Amended by 1960 No. 1 r. 7; 1971 No. 80 r. 2; 1974 No. 165 r. 12
(2) It shall be the duty of the Returning Officer or the Assistant Returning
Officer, as the case requires, as soon as practicable after the hour fixed for
the receipt of nominations of candidates in an election to send by post to
each elector to whom the last preceding sub-regulation applies, not being an
elector from whom an application has been received under the next succeeding
regulation, a postal vote certificate and postal ballot-paper (or postal
ballot-papers) together with a copy of the ''Directions to Elector and
Authorized Witness'' authorized by the Chief Australian Electoral Officer.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 88.
Postal voting papers issued pursuant to applications
Sub-reg. (1) substituted by 1971 No. 80 r. 3
88. (1) Where an elector who is entitled to vote by post under regulation 86
of these Regulations-
(a) is not an elector referred to in sub-regulation (1) of the last
preceding regulation; or
(b) is an elector referred to in sub-regulation (1) of the last preceding
regulation and will, between the date fixed for the receipt of nominations and
the polling day, be absent from his place of living as appearing on the roll
under conditions that will preclude him from voting otherwise than in
pursuance of an application made under this sub-regulation,
the elector may make application for a postal vote certificate and postal
ballot-paper.
Inserted by 1966 No. 146 r. 7; amended by 1974 No. 165 r. 2
(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 a Returning
Officer for an Electoral Division of that Territory; or
(c) if the elector is temporarily outside Australia-to an Assistant
Returning Officer at a place outside Australia.
Inserted by 1966 No. 146 r. 7; amended by 1973 No. 64 r. 5
(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; and
(b) where the applicant is an elector by virtue of regulation 22A and is
not less than 18 years of age-a form in accordance with Form 23A.
Substituted by 1966 No. 146 r. 7
(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.
Substituted by 1962 No. 100 r. 2
(2A) An application under sub-regulation (1) of this regulation shall be
deemed not to have been duly made to an officer if it reaches the officer-
(a) in a case where the applicant personally delivers it to the officer-
after eight o'clock in the evening of polling day; or
(b) in any other case-after six o'clock in the evening of the day preceding
polling day,
reckoned according to the relevant standard or legal time as ascertained under
the next succeeding sub-regulation.
Inserted by 1962 No. 100 r. 2
(2B) For the purposes of the last preceding sub-regulation, the relevant
standard or legal time, in relation to an application under sub-regulation (1)
of this regulation, is-
(a) where the application is made to an officer at a place in
Australia-standard or legal time at that place; or
(b) in any other case-standard or legal time in the Territory.
Amended by 1949 No. 61 r. 8; 1956 No. 74 r. 5; 1974 No. 165 r. 12
(3) Upon receipt of an application for a postal vote certificate and postal
ballot-paper duly made in accordance with the preceding sub-regulations of
this regulation, the officer to whom the application is so made, if satisfied
that the application is duly signed by the applicant elector and is properly
witnessed, shall deliver or post to the elector a postal vote certificate and
a postal ballot-paper for the election (or each election, as the case may be)
being held in respect of the District for which the elector is enrolled,
together with a copy of the ''Directions to Elector and Authorized Witness''
authorized by the Chief Australian Electoral Officer.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 89.
Applications to be numbered and dealt with
Sub-reg. (1) amended by 1949 No. 61 r. 9; 1961 No. 132 r. 11
89. (1) All applications for postal vote certificates and postal
ballot-papers received by the Returning Officer or an Assistant Returning
Officer 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 by him or forwarded by post to
the Assistant Returning Officer for the District for which the elector is
enrolled, as the case requires, and shall be open to public inspection at all
convenient times during office hours from and including the third day after
polling day until the election can no longer be questioned.
Amended by 1949 No. 61 r. 9; 1956 No. 74 r. 6; 1961 No. 132 r. 11
(2) Where an application is received pursuant to regulation 88 of these
Regulations by an officer other than the Returning Officer or an Assistant
Returning Officer and a postal vote certificate and postal ballot-paper (or
postal ballot-papers) is or are issued in respect of such application he shall
forthwith number the application and forward it by post to the Returning
Officer, or the Assistant Returning Officer for the District for which the
elector is enrolled, as the case requires.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 90.
Certificates to be numbered to correspond with applications
Substituted by 1961 No. 132 r. 12
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 91.
Persons claiming to vote whose names noted on certified list as persons to
whom
postal vote issued
Sub-reg. (1) amended by 1966 No. 146 r. 8
91. (1) The Returning Officer or Assistant Returning Officer, as the case
requires, shall note on the certified list of voters the name of each elector
to whom a postal vote certificate and postal ballot-paper have been issued
pursuant to an application, other than an elector who is an elector by virtue
of regulation 22A of these Regulations.
(2) An elector to whom a postal vote certificate and postal ballot-paper
have been issued pursuant to an application shall not be entitled to vote at a
polling booth unless he first delivers to the presiding officer for
cancellation his postal vote certificate and postal ballot-paper.
(3) Notwithstanding anything contained in the last preceding regulation
where a person whose name has been noted on a certified list of voters used at
a polling place as an elector to whom a postal vote certificate and postal
ballot-paper have been issued claims to vote at that polling place, and
states, when requested to deliver to the presiding officer for cancellation
his postal vote certificate and postal ballot-paper, that he has not received
a postal vote certificate or postal ballot-paper, he may, subject to
regulation 72 of these Regulations, be permitted to vote if he signs and makes
a declaration in accordance with Form 21 before the presiding officer at the
polling place.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 92.
Form of postal vote certificate
92. A postal vote certificate may be in accordance with Form 24, and may be
printed on an envelope addressed to the Returning Officer or the Assistant
Returning Officer for the District for which the elector is enrolled, as the
case requires.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 93.
Postal ballot-papers
93. (1) The postal ballot-paper may be in accordance with Form 25 or Form
26, as the case requires.
(2) The names shall be arranged in the ballot-papers in the order prescribed
in regulation 63.
Substituted by 1961 No. 132 r. 13
(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 names of all the candidates appear on the ballot-paper under
the heading ''Candidates'' in the order specified in the last preceding
sub-regulation.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 94.
Issue of postal vote papers
Substituted by 1961 No. 132 r. 14
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 95.
Postal ballot-box
95. The Returning Officer and the Assistant Returning Officers shall each
keep a locked and sealed ballot-box with the words ''Postal Ballot-Box''
marked thereon, and shall place and keep therein, until the scrutiny, all
envelopes containing postal ballot-papers received by him up to the time
prescribed for the receipt of those ballot-papers.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 96.
Authorized witnesses
Substituted by 1965 No. 132 r. 11
Sub-reg. (1) amended by 1967 No. 17 r. 1; 1974 No. 165 r. 3
96. (1) Subject to this regulation, an elector whose name appears on the
Roll of Electors for the Northern Territory, for a State or for an Electoral
Division of the Australian Capital Territory, is an authorized witness for the
purposes of these Regulations.
(2) Where a vote is recorded outside Australia, the following persons are
also authorized witnesses for the purposes of these Regulations:
(a) an officer of the naval, military or air forces of the Commonwealth or
of some other part of the Queen's dominions;
(b) a person employed in the Public Service of the Commonwealth or of a
Territory of the Commonwealth or of a part of the Queen's dominions; and
(c) a Justice of the Peace for, or a minister of religion or medical
practitioner resident in, a Territory of the Commonwealth or a part of the
Queen's dominions.
(3) A person who is a candidate at an election shall not be an authorized
witness at that election.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97.
Directions for postal voting
Amended by 1949 No. 61 r. 14
97. In the recording of votes under this Division, the following directions
are to be substantially observed:
(a) The elector shall exhibit his unmarked postal ballot-paper (or postal
ballot-papers) and his postal vote certificate to the authorized witness;
(b) The form of declaration (printed on the envelope bearing the postal
vote certificate) shall after being filled up, be signed in the place
provided, by the elector with his personal signature in the presence of the
authorized witness;
(c) The authorized witness shall, then and there, sign his name in his own
handwriting on the form of declaration in the place provided for the signature
of the authorized witness, and shall add the title under which he acts as an
authorized witness and the date;
(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;
(f) If the elector satisfies the authorized witness that his sight is so
impaired or that he is so physically incapacitated that he is unable to vote
without assistance, he may appoint a person to assist him to vote, and in that
case the authorized witness shall-
(i) fill in the form of declaration with the required particulars
relating to the enrolment of the elector, as requested by such elector;
(ii) read over to the elector the form of declaration;
(iii) require the elector to sign the form of declaration-
(a) in his own handwriting if he is able to do so; or
(b) with his mark as his personal signature if he is unable to sign
his name in his own handwriting;
(iv) cause the signature of the elector, if made by means of a mark, to
be witnessed by another elector;
(v) complete and attest the declaration;
(vi) permit the person appointed by the elector to mark and fold the
ballot-paper (or ballot-papers) for the elector; and
(vii) enclose the ballot-paper (or ballot-papers) in the envelope
addressed to the Returning Officer or the Assistant Returning Officer, fasten
the envelope and hand it to the elector, who shall forthwith post or deliver
it, or cause it to be posted or delivered, to the Returning Officer or the
Assistant Returning Officer, as the case requires;
(g) If any elector to whom the last preceding paragraph applies fails to
appoint a person to assist him to vote, or, if any elector satisfies the
authorized witness that he is so illiterate that he is unable to vote without
assistance the authorized witness shall take the action indicated in
sub-paragraphs (i) to (v) (inclusive) of that paragraph, and shall then, in
the presence of another elector-
(a) mark and fold the ballot-paper (or ballot-papers) for the elector;
and
(b) deal with it (or them) in the manner directed in sub-paragraph (vii)
of that paragraph;
(h) The authorized witness shall not unless-
(a) the elector's sight is so impaired or he is so physically
incapacitated that he is unable to vote without assistance and no person is
appointed by the elector to mark his vote for him; or
(b) the elector is so illiterate that he is unable to vote without
assistance,
look at, or make himself acquainted with, the vote given by the elector,
and, except as provided in paragraphs (f) and (g) of this sub-regulation,
shall not suffer or permit any person (other than the elector) to see or
become acquainted with the elector's vote, or to assist the elector to vote,
or to interfere in any way with the elector in relation to his vote.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97A.
Facilities for voting as an absent voter
Division 2A-Absent Voting
Division 2A inserted by 1969 No. 155 r. 4
Inserted by 1969 No. 155 r. 4
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 by 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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97B.
Blind or physically incapacitated voters
Inserted by 1969 No. 155 r. 4
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 (a), (b) and (c), and
sub-paragraphs (i) and (ii) of paragraph (d), of that sub-regulation and
shall, in the presence of such scrutineers as are present, or, if there are no
scrutineers present, then in the presence of the Poll Clerk, or if the elector
so desires, in the presence of a person appointed by the elector, instead of
the Poll Clerk-
(a) mark and fold the ballot-paper issued to the elector by the Presiding
Officer; and
(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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97C.
Forms of absent voters' ballot-papers
Inserted by 1969 No. 155 r. 4
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97D.
Record of absent voters
Inserted by 1969 No. 155 r. 4
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97E.
Absent voters' ballot-papers-action taken by Assistant Returning Officer
Inserted by 1969 No. 155 r. 4
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.
Amended by 1981 No. 82 r. 1
(2) Where the Returning Officer or an Assistant Returning Officer has made a
parcel of envelopes bearing absent voters' declarations relating to a
District-
(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, registered post or courier service to that
Returning Officer or Assistant Returning Officer.
Amended by 1974 No. 165 r. 12
(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 Australian
Electoral Officer, of the total number of envelopes bearing absent voters'
declarations that are enclosed in the parcel so forwarded to him.
Added by 1981 No. 82 r. 1
(4) In paragraph (2) (b), ''courier service'' means a service approved by
the Chief Australian Electoral Officer that provides for the collection, at
the request of a person using the service, of an article from a place in
Australia specified by or on behalf of the person and the conveyance (whether
by aircraft or otherwise) and delivery of the article to another place in
Australia that is so specified.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 97F.
Custody of absent voters' ballot-papers
Inserted by 1969 No. 155 r. 4
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 repsect 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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 98.
List of electors who failed to vote
Division 3-Compulsory Voting
98. (1) The list of the names and descriptions of the electors enrolled for
a District who did not vote at an election, which is required to be prepared
by the Assistant Returning Officer for the District in respect of which he is
appointed to perform the duties of Assistant Returning Officer, under the
provisions of sub-section (2) of section 128A of the Commonwealth Electoral
Act, may be prepared in separate District Lists, which may be certified in
accordance with Form 27.
(2) All the District Lists shall together form the List for the Territory.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 99.
Notice to elector on list and reply by elector
99. (1) The notice to be sent under the provisions of sub-section (4) of
section 128A of the Commonwealth Electoral Act to each elector whose name
appears on the list shall be posted within three months after the close of the
election.
(2) The notice may be in accordance with Form 28.
(3) The form for the reply of the elector, which shall be filled up and
signed by the elector in the presence of a witness, may be in accordance with
Form 29.
Substituted by 1965 No. 132 r. 12; amended by 1974 No. 165 r. 4
(4) A person whose name appears on the Roll of electors for the Northern
Territory, for a State or for an Electoral Division of the Australian Capital
Territory, or a person entitled to be enrolled on such a Roll, is a witness
for the purposes of the last preceding sub-regulation.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 100.
Action where reason considered insufficient
100. (1) Where the reply of the elector states a reason for his failure to
vote which, in the opinion of the Assistant Returning Officer, is not a valid
and sufficient reason for that failure, the Assistant Returning Officer shall,
after indorsing on the list prepared by him his opinion in accordance with
sub-section (8) of section 128A of the Commonwealth Electoral Act, notify the
elector, in accordance with Form 30, of his opinion, and inform him that he
has the option of having the matter dealt with by the Returning Officer or by
a Court of Summary Jurisdiction.
(2) Any elector to whom a notification has been sent pursuant to the last
preceding sub-regulation, who desires the matter to be dealt with by the
Returning Officer and who is prepared to abide by the decision of that
officer, may notify the Assistant Returning Officer in accordance with Form
31, and may deposit with the Assistant Returning Officer such sum as that
officer determines, to be appropriated in payment of the penalty, if any,
which the Returning Officer imposes upon him.
(3) Upon the receipt from an elector who has failed to vote-
(a) of a notification consenting to the matter being dealt with by the
Returning Officer and to abide by the decision of that officer; and
(b) of the deposit specified in the last preceding sub-regulation,
the Assistant Returning Officer shall transmit the notification, together with
the elector's reply stating his reason for having failed to vote and the
Assistant Returning Officer's opinion thereon, to the Returning Officer.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 101.
Returning Officer may impose penalty
Sub-reg. (1) amended by 1965 No. 132 r. 13; 1967 No. 17 r. 11; 1974 No. 165
r.
12
101. (1) Subject to such directions as are issued by the Chief Australian
Electoral Officer, the Returning Officer shall, upon the receipt from an
Assistant Returning Officer of the documents mentioned in the last preceding
regulation, consider all the facts, and if satisfied that the elector
concerned has failed to vote at the election without a valid and sufficient
reason for that failure, he may make an order imposing upon that elector a
penalty of not less than Two dollars and not more than Four dollars, and
notify the Assistant Returning Officer thereof and the time allowed for
payment.
(2) Any penalty imposed by the Returning Officer in pursuance of this
regulation shall be a debt due to the Commonwealth, and in default of payment
within the time allowed, may be recovered in accordance with the provisions of
regulation 102 of these Regulations.
Amended by 1974 No. 165 r. 12
(3) The Chief Australian Electoral Officer may review any order made by a
Returning Officer in pursuance of this regulation, and may, if he is of
opinion that the circumstances justify such action, remit the penalty imposed
by the order.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 102.
Notification of imposition of penalty
102. The Assistant Returning Officer upon receipt of advice from the
Returning Officer that a penalty has been imposed upon any elector for a
contravention of paragraph (a) of sub-section (12) of section 128A of the
Commonwealth Electoral Act, may appropriate the deposit or portion thereof in
payment of the penalty, shall notify the elector, in accordance with Form 32,
of the amount of the penalty, and refund to the elector the balance, if any,
of the deposit.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 103.
Proceedings in Court of Summary Jurisdiction for failure to vote
Amended by 1974 No. 165 r. 12
103. Subject to such directions as are issued by the Chief Australian
Electoral Officer, the Assistant Returning Officer shall-
(a) if he is satisfied that there has been a contravention of paragraph (a)
of sub-section (12) of section 128A of the Commonwealth Electoral Act by an
elector, and the elector has not, within the time allowed, intimated that he
consents to the matter being dealt with by the Returning Officer, and
deposited the sum specified in sub-regulation (2) of regulation 100 of these
Regulations; or
(b) if he is satisfied that there has been a contravention of paragraph (b)
of sub-section (12) of section 128A of the Commonwealth Electoral Act by an
elector; or
(c) if he is satisfied that there has been a contravention of paragraph (c)
of sub-section (12) of section 128A of the Commonwealth Electoral Act by an
elector,
forthwith cause proceedings to be taken against the elector in a Court of
Summary Jurisdiction.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 104.
Court to consider elector's reply stating reason for failure to vote
104. (1) In any proceedings which are instituted in a Court of Summary
Jurisdiction, pursuant to paragraph (a) of the last preceding regulation, the
Assistant Returning Officer shall send to the Court the elector's reply, if
any, stating his reason for having failed to vote. (2) The Court shall,
whether the defendant is present or not, consider the contents of the reply as
if it were given in evidence before the Court.
(3) If the defendant attends the Court, and sets up a defence differing in
substance from the statement contained in his reply, the Court shall, if it
dismisses the information, do so without awarding the defendant the costs of
his defence.
(4) A copy of this regulation shall be printed on the back of the form of
summons.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 105.
Proceedings in Court for failure by elector to reply to notice issued
105. (1) In any proceedings in a Court of Summary Jurisdiction against an
elector for a contravention of paragraph (b) of sub-section (12) of section
128A of the Commonwealth Electoral Act, there shall be served on the defendant
a notice that the defendant may attend the Court and answer the charge in
person, or may, at any time, not less than seven days before the date fixed
for the hearing, lodge with or send by post to the prosecuting officer a
statutory declaration setting out any matter which he desires to set out in
answer to the charge, and that, unless the prosecuting officer withdraws the
charge, the declaration will be sent to the Court for consideration of the
matter set out therein as if it were given in evidence before the Court,
subject to any evidence in reply adduced by the prosecuting officer. The
notice may be printed or written on the summons or may be by separate document
served therewith.
(2) Where a statutory declaration is received by the prosecuting officer, in
pursuance of the last preceding sub-regulation, he shall, as far as it is
practicable for him to do so, inquire into the truth of the statements therein
set out, and shall, unless he withdraws the prosecution, bring the declaration
to the notice of the Court.
(3) The Court shall, at the hearing of the case, consider the statutory
declaration (whether the defendant is present or not) as if the matter therein
set out were given in evidence before it, but if the defendant attends the
Court, and sets up a defence differing in substance from the statement
contained in his declaration, the Court shall, if it dismisses the
prosecution, do so without awarding the defendant the costs of his defence.
(4) The Court may, in its discretion, on the application of the prosecuting
officer, adjourn the hearing for any period it thinks fit, to enable that
officer to answer the declaration.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 106.
Evidence in Court of Summary Jurisdiction
106. (1) In any prosecution in a Court of Summary Jurisdiction in respect of
any contravention of paragraphs (a) or (b) of sub-section (12) of section 128A
of the Commonwealth Electoral Act, the prosecuting officer may lodge with the
Court a statutory declaration in accordance with Form 33, together with a
certified extract in accordance with Form 34, and it shall not then be
necessary for him to attend at the hearing.
(2) Where a statutory declaration and certified extract have been lodged as
provided by this regulation, and the prosecuting officer is not present at the
hearing, the Court shall proceed with the hearing and determination of the
case in his absence and shall consider the statutory declaration and certified
extract as if the matter set out therein had been given in evidence before it,
and shall, notwithstanding the absence of the prosecuting officer, permit
evidence to be given for the prosecution by any witness who is summoned by, or
attends on behalf of, the prosecuting officer.
(3) For the purposes of this regulation any document purporting to be a
statutory declaration shall be accepted as such by the Court without proof of
the signature thereon or proof of the authority of the person before whom it
purports to have been made to take statutory declarations.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 107.
The scrutiny
PART X-THE SCRUTINY
Division 1-General Provisions
107. The result of the polling shall be ascertained by scrutiny.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 108.
Scrutineers at the scrutiny
108. Each candidate may by notice in writing or by telegram addressed to the
Returning Officer or Assistant Returning Officer, as the case requires,
appoint one scrutineer to represent him at the scrutiny at each place at which
the scrutiny is being conducted, and such notice or telegram shall be signed
by the candidate and shall give the name and address of the scrutineer.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 109.
The scrutiny-how conducted
109. The scrutiny shall be conducted as follows:
(a) It shall commence as soon as practicable after the closing of the
poll;
(b) Such scrutineers as have been duly appointed pursuant to the last
preceding regulation, and any persons approved by the officer conducting the
scrutiny, may be present;
(c) All proceedings at the scrutiny shall be open to the inspection of the
scrutineers;
(d) The scrutiny may be adjourned from time to time as may be necessary
until the counting of the votes is complete.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 110.
Action on objections to ballot-papers
110. (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.
(2) Nothing in this regulation shall prevent the officer conducting the
scrutiny from rejecting any ballot-paper as being informal although it is not
objected to.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 111.
Informal ballot-papers
Sub-reg. (1) amended by 1969 No. 155 r. 5
111. (1) A ballot-paper, not being an absent voter's ballot-paper, shall be
informal if-
(a) it is not authenticated by the initials of the proper officer, or by an
official mark as prescribed by these Regulations;
(b) it has no vote indicated on it or it does not indicate the voter's
first preference for one candidate and his contingent votes for all the
remaining candidates:
Provided that, where the voter has indicated his first preference for one
candidate and his contingent votes for all the remaining candidates except one
and the square opposite the name of that candidate has been left blank, it
shall be deemed that the voter's preference for that candidate is his last and
that accordingly he has indicated the order of his preference for all the
candidates:
Provided further that, where there are two candidates only and the voter
has indicated his vote by placing the figure 1 in the square opposite the name
of one candidate and has left the other square blank, the voter shall be
deemed to have indicated the order of his preference for all the candidates;
(c) it has upon it any mark or writing (not authorized by these Regulations
to be put upon it) by which, in the opinion of the Returning Officer, or the
Assistant Returning Officer, as the case requires, the voter can be
identified:
Provided that paragraph (c) shall not apply to any mark or writing placed
upon the ballot-paper by an officer, notwithstanding that the placing of the
mark or writing upon the ballot-paper is a contravention of these
Regulations;
(d) in the case of a postal vote it is not contained in the envelope
bearing the postal vote certificate and the declaration of the elector.
(2) A ballot-paper shall not be informal for any reason other than the
reasons specified in this regulation, but shall be given effect to according
to the voter's intention so far as his intention is clear.
Sub-reg. (3) omitted by 1977 No. 78 r. 1
* * * * * * * *
Regulation 111A repealed by 1977 No. 78 r. 2
* * * * * * * *
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 112.
Officer not to mark ballot-paper except as authorized
Amended by 1967 No. 17 r. 11
112. Except as authorized by these Regulations, an officer shall not place
upon any ballot-paper any mark or writing which would enable any person to
identify the voter by whom it is used.
Penalty: Twenty dollars.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 113.
Scrutiny of ordinary votes
Division 2-Provisions relating to the Scrutiny of Ballot-papers in Form 19 or
20
113. The scrutiny of ballot-papers in Form 19 or Form 20 shall, subject to
the provisions of these Regulations, be conducted in the following manner:
The Returning Officer (or Assistant Returning Officer, as the case may be)
shall, in the presence of a presiding officer or poll clerk and of such
authorized scrutineers as may attend-
(a) open all ballot-boxes received from all polling places within the
district;
(b) 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;
(c) count the first preference votes given for each candidate on all
unrejected ballot-papers;
(d) make out and sign a statement (which may be countersigned by a
presiding officer or a poll clerk, and, if they so desire, by such scrutineers
as are present) setting out the number of first preference votes given for
each candidate, and the number of informal ballot-papers, and if he is an
Assistant Returning Officer transmit that information by telegram or other
expeditious means to the Returning Officer forthwith;
(e) place in a separate parcel all the ballot-papers which have been
rejected as informal; and
(f) seal up the parcels and indorse on each parcel a description of the
contents thereof, and permit any scrutineers present, if they so desire, to
countersign the endorsement.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 114.
Assistant Returning Officer may exercise powers
Division 3-Provisions relating to the Scrutiny of Postal Votes
114. An Assistant Returning Officer appointed for a District may perform in
respect of that District the duties, and exercise the powers, of the Returning
Officer under this Division of this Part of these Regulations.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 115.
Scrutiny of postal votes
Sub-reg. (1) amended by 1961 No. 132 r. 15; 1981 No. 141 r. 1
115. (1) The scrutiny of postal votes recorded on or before the day fixed
for the polling and received by the Returning Officer, Assistant Returning
Officer, as the case requires, within 10 days after the day fixed for the
polling shall be conducted, with the assistance of an officer of the Public
Service of the Commonwealth or the Territory, in the presence of such
authorized scrutineers as choose to attend and any other persons approved by
the Returning Officer or Assistant Returning Officer, as the case requires.
(2) In the absence of evidence to the contrary, the date appearing in the
declaration of an elector shall be taken as the date upon which the elector's
vote was recorded.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 116.
Manner of preliminary scrutiny of postal votes
Amended by 1961 No. 132 r. 16; 1965 No. 132 r. 14; 1966 No. 146 r. 9; 1967
No.
17 r. 2; 1981 No. 141 r. 2
116. The Returning Officer, or the Assistant Returning Officer, as the case
requires, shall-
(a) at such intervals as he determines, after the close of the polling,
produce and open the postal voters' ballot-box in which the envelopes
containing the voters' ballot-papers have been placed and produce unopened all
envelopes containing postal votes, received within 10 days after polling day:
Provided that the Returning Officer or Assistant Returning Officer, as
the case requires, shall, as far as practicable, keep in the ballot-box
sufficient envelopes containing ballot-papers to insure that all
ballot-papers, when counted, shall be taken from a number sufficient to
prevent the identity of voters from being disclosed;
(b) compare the signature of the elector on his declaration with the
signature of the same elector on his application, or if there is no
application, on his claim for enrolment kept by the Registrar, and allow the
scrutineers to inspect both signatures, for which purpose the Registrar shall
make the claim cards available to the Returning Officer or Assistant Returning
Officer, as the case requires;
(c) if satisfied that the voter's signature on his declaration is that of
the elector who signed the application or the claim for enrolment and that the
signature purports to be witnessed by an authorized witness, accept the
ballot-paper for further scrutiny, and place a mark against the name of the
elector on a certified copy of the Roll to be used by him for the purposes of
the scrutiny, but if not so satisfied, disallow the ballot-paper without
opening the envelope in which it is contained;
(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;
(d) place in one parcel the unopened envelopes bearing the duly signed and
attested declarations of those persons whose ballot-papers have been accepted
for further scrutiny;
(e) place in another parcel the unopened envelopes bearing the declarations
of those persons whose ballot-papers he has disallowed, fasten, and seal the
parcel, indorse thereon the words ''Postal voters' ballot-papers rejected at
the preliminary scrutiny'', and add the name of the District, his signature,
and the date;
(f) place the envelopes containing the ballot-papers which he has decided
to accept for further scrutiny before him on a table in such a manner that the
address side of each envelope shall be visible;
* * * * * * * *
(h) without further examining the certificate or declaration of any voter
or permitting any other person to do so, withdraw from the envelope each
ballot-paper contained therein, and, without inspecting or unfolding such
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
(i) place the envelopes in a parcel, indorsed with the words ''Envelopes
bearing postal voters' declarations from which ballot-papers have been
withdrawn for further scrutiny'', fasten and seal the parcel, and add the name
of the District, his signature, and the date.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 117.
Further scrutiny of postal votes
117. (1) At the further scrutiny, the Returning Officer or the Assistant
Returning Officer, as the case requires, shall, at such intervals as he
determines, open the ballot-box referred to in regulation 116 (h) of these
Regulations, examine the postal voters' ballot-papers contained therein, and
shall take similar action to that set out in sub-paragraphs (b), (c), (d), (e)
and (f) of regulation 113 of these Regulations.
(2) The Assistant Returning Officer shall, after each examination of postal
ballot-papers and counting of the first preference votes thereon, inform the
Returning Officer by telegram or other expeditious means of the total number
of first preference votes given for each candidate on all ballot-papers
scrutinized by him to that date and the total number of informal votes.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118.
Scrutiny of regulation votes
Division 4-Scrutiny of Votes Recorded under
Regulations 78, 79 and 91
Amended by 1965 No. 132 r. 15
118. The provisions relating to the scrutiny of postal votes shall be
applied as nearly as practicable to the scrutiny of votes recorded in
pursuance of regulations 78, 79, and sub-regulation (3) of regulation 91 of
these Regulations.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118A.
Scrutiny of absent voters' ballot-papers
Division 4A-Scrutiny of Absent Votes
Division 4A inserted by 1969 No. 155 r. 6
Inserted by 1969 No. 155 r. 6
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118B.
Preliminary scrutiny
Inserted by 1969 No. 155 r. 6
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 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.
Amended by 1981 No. 82 r. 2
(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,
the officer conducting the scrutiny certifies that the name of the elector
appears on the record forwarded to him by the Presiding Officer under
sub-regulation 97D (2).
(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 (e) of sub-regulation (1) of this
regulation but sufficient uncounted ballot-papers shall be kept in the
ballot-box to ensure that any ballot-papers for an election that are taken
from a ballot-box for the purpose of being counted are taken from a number
sufficient to prevent the identity of the electors from being disclosed.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118C.
Further scrutiny
Inserted by 1969 No. 155 r. 6
118C. At the further scrutiny, the officer conducting the scrutiny shall
open the ballot-box referred to in paragraph (e) of sub-regulation (1) of the
last preceding regulation, examine the absent voters' ballot-papers contained
therein, and shall-
(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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118D.
Informal absent voters' ballot-papers
Inserted by 1969 No. 155 r. 6
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 (d) of sub-regulation (1) of this regulation does not apply to
or in relation to a mark or writing placed upon a ballot-paper by an officer
whether or not the placing of the mark or writing upon the ballot-paper
contravenes the law.
(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.
Sub-reg. (7) omitted by 1977 No. 78 r. 3
* * * * * * * *
Regulation 118DA repealed by 1977 No. 78 r. 4
* * * * * * * *
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118E.
Objections by scrutineer to ballot-paper
Inserted by 1969 No. 155 r. 6
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118F.
Parcelling of ballot-papers
Inserted by 1969 No. 155 r. 6
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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118G.
Opening of sealed parcels of ballot-papers
Inserted by 1969 No. 155 r. 6
118G. (1) 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 (a) of the last preceding sub-regulation, the
ballot-papers shall be dealt with in accordance with Division 5 of Part X.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118H.
Opening of sealed parcels of declarations
Inserted by 1969 No. 155 r. 6; amended by 1974 No. 165 r. 12
118H. 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 Australian Electoral Officer, for
the purpose of instituting an authorized official inquiry.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 118J.
Preservation of ballot-papers and declarations
Inserted by 1969 No. 155 r. 6; amended by 1974 No. 165 r. 12
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 Australian Electoral
Officer.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 119.
Determination of result of election of member of House of Representatives for
Territory
Division 5-Mode of Determining the Result of the Scrutiny
(A) ELECTION OF MEMBER OF THE HOUSE OF REPRESENTATIVES FOR THE
TERRITORY
119. (1) The Returning Officer, from the scrutiny of the votes counted by
him, and from the information received from the Assistant Returning Officers,
shall ascertain the total number of first preference votes given for each
candidate.
(2) The candidate who has received the largest number of first preference
votes shall, if that number constitutes an absolute majority of votes, be
elected.
(3) If no candidate has received an absolute majority of first preference
votes a second count shall be made. For the purpose of the second count the
Returning Officer shall notify the Assistant Returning Officers of the name of
the candidate who has received the fewest first preference votes.
(4) On the second count the sealed parcels of ballot-papers may be opened by
the Returning Officer or the Assistant Returning Officer, as the case
requires. The candidate who has received the fewest first preference votes
shall be excluded, and each ballot-paper counted to him shall be counted to
the candidate next in the order of the voter's preference. The Assistant
Returning Officer shall communicate, by telegram, the result of the count made
by him, to the Returning Officer, who shall from the information so received
and from the count made by him ascertain the result of the second count.
(5) If a candidate then has an absolute majority of votes he shall be
elected, but if no candidate then has an absolute majority of votes, the
process of excluding the candidate who has the fewest votes and counting each
of his ballot-papers to the unexcluded candidate next in the order of the
voter's preference shall be repeated by the Returning Officer, and by the
Assistant Returning Officer under the directions of the Returning Officer
until one candidate has received an absolute majority of votes.
(6) The candidate who has received an absolute majority of votes shall be
elected.
(7) If on any count two or more candidates have an equal number of votes,
and one of them has to be excluded, the Returning Officer shall decide which
shall be excluded; and if in the final count two candidates have an equal
number of votes, the Returning Officer shall decide by his casting vote which
shall be elected, but, except as provided in this sub-regulation, he shall not
vote at the election.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 120.
Scrutiny of votes in Legislative Assembly elections
Sub-heading amended by 1960 No. 1 r. 9
Substituted by 1956 No. 74 r. 11
Sub-reg. (1) amended by 1960 No. 1 r. 10; 1974 No. 165 r. 9
(B) ELECTION OF A MEMBER OF THE LEGISLATIVE COUNCIL FOR THE
TERRITORY
120. (1) The result of an election of a member of the Legislative Council
shall be determined by scrutiny in the following manner:
(a) The Returning Officer shall ascertain the total number of first
preference votes given for each candidate.
(b) The candidate who has received the largest number of first preference
votes shall, if that number constitutes an absolute majority of votes, be
elected.
(c) If no candidate has received an absolute majority of votes, a second
count shall be made.
(d) On the second count the sealed parcels of ballot-papers may be opened
by the Returning Officer. The candidate who has received the fewest first
preference votes shall be excluded and each ballot-paper counted to him which
shows a second or consecutive preference for a candidate after the voter's
first preference for a candidate shall be counted to the candidate next in the
order of the voter's preference.
(e) If a candidate then has an absolute majority of votes he shall be
elected, but if no candidate then has an absolute majority of votes, the
process of excluding the candidate who has the fewest votes and counting each
of his ballot-papers 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.
(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.
(g) If, on any count, two or more candidates have an equal number of votes
and one of them has to be excluded, the Returning Officer shall decide which
shall be excluded. If, in the final count, two candidates have an equal number
of votes, the Returning Officer shall decide by his casting vote which shall
be elected.
Sub-reg. (2) omitted by 1977 No. 78 r. 5
* * * * * * * *
Amended by 1960 No. 1 r. 10
(3) Except as provided in paragraph (g) of sub-regulation (1) of this
regulation, the Returning Officer shall not vote at an election.
Added by 1974 No. 165 r. 9; amended by 1977 No. 78 r. 5
(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, 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.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 121.
Further provisions relating to scrutiny
Sub-reg. (1) amended by 1974 No. 165 r. 10
(C) GENERAL
121. (1) In these Regulations, unless the contrary intention appears, an
''absolute majority of votes'' means a greater number than one-half of the
whole number of ballot-papers other than informal ballot-papers. The casting
vote of the Returning Officer (or the Assistant Returning Officer, as the case
may be), given in pursuance of regulation 119 or 120, shall be included in
reckoning an absolute majority of votes.
(2) The Returning Officer, and the Assistant Returning Officer, conducting
the scrutiny shall, in respect of ballot-papers, respectively scrutinized by
them-
(a) place in a separate parcel all the ballot-papers which have been
rejected as informal;
(b) place in a separate parcel all the unrejected ballot-papers; and
(c) seal up the parcels and indorse on each parcel a description of the
contents thereof, and permit any scrutineers present, if they so desire, to
countersign the indorsement.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 122.
Scrutiny may proceed in certain circumstances without awaiting postal votes
Amended by 1974 No. 165 r. 12
122. Where the Returning Officer is satisfied that the votes on any postal
ballot-papers which have been issued under these Regulations, but which have
not been received by him or the Assistant Returning Officer for the District
for which the elector is enrolled, cannot, having regard to the number of
those ballot-papers, possibly affect the result of the election, the Returning
Officer may, subject to the concurrence of the Chief Australian Electoral
Officer, cause the scrutiny to be proceeded with without awaiting the receipt
of the postal ballot-papers.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 122A.
Appointment of Magistrate
Division 6-Recount of Ballot-papers
Inserted by 1965 No. 15 r. 3
122A. For the purposes of this Division, the Administrator shall appoint a
person who holds office as a Stipendiary Magistrate under the Justices
Ordinance 1928-1961 of the Northern Territory to be the Magistrate for the
purposes of this Division, and a reference in this Division to the ''the
Magistrate'' is a reference to the person so appointed.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 123.
Recount of ballot-papers
Sub-reg. (1) amended by 1974 No. 165 r. 12
123. (1) At any time before the declaration of the result of an election the
Returning Officer or the Assistant Returning Officer may, if he thinks fit, on
the request of any candidate setting forth the reasons for the request, or of
his own motion, and shall, if so directed by the Chief Australian Electoral
Officer, recount the ballot-papers contained in any parcel.
(2) The Returning Officer or Assistant Returning Officer when conducting a
recount shall have the same powers as if the recount were the scrutiny, and
may reverse any decision in relation to the scrutiny as to the allowance and
admission or disallowance and rejection of any ballot-paper.
Amended by 1965 No. 15 r. 4
(3) The officer conducting a recount may, and at the request of any
scrutineer shall, reserve any ballot-paper for the decision of the Magistrate.
Amended by 1965 No. 15 r. 4
(4) The Magistrate shall decide whether any ballot-paper, reserved for his
decision in pursuance of this regulation, is to be allowed and admitted or
disallowed and rejected.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 124.
Consideration of ballot-papers by Court of Disputed Returns
Amended by 1965 No. 15 r. 5
124. In the event of the validity of an election being disputed, the Court
of Disputed Returns may consider any ballot-papers which were reserved for the
decision of the Magistrate, but shall not order any further recount of the
whole or any part of the ballot-papers in connexion with the election unless
it is satisfied that the recount is justified.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 125.
Proceedings at recount
125. (1) Before proceeding to recount any ballot-papers, the Returning
Officer or Assistant Returning Officer, as the case requires, shall send to
each candidate notice of the time and place fixed for the recount.
(2) The Returning Officer or Assistant Returning Officer, as the case
requires, shall, at the time and place fixed for the recount, in the presence
of the scrutineer or scrutineers in attendance, and of an officer of the
Public Service of the Commonwealth or the Territory, open every sealed parcel
of ballot-papers to be recounted, and shall count the votes therein.
(3) Each parcel of ballot-papers to be recounted shall be opened separately
without destroying or rendering illegible any indorsement on the parcel, and
every care shall be taken to prevent the ballot-papers in the parcel from
being mixed with the ballot-papers in any other parcel.
(4) After a parcel has been opened and the votes therein counted, the
ballot-papers shall be replaced in their original cover, which shall be
resealed, refastened, and then placed in a new cover, which shall be sealed
and fastened, and an indorsement shall be made thereon of the fact and date of
the recount, and shall be signed by the Returning Officer or Assistant
Returning Officer, as the case requires, and such persons authorized to be
present at the recount as choose to add their signatures.
Amended by 1965 No. 15 r. 6
(5) When any ballot-papers are, at a recount, reserved for the decision of
the Magistrate, the Returning Officer or Assistant Returning Officer, as the
case requires, shall, in the presence of the scrutineer or scrutineers in
attendance, place the ballot-papers in a properly fastened and sealed parcel
bearing his signature and the signature or signatures of the scrutineer or
scrutineers, together with an indorsement setting forth the number of
ballot-papers contained therein, the election to which the ballot-papers
relate and the date; and shall place the parcel in a fastened and sealed outer
cover fully addressed to the Magistrate, and forthwith personally deliver the
parcel to him or transmit it to him by registered post.
Amended by 1965 No. 15 r. 6
(6) On receipt of the parcel, the Magistrate shall, in the presence of an
officer of the Public Service of the Commonwealth or the Territory, and, if
any candidate so desires, in the presence of a person appointed by that
candidate, open the parcel and scrutinize the ballot-papers and shall mark
each ballot-paper ''Admitted'' or ''Rejected'' according to his decision to
admit or reject the ballot-paper.
Amended by 1965 No. 15 r. 6
(7) When the Magistrate has given his decision on the ballot-papers, he
shall restore them to their original cover, refasten, and reseal the cover,
and indorse thereon-
(a) the number of ballot-papers contained therein;
(b) a statement that such ballot-papers have been the subject of decision
by him;
(c) his signature and the date;
and shall request the persons in whose presence he scrutinized the
ballot-papers to add their signatures, and shall then place the parcel in a
new cover, which he shall fasten, seal, and forthwith return by registered
post to the Returning Officer or Assistant Returning Officer, as the case
requires.
Amended by 1965 No. 15 r.6
(8) The Magistrate shall advise the Returning Officer or Assistant Returning
Officer, as the case requires, in writing, as to the number of ballot-papers
admitted or rejected by him, and the Magistrate's decision shall be accepted
by the Returning Officer or Assistant Returning Officer, as the case requires,
in completing his recount of the ballot-papers.
Amended by 1965 No. 15 r.6
(9) The receipt of every parcel of ballot-papers shall be acknowledged in
writing by the Magistrate and the Returning Officer or Assistant Returning
Officer respectively.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 126.
Declaration of result of election and return of Writ
PART XI-RETURN OF THE WRIT
126. (1) The Returning Officer shall, as soon as conveniently may be after
the result of the election has been ascertained-
(a) at the place of nomination publicly declare the result of the election
and the name of the candidate, or names of the candidates, elected;
(b) by indorsement under his hand certify on the Writ the name of the
candidate, or names of the candidates, elected, and return the Writ.
Amended by 1974 No. 165 r. 12
(2) Where the Returning Officer is satisfied-
(a) that certain postal ballot-papers cannot reach him or the Assistant
Returning Officer for the District for which the elector is enrolled for the
purpose of the scrutiny without unduly delaying the declaration of the poll;
and
(b) that the votes recorded on those ballot-papers could not possibly
affect the result of the election,
he may subject to the concurrence of the Chief Australian Electoral Officer
declare the result of the election and return the Writ without awaiting the
receipt of the postal ballot-papers.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 127.
Undertaking by officers and scrutineers
PART XII-MISCELLANEOUS
Sub-reg. (1) amended by 1956 No. 74 r. 12
127. (1) The Returning Officer and every Assistant Returning Officer for a
District, Assistant Returning Officer at a place outside Australia, presiding
officer, assistant presiding officer, substitute presiding officer, poll
clerk, and scrutineer shall make and subscribe an undertaking in accordance
with Form 37.
(2) An omission by any officer or scrutineer to sign or subscribe the
undertaking required by this regulation shall not be a ground for setting
aside any election.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 128.
Official mark
128. The official mark for the authentication of ballot-papers shall be a
water-mark in the paper thereof consisting of a representation of a shield
having therein the letters ''C.A.'' intertwined.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 129.
Withdrawal of consent to nomination
129. The notice of withdrawal by a candidate of his consent to nomination
may be in accordance with Form 38, and shall be signed by the candidate in the
presence of the officer with whom the nomination was lodged or of a Justice of
the Peace.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 130.
Sealed parcels to be preserved
Amended by 1974 No. 165 r. 12
130. The Returning Officer and Assistant Returning Officers shall preserve
all the sealed parcels of ballot-papers until the authority of the Chief
Australian Electoral Officer has been obtained for their destruction.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 131.
Sealed parcels not to be opened except by authority
131. (1) The sealed parcels of ballot-papers may only be opened-
(a) for the purpose of an authorized recount; or
(b) by direction of the Court of Disputed Returns.
Amended by 1974 No. 165 r. 12
(2) The sealed parcel of postal vote certificates and 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
such directions as he may receive from the Chief Australian Electoral Officer,
for the purpose of instituting any authorized official inquiry.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 132.
Forms
132. Strict compliance with the forms in the Schedule shall not be required,
and substantial compliance shall suffice for the purposes of these
Regulations.
NORTHERN TERRITORY ELECTORAL REGULATIONS - SECT. 133.
Application of Electoral Act
Sub-reg. (1) substituted by 1961 No. 132 r. 17
133. (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.
Amended by 1961 No. 132 r. 17
(2) The Commonwealth Electoral Act in its application in the Northern
Territory and in its application in relation to the Legislative Council for
the Territory-
(a) is, to the extent to which it is inconsistent with these Regulations,
modified and adapted accordingly; and
(b) is further modified and adapted in the manner indicated in the Second
Schedule to these Regulations.
Inserted by 1961 No. 132 r. 17; amended by 1974 No. 165 r. 12
(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 Australian 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.
Added by 1957 No. 3 r. 1
(3) Part XVIII of the Commonwealth Electoral Act, in its application in
relation to the Legislative Council for the Territory, is further modified in
the manner indicated in the Third Schedule to these Regulations.
-----------------
NORTHERN TERRITORY ELECTORAL REGULATIONS - SCHEDULE 1
SCH
SCHEDULE 1
FORM 1
Regulation
14
19
COMMONWEALTH OF AUSTRALIA
ELECTORAL ROLL
THE NORTHERN TERRITORY
Roll of Electors for the District of (here insert the name of District). No.,
Name in Full, Place of Living, Occupation, and Sex of each Elector.
M signifies Male, F signifies Female.
(Here follow Names, &c.)
-------
Amended by 1949 No. 61 r 15; 1965 No. 132 r. 16; 1967 No. 17 r. 3; 1973 No.
64
r. 6
SCH
FORM 2
Regulation
23
COMMONWEALTH OF AUSTRALIA
THE NORTHERN TERRITORY
ELECTORAL CLAIM
SURNAME-
CHRISTIAN NAMES-
(In full)
PLACE OF LIVING-
(Give full address)
OCCUPATION-
Sex
The following particulars relating to claimant will not appear on the Roll,
but must be stated on this card.
Date and year Place Former
of birth of birth surname
TO THE ELECTORAL REGISTRAR for the District of the Northern
Territory.
1. I am an inhabitant of Australia and have lived therein for six months
continuously.
2. I am a British subject, am not under the age of 18 years, and am
qualified
to be enrolled as an elector.
3. I claim to have my name and particulars for enrolment placed on the
Electoral Roll for the abovenamed District, in which I now live and have
lived
for a period of not less than one month immediately preceding the date of
this
Claim.
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:
I declare that the whole of the statements made in this Claim are true to
the
best of my knowledge and belief.
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