Northern Territory Electoral Regulations 1926 (Amendment) (Cth)

STATUTORY RULES.

1928. No. 108.

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922–1925 AND THE COMMONWEALTH ELECTORAL ACT 1918–1928.

I, THE GOVERNOR-GENERAL in 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 1922–1925 and the Commonwealth Electoral Act 1918-1928, to come into operation forthwith.

Dated the eighth day of October, 1928.

Governor-General.

By His Excellency’s Command,

for Minister of State for Home and Territories.

 

Amendment of the Northern Territory Electoral Regulations.

(Statutory Rules 1926, No. 200.)

1. Regulation 3 of the Northern Territory Electoral Regulations is amended by omitting the words and figures “regulations 72, 78, 78a and 90” and inserting in their stead the words and figures “regulations 78, 79 and 91.”

2. Regulation 18 of the Northern Territory Electoral Regulations is amended by omitting the words “in the service of the Territory” and inserting in their stead the words “in the Public Service of the Territory of North Australia or of Central Australia”.

3. Regulation 26 of the Northern Territory Electoral Regulations is amended by omitting the words “authorized witness for the purpose of voting by post under these Regulations” and inserting in their stead the words “an elector, or a person qualified to be an elector, of the Territory”.

4. Regulation 31 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (3.) the words “in the Territory” and inserting in their stead the words “in North Australia or in Central Australia, as the case may be”.

5. Regulation 33 of the Northern Territory Electoral Regulations is amended by omitting the words “in the Northern Territory” and inserting in their stead the words “in North Australia or in Central Australia, as the case may be”.

2430.—Price,

 

6. Regulation 42 of the Northern Territory Electoral Regulations is amended—

(a) by omitting the words “for the Territory” and inserting in their stead the words “for North Australia or Central Australia, as the case may be,”;

(b) by omitting from paragraph (a) the words “in the Territory” and inserting in their stead the words “in North Australia or Central Australia, as the case requires”; and

(c) by omitting from paragraph (b) the words “in the Territory” and inserting in their stead the words “in North Australia or Central Australia, as the case requires”.

7. Regulation 68 of the Northern Territory Electoral Regulations is amended by adding at the end thereof the following proviso:—

“Provided that, where the scrutiny is proceeded with immediately after the close of the poll at the polling booth at which the votes are taken, it shall not be necessary for the Presiding Officer to close, fasten and seal the ballot box publicly.”.

8. Regulation 72 of the Northern Territory Electoral Regulations is amended—

(a) by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraphs:—

“(b) may, and, at the request of any scrutineer shall, also put all or any of the following questions:—

(iii) Are you of the full age of twenty-one years?

(iv) Are you a natural-born or naturalized subject of the King?

(v) Are you qualified to vote? and

(c) may, and at the request of any scrutineer shall, also put to any person claiming to vote, whose name appears on the certified list of voters the following question:—

(vi) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified list of voters for this polling place?” and

(b) by omitting sub-regulations (2) to (5) inclusive and inserting in their stead the following sub-regulation:—

“(2.) If any person claiming to vote to whom any of the foregoing questions are put—

(a) refuses to answer fully any question so put to him;

(b) does not answer the question numbered (i) absolutely in the negative, when put to him;

(c) does not answer the questions numbered (ii) (iii) (iv) (v) and (vi) absolutely in the affirmative when put to him, his claim to vote shall be rejected,”.

 

9. Regulation 77 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

“77.—(1.) If any voter satisfies the Presiding Officer 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 a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot-paper for him.

(2.) If any such voter fails to appoint a person in pursuance of the last preceding sub-section, or if any voter 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 are present, or, if there be no scrutineers present, then in the presence of—

(a) the poll clerk; or

(b) if the voter so desires, in the presence of a person appointed by such voter, instead of the poll clerk,

shall mark, fold, and deposit his ballot-paper for him.”.

10. Regulation 78 of the Northern Territory Electoral Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “mistake of fact,” the words “or when any person who is enrolled on the Roll for a Subdivision claims to vote at an election at a polling place prescribed for that Subdivision, and his name cannot be found by the Presiding Officer on the certified list of voters”;

(b) by inserting in sub-regulation (1.), after paragraph (b) the following paragraph:—

“or; (c) in the case of a person whose name is on the Roll for a Subdivision for which he claims to vote but cannot be found by the Presiding Officer, he claims that his name appears or should appear on the Roll,”;

(c) by omitting from sub-regulation (4.) the words “paragraph (a) or (b)” and inserting in their stead the words “paragraph (a), (b)or (c)”; and

(d) by omitting from sub-regulation (4.) the words “the necessary correction” and inserting in their stead the words “such correction (if any) as is necessary”.

11. Regulation 91 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (3.) the words “neither applied for nor received” and inserting in their stead the words “has not received”.

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

(a) by omitting from sub-regulation (1.) the words “all magistrates and justices of the peace of the Territory; all head teachers in the employment of the Territory;” and inserting in their stead the words “all magistrates and justices of the peace of the Territory of North Australia or of Central Australia; all adult teachers in the employment of the Territory of North Australia or of Central Australia;”; and

 

(b) by omitting from sub-regulation (1.) the words “all members of the police force of the Territory” and inserting in their stead the words “all members of the Police Force of the Territory of North Australia or of Central Australia; all officers in charge of lighthouses and all assistant lighthouse keepers;”.

13. Regulation 99 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1.) the words “both copies of”.

14. Regulation 100 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1) the words “not exceeding” and inserting in their stead the words “not less than ten shillings nor more than”.

15. Regulation 114 of the Northern Territory Electoral Regulations is amended by inserting in sub-regulation (1.), after the word “Territory”, the words “of North Australia or of Central Australia”.

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

(a) by omitting from paragraph (g) the words “, and initial each number”; and

(b) by omitting from paragraph (h) the words “initial the number,”.

17. The heading to Division 4 of Part X. of the Northern Territory Electoral Regulations is amended by omitting the words and figures “Regulations 72, 78, 78a and 90” and inserting in their stead the following words and figures “Regulations 78, 79 and 91”.

18. Regulation 122 of the Northern Territory Electoral Regulations is amended—

(a) by inserting in sub-regulation (2.), after the words “the Territory”, the words “of North Australia or of Central Australia”; and

(b) by inserting in sub-regulation (6), after the words “the Territory” (second occurring) the words “of North Australia or of Central Australia”.

19. Regulation 131 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1.) the words “sub-section (2.) of section 39,”.

20. After regulation 131 of the Northern Territory Electoral Regulations the following regulation is inserted:—

“132. Notwithstanding anything contained in these Regulations the Chief Electoral Officer may permit the continuance of the use of Forms 2, 3, 8 and 9, as prescribed by Statutory Rules 1926, No. 200, for such time as he considers desirable.”.

 

21. Form 2 in the First Schedule to the Northern Territory Electoral Regulations is repealed and the following form inserted in its stead:—

“Form 2.

[Front of Form.]

Regulation 23.

Particulars for Enrolment

Surname.....................................................

Christian Names..................................................................................................................................

(In full)

Place of Living..................................................................................................................................

(Give full Address)

Occupation .............................................................. Sex...................................................................................

 

The following particulars relating to claimant will not appear on the Roll, but must be stated on this card.

Date and Year Place of  Former

of Birth................................. Birth........................... Surname*......................................

(*See Instruction (d) on on other side.)

To the Electoral Registrar for the……………………………………..Subdivision of the Northern Territory.

1.—I am an inhabitant of Australia and have lived therein for six months continuously.

2.—I am a natural-born or naturalized subject of the King, am not under the age of 21 years, and am qualified to be enrolled as an elector.

3.—I claim to have my name and particulars for enrolment placed on the Electoral Roll for the abovenamed Subdivision, in which I now live and have lived for a period of not less than one month immediately preceding the date of this Claim.

4.—My name is at present enrolled for the................................ Subdivision in respect of the following address in that Subdivision, namely:—

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

I declare that the whole of the statements made in this Claim are true to the best of my knowledge and belief.

Personal Signature

of Claimant ................................... Date....................... /................ /19

I, the undersigned, am an elector or a person qualified to be an elector of the Northern Territory, and I certify that I have seen the abovenamed claimant sign the above claim, and that I either know the statements contained in the claim to be true or have satisfied myself by inquiry of the claimant or otherwise that the said statements are true. (Penalty on witness for failure to fully comply with this requirement—£50.)

Personal Signature of Witness (in own handwriting).....................................................

Occupation........................................................ Place of Living...................................

Before filling in or witnessing this claim, carefully read instructions on other side.

 

“[Back of Form.]

This form may be used only by a qualified person not under the age of 21 years, (a) when claiming enrolment or transfer of enrolment, or (b) when notifying a change of address within the same subdivision or applying for the correction of any particulars of an existing enrolment.

INSTRUCTIONS TO BE OBSERVED WHEN FILLING IN PARTICULARS ON THE OTHER SIDE OF THIS CLAIM.

 

(a) Place of Living.—Full address, including name and street number, if any) of habitation must be inserted.

(b) Paragraph 4 should be struck out if claimant is not already enrolled.

(c) Personal Signature of Claimant.—The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.

(d) Former Surname is to be filled in only in the case of a married woman who has changed her name by marriage since her last enrolment.

 

Note.—The claimant should see that he receives an acknowledgment of this claim in due course.

 

INSTRUCTIONS TO PERSON WITNESSING ELECTORAL CLAIM.

 

(i) The person witnessing an electoral claim must be an elector, or a person qualified to be an elector, of the Territory.

(ii) A person shall not sign his name as witness—

(a) on any blank electoral claim; or

(b) on any electoral claim which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

(c) on any electoral claim unless he has seen the person, whose signature he purports to witness, sign it. Penalty—Fifty pounds.

(iii) A person shall not write on any electoral claim as his own name (a) the name of another person; or (b) any name not being his own name. Penalty—Fifty pounds.

N.B.—An elector may only have his name placed upon the Roll for the Subdivision in which he lives. Electoral Forms for public use may be obtained from any Post Office in the Territory.”

 

22. Form 3 in the First Schedule to the Northern Territory Electoral Regulations is repealed and the following form inserted in its stead:—

“Form 3.

[Front of Form.]

Regulation 34.

Commonwealth of Australia.

The Northern Territory.

The Commonwealth Electoral Act.

The Northern Territory Representation Act.

ACKNOWLEDGMENT OF RECEIPT OF ELECTORAL CLAIM.

To the Elector whose name appears on back hereof.

Your electoral claim/communication dated has been received and, pursuant thereto, your enrolment for the Subdivision of the Northern Territory has been effected or adjusted as required.

 

Points for Elector to Remember—

1. You should bear in mind the name of the Subdivision for which you are enrolled and retain this acknowledgment as evidence of your enrolment.

2. Voting at Commonwealth Elections is compulsory.

3. Correct enrolment is compulsory, therefore—

(a) If you change your place of living from the address in the Subdivision for which you are enrolled to another address in the same Subdivision you should, within 21 days after making such change, notify the Electoral Registrar for the Subdivision of your new address, in the prescribed form.*

(b) If you change your place of living to any other Subdivision you should, after you have lived in that Subdivision for a period of one month, send or deliver to the Electoral Registrar for the Subdivision a claim for transfer of enrolment, in the prescribed form,* within 21 days after the expiration of that period.

Failure to comply with the provisions of paragraphs (a) and (b) above will render you liable to a penalty not exceeding £2 (Two pounds).

*Obtainable at any post office.

Electoral Registrar for the above-named Subdivision

Date—Address—

Note to Elector.—An elector who is only temporarily absent from his place of living, although the period of such absence may exceed one month, is not thereby deemed to have changed his place of living for the purposes of transfer of enrolment, or change of address on the Roll.

Directions to Registrar.—The Registrar will strike out the words “Electoral claim” or the word “communication” as the case requires.

[Back of Form.]

O.H.M.S.

 

Commonwealth Electoral Paper only.

Post Free.

 

To

M.............................................................

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

....................................................................... ”.

 

23. Form 8 in the First Schedule to the Northern Territory Electoral Regulations is amended—

(a) by omitting the words “any person who is an authorized witness for the purpose of voting by post under the Northern Territory Electoral Regulations” and inserting in their stead the words “a witness who must be an elector or a person qualified to be an elector of the Territory”; and

(b) by inserting, after the words “relevant to the matter”, the following words:—

“If your answer be accepted as a satisfactory reply to the allegation, no further action will be taken and no further notice will be sent to you.”

24. After Form 8 in the First Schedule to the Northern Territory Electoral Regulations the following form is inserted:—

“Form 8A.

Regulation 26.

Commonwealth of Australia.

The Northern Territory.

The Commonwealth Electoral Act.

The Northern Territory Representation Act.

DECLARATION OF PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF REGULATION 25 OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.

(a) Here insert matter declared to. Where the matter is long it should be set out in numbered paragraphs.

I, of do hereby

declare (*)

(Personal signature)

(Date)

I, the undersigned, being an elector, or a person qualified to be an elector, of the Northern Territory, certify that I have seen the above-named person sign the above declaration.

(Signature of witness)

(Occupation)

(Address)

Note.—Any person who makes an untrue statement in an electoral paper is guilty of an offence, and is liable to a penalty not exceeding Twenty pounds.”.

25. Form 9 in the First Schedule to the Northern Territory Electoral Regulations is amended by omitting all words from and including the words “a person who is an authorized witness” to the end of the form and inserting in their stead the words “an elector or a person qualified to be an elector of the Northern Territory”.

 

26. Form 18 in the First Schedule to the Northern Territory Electoral Regulations is repealed and the following form inserted in its stead:—

“Form 18.

Regulations 79 and 91 (3).

Commonwealth of Australia.

The Northern Territory.

The Commonwealth Electoral Act.

The Northern Territory Representation Act.

FORM OF DECLARATION TO BE USED AT THE POLLING BY A PERSON CLAIMING TO VOTE UNDER THE PROVISIONS OF REGULATIONS 79 OR 91 (3) OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS.

Polling Place at which Elector claims to Vote............................ Subdivision of.........................

I, (a)..................................................................... of (b)...................................................... (c)  declare that:—

(a) Name in full (as appearing on Roll).

(b) Address in full (as appearing on on Roll).

(c) Occupation (as appearing on Roll).

(1) My name appears on the certified list of voters used at the above-named polling place opposite the number  on the said list.

One of these paragraph —as the case requires— should be struck out.   (2) I claim to vote under the provisions of Regulation 79 of the Northern Territory Electoral Regulations. I have not voted in connexion with the election for the Northern Territory being held this day, notwithstanding that a mark has been placed opposite my name on the said list to indicate that a ballot-paper has been issued to me at the polling; or, (2) I claim to vote under the provisions of Regulation 91 (3) of the Northern Territory Electoral Regulations. I have not received a postal vote certificate or a postal ballot-paper in connexion with the election for the Northern Territory being held this day, notwithstanding that my name has been noted on the said list as that of an elector to whom a postal vote certificate and postal ballot-paper have been issued.

Personal Signature of Voter............................................

Signed before me the................................ day of................................................. 192

at............................................ polling place.

....................... Presiding Officer.

Note.—A person making any untrue statement in this Declaration is liable to a Penalty of Twenty Pounds.

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter 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 72) initial and hand to the voter one ballot-paper headed ‘Regulation 79 or ‘Regulation 91 (3)’, as the case requires, for the election held on the date upon which this declaration is made.

(3) The voter will then forthwith (i) retire alone to an unoccupied compartment of the polling booth and there, in private, mark his vote on the ballot-paper handed to him, in the manner directed thereon; (ii) fold the ballot-paper in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper so folded to the Presiding Officer before whom he made his declaration.

(4) The Presiding Officer will see that he receives from the voter the ballot-paper duly folded, and, if necessary for purposes of identification, will request the voter to again state his name, and then, without unfolding the ballot-paper, will forthwith, in the presence of the voter and of such scrutineer or scrutineers (if any) as are present, enclose the ballot-paper received from that voter in the envelope bearing the declaration of the voter and addressed to the Returning Officer, securely fasten the envelope, and deposit it in the ballot-box.”.

 

27. Form 20 in the Schedule to the Northern Territory Electoral Regulations is amended—

(a) by omitting the word “authorized” (first and third occurring)

(b) by omitting the words “(Title under which witness acts as authorized witness)” and inserting in their stead the words “(a person whose name appears on a Roll as an elector of the Territory, or as an elector of the Commonwealth);” and

(c) by omitting all words from and including the words “the following persons are authorized witnesses” to end of form.

28. Form 22 of the Schedule to the Northern Territory Electoral Regulations is amended by omitting from back of form all words from and including “Directions to elector and authorized witness” to end of form and inserting in their stead the following words:—

“DIRECTIONS TO ELECTOR AND AUTHORIZED WITNESS.*”

(*Note.—A list of persons who are authorized witnesses is printed on the envelope bearing the form of declaration to be used by the Elector.)

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

(b) The prescribed form of declaration (printed on the envelope below the postal vote certificate) must, after being filled up, be signed by the elector, in the place provided for his signature, 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 this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite their names, so as to indicate the order of his preference for them, 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 he is unable to vote without assistance, and he appoints a person to assist him to vote, 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 a witness;

(v) complete and attest the declaration;

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

(vii) enclose the ballot-paper in the envelope addressed to the Returning Officer or the Assistant Returning Officer; and

(viii) securely 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.

(g) If any elector to whom paragraph (f) of these Directions 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 a witness—

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

(b) deal with it in the manner directed in sub-paragraphs (vii) and (viii) of paragraph (f) of these Directions.

FURTHER DIRECTIONS TO AUTHORIZED WITNESS.

The authorized witness shall not, unless he is satisfied—

(a) that the elector’s sight is so impaired, or that he is so physically incapacitated that he cannot vote without assistance, and no person is appointed by the elector to mark his vote for him; or

(b) that the elector is so illiterate that he cannot vote without assistance, look at, or make himself acquainted with, the vote given by the elector, and except as provided in paragraph (f) or paragraph (g)of the preceding Directions, 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.

Every authorized witness shall—

(a) comply with the preceding Directions in so far as they are to be complied with on his part;

(b) see that the preceding Directions are complied with by every elector voting by post before him, and by every person present when the elector votes; and

(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him.

Penalty: One hundred pounds, or imprisonment for three months.

Duty of Persons Present when an Elector Votes by Post.

Any person present when an elector is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness;

(b) refrain from making any communication whatever to the elector in relation to his vote;

(c) refrain from assisting the elector or in any manner interfering with him in relation to his vote;

(d) except as provided in paragraph (f) of the Directions to Elector and Authorized Witness, refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Penalty: One hundred pounds, or imprisonment for three months.

Penalty for Unlawfully Marking Ballot-paper.

No person other than—

(a) the elector to whom this ballot-paper has been issued; or

(b) an authorized witness, acting in pursuance of paragraph (f) of the Directions to Elector and Authorized Witness,

shall mark the vote on this ballot-paper.

Penalty: One hundred pounds, or imprisonment for six months.

[See other side.]”

29. Form 25 in the Schedule to the Northern Territory Electoral Regulations is amended by omitting from back of form all words “not exceeding Two pounds” and inserting in their stead the words “not less than Ten shillings nor more than Two pounds”.

30. The Second Schedule to the Northern Territory Electoral Regulations is amended—

(a) by omitting the words “in the Northern Territory (second occurring) and inserting in their stead the words “in the Territory of North Australia or of Central Australia”; and

(b) by omitting the words “or of the Northern Territory” and inserting in their stead the words “or of the Territory of North Australia or of Central Australia”.

 

By Authority: H. J. Green, Government Printer, Canberra.