy origin shall be incapable of sitting or voting in the Legislative Council or being elected to or sitting or voting in—

(a) the Legislative Assembly ;

(b) the Municipal Council of Sydney; (c)

(c) the council of any municipality or shire consti­ tuted under the provisions of the Acts relating to Local Government;

or of officiating as a justice of the peace, a coroner, a member of a licensing bench, or as a juror, or of obtain­ ing a license under the Liquor Act, or of being granted a renewal of an existing license under that Act.

3 . A naturalised British subject of enemy origin shall not be qualified to have his name entered or retained on any electoral roll compiled under the Parliamentary Electorates and Elections Act, 1912, or under any Act relating to local government, or under the Sydney Corporation Act, 1902, or tor the purposes of any referendum.
4 . (1) A naturalised British subject of enemy origin shall not vote at an election under the Parliamentary Electorates and Elections Act. 1912, or under any Act relating to local government, or under the Sydney Corporation Act, 1902, or at any referendum.
(2) If any such person votes at any such election or referendum he shall be liable to a penalty not exceed­ ing one hundred pounds.
5 . (1) At any poll taken under the Parliamentary Electorates and Elections Act, 1912, or any Act relating to local government, or under the Sydney Corporation Act, 1902, or under any referendum, the presiding officer shall put to any person claiming to vote bearing a name suggesting that he is an alien of enemy origin all or any of the following questions : —

(a) Are you a subject of any of the countries

(naming them) with which Great Britain is at
war ?

(b) Are you a naturalised British subject ?

(c) What was your nationality immediately before the grant of your Certificate of naturalisation; or (in the case of a wife or child of a naturalised British subject of enemy origin)—what was your nationality at the time of naturalisation ?

( 2 ) The presiding officer may require the pro-

duction of any certificate of naturalisation as a condition to admitting the said person to vote, or may dispense with such production.

(3)

(3) If any person refuses to answer fully any question put to him as aforesaid, or by his answer shows that be is not entitled to have his name on the roll or to vote, his claim to vote shall be rejected.

6 . If any person to whom a question is put in pursu­ ance of this Act wilfully makes a false answer to the same or to any part thereof, he shall be guilty of a misdemean­ our, and be liable to imprisonment for any term not exceeding six months, or to a penalty not exceeding one hundred pounds, or to both imprisonment and penalty.

7 . Any person convicted under the Commonwealth War Precautions Act, 1914, or under any regulations thereunder, under circumstances which in the opinion of the revising magistrate indicate disloyalty shall have his name removed from the electoral rolls, and shall not be qualified to vote at any election under the Parlia­ mentary Electorates and Elections Act, 1912, or under any Act relating to local government, or under the Sydney Corporation Act, 1902.

3 . The Governor may make regulations to carry out the provisions of this Act, and in such regulations may impose for any breach thereof a penalty not exceeding twenty pounds.

9 . Penalties under this Act, or the regulations there­ under, may be recovered before a stipendiary or police magistrate or any two justices in petty sessions.

DENTISTS