Northern Territory Electoral Regulations (Amendment) (Cth)

STATUTORY RULES.

1961. No. 132.

REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1959, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1959 AND THE COMMONWEALTH ELECTORAL ACT 1918-1961.*

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 1922-1959, the Northern Territory (Administration) Act 1910-1959 and the Commonwealth Electoral Act 1918-1961.

Dated this 26th day of October, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for the Interior and for and on behalf of the Minister of State for Territories.

AMENDMENTS OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS. 

1. Regulation 3 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

Parts.

“3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-4).

Part II.—Administration (Regulations 5-11).

Part III.—Districts and Polling Places (Regulations 12-13).

Part IV.—Electoral Rolls (Regulations 14-18).

Part V.—Qualifications and Disqualifications for Enrolment and for Voting (Regulations 19-22).

Part VI.—Enrolment.

Division 1.—General (Regulations 23-25).

Division 2.—Enforcement of Law in relation to Enrolment (Regulations 26-33).

Division 3.—Registration of Claims (Regulations 34-44).

Part VII.—Objections and Appeals (Regulations 45-52).

Part VIII.—Writ for Election, and Nominations (Regulations 53-55).

Part IX.—The Polling.

Division 1.—Voting at a Polling Place (Regulations 56-84).

Division 2.—Voting by Post (Regulations 85-97).

Division 3.—Compulsory Voting (Regulations 98-106).

* Notified in the Commonwealth Gazette on 27th October, 1961.

  Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; 1956, No. 74; 1957, Nos. 3 and 66; and 1960, No. 1.

7740/61.—PRICE 8D. 18/20.10.1961.

Part  X.—The Scrutiny.

Division 1.—General Provisions (Regulations 107-112).

Division 2.—Provisions relating to the Scrutiny of Ballot-papers in Form 19 or 20 (Regulation 113).

Division 3.—Provisions relating to the Scrutiny of Postal Votes (Regulations 114-117).

Division 4.—Scrutiny of Votes Recorded under Regulations 78, 79 and 91 (Regulation 118).

Division 5.—Mode of Determining the Result of the Scrutiny (Regulations 119-122).

Division 6.—Recount of Ballot-papers (Regulations 123-125).

Part  XI.—Return of the Writ (Regulation 126).

Part  XII.—Miscellaneous (Regulations 127-133).”.

Interpretation.

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

(a) by inserting in sub-regulation (1.), after the definition of “Election”, the following definitions:—

“ ‘Elector’ means a person whose name appears on the Roll of Electors for the Territory;

‘Officer’ includes a person who is an officer for the purposes of the Commonwealth Electoral Act and an officer, registrar or clerk appointed under these Regulations;

‘Registrar’ means an Electoral Registrar appointed under these Regulations;”;

(b)by omitting from the definition of “Returning Officer” in sub-regulation (1.) the words “and includes an Assistant Returning Officer”;

(c)by inserting in sub-regulation (1.), after the definition of “Returning Officer”, the following definition:—

“ ‘Roll’ means the Roll of Electors for the Territory or a Roll for a District;”; and

(d)by omitting from sub-regulation (1.) the definition of “The Territory” and inserting in its stead the following definition:—

“ ‘The Territory’ or ‘The Northern Territory’ means the Northern Territory of Australia.”.

Assistant Returning Officers.

3. Regulation 6 of the Northern Territory Electoral Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2A.) A reference in these Regulations, or in the Commonwealth Electoral Act in its application in the Territory or in its application in relation to the Legislative Council for the Territory, to the performance of a function or the exercise of a power by the Returning Officer shall be read as including a reference to the performance of the function or the exercise of the power by an Assistant Returning Officer by virtue of the last preceding sub-regulation.”.

4. Regulation 22 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

Other disqualified persons.

“22.—(1.) A person who is—

(a) the holder of a temporary entry permit for the purposes of the Migration Act 1958; or

(b) a prohibited immigrant under that Act,

is not entitled to enrolment.

“(2.) An aboriginal native of Australia who is a ward as defined by the Welfare Ordinance 1953-1960 of the Territory is not entitled to enrolment unless he is or has been a member of the Defence Force.”.

Compulsory enrolment transfer and change.

5. Regulation 25 of the Northern Territory Electoral Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “Penalty: For a first offence, Ten shillings; and for any subsequent offence, Two pounds.”;

(b) by omitting from sub-regulation (3.) the words “Penalty: For a first offence, Ten shillings; and for every subsequent offence, Two pounds.”; and

(c) by adding at the end thereof the following sub-regulation:—

“(4.) A person who is guilty of an offence against this regulation is punishable upon conviction—

(a) in the case of a first offence—by a fine of Ten shillings; or

(b) in any other case—by a fine of not less than Ten shillings and not more than Two pounds.”.

Application of Parts VIII. and IX. of the Electoral Act.

6. Regulation 45 of the Northern Territory Electoral Regulations is repealed.

Application of Part XI. of the Electoral Act.

7. Regulation 53 of the Northern Territory Electoral Regulations is repealed.

Returning Officer to make arrangements for poll.

8. Regulation 56 of the Northern Territory Electoral Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1A.) In any emergency on polling day at a polling place due to the absence of an assistant presiding officer or poll clerk or to unforseen and continued pressure at the polling that cannot be met by the duly appointed officers, the presiding officer at the polling place may appoint a person to act as assistant presiding officer or poll clerk and the person so appointed or acting shall be deemed to have been duly appointed if the Returning Officer afterwards ratifies the appointment by appointing that person to be assistant presiding officer or poll clerk, as the case may be.”.

Electors entitled to vote by post.

9. Regulation 86 of the Northern Territory Electoral Regulations is amended—

(a) by omitting from sub-paragraph (ii) of paragraph (b) the word “or” (last occurring);

(b) by adding at the end of paragraph (b)the following word and sub-paragraph:—

“or (iv) who is, by reason of his membership of a religious order or his religious beliefs—

(A) precluded from attending at a polling booth; or

(B) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours,”; and

(c) by omitting the words “and not later than eight o’clock in the evening of the day fixed for the close of the polling”.

Postal voting papers issued pursuant to applications.

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

(a) by omitting from sub-regulation (1.) the words “the Assistant Returning Officer for the District for which he is enrolled, or, if the elector is in a State, to the Commonwealth Electoral Officer for that State” and inserting in their stead the words “an Assistant Returning Officer, or, if the elector is in a State, to the Divisional Returning Officer for an Electoral Division of a State or to the Registrar for a Subdivision declared to be a remote Subdivision in pursuance of subsection (2.) of section 26 of the Commonwealth Electoral Act 1918-1961,”;

(b) by omitting the proviso to sub-regulation (2.); and

(c) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2A.) An application shall be deemed not to have been duly made if it reaches the officer to whom it is made—

(a) where the officer is at a place in Australia—after eight o’clock in the evening of polling day reckoned according to standard or legal time at that place; or

(b)in any other case—after the close of the poll for the election.”.

Applications to be numbered and dealt with.

11. Regulation 89 of the Northern Territory Electoral Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “shall be numbered consecutively, duly endorsed, and kept” and inserting in their stead the words “shall, unless received from an officer referred to in the next succeeding sub-regulation and numbered and dealt with by him, be numbered consecutively and duly endorsed, shall be kept”; and

(b) by omitting from sub-regualtion (2.) the words “a Commonwealth Electoral Officer, the Returning Officer for the Australian Capital Territory or an Assistant Returning Officer at a place outside Australia” and inserting in their stead the words “an officer other than the Returning Officer or an Assistant Returning Officer”.

12. Regulation 90 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

Certificates to be numbered to correspond with applications.

“90. An officer shall, before issuing a postal vote certificate and postal ballot-paper in response to an application—

(a)number the certificate with the number corresponding to the number on the application; and

(b) initial the back of the ballot-paper.”.

Postal ballot-papers.

13. Regulation 93 of the Northern Territory Electoral Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) An officer shall not issue a postal ballot-paper unless—

(a) the numbers required to complete the Directions on the ballot-paper have been filled in; and

(b) the full name of all the candidates appear on the ballot-paper under the heading “Candidates” in the order specified in the last preceding sub-regulation.”.

14. Regulation 94 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

Issue of postal vote papers.

“94. An officer shall issue a postal vote certificate and postal ballot-paper—

(a)by delivering them to the applicant personally; or

(b) by sending them by post to the applicant at the place specified in his application.”.

Scrutiny of postal votes.

15. Regulation 115 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (1.) the word “forty” and inserting in its stead the word “twenty-eight.”

Manner of preliminary scrutiny of postal votes.

16. Regulation 116 of the Northern Territory Electoral Regulations is amended by omitting from paragraph (a) the word “forty” and inserting in its stead the word “twenty-eight.”

Application of Electoral Act.

17. Regulation 133 of the Northern Territory Electoral Regulations is amended—

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

“(1.) The following provisions of the Commonwealth Electoral Act do not apply in the Territory or in relation to the Legislative Council for the Territory:—

Parts II., III, IV., V., VI., VII. and X., sections 71, 72, 72A, 72B, 77, 78, 85, 88, 89, 90, 91, 91a, 91B, 92 and 96, Part XIII. (other than section 128A), Part XIV., Part XV. (other than sections 143 and 144) and sections 217, 218, 218A and 219.”;

(b) by inserting in sub-regulation (2.), after the word “Territory”, the words “and in its application in relation to the Legislative Council for the Territory”; and

(c) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2A.) In the Commonwealth Electoral Act in its application in the Territory and in its application in relation to the Legislative Council for the Territory—

(a) a reference to an authorized witness shall be read as a reference to a person who is an authorized witness by virtue of regulation 96 of these Regulations;

(b) a reference to a Commonwealth Electoral Officer shall be read as a reference to the Chief Electoral Officer;

(c) a reference to a Divisional Returning Officer shall be read as a reference to the Returning Officer;

(d) a reference to an elector shall be read as a reference to a person who is an elector for the purposes of these Regulations;

(e) a reference to an officer shall be read as a reference to a person who is an officer for the purposes of these Regulations;

(f) a reference to a Registrar shall be read as a reference to a person who is a Registrar for the purposes of these Regulations; or

(g) a reference to a Roll shall be read as a reference to a Roll for the purposes of these Regulations.”.

First Schedule—Form 8.

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

(a) by omitting the words “not exceeding” (first occurring) and inserting in their stead the word “of”; and

(b) by omitting the words “not exceeding” (second occurring) and inserting in their stead the words “not less than Ten shillings and not more than”.

First Schedule—Form 23.

19. Form 23 in the First Schedule to the Northern Territory Electoral Regulations is repealed and the following form inserted in its stead:—

“FORM 23.

Regulation 88 (1.).

COMMONWEALTH OF AUSTRALIA.

Northern Territory Electoral Regulations.

APPLICATION FOR POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN ELECTOR ENROLLED FOR THE NORTHERN TERRITORY.

To the Returning Officer for the Northern Territory.*

(a) Here insert surname, Christian names, place of living and occupation as appearing on the Roll.

I (a) hereby apply for a Postal Vote Certificate and Postal Ballot-paper to enable me to vote by post at the next forthcoming election.

I declare—

(1) That I am an elector enrolled on the Electoral Roll for the District of the Northern Territory.

(2) That my real place of living is, or at some time within three months immediately preceding the polling day for the election to which this application relates was, in the Northern Territory.

Note.—Strike out any of these grounds which do not apply to the elector.

(3) That the ground on which I apply to vote by post is—

(a) That I will not throughout the hours of polling on polling day be within the District for which I am enrolled or, if I will be within that District I will not be within five miles by the nearest practicable route of any polling booth open in the District.

(b) That I am seriously ill or infirm and, by reason of such illness or infirmity, will be precluded from attending at any polling booth to vote.

(c) That I will, by approaching maternity, be precluded from attending at any polling booth to vote.

(d) That I am, by reason of my membership of a religious order or my religious beliefs, precluded—

(i) from attending at a polling booth; or

(ii) from voting throughout the hours of polling on polling day or throughout the greater part of those hours.

(e)That I will not, between the date of the nominations and polling day, be within the District for which I am enrolled under conditions that will permit of my voting in that District.

(4) That my place of living at the time when the Postal Vote Certificate and Postal Ballot-paper would be delivered in the ordinary course of post will be as follows:—

(Personal signature of elector.)

Signed by the elector with his

personal signature in my presence.

(Signature of authorized witness.)

(Address of witness.)

Dated at the day of 19 .

* If the application is being made to an officer other than the Returning Officer for the Northern Territory, this line should be altered accordingly.”.

First Schedule—Form 24.

20. Form 24 in the First Schedule to the Northern Territory Electoral Regulations is amended by omitting the words—

“Assistant Returning Officer for the above-named District, or

Commonwealth Electoral Officer for the State of or

Returning Officer for the Australian Capital Territory or”,

and inserting in their stead the words—

“Assistant Returning Officer for the District of ...................., or

Divisional Returning Officer for the Division of ...................., or

Returning Officer for the Australian Capital Territory, or

Registrar for the Subdivision of ......................., or”.

First Schedule—Form 27.

21. Form 27 in the First Schedule to the Northern Territory Electoral Regulations is amended by omitting all the words after the words “the Commonwealth Electoral Act 1918-1946.” and inserting in their stead the following words:—

“And I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Assistant Returning Officer for the District of .

Declared at , the day of , 19 .

Before me,

(a)

(b)

(a) Signature of person before whom the declaration is made.

(b) Here insert title of person before whom the declaration is made.”.

First Schedule—Form 33.

22. Form 33 in the First Schedule to the Northern Territory Electoral Regulations is amended by omitting all the words after the words “the Commonwealth Electoral Act 1918-1946 and of the Regulations made thereunder.” and inserting in their stead the following words:—

“And I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Assistant Returning Officer for the District of .

Declared at , the day of , 19 .

Before me,

(a)

(b)

(a) Signature of person before whom the declaration is made.

(b) Here insert title of person before whom the declaration is made.”.

Second Schedule.

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

(a) by inserting after the words “Northern Territory” (first occurring) the words “and in its application in relation to the Legislative Council for the Territory”;

(b) by omitting the words—

“Section

of Act.”,

and inserting in their stead the words—

“Provision

of Act.”;

(c) by omitting the item relating to section 5 in the table and inserting in its stead the following word and items:—

“Sections.
“5	Omit all the definitions other than the definitions of ‘Candidate’ and ‘Division’.
“53	For ‘same Subdivision Roll’ substitute ‘Roll for the same Electoral District of the Territory’.
“55	For ‘Subdivision’ (first occurring) in sub-section (4.) substitute ‘Electoral District of the Territory’.
For ‘Subdivision’ (second occurring) in sub-section (4.) substitute ‘District’.
“93	For ‘the preceding section’ (wherever occurring) substitute ‘Regulation 97 of the Northern Territory Electoral Regulations’.”;

(d) by omitting the item relating to section 94 in the table and inserting in its stead the following item:—

“94 For ‘a Divisional Returning Officer, a Registrar, a Returning Officer or an Assistant Returning Officer’ substitute ‘the officer to whom it is addressed’.”;

(e) by omitting the item relating to section 98 in the table; and

(f) by adding at the end of the table the following word and item:—

“Forms.
“G	For the words ‘State of’ (first occurring) substitute the words ‘NORTHERN TERRITORY OF AUSTRALIA.’.
For—
‘I,* a candidate at the election of  held on the  day of  19 (in the State of  , or in the Electoral Division of in the State of  , as the case requires)’
substitute—
‘I,* a candidate at the election of—
** a member to represent the Northern Territory of Australia in the Parliament of the Commonwealth,
** a member of the Legislative Council for the Northern Territory of Australia for the Electoral District of  , held on the   day of  , 19 ,’.
For—
‘* Insert name and address

of candidate.’

substitute—

‘* Insert name

and address

of candidate.

** Strike out

whichever is

not applicable.’.”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.