Northern Territory Electoral Regulations (Amendment) (Cth)
REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1968.
THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1974 AND THE COMMONWEALTH ELECTORAL ACT 1918-1973.*
I, THE
GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council,
hereby make the following Regulations under the
Dated this eighteenth day of September, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
REX PATTERSON
Minister of State for the Northern Territory and for and on behalf of the Minister of State of Services and Property.
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Amendments of the Northern Territory Electoral Regulations
*
Notified in the
Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; 1956, No. 74; 1957, Nos. 3 and 66; 1960, No. 1; 1961, No. 132; 1962, Nos. 49 and 100; 1965, Nos. 15 and 132; 1966, Nos. 29 and 146; 1967, No. 17; 1969, No. 155; 1971, No. 80; and 1973, No. 64.
“(3) This regulation applies only to ballot-papers for an election of a member of the House of Representatives for the Territory.”.
“111a. (1) This regulation applies to ballot-papers for an election of a member of the Legislative Assembly for the Territory.
“(2) A ballot-paper shall be informal if it fails to indicate a first preference for 1 candidate or indicates a first preference for more than 1 candidate.
“(3) A ballot-paper shall be informal in the circumstances described in paragraph (a), (c) or (d) of sub-regulation (1) of regulation 111.
“(4) Where a voter has indicated—
(a) his first preference for 1 candidate and has not indicated any further preferences; or
(b) his first preference for 1 candidate and a consecutive order of preferences for some, but not all, of the candidates,
the ballot-paper shall not be informal but shall, subject to sub-regulation (2) of regulation 120, be given effect to accord to the voter's intention so far as that intention is clear and can be given effect to.”.
“(7) This regulation applies only to absent voters’ ballot-papers for an election of a member of the House of Representatives for the Territory.”.
“118da. (1) This regulation applies to absent voters’ ballot-papers for an election of a member of the Legislative Assembly for the Territory.
“(2) An absent voter’s ballot-paper shall be informal if it fails to indicate a first preference for 1 candidate or indicates a first preference for more than 1 candidate.
“(3) An absent voter’s ballot-paper shall be informal in the circumstances described in paragraph (a), (b) or (d) of sub-regulation (1) of regulation 118d.
“(4) Where an absent voter has indicated—
(a) his first preference for 1 candidate and has not indicated any further preferences; or
(b) his first preference for 1 candidate and a consecutive order of preferences for some, but not all, of the candidates,
the ballot-paper shall not be informal but shall, subject to sub-regulation (2) of regulation 120, be given effect to accord to the voter’s intention so far as that intention is clear and can be given effect to.”.
(a) by inserting in paragraph (d) of sub-regulation (1), after the word “him”, the words “which shows a second or consecutive preference for a candidate after the voter's first preference for a candidate”;
(b) by omitting from paragraph (e) of sub-regulation (1) all words after the word “ballot-papers” and substituting the words “which show a further preference for a candidate after the excluded candidate to the unexcluded candidate next in order of the voter’s preference shall be repeated until 1 candidate has received an absolute majority of votes or until all the preferences have been distributed in accordance with paragraph (d) of this sub-regulation and this paragraph”;
(c) by omitting paragraph (f) of sub-regulation (1) and substituting the following paragraph:—
“(f) the candidate shall be elected who has received an absolute majority of votes or, if no candidate has an absolute majority of votes after all the preferences have been distributed in accordance with paragraphs (d) and (e) of this sub-regulation, who has received the greatest number of votes.”;
(d) by inserting after sub-regulation (1) the following sub-regulation:—
“(2) Where, on any count being conducted in accordance with paragraph (c) or (e) of sub-regulation (1), a ballot-paper referred to in sub-regulation (4) of regulation 111a or sub-regulation (4) of regulation 118da shows no preference capable of being counted, in that count, to an unexcluded candidate in accordance with these Regulations, that ballot-paper—
(a) shall be deemed to have been exhausted;
(b) shall be excluded from that count and any subsequent count; and
(c) shall not be taken into account in the calculation of an absolute majority of votes in relation to that count and any subsequent count.”; and
(e) by adding at the end thereof the following sub-regulation:—
“(4) In this regulation, ‘an absolute majority of votes’, in relation to any count, means a greater number than 50 per centum of the whole number of ballot-papers (other than informal ballot-papers and ballot-papers excluded from that count under sub-regulation (2)) and, in addition, where necessary the casting vote of the Returning Officer given under paragraph (g) of sub-regulation (1) shall be included in reckoning an absolute majority of votes.”.
(a) by omitting Form 20 and substituting the following form:—
“FORM 20 Regulation 62
Ballot-paper
Australia
NORTHERN TERRITORY
Electoral District of
ELECTION OF 1 MEMBER OF THE LEGISLATIVE ASSEMBLY FOR THE NORTHERN TERRITORY
Directions:—Mark your vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate of your first preference and, if you so desire, by placing the numbers 2, 3, 4 (and so on, if you so desire) in the squares opposite the names of some or all of the other candidates so as to show the order of your preference for them. You may indicate your preference for 1 only of the candidates, your preferences for some of the candidates or your preferences for all of the candidates, as you so desire.
CANDIDATES
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(b) by omitting Form 26 and substituting the following form:—
“FORM 26 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
Australia
NORTHERN TERRITORY
Electoral District of
ELECTION OF 1 MEMBER OF THE LEGISLATIVE ASSEMBLY FOR THE NORTHERN TERRITORY
Directions:—Mark your vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate of your first preference and, if you so desire, by placing the numbers 2, 3, 4 (and so on, if you so desire) in the squares opposite the names of some or all of the other candidates so as to show the order of your preference for them. You may indicate your preference for 1 only of the candidates, your preferences for some of the candidates or your preferences for all of the candidates, as you so desire; fold the ballot-paper, place it in the envelope addressed to the Returning Officer or Assistant Returning Officer, as the case may be and fasten the envelope.
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 28 days after that day, it will not be admitted to the scrutiny.”; and
(c) by omitting Form 26c and substituting the following form:—
“FORM 26c Regulation 97c
ABSENT VOTE
Ballot-paper
Australia
NORTHERN TERRITORY
Electoral District of
ELECTION OF 1 MEMBER OF THE LEGISLATIVE ASSEMBLY FOR THE NORTHERN TERRITORY
Directions:—Mark your vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate of your first preference and, if you so desire, by placing the numbers 2, 3, 4 (and so on, if you so desire) in the squares opposite the names of some or all of the other candidates so as to show the order of your preference for them. You may indicate your preference for 1 only of the candidates, your preferences for some of the candidates or your preferences for all of the candidates, as you so desire.
CANDIDATES
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........................................”.
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SCHEDULE Regulation 11
ADDITIONAL AMENDMENTS
The following provisions of the Northern Territory Electoral Regulations are amended by omitting the words “Chief Electoral Officer” (wherever occurring) and substituting the words “Chief Australian Electoral Officer”:—
Regulation 5, sub-regulations 6 (1) and (3), 8 (1), 12 (3), 29 (1) and (2), 34 (2), 54 (3) and (4), 87 (2), 88 (3), 97e (3), 101 (1) and (3), regulation 103, paragraph 118h (b), regulation 118j, sub-regulation 123 (1), regulation 122, sub-regulation 126 (2), regulation 130 and paragraphs 131 (2) (b) and 133 (2a) (b).
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