Northern Territory Electoral Regulations (Amendment) (Cth)

STATUTORY RULES

1966 No.

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REGULATIONS UNDER THE NORTHERN TERRITORY REPRESENTATION ACT 1922-1959, THE NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1965 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 Northern Territory Representation Act 1922-1959, the Northern Territory (Administration) Act 1910-1965 and the Commonwealth Electoral Act 1918-1966.

Dated this twenty sixth day of October, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

 

J. S. Anthony

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

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Amendments of the Northern Territory Electoral Regulations 

Parts.

1. Regulation 3 of the Northern Territory Electoral Regulations is amended by omitting the words—

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

and inserting in their stead the words—

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

2. Regulation 17 of the Northern Territory Electoral Regulations is repealed and the following regulation inserted in its stead:—

Sale of Rolls.

“17. For the purposes of sub-regulation (1.) of the last preceding regulation, the prescribed prices are those specified in the following Table:—

TABLE

$
For the Principal Roll for the Territory......................................................................	0.50
For a Principal Roll for a District...............................................................................	0.15
For the Supplemental Roll for the Territory...............................................................	0.15
For a Supplemental Roll for a District.......................................................................	0.05”.

*Notified in the Commonwealth Gazette on  , 1966.

 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; and 1966. No. 29.

12873/66.—Price 10c (1s.)  9/12.10.1966

3. After regulation 22 of the Northern Territory Electoral Regulations the following regulation is inserted:—

Certain members of the Defence. Force entitled to vote.

 “22a.—(1.) Where a member of the Defence Force who is on Service outside Australia and ordinarily lived in the Territory immediately before his departure from Australia is not an elector and is not enrolled on the Roll of electors for a State or for the Australian Capital Territory but—

(a) is not less than 21 years of age;

(b)has lived in Australia for six months continuously; and

(c) is a British subject,

the member shall, for the purposes of these Regulations, be deemed to be an elector and, subject to regulation 21 of these Regulations, is entitled to vote at elections as if his name appeared on the Roll for the District in which, immediately before his departure from Australia, he ordinarily lived.

“(2.) For the purposes of the last preceding sub-regulation, a person, not being a member of the Defence Force, who accompanies a part of the Defence Force shall be deemed to be a member of the Defence Force and on service with that part of the Defence Force.

“(3.) Where—

(a) a person who is less than 21 years of age—

(i) is a member of the Defence Force and is, or has at any time (whether before or after the commencement of this regulation) been, on special service; or

(ii) being a person whose real place of living is in Australia, has ceased to be a member of the Defence Force but has at any time (whether before or after the commencement of this regulation) been on special service;

(b)at any time before the commencement of that special service, he lived in Australia for six months continuously;

(c) he is a British subject; and

(d)if he was, at the time the writ for the election was issued—

(i) outside Australia—he ordinarily lived in the Territory immediately before his departure from Australia; or

(ii) in Australia—he was living at that time in the Territory,

he shall, for the purposes of these Regulations, be deemed to be an elector and, subject to regulation 21 of these Regulations, is entitled to vote at an election as if his name appeared on the Roll for the District—

(e) if he was outside Australia at the time the writ for the election was issued—in which, immediately before his departure from Australia, he ordinarily lived; or

(f) if he was in Australia at the time the writ for the election was issued—in which he was living at that time.

“(4.) In the last preceding sub-regulation—

‘real place of living’ has the same meaning as in the proviso to sub-section (3.) of section 39 of the Commonwealth Electoral Act:

‘special service’, in relation to a person, means service of that person as a member of the Defence Force that is special service for the purposes of the Repatriation (Special Overseas Service) Act 1962, or of that Act as amended and in force from time to time.”.

Compulsory enrolment, transfer and change.

4. Regulation 25 of the Northern Territory Electoral Regulations is amended by omitting sub-regulation (4.) and inserting in its stead 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 not less than One dollar and not more than Four dollars; or

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

Where and how electors may vote.

5. Regulation 70 of the Northern Territory Electoral Regulations is amended by inserting in sub-regulation (1.), after the word “elector”, the words “(not being a person who is an elector by virtue of regulation 22a of these Regulations)”.

Electors entitled to vote by post;

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

(a) by omitting from paragraph (a) the word “and”; and

(b)by inserting after paragraph (b)the following word and paragraph:—

“; and (c) an elector who is an elector by virtue of regulation 22a of these Regulations,”.

Postal voting papers issued in pursuance of application.

7. Regulation 88 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.) An elector who is entitled to vote by post under regulation 86 of these Regulations, not being an elector referred to in the last preceding regulation, or an elector enrolled for any District who will not be within the District for which he is enrolled between the date fixed for the receipt of nominations and the polling day under conditions that will permit of his voting otherwise than in pursuance of an application made under this sub-regulation may make application for a postal vote certificate and postal ballot-paper.

“(1a.) An application referred to in the last preceding sub-regulation may be made after the tenth day prior to the issue of the writ for the election in the prescribed form to the Returning Officer or to an Assistant Returning Officer or—

(a) 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 sub-section (2.) of section 26 of the Commonwealth Electoral Act;

(b)if the elector is in the Australian Capital Territory—to the Returning Officer for that Territory; or

(c) if the elector is temporarily outside Australia—to an Assistant Returning Officer at a place outside Australia.

“(1b.) For the purposes of the last preceding sub-regulation, the prescribed form of application for a postal vote certificate and postal ballot-paper is—

(a)where the applicant is an elector whose name appears on a Roll—a form in accordance with Form 23;

(b)where the applicant is an elector by virtue of regulation 22a of these Regulations and is not less than 21 years of age—a form in accordance with Form 23a; and

(c) where the applicant is an elector by virtue of regulation 22a of these Regulations and is less than 21 years of age—a form in accordance with Form 23b.

“(2.) If the applicant elector wishes to have the postal vote certificate and postal ballot-paper posted to him he may state in the form of application the address of the place to which the postal vote certificate and postal ballot-paper may be posted to him.”.

Persons claiming to vote whose names noted on certified list as persons to whom postal vote issued.

8.Regulation 91 of the Northern Territory Electoral Regulations is amended by adding at the end of sub-regulation (1.) the words “, other than an elector who is an elector by virtue of regulation 22a of these Regulations”.

Manner of preliminary scrutiny of postal votes.

9. Regulation 116 of the Northern Territory Electoral Regulations is amended by inserting after paragraph (c) the following paragraph:—

“(ca)if not satisfied, in the case of a person purporting to be an elector by virtue of regulation 22a of these Regulations, that he is an elector by virtue of that regulation, disallow the ballot-paper without opening the envelope in which it is contained;”.

First Schedule—Form 8.

10. Form 8 in the First Schedule to the Northern Territory Electoral Regulations is amended by omitting the words “Ten shillings and not more than One pound for a first offence and not less than One pound and not more than Two pounds” and inserting in their stead the words “One dollar and not more than Four dollars for a first offence and not less than Four dollars and not more than Ten dollars”.

First Schedule—Form 23.

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

(a)by omitting the word, figures and symbols “Regulation 88(1.)” and inserting in their stead the word, figures and symbols “Regulation 88(1b.) (a)”; and

(b) by omitting the words—

“(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:—”

and inserting in their stead the words—

“The address to which the Postal Vote Certificate and Postal Ballot-paper may be posted to me is as follows:—”.

First Schedule—Forms 23a and 23b.

12. After Form 23 in the First Schedule to the Northern Territory Electoral Regulations the following forms are inserted:—

“Form 23a.

Regulation 88 (1b.) (b).

Commonwealth of Australia.

Northern Territory Electoral Regulations.

APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR NOT LESS THAN 21 YEARS OF AGE TO WHOM REGULATION 22a OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS APPLIES.

(a) If the application is being made to an Officer other than an Assistant Returning Officer, alter accordingly.

To the Assistant Returning Officer at (a)...................................... I, ......................................................

(Christian names (in full).)(Surname.)

…………………………………………………………………………………………………………………….

(Rank, or, in the case of persons accompanying the Defence Force, designation.)

……………………………………………………………………...……………………………………………..

(Number (if applicable).) (Name of unit.)

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

(Address of place at which applicant ordinarily lived before departure from Australia.)

.................................................................................................................hereby apply for a Postal Vote Certificate and a Postal Ballot-paper to enable me to vote at the forthcoming election.

I declare as follows:—

(1) the grounds on which I am entitled to vote are—

(a)that I am a member of the Defence Force on service outside Australia or a person accompanying a part of the Defence Force on service outside Australia;

(b)that I am not less than 21 years of age;

(c) that I have lived in Australia for six months continuously;

(d)that I am a British subject; and

(e)that my name does not appear on the Electoral Roll for the Northern Territory, on an Electoral Roll for a State or on the Electoral Roll for the Australian Capital Territory;

(2) the grounds on which I make this application are that I am an elector for the reasons set out above.

(b)To be completed only when necessary.

The address to which the Postal Vote Certificate and the Postal Ballot-paper may be posted to me is as follows:—(b)

Personal signature of applicant—

Signed, by the applicant with his personal signature in my presence.

Signature of witness, being an elector specified in sub-regulation (1.) of regulation 96 of the Northern Territory Electoral Regulations, or (if the applicant is outside Australia) a person specified in paragraph (a), (b) or (c) of sub-regulation (2.) of that regulation, in own handwriting—

Address of witness—

(c)Date to be added by witness.

Dated at the(c) day of , 19  .

“Form 23b.

Regulation 88 (1b.) (c).

Commonwealth of Australia.

Northern Territory Electoral Regulations.

APPLICATION FOR A POSTAL VOTE CERTIFICATE AND POSTAL BALLOT-PAPER BY AN UNENROLLED ELECTOR LESS THAN 21 YEARS OF AGE TO WHOM REGULATION 22a OF THE NORTHERN TERRITORY ELECTORAL REGULATIONS APPLIES.

(a) If the application is made to an Officer other than an Assistant Returning Officer, alter accordingly.

To the Assistant Returning Officer at (a)...................................... I,.........................................................

…………………………………………………………………………………………………………………

(Christian names (in full).)(Surname.)

…………………………………………………………………………………………………………………..

(Rank (if applicable).)(Number (if applicable).)

(b) If the applicant was outside Australia at the time of the issue of the writ for the election—the address of the place at which he ordinarily lived immediately before his departure from Australia. If the applicant was in Australia at the time of the issue of the writ—the address of his place of living at that time.

....................................................................................of(b) .......................................................................

(Name of unit or former unit.)

…………………………………………...………………………………………………………………………..

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

I declare as follows:—

(1) the grounds on which I am entitled to vote are—

(a) that I am less than 21 years of age;

(b) that—

(i) I am a member of the Defence Force and am, or have been, on special service; or

(c) Real place of living includes the place of living to which a person temporarily living elsewhere has a fixed intention of returning for the purpose of continuing to live thereat.

(ii) my real place of living(c) is in Australia and I have ceased to be a member of the Defence Force but I have been on special service;

(c) that at some time before the commencement of ‘special service’ referred to above, I lived in Australia for six months continuously; and

(d) that I am a British subject;

(2) the grounds on which I make this application are that I am an elector for the reasons set out above.

(d) To be completed only when necessary.

The address to which the Postal Vote Certificate and the Postal Ballot-paper may be posted to me is as follows:—(d)

Personal signature of applicant— 

Signed by the applicant with his personal signature in my presence.

Signature of witness, being an elector specified in sub-regulation (1.) of regulation 96 of the Northern Territory Electoral Regulations, or (if the applicant is outside Australia) a person specified in paragraph (a), (b) or (c) of sub-regulation (2.) of that regulation, in own handwriting—

Address of witness—

(e) Date to be added by witness.

Dated at the(e) day of , 19 .

Second Schedule.

13. The Second Schedule to the Northern Territory Electoral Regulations is amended by omitting the words—

“128a	For ‘Divisional’ (wherever occurring) substitute ‘Assistant’.
For ‘his Division’ in sub-section (2.) substitute ‘the District in respect of which he is appointed to perform the duties of Assistant Returning Officer’.”

and inserting in their stead the words—

“128a	For ‘Divisional’ (wherever occurring) substitute ‘Assistant’.
For ‘his Division’ in sub-section (2.) substitute ‘the District in respect of which he is appointed to perform the duties of Assistant Returning Officer’.
For ‘section thirty-nine A of this Act’ in sub-section (14.) substitute ‘regulation 22a of the Northern Territory Electoral Regulations’.”.

                                       

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