Northern Territory Electoral Regulations (Amendment) (Cth)
STATUTORY RULES
REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1968, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1968 AND THE COMMONWEALTH ELECTORAL ACT 1918-1966.*
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
Dated this twenty-fifth day of September, 1969.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for the Interior.
_________
Amendments of the Northern Territory Electoral Regulations
(
“Division 2.—Voting by Post (Regulations 85-97).”
the words and figures—
“Division 2a.—Absent Voting (Regulations 97a-97f).”; and
(
“Division 4.—Scrutiny of Votes Recorded under Regulations 78, 79 and 91 (Regulation 118).”
the words and figures—
“Division 4a.—Scrutiny of Absent Votes (Regulations 118a-118j).”.
“(1.) On polling day, an elector (not being a person who is an elector by virtue of regulation 22a of these Regulations) may vote at a polling place for the District for which he is enrolled or, subject to the provisions of Division 2a of this Part, at any other polling place within the Territory at which a polling booth is open.”.
____________________________________________________________________________________
* 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; and 1967, No. 17.
20890/69—Price 15c 10/10.9.1969
“
“97a.—(1.) An elector who claims to vote as an absent voter at a polling place in the Northern Territory at which a polling booth is open, not being a polling place for the District for which he is enrolled, must state to the Presiding Officer at the polling place his name, place of living and occupation, as appearing on the Roll, and, to the best of his knowledge, the District for which he is enrolled.
“(2.) Where an elector who claims to vote as an absent voter shows, by his answers to the questions put to him toy the Presiding Officer in accordance with sub-regulation (1.) of regulation 72 of these Regulations, that he is entitled to vote, and the elector makes a declaration, in accordance with Form 26a, in the presence of the Presiding Officer, the Presiding Officer shall issue to the elector an absent voter’s ballot-paper.
“(3.) Where an elector who claims to vote as an absent voter—
(
a ) refuses to answer fully a question put to him in accordance with sub-regulation (1.) of regulation 72 of these Regulations;(
b )shows by his answer to such a question that he is not entitled to vote; or(
c ) refuses to make the declaration referred to in the last preceding sub-regulation,
the Presiding Officer shall reject his claim.
“(4.) Where an elector is issued with an absent voter’s ballot-paper, the elector shall mark and fold his ballot-paper in the manner directed on the ballot-paper and return it so folded to the Presiding Officer who shall forthwith enclose the ballot-paper in the envelope bearing the declaration made by the elector, securely fasten the envelope and deposit the envelope in the ballot-box.
“(5.) The form of declaration referred to in sub-regulation (2.) of this regulation may be printed on an envelope that is addressed to the Returning Officer or Assistant Returning Officer, as the case requires.
“97b.—(1.) Where an elector who claims to vote as an absent 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—
(
a ) fill in the form of declaration with the appropriate particulars relating to the enrolment of the elector as directed by the elector;(
b )read over to the elector the form of declaration as so filled in;(
c ) request the elector to sign the form of declaration—
(i) in his own handwriting if he is able to do so; or
(ii) with his mark as his personal signature if he is unable to sign his name in his own handwriting; and
(
d )if the elector signs the declaration—(i) cause the signature of the elector, if made by means of a mark, to be witnessed by a scrutineer present, or if no scrutineer be present, by the Poll Clerk;
(ii) attest the declaration;
(iii) permit a person appointed by the elector to enter an unoccupied compartment of the booth with the elector to mark and fold the ballot-paper issued to the elector by the Presiding Officer for the elector; and
(iv) upon the return of the ballot-paper to him enclose the ballot-paper in the envelope bearing the declaration of the elector, securely fasten the envelope and deposit it in the ballot-box.
“(2.) If an elector to whom the last preceding
sub-regulation applies fails to appoint a person in pursuance of that
sub-regulation, or if an elector who claims to vote as an absent voter
satisfies the Presiding Officer that he is so illiterate that he is unable to
vote without assistance, the Presiding Officer shall take the action indicated
in paragraphs (
(
(
b ) enclose the ballot-paper in the envelope bearing the declaration of the elector, securely fasten the envelope and deposit it in the ballot-box.
“97c. The ballot-paper to be used by an elector voting as an absent voter in an election may be in accordance with Form 26b or Form 26c, as the case requires.
“97d.—(1.) The Presiding Officer shall record the name of each elector who has voted at his polling place as an absent voter at an election together with the name of the District for which the elector declares that he is enrolled, as shown in his declaration.
“(2.) At the close of the poll, the Presiding Officer shall forward the record, duly certified by him, under seal, to the Returning Officer or Assistant Returning Officer authorized to count the absent votes cast for the District.
“97e.—(1.) Where the Returning Officer or an Assistant Returning Officer withdraws from a ballot-box envelopes bearing absent voters’ declarations and purporting to contain absent voters’ ballot-papers, the Returning Officer or Assistant Returning Officer shall—
(
a ) check the particulars on the envelopes with the particulars appearing on the Presiding Officer’s record and make a note of the number of envelopes so withdrawn; and(
b ) place in a separate parcel all the envelopes bearing absent voters’ declarations relating to the same District.
“(2.) Where the Returning Officer or an Assistant Returning Officer has made a parcel of envelopes bearing absent voters’ declarations relating to a Distict—
(
a ) if the Returning Officer or Assistant Returning Officer is authorized to count the absent votes cast for the District—he shall place the envelopes in the absent voters’ ballot-box for the District for the purpose of the scrutiny; or(
b )in any other case—he shall fasten and seal the outer cover of the parcel, write on the cover the number of envelopes contained in the parcel, address the parcel to the Returning Officer or Assistant Returning Officer authorized to count absent voters’ ballot-papers for the District and then transmit the parcel by hand or by registered post to that Returning Officer or Assistant Returning Officer.
“(3.) Where the Returning Officer or an Assistant Returning Officer transmits a parcel of envelopes bearing absent voters’ declarations in accordance with the last preceding sub-regulation, he shall forthwith advise the Returning Officer or Assistant Returning Officer to whom the parcel is transmitted, by telegram or, if a letter will in the ordinary course of post reach that officer on or before the Friday immediately following the close of the poll, by letter, in accordance with a form authorized by the Chief Electoral Officer, of the total number of envelopes bearing absent voters’ declarations that are enclosed in the parcel so forwarded to him.
“97f. The Returning Officer or an Assistant Returning Officer—
(
a )shall prepare and retain in his custody a book, or set of cards, in which he shall record from time to time the particulars of the respective advices, and the number of envelopes bearing absent voters’ declarations, received by him—(i) in the case of the Returning Officer—from an Assistant Returning Officer; or
(ii) in the case of an Assistant Returning Officer—from the Returning Officer or another Assistant Returning Officer; and
(
b )shall keep a locked and sealed ballot-box in respect of each District in respect of which he is authorized to count the absent voters’ ballot-papers, being a box having the words ‘Absent Voters’ Ballot-box marked on the outside of the box and shall place all envelopes bearing absent voters’ declarations relating to that District received by him for the purpose of the scrutiny in that ballot-box forthwith after he receives them.”.
“
“118a. The scrutiny of absent voters’ ballot-papers relating to a District shall commence as soon as practicable after the close of the poll, and shall be conducted by the Returning Officer, or by an Assistant Returning Officer authorized to count the absent voters’ ballot-papers for the District, in the presence of such scrutineers as choose to attend and any other persons approved by the Returning Officer.
“118b.—(1.) The Officer conducting the scrutiny shall—
(
a )produce and open the absent voters’ ballot-box in which the envelopes containing the absent voters’ ballot-papers for the District have been placed;(
b ) place in one parcel the envelopes bearing the signed and attested declarations of persons who, in his opinion, are enrolled for, and are entitled to vote in respect of, the District, accept for further scrutiny the ballot-papers contained in the envelopes in that parcel and place a mark opposite the name of each such person on a certified copy of the Roll used by him for the purpose of the scrutiny;(
c ) place in another parcel the envelopes bearing the declarations of persons who, in his opinion, are not enrolled for, or are not entitled to vote in respect of, the District, or whose declarations are not duly signed and attested, fasten and seal the parcel, write on the outside of the parcel the words ‘Absent voters’ ballot-papers rejected at the preliminary scrutiny’ and add the name of the District, his signature, and the date;(
d ) place the envelopes containing the ballot-papers accepted for further scrutiny before him on a table in such a manner that the face only of each envelope bearing the address of the Returning Officer or Assistant Returning Officer is visible;(
e ) without further examining the declaration of an elector, or permitting any other person to do so, withdraw from the envelope the ballot-paper or each ballot-paper enclosed in the envelope and, without inspecting or unfolding such a ballot-paper, or allowing any other person to do so, forthwith deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny; and
(f ) place the envelopes in a parcel on the outside of which the words ‘Envelopes bearing absent voters’ declarations from which ballot-papers have been withdrawn for further scrutiny’ have been written, fasten and seal the parcel, write on the outside of the parcel the name of the District, and add his signature and the date.
“(2.) The officer conducting the scrutiny shall not reject an absent voter’s ballot-paper at the preliminary scrutiny by reason only of the fact that the Presiding Officer at the polling place where the vote was cast omitted to attest the declaration of the elector if, before the declaration of the poll, that Presiding Officer certifies that the omission was due to inadvertance and that the declaration was, in fact, duly signed by the elector in the presence of that Presiding Officer.
“(3.)
It is not necessary for the officer conducting the scrutiny of absent voters’
ballot-papers for a District to await the receipt of all the envelopes
containing absent voters’ ballot-papers for the District before he proceeds
with the further scrutiny of the ballot-papers that have been placed in the
ballot-box referred to in paragraph (
“118c. At the further scrutiny, the officer
conducting the scrutiny shall open the ballot-box referred to in paragraph (
(
a )reject all informal ballot-papers, and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and(
b )count the first preference votes given for each candidate on all unrejected ballot-papers.
“118d.—(1.) Subject to the succeeding sub-regulations of this regulation, an absent voter’s ballot-paper is informal if—
(
a ) it is not contained in the envelope bearing the declaration of the elector;(
b )it is not authenticated by the initials of the proper officer or by the official mark prescribed by regulation 128 of these Regulations;(
c )it has no vote indicated on it or does not indicate the elector’s first preference for one candidate and his contingent votes for all the remaining candidates; or(
d )it has upon it any mark or writing (not lawfully authorized to be put upon it) by which, in the opinion of the officer conducting the scrutiny, the elector can be identified.
“(2.) An absent voter’s ballot-paper shall not be taken to be informal merely because of a formal defect, that is to say, by reason of—
(
a ) the name of a wrong District appearing on it;(
b )the omission of the name of the District from the ballot-paper in a case where the name of the District for which the elector is enrolled appears on the declaration signed by the elector;(
c ) the surname only of a candidate being written on it in a case where no other candidate has the same surname; or(
d ) a mistake in spelling the name of a candidate in a case where there is no doubt as to the identity of the candidate.
“(3.) Where an elector has indicated his first preference for one candidate and his contingent preferences for all the remaining candidates except one and the square opposite to the name of that last-mentioned candidate has been left blank, the elector shall be taken to have indicated that his preference for that last-mentioned candidate is his last preference and shall, for the purpose of these Regulations, be taken to have indicated accordingly the order of his preference for all the candidates.
“(4.) Where there are two candidates only and an elector has indicated his vote by placing the figure 1 in the square opposite to the name of one of the candidates and has left the other square blank, the elector shall be taken to have indicated the order of his preference for all the candidates.
“(5.) Paragraph (
“(6.) An absent voter’s ballot-paper shall not be taken to be informal for any reason other than a reason specified in this regulation but shall be given effect to according to the elector’s intention so far as his intention is clear.
“118e.—(1.) If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper ‘Admitted’, or ‘Rejected’, according to his decision to admit or reject the ballot-paper, and add his initials.
“(2.) The last preceding sub-regulation shall not be taken to prevent the officer conducting the scrutiny from rejecting a ballot-paper as informal although it is not objected to.
“118f. The officer conducting the scrutiny shall place in separate parcels—
(
a )all absent voters’ ballot-papers allowed or admitted as formal for each election;(
b )all absent voters’ ballot-papers disallowed or rejected as informal for each election.
and shall then fasten and seal each parcel, write on the outside of each parcel particulars of the contents of the parcel and the name of the District, and add his signature and the date.
“118g.—(10 The sealed parcels of absent voters’ ballot-papers may only be opened—
(
a ) where no candidate has received an absolute majority of first preference votes and it is necessary to determine the election in the manner provided in Division 5 of Part X. of these Regulations;(
b )for the purposes of an authorized recount; or(
c ) by direction of the Court of Disputed Returns.
“(2.)
Where sealed parcels of absent voters’ ballot-papers are opened in pursuance of
paragraph (
“11 8h. The sealed parcels of absent voters’ declarations may only be opened—
(
a ) by direction of the Court of Disputed Returns; or(
b ) by the Returning Officer or an Assistant Returning Officer, subject to any directions he may receive from the Chief Electoral Officer, for the purpose of instituting an authorized official inquiry.
“118j. Subject to any action taken in pursuance of regulation 118g or regulation 118h of these Regulations, the Returning Officer or an Assistant Returning Officer shall preserve the sealed parcels of—
(
a )absent voters’ ballot-papers allowed or admitted to the scrutiny;(
b )absent voters’ ballot-papers disallowed or rejected at the scrutiny;(
c ) envelopes bearing absent voters’ declarations from which ballot-papers have been withdrawn for further scrutiny; and
(
d )envelopes bearing absent voters’ declarations and containing ballot-papers rejected at the preliminary scrutiny,
until their destruction is authorized by the Chief Electoral Officer.”.
Form 26a. Regulation 97a.
Commonwealth of Australia.
THE NORTHERN TERRITORY.
THE NORTHERN TERRITORY ELECTORAL REGULATIONS.
I DECLARE that I am the person enrolled as—
Surname (In BLOCK Letters) | Christian Names in full (In BLOCK Letters) | Place of Living (as appearing on Roll) (Full address to be inserted) | Occupation |
on the Electoral Roll for the District of the Northern Territory and that I have not voted at this or any other polling place, or by post, in connexion with the election being held this day; and I promise and declare that if I am permitted to vote at this polling place as an Absent Voter I will not again vote in connexion with this 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 wilfully make any false statement in this declaration, I will commit an offence punishable, upon conviction, by imprisonment for a term not exceeding two years.
Note.— “Election” in this Declaration means a House of Representatives Election or a Legislative Council Election or both of them, as the case requires.
Personal Signature of Elector
Signed before me on the day of , 19 . at polling place.
Presiding Officer.
DIRECTIONS
1. This form of declaration must, after being filled in, be signed by the elector with his personal signature in the presence of the Presiding Officer, and then be attested by the Presiding Officer.
2. Where an elector has complied with the provisions of regulation 97a and 97b of the Northern Territory Electoral Regulations and has signed the abovewritten declaration, the Presiding Officer shall then initial and hand to the elector whichever of the following ballot-papers is appropriate or each of the following ballot-papers, as the case requires:—
(
(
b )one ballot-paper (headed “Absent Vote”) for the Legislative Council Election for the abovementioned District,
held on the date upon which this Declaration is made.
3. The Elector 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 or each ballot-paper handed to him in the manner directed on it; and
(ii) fold the ballot-paper, or each ballot-paper separately, in such a manner as to conceal the vote marked thereon, and at once return the ballot-paper or ballot-papers so folded to the Presiding Officer before whom he made his declaration.
4. The Presiding Officer will see that he receives from the elector the ballot-paper or each ballot-paper duly folded and, if necessary for purposes of identification, will request the elector to state again his name, and then, without unfolding the ballot-paper or ballot-papers, will forthwith, in the presence of the elector and of such scrutineers (if any) as are present, enclose the ballot-paper or ballot-papers in the envelope bearing the declaration of the elector, securely fasten the envelope and deposit it in the ballot-box.
________
Form 26b. Regulation 97c.
ABSENT VOTE.
BALLOT-PAPER.
commonwealth of australia.
THE NORTHERN TERRITORY
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 [
CANDIDATES.
□…………................................................
□…………................................................
□…………................................................
□…………................................................
□…………................................................
Form 26c. Regulation 97c.
The Presiding Officer must, before issuing this ballot-paper to an elector, fill in the name of the District for which the elector declares that he is enrolled, the numbers required to complete the “Directions” and the names of all the candidates for that District.
[
ABSENT VOTE.
BALLOT-PAPER.
Commonwealth of Australia.
THE NORTHERN TERRITORY.
Electoral District of
ELECTION OF ONE MEMBER OF THE LEGISLATIVE COUNCIL FOR THE NORTHERN TERRITORY.
Directions.—Mark your vote on this ballot-paper by placing the
numbers [
CANDIDATES.
□…………................................................
□…………................................................
□…………................................................
□…………................................................
□…………................................................
Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra
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