Northern Territory Electoral Regulations 1926 (Amendment) (Cth)

STATUTORY RULES.

1940. No. 167.

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REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1936 AND THE COMMONWEALTH ELECTORAL ACT 1918-1940.*

I, THE GOVERNOR-GENERALin and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Northern Territory Representation Act 1922-1936 and the Commonwealth Electoral Act 1918-1940.

Dated the Twenty First day of August 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior.

 

Amendment of the Northern Territory Electoral Regulations. 

Registration of Claim.

1. Regulation 34 of the Northern Territory Electoral Regulations is amended by omitting paragraph (ii) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(ii) notify the claimant in accordance with Form 3 that his enrolment has been effected or adjusted as required; and”.

Alteration of rolls.

2. Regulation 40 of the Northern Territory Electoral Regulations is amended by omitting the proviso to paragraph (h) of sub-regulation (1.).

Issue of Postal Voting papers.

3. Regulation 87 of the Northern Territory Electoral Regulations is amended by adding at the end of sub-regulation (2.) the words “, together with a copy of the ‘Directions to Elector and Authorized Witness’ authorized by the Chief Electoral Officer”.

Application for Postal Vote Certificate and ballot-paper.

4. Regulation 88 of the Northern Territory Electoral Regulations is amended—

(a)by inserting in sub-regulation (1.), after the word “after”, the words “the tenth day prior to”; and

(b)by adding at the end of sub-regulation (3.) the words “, together with a copy of the ‘Directions to Elector and Authorized Witness’ authorized by the Chief Electoral Officer”.

 

* Notified in the Commonwealth Gazette on , 1940.

  Statutory Rules 1926, No. 200, as amended by Statutory Rules 1928, Nos. 108 and 119; 1929, No. 109; 1932, No. 21; 1934, No. 95; and 1937, No. 94.

4992.—8/14.8.1940—Price 5d.

 

Postal ballot-paper.

5. Regulation 93 of the Northern Territory Electoral Regulations is amended—

(a) by inserting in sub-regulation (3.), after the word “in” (first occurring), the words “the numbers required to complete the ‘Directions’ thereon and”; and

(b)by inserting in that sub-regulation, after the word “the” (last occurring), the words “numbers and”.

Authorized Witnesses.

6. Regulation 96 of the Northern Territory Electoral Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “Territory;” (tenth occurring), the words “all Secretaries of Hospitals in the Territory; “; and

(b)by inserting in that sub-regulation, after the word “Territory;” (second last occurring), the words “all station owners resident in the Territory;”.

7.After regulation 96 of the Northern Territory Electoral Regulations, the following regulation is inserted in Division 2:—

Directions for postal voting.

“96a. In the recording of votes under this Division, the following directions are to be substantially observed:—

(a) The elector shall exhibit his unmarked postal ballot-paper and his postal vote certificate to the authorized witness;

(b)The form of declaration (printed on the envelope bearing the postal vote certificate) shall after being filled up, be signed in the place provided, by the elector with his personal signature in the presence of the authorized witness;

(c) The authorized witness shall, then and there, sign his name in his own handwriting on the form of declaration in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness and the date;

(d)The elector shall, then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on the ballot-paper in accordance with the directions printed thereon, and shall fold the ballot-paper so that the vote cannot be seen, and hand it so folded to the authorized witness;

(e) The authorized witness shall, then and there, place the ballot-paper in the envelope addressed to the Returning Officer or the Assistant Returning Officer, fasten the envelope, and hand it to the voter who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer or the Assistant Returning Officer, as the case requires;

(f)If the elector satisfies the authorized witness that his sight is so impaired or that he is so physically incapacitated that heis unable to vote without assistance, he may appoint a person to assist him to vote, and in that case the authorized witness shall—

(i) fill in the form of declaration with the required particulars relating to the enrolment of the elector, as requested by such elector;

 

(ii) read over to the elector the form of declaration;

(iii) require the elector to sign the form of declaration—

(a) in his own handwriting if he is able to do so; or

(b)with his mark as his personal signature if he is unable to sign his name in his own handwriting;

(iv) cause the signature of the elector, if made by means of a mark, to be witnessed by another elector;

(v) complete and attest the declaration;

(vi) permit the person appointed by the elector to mark and fold the ballot-paper for the elector; and

(vii) enclose the ballot-paper in the envelope addressed to the Returning Officer or the Assistant Returning Officer, fasten the envelope and hand it to the elector, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer or the Assistant Returning Officer, as the case requires;

(g)If any elector to whom the last preceding paragraph applies fails to appoint a person to assist him to vote, or, if any elector satisfies the authorized witness that he is so illiterate that he is unable to vote without assistance the authorized witness shall take the action indicated in sub-paragraphs (i) to (v) (inclusive) of that paragraph, and shall then, in the presence of another elector;

(a) mark and fold the ballot-paper for the elector; and

(b)deal with it in the manner directed in sub-paragraph (vii) of that paragraph;

(h) The authorized witness shall not unless—

(a) the elector’s sight is so impaired or he is so physically incapacitated that he is unable to vote without assistance and no person is appointed by the elector to mark his vote for him; or

(b) the elector is so illiterate that he is unable to vote without assistance,

look at, or make himself acquainted with, the vote given by the elector, and, except as provided in paragraphs (f) and (g)of this sub-regulation, shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote, or to assist the elector to vote, or to interfere in any way with the elector in relation to his vote.”.

 

Informal ballot-papers.

8. Regulation 110 of the Northern Territory Electoral Regulations is amended by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(b)it has no vote indicated on it or it does not indicate the voter’s first preference for one candidate and his contingent votes for all the remaining candidates:

Provided that, where the voter has indicated his first preference for one candidate and his contingent votes for all the remaining candidates except one and the square opposite the name of that candidate has been left blank, it shall be deemed that the voter’s preference for that candidate is his last and that accordingly he has indicated the order of his preference for all the candidates:

Provided further that, where there are two candidates only and the voter has indicated his vote by placing the figure 1 in the square opposite the name of one candidate and has left the other square blank, the voter shall be deemed to have indicated the order of his preference for all the candidates;”

Preliminary Scrutiny.

9. Regulation 115 of the Northern Territory Electoral Regulations is amended—

(a) by omitting from paragraph (i) the word “and” (last occurring); and

(b) by omitting paragraph (j).

Scrutiny of Votes recorded under Regulations 78, 79 and 81.

10. Regulation 117 of the Northern Territory Electoral Regulations is amended by omitting the figures “72(3)”.

The Schedule.

11. The First Schedule to the Northern Territory Electoral Regulations is amended—

(a)by omitting from Form 17 all words from and including the word “Directions” to and including the word “them” and inserting in their stead the words—

“Directions.—Mark your vote on this ballot-paper by placing the numbers [here insert ‘1 and 2’ where there are two candidates, ‘1, 2 and 3’ where there are three candidates, ‘ 1, 2, 3 and 4’ where there are four candidates, and so on, as the case requires]in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them.”;

(b)by inserting in Form 20, after the word “after”, the words “the tenth day prior to”;

(c) by omitting Forms 21 and 22 and inserting in their stead the following Forms:—

“Form 21.

Regulation 92.

Commonwealth of Australia.

The Northern Territory.

The Commonwealth Electoral Act.

The Northern Territory Representation Act.

POSTAL VOTE CERTIFICATE.

I hereby certify that  of  is entitled (subject to the provisions of the Northern Territory Electoral Regulations) to vote by post in respect of an election of a Member to represent

 

the Northern Territory in the House of Representatives of the Parliament of the Commonwealth, the writ for which was issued on the  19 .

Returning Officer for the Northern Territory (or Assistant Returning Officer for the Alice Springs Sub-division of the Northern Territory).

Date  19 .

Declaration to be made by an Elector of the Northern Territory Voting by Post.

I declare that I am the person enrolled as—

Surname. Christian Names (in full). Place of Living (as appearing on roll). Occupation.

on the Electoral Roll for the  Sub-division of the Northern Territory.

That my real place of living is in the Northern Territory; that I have not already voted in connexion with the election to which the above Certificate relates; and I promise and declare that if I am permitted to vote I will not again vote in connexion with the said election.

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 for the purpose of voting at the election, or wilfully make any false statement in this declaration, I will be prosecuted and liable to imprisonment for two years.

Personal signature of elector

Signed before me at  the  day of  19 .

Signature of authorized witness*

Title under which witness acts as authorized witness (in full)

Address of witness

*No person, other than a person indicated in the list of authorized witnesses printed on the ‘Directions to Elector and Authorized Witness’ issued by the Chief Electoral Officer, is authorized to act as an authorized witness for the purposes of postal voting by an elector of the Northern Territory.

Notes.—(1) This envelope, containing the postal ballot-paper marked by the voter, should be forthwith posted or delivered to the Returning Officer or Assistant Returning Officer to whom it is addressed.

(2) Any person to whom this envelope containing the ballot-paper is entrusted by the voter for the purpose of posting or delivery to the Returning Officer or Assistant Returning Officer, who fails to forthwith post or deliver the envelope, shall be guilty of an offence. Penalty: Fifty pounds or imprisonment for one month.

(3) No person other than the Returning Officer or Assistant Returning Officer to whom this envelope is addressed, or an officer acting under his directions, shall open the envelope after the elector’s vote has been placed therein and the envelope has been fastened by an authorized witness.

 

“Form 22.

Regulation 93 (1).

The elector must not mark his vote hereon until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

POSTAL BALLOT-PAPER.

Commonwealth of Australia.

The Northern Territory.

The Commonwealth Electoral Act.

The Northern Territory Representation Act.

election of one member of the house of representatives for the northern territory.

Directions.—Mark your vote on this ballot-paper by placing the numbers [here insert ‘1 and 2’ where there are two candidates, ‘1, 2 and 3’ where there are three candidates, ‘ 1, 2, 3 and 4’ where there are four candidates, and so on as the case requires]in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them; fold the ballot-paper so that the vote cannot be seen and hand it so folded to the Authorized Witness.

Candidates.

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Note.—Unless the elector’s vote is marked on the ballot-paper on or before polling day, namely the [here insert date of polling day]and is received by the Returning Officer or Assistant Returning Officer, as the case requires, within two months after that day, it will not be admitted to the scrutiny.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.