Northern Territory Electoral Regulations (Amendment) (Cth)

STATUTORY RULES.

1949. No. 61.

REGULATIONS UNDER THE NORTHERN TERRITORY

REPRESENTATION ACT 1922-1949, THE NORTHERN

TERRITORY (ADMINISTRATION) ACT 1910-1947 AND

THE COMMONWEALTH ELECTORAL ACT 1918-1949.*

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 1922-1949, the Northern Territory (Administration) Act 1910-1947 and the Commonwealth Electoral Act 1918-1949.

Dated this eighth day of September, 1949.

W. J. McKELL

Governor-General.

By His Excellency's Command,

VICTOR JOHNSON

Minister of State for the Interior.

Amendments of the Northern Territory Electoral Regulations.

Persons entitled to enrolment.

1. Regulation 19 of the Northern Territory Electoral Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph :—

" (b)who are British subjects,".

Persons entitled to vote.

2. Regulation 20 of the Northern Territory Electoral Regulations is amended by inserting, after the word " is ", the words ", or at some time within three months immediately preceding the polling day was,".

Other disqualified persons.

3. Regulation 22 of the Northern Territory Electoral Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph ”—

" (a) he is an aboriginal native of Australia and—

(i) is, by virtue of a declaration in pursuance of section 3A of the Aboriginals Ordinance 1918-1947 of the Territory, not deemed to be an aboriginal for the purposes of that Ordinance or of any provision thereof ; or

(ii) is or has been a member of the Defence Force ; ".

* Notified in the Commonwealth Gazette on 15th September , 1949.

. Statutory Rules 1947, No. 148.

1965.—PRICE 5D.

Enrolment and transfer of enrolment.

4. Regulation 24 of the Northern Territory Electoral Regulations is amended by inserting in sub-regulation (2.), after the word " or ", the words " for the Australian Capital Territory or for any ".

Alteration of rolls.

5. Regulation 40 of the Northern Territory Electoral Regulations is amended by adding at the end of paragraph (h)of sub-regulation (1.) the words " or for the Australian Capital Territory ".

Questions to be put to voter.

6. Regulation 72 of the Northern Territory Electoral Regulations is amended by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations :—

" (1.) The Presiding Officer—

(a)shall put to every person claiming to vote the following questions :—

(i) Have you already voted either here or elsewhere at this election (or these elections, as the case requires) ?

(ii) Is your real place of living within the Northern Territory?

(iii) (if the last preceding question is answered in the negative) Was your real place of living at any time within the last three months within the Northern Territory? and

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

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

(v) Are you a British subject?

(vi) 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 :—

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

" (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 (1.) absolutely in the negative when put to him ;

(c) does not answer the question numbered (ii) absolutely in the affirmative when put to him, or if he answers that question in the negative, does not answer the question numbered (iii) absolutely in the affirmative when put to him ; or

(d)does not answer the questions numbered (iv), (v), (vi) and (vii) absolutely in the affirmative when put to him,

his claim to vote shall be rejected.".

Vote of person whose name has been omitted from or struck out of certified list, or cannot befound thereon.

7. Regulation 78 of the Northern Territory Electoral Regulations is amended by inserting in sub-paragraph (ii) of paragraph (a) of sub-regulation (1.), after the word " Subdivision ", the words " or to the Australian Capital Territory ".

Postal votes issued pursuant to applications.

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

(a) by omitting from sub-regulation (1.) the words " and before the polling day for the election ";

(b) by adding at the end of that sub-regulation the words ", or, if the elector is in the Australian Capital Territory, to the Returning Officer for that Territory.";

(c) by omitting the proviso to sub-regulation (2.) and inserting in its stead the following proviso :—

" Provided that the application shall not be deemed to have been duly made unless it reaches the Returning Officer, Assistant Returning Officer, Commonwealth Electoral Officer or Returning Officer for the Australian Capital Territory, as the case requires, before the close of the poll for the election."; and

(d) by omitting from sub-regulation (3.) the words " or Commonwealth Electoral Officer " and inserting in their stead the words " Commonwealth Electoral Officer or Returning Officer for the Australian Capital Territory ".

Application to be numbered and dealt with.

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

(a)by inserting in sub-regulation (1.), after the word “ hours ”, the words " from and including the third day after polling day "; and

(b) by inserting in sub-regulation (2.), after the word " Officer " (first and second occurring), the words " or the Returning Officer for the Australian Capital Territory ".

Certificates to be numbered to correspond with applications.

10. Regulation 90 of the Northern Territory Electoral Regulations is amended by omitting the words " or Commonwealth Electoral Officer " and inserting in their stead the words " Commonwealth Electoral Officer or Returning Officer for the Australian Capital Territory ".

Postal ballot-papers.

11. Regulation 93 of the Northern Territory Electoral Regulations is amended by omitting from sub-regulation (3.) the words “ , or Commonwealth Electoral Officer " and inserting in their stead the words " Commonwealth Electoral Officer or Returning Officer for the Australian Capital Territory ".

Postal vote papers to be delivered or sent to applicant.

12. Regulation 94 of the Northern Territory Electoral Regulations is amended by omitting the words " or Commonwealth Electoral Officer " and inserting in their stead the words " or Commonwealth Electoral Officer or Returning Officer for the Australian Capital Territory ".

Authorized

witnesses.

13. Regulation 96 of the Northern Territory Electoral Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

" (1.) Subject to the next succeeding sub-regulation, the following persons shall be authorized witnesses within the meaning of these Regulations :—

(a) Any elector whose name appears on the Roll for the Northern Territory, for a State or for the Australian Capital Territory ; and

(b) Where the vote is recorded outside Australia—any officer of the Naval, Military or Air Forces of the Commonwealth or of some other part of the King's dominions or any person employed in the Public Service of the Commonwealth or of a Territory of the Commonwealth.".

Directions for postal voting.

14. Regulation 97 of the Northern Territory Electoral Regulations is amended by omitting paragraphs (d) and (e)and inserting in their stead the following paragraphs :—

" (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 (or each ballot-paper) in accordance with the directions printed thereon, fold the ballot-paper, place it in the envelope addressed to the Returning Officer or Assistant Returning Officer and fasten the envelope ;

" (e) The elector shall forthwith post or deliver the envelope or cause it to be posted or delivered to the Returning Officer or Assistant Returning Officer, as the case requires ; ".

Form 2.

15. Form 2 is amended :—

(a) by omitting from paragraph 2 the words " Natural-born or naturalized subject of the King " and inserting in their stead the words " British subject " ; and

(b) byomitting paragraph 4 and inserting in its stead the following paragraph :—

" 4. My name is at present enrolled for the District (or Subdivision) of the Territory (or State) of in respect of the following address therein namely :--".

Form 3.

16. Form 3 is amended by omitting sub-paragraph (b) of paragraph 3 and inserting in its stead the following sub-paragraph

(b)If you change your place of living to any other District of the Northern Territory or Subdivision of a State or to the Australian Capital Territory, you should, after you have lived therein for a period of one month, send or deliver to the Electoral Registrar for the District, Subdivision, or Territory a claim for transfer of enrolment in Form 2* within 21 days after the expiration of that period.".

Form 4.

17. Form 4 is amended by omitting the words " Subdivision or District " (wherever occurring) and inserting in their stead the words " District, Subdivision or Territory ".

Form 22.

18. Form 22 is amended by inserting after the word " Subdivision " the words " or for the Australian Capital Territory ".

Form 23

19. Form 23 is omitted and the following Form inserted in its stead:—

“ FORM 23. Regulation 88 (1.).

This application should be made, after the tenth day prior to the issue of the Writ for the election to which it relates to the Returning Officer for the Territory or to the Assistant Returning Officer for the District for which the applicant is enrolled, as the case requires, or, if the applicant is in a State, to the Commonwealth Electoral Officer for the State, or, if the applicant is in the Australian Capital Territory, to the Returning Officer for that Territory.

Unless the application reaches the officer to whom it is made before 6 p.m. on the day immediately preceding the polling day, a Postal Vote Certificate and Postal Ballot-paper will not be posted in response to it, but such certificate and ballot-paper may be obtained by the applicant, upon application in person, at the office of the said officer up to 8 p.m. on the polling day.

In order that a Postal Ballot-paper issued pursuant to this application may be admitted to the scrutiny, the envelope in which it is contained must be received within forty days after polling day by the Returning Officer, or Assistant Returning Officer, as the case requires.

COMMONWEALTH OF AUSTRALIA	Number
The Commonwealth Electoral Act	Postal Vote Certificate
	and Postal Ballot-paper
	issued / /19
The Northern Territory Electoral Regulations	Initials of Issuing officer—

APPLICATION FOR POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-

PAPER BY AN ELECTOR ENROLLED FOR THE NORTHERN TERRITORY.

NOTE.—An elector enrolled for the District of Batchelor or Stuart, who will not be absent from the District for which he is enrolled between the nominations and polling day, is not required to send an application for a Postal Ballot-paper. It is the duty of the Returning Officer (or Assistant Returning Officer) to post the necessary documents to him to enable him to vote by post.

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.

NOTE.—Election in this application means an election of a Member of the House of Representatives for the Territory, or an election of a Member (or Members) of the Legislative Council for the Territory, or both of them, as the case requires.

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.

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

Note.—Theelector will strike out any of these grounds which do not apply to his or her particular case.

(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 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 nay 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 :—

An elector shall not make, and a person shall not induce an elector to make, any false statement in an application for a Postal Vote Certificate and a Postal Ballot-paper, or in the declaration contained in such application.

Penalty: Fifty pounds or imprisonment for one month.

Signed by the elector with his personal signature

Personal

 signature of elector

in my presence.

Signature of Witness

(in own handwriting)

An elector whose name appears on the Roll for

the Northern Territory, for a State, or for the

Australian Capital Territory (or where the

• applicant is outside Australia—an officer of 

the Naval, Military or Air Forces of the

Commonwealth or other part of the King's dominions

or a person employed in the Public Service of

the Commonwealth or of a Territory of the

Commonwealth.

Address of Witness—

Dated at  the  day of  19

* If the application is being made to the Assistant Returning Officer for the District for which the applicant is enrolled or to the Commonwealth Electoral Officer for a State or to the Returning Officer for the Australian Capital Territory, the application should be altered accordingly.

OBLIGATIONS OF ELECTOR ( OR OTHER PERSON ) WITNESSING AN APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER.

An elector (or other person) shall not witness the signature of any elector to an application for a Postal Vote Certificate or Postal Ballot-paper unless—

(a) he has satisfied himself as to the identity of the applicant ;

(b) he has seen the applicant sign the application in his (the applicant's) own handwriting ; and

(c) he knows that the statements contained in the application are true or has satisfied himself by inquiry from the applicant or otherwise that the statements contained in the application are true.

Penalty: Fifty pounds or imprisonment for one month.

The elector (or other person) witnessing the application shall sign his name in his own handwriting on the application in the space provided for the purpose, and shall add the date.

PENALTY FOR INDUCING ELECTOR TO APPLY FOR POSTAL VOTE.

A person shall not persuade or induce, or associate himself with a person in persuading or inducing, an elector to make application for a Postal Vote Certificate and Postal Ballot-paper.

Penalty: Fifty pounds or imprisonment for one month.

PENALTY FOR FAILURE TO POST OR DELIVER APPLICATION FOR POSTAL VOTE

CERTIFICATE AND POSTAL BALLOT-PAPER.

Any person to whom an application for a Postal Vote Certificate and Postal Ballot-paper is entrusted by a voter for the purpose of posting or delivery to a Returning Officer, Assistant Returning Officer or Commonwealth Electoral Officer and who fails to forthwith post or deliver the application shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for one month.".

Form 24.

20. Form 24 is amended—

(a) by inserting after the words " Commonwealth Electoral Officer for the State of

" the words " or Returning Officer for the Australian Capital Territory ";

(b) by omitting the words " Title under which witness acts as authorized witness (in full) " and inserting in their stead the words " An elector whose name appears on the Roll for the Territory or State of "; and

(c) by omitting the words " 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 " and inserting in their stead the words " Where vote is recorded outside Australia—see reference to authorized witnesses in the printed ' Directions to Elector and Authorized Witness ' issued by the Chief Electoral Officer ".

Form 25.

21. Form 25 is amended by omitting the words " so that the vote cannot be seen and hand it so folded to the Authorized Witness " and inserting in their stead the words " place it in the envelope addressed to the Returning Officer (or Assistant Returning Officer, as the case may be) and fasten the envelope ".

Form 26.

22. Form 26 is amended by omitting the words " so that the vote cannot be seen and hand it so folded to the Authorized Witness " and inserting in their stead the words " place it in the envelope addressed to the Returning Officer (or Assistant Returning Officer, as the case may be) and fasten the envelope ".

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