Parliamentary Elections Act 1906 (NSW)

222   Act No. 41, 190G.

Parliamentary Elections.

Act No. 41, 190G.

All Act to amend the Parliam entary Electorates and Elections Act, 1902, and the Constitution Act, 1902; to rejical the Parliam entary Elec­ tions (Amendment) Act, 1900, and for other purposes, \_lleserved— Vdtli December, 1900.]

it cuactod by the King’s ^lost Excellent Majesty, by and with J 3 the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows

1 3

PAllT I.

P reliminary.

Sliort title and 1. This Act may be cited as the Parliamentary Elections Act,

incorporatinn.

lUOG,” and shall be construed with the Parliamentary Electorates and

Elections Act, 1902, bercinafter referred to as the Principal Act.

Division of Act. 2. This Act is divided into I’arts, as follows ;—

PAllT I.—P r e l im in a r y —ss. 1-8.

PAllT 11.—M a k i n g of l ist s a n d r o l l s— ss. 9-21.

PAKT 111.—A d d i t i o n s a n d a l t e r a t i o n s — ss. 25-12.

PAllT IV'.—N o m i n .v t io n a n d e l e c t i o n — ss. 43-59.

PART	Y . — R e - e l e c t i o n	o f	m i n i s t e r s — s. 6 0 .
PART	VI.—A l l o w a n c e s	t o	m e m b e r s — s. 61.

Repeal. 3. (1) The enactments of the Principal Act, mentioned in Schedule One, and all the enactments of the Parliamentary Elections (Amendment) Act, 1903, are repealed.

(2) The Principal Act is amended in the manner described

in Schedule Two.

Definitions. 4. In this Act—

“ Minister ” means Colonial Secretary.

“ Proclaimed ” means published by proelamation.

“ Proclamation” means proclamation by the Governor in the

Gazette.

“ Registrar” means registrar of the district.

Divisions aboiisiied. 5. (1) All cxistiug divisioiis of distilcts ai’c abolislicd, and no fresh divisions shall be made.

Electors’ rights. (2) Electors’rights are abolislicd.

Act No. 41, 1906.	223
1?arliamentary Elections.

6. The Minister may, by notice in the Gazette,— PoiiinK-pkces.

(a)	appoint a chief polling-place for each district at which the returning officer may preside;
(b)	appoint such other polling-places for each district as he thinks necessary ;

(c) abolish any polling-placi';

(d) establish any polling-place area for any specified polling-place and fix its boundaries ;

(e) alter the boundaries of any polling-place area :

Provided that no polling-place shall be appointed or abolished, or polling-place area be established or altered, after the issue of the writ and before the time appointed for its return.

7. Aphen--■ Cliiinge of electors

(a) a polling-place is appointed or abolished ; or pw tranothef

(b) a polling-place area is established or altered; or	̂	'
(c) the boundaries of a district are altered;

the Minister may, by notice in the Gazette, give such directions as are thereby rendered necessary or expedient for the change of electors from one roll to another, and effect shall be given to those directions in the prescribed manner.

8 . (1) The Minister shall appoint an elector.al registrar for each Aiipointmcnt ot

district, deputy registrars to kc'cp the parts of the roll for specified

polling-places, and such assistant registrars and other officers as may p	g 24.
l3e necessary.

(2) The registrar shall keep the parts of the roll for the C’th. Electoral, s. 9.

respective polling-places for his district for vdiich no deputy registrars

have been appointed.

(3) An assistant registrar shall have the powers of the Assistant registrar.

registrar.

PART II.

M a k i n g o e l i s t s a n d r o l l s .

Collection o f lists.

9. (1) Lists in the form preseribed of the names of the persons Collection of lists by

who appear to be entitled to be enrolled for the respective districts sball, as soon as practicable after the commencement of this Act, be prepared by members of the police force authorised by the Inspector- General of Police. Any such list shall be divided according to polling- places.

Each such member of the police force shall, before commencing to prepare such list, make the prescribed declaration.

(2)

224   Act No. 41, 1906.

arliamentary Elections.

(2) A copy of each part of a list relating to a polling-place shall he forwarded hy the memher of the police force who has prepared the same to the registrar or deputy registrar who is to keep the part of the roll for such polling-place.

Forms to be filled 10. Foi’ facilitating the making of any such list, any such member

up by iiousehoiders. policG foi’cc may rcquest any person in charge, or appearing to he in charge, of any dwelling-house, and who has been supplied with the prescribed form to fill up the same or cause it to he filled up with the name, nationality, and the prescribed particulars of and concerning each person of or above the age of twenty-one years living in such house, so far as he has knowledge or means of knowledge.

Additions to list by reyistrar.

Registrar may add 11. (1) The registrar may, prior to the printing of cojtics for

names to list. exhibition, place on the list for the district the names of any persons

̂w R e p e a l ™ t o liavo tlicir names placed on the roll for the district, and

may strike oif such list the names of deceased persons.

Claims to be placed

(2) Oil a claiiii being made prior to the printing of the list

hy any person showing that he is entitled to have his name jdaced on

I . p. (repca e ) district tlic registrar shall place his name on the list

for the district.

Exhibition o f list.

Copies of lists

exliibited. 12. Copies of the list for a district shall be exhibited at all

_ , police stations and jicst offices, and at such other places within the

c til Fieetoiai, 1903,	Chief Electoral Officer directs, and shall remain so
8. 3 i (repcalcvl).

exhibited for thirty days.

Eevision o f list.

Constitulion of

revising courts.	13. Any stipendiary or police magistrate proclaimed in that behalf shall constitute a revision court.	Such court shall sit in open
r.A ., 8.41.

court at a place of petty sessions and shall have the powers and duties conferred and imposed hy this Act. The clerk of petty sessions at such place sliall ho the revision clerk.

Powers of revision

courts.	14. (1) A revision court may adjourn from time to time, and if one hour after the time appointed for the holding of the court the magistrate he not present, the revision clerk may from time to time adjourn such court to another hour or day ;
P.A., s. 42.
Provided that no such court shall be adjourned for more than three days at a time, until the revision of the lists then before it be completed.

(2) The expenses incurred by such magistrates in the

discharge of their duties under this Act shall he dcfi’ayed out of

moneys to he provided hy Parliament, (3)

Act No. 41, 190C.	225
J?arliamentary Electio7ts.

(3) The revision court shall have the power to hear, receive, and examine evidence, and hy summons under the hand of the revision clerk to require all such persons as it thinks fit to apjiear personally before it, at a time and place to be named in such summons, and to produce to the court all such books and papers in their possession or under their control as may appear necessary. Any person so required who, without sufficient excuse, neglects or refuses to comply with such summons, or, having appeared before the said court, refuses without such excuse to be examined on oath or to take such oath, or, having taken such oath, to answer the questions put to him, may be dealt with as a person refusing or neglecting to appear or to give evidence before a court of petty sessions.

15. A revision court shall sit as soon as conveniently may be iicTision court to

after the expiration of the thirty days during which the list for a

district has been exhibited, on a day and at a place to be proclaimed, ̂38 (repadedp

and shall revise such list.

16. A revision court, in revising the list for a district, shall I’oners of revision

strike out the names of any person shown— ,

(a) to be dead; _ 45 (repealed).

(b) not to be qualified to have his name placed on the roll;

(c) to be disqualified ;

(d) not to reside or have his principal place of abode in the district;

and shall add to the list the names of all persons shown to be qualified to have their names placed on the roll, and generally by correcting mistakes and supplying omissions.

17. The registrar shall give at least twenty-one days’ pfiblic Notice of sitting of

notice, by advertisement in some newspaper or newspapers circulating

in the district, of the times and jfiaces fixed for the sittings of

revision court and of the paid of the list for specified polling-places ' ’	’
to be revised at the respective sittings of tlie court.

18. (1) Any person may, byAvriting, in duplicate, object to any objections,

name being placed on the roll fo ra district on any of the following/JjW.s. 41 (repealed),

grounds:—

(a)	that the person named is not qualified to have his name placed on the roll;
(b)	that the person named does not reside or have his principal place of abode in the district.

(2) Every such objection must be lodged with the registrar/jjy.s. 42(repealed),

at least fourteen days before the date fixed for the sitting of the revision court, and the duplicate copy of such objection shall forthwith be sent to the person whose name has been objected to.

(3) The rcgisti’ar shall, at least seven days before the sitting List to be published,

of the court, exhibit at all police stations and post-offices and at such /i«. 8.75 (repealed),

other places within the district as the chief electoral officer directs, a

l> list

22G	Act No. 41, 1906.
Parliamentary Elections.

list in the form of Schedule Three of all objections to he dealt with by the court at its next sitting, and serve j^ersonally or hy post on the person objected to notice of the objection.

Hearing before court, 19. (1) The objcctor and the pei’son whose name is objected to

C’th. Electoral, 1902, may appear before the revision court, and shall be heard.	If the
8. 48 (repealed).

"

objector or his agent do not appear, the objection shall be deemed to

be invalid.

Ihid, s. 74 (repealed).

(2) If any objection is not established, the court may award to the person whoso name is objected to a reasonable sum not exceeding five pounds for costs, and such person may recover the sum so awarded in any court of competent jurisdiction as a debt due to him by the objector,

The roll.

The roll constituted. 20 . (1) When the revision of the list fora district is completed,

Ihid. 8.49 (repealed),	the revised list shall be the roll for the district.
Ihid, s. 29.	(2) The rolls may he in the form of Schedule Four, or in the prescribed form, and shall describe the surname, Christian name, sex, place of residence, and occupation of each elector, and shall contain such other iiarticulars as are prescribed.
Arrangement of
parts of roll.	.21. Each part of a roll relating to a polling-place shall be kept separately, and the surname of the electors on each such part of the roll shall be arranged in alphabetical order according to the first letter of each name.
Ihid. 51 8. (repealed),
Supplemental rolU,	22. Supplemental rolls, setting out additions since the last print, shall also be kept, and, wherever practicable, printed immediately previous to a general election, and at such other times as the Minister directs.
Ihid. 8. 34.
A supplemental roll shall be deemed to be part of the roll for the district to which it relates.
Printing of rolls.	23. (1) Ilolls shall be printed whenever the Minister so directs. mental rolls for each district shall be open for public inspection at the office of the registrar and at the offices of each deputy registrar for the district witliout fee, and shall he obtainable thereat and at the office of the Government Printer and at such other places as the Minister may fix, at the ju’ices prescribed.

Ihid. 88. 33-35.	(2) The last printed copies of the roll and of the supple­
Rolls open to public
inspection.

New rolls. 24. A new roll for any district or new rolls for all districts

Ihid, 8. 32. shall be prepared whenever directed hy proclamation.

PAET

Act No. 41, 1906.	227
parliamentary Elections.

PART III.

A d d it io n s a n d a l t e r a t io n s .

Additions and transfers to rolls,

2 5 . New names may be added to a roll pursuant to— Addition of uew

'	(a) claims;	C’th. Electoral, 1902,
(b) applications to transfer ;	6. 55.
(c) lists prepared by direction of the Inspector-General of Police.

■ 26. (1) A claim may be in the form of Schedule Pive, and sball Forms of claims,

be signed by tlie claimant in presence of, and witnessed by, an elector, s. so.

and sball lie sent to the registrar or to the deputy registrar keeping the part of the roll for the polling-place where the claimant desires to vote. .

(2) If the claim is in order, the regist rar receiving the Registration of claims.

claim shall, pursuant thereto, enter the claimant’s name and the	Ihid. 8. 57.
particulars relating to him on the roll, and shall tile the claim ; but before entering the name on the roll, he shall, unless he thinks such course unnecessary, refer the claim to the officer in charge of the police within the district.

27. (1) Any elector whose name is on the roll for any district Transfer to another , district.

and who has resided in any other district for one month may transfer	Ihid. 8. 58.
his name to the roll for the district in Avhich lie resides.

(2) Every transfer shall be made by application to transfer Form ami method of

in tlie form of Schedule Six, and shall be signed bv tbe elector in

the presence of, and witnessed by, an elector, and sent to the registrar ̂

•

or deputy registrar keeping the part ot the roll to wliich the elector’s

name is to bo transferred.

(3) The registrar receiving such application shall note Eegistraiion of

thereon the date of its receipt by him, and shall file it in his office,

and shall register it hy placing the elector’s name on the roll for the '

district, and shall give notice of the transfer to the registrar or deputy .

registrar keeping the part of the roll from which the elector’s name

'

has been transferred, wbo shall thereupon remove the elector’s name

from the roll.

28. Lists of names prepared hy direction of the Inspector-Lius prepared by

General of Police shall be forwarded to the registrar, and such names may be added by the registrar or deputy registrar to the roll for the district. .

Change of 'polling-•place.

29.                (1) Any elector whose name is on a polling-place roll may change to another

make application in the prescribed form to be changed to another ™ii.

polling-place roll for the same district. ^

( 2)

228   Act No. 41, 1906.

Parliamentary Elections.

(2) The application to change shall he signed by the elector and witnessed hy an elector and sent to the registrar or deputy registrar keeping the polling-place roll to which the elector’s name is to he changed.

(3) The registrar receiving such application shall note thereon the date of its receipt hy him and shall tile it in his office, and shall, if it appears to him that the applicant is entitled to the change, register it by placing the elector’s name on the roll, and shall give notice of the change to the registrar or deputy registrar keeping the polling-place roll from which the elector’s name has been changed, who shall thereupon remove the elector’s name from the roll.

Formal alterations.

Alteration of rolls. 30. Tlic I’oll luav be altered by the registrar or deputy registrar,

C’th. Electoral, 1902, aS folloWS---

8. 62.	(a) hy correcting any obvious mistake or omission;
(b) hy changing, on the written application of the elector, the original name or address of the elector to an altered name or address;
(c) hy striking out the names of dead persons;
(d) hy reinstating any name struck out by mistake as the name of a dead person.

Alterations, when and how made.

Time for altering	31. Claims and applications to transfer received before the issue no addition to or alteration of the roll for any district shall be made during the period between the issue of the Avrit for an election in the district and the close of the polling at the election.
rolls.	of the Avrit may be registered after the issue of the Avrit, hut otherwise
Ihid. s. G4.
AlteratioriP, liow
made.	32. All alterations shall he made in such a manner that the original entry shall not he obliterated, and the reason for the alteration and the date thereof shall he set against the alteration, together Avith the initials of the officer making the alteration.
Ihid. s. 65.

List o f deaths.

Lists of deaths to be 33. ,The Eegistrar-General under the Eegistration of Births,

forwarded.	Deaths, and ]\Iarriages Act, 1899, shall, in the months of January,
Ihid, s. 6G.	April, July, and October in each year, fonvard or cause to he fonvarded to the registrar of each electoral district a list of the names, addresses, and occupations of all persons of the age of twenty-one years or upAA ards Avhose deaths have been registered in the district during the preceding three months; and the electoral registrar shall cause the names of the persons specified in the list to be struck off
the roll. Witnessing

Act No. 41, 1906.	229
1?arliamentary Elections.

TEitnessing apj)lications.

34.                If any person witness any claim or application directed by witm-ss to

this Act to be witnessed Avitbout satisfying himself by inquiry from

the claimant or applicant that the statements contained in tbe claim statoments.

or application arc true, be sball be liable to a penalty not exceeding c’tii. Kiectorai, i903,

live pounds.

Eemoval o f names from rolls.

36. Tbe Inspector-General of Police sball, from time to time, Scrutiny by police.

cause a scrutiny to be made of tbe roll for each district, and mark i‘ a ,	9.	3(i.
thereon the names of all persons wbo have died or ceased to reside in the district, and sball, after due inquiry has been made in tbe prescribed manner, cause the necessary action to be taken to remove such names from such roll.

36. Any name on a roll may be objected to by objection in Nanu's on roll may

writing lodged Avith or made by tbe ret^istrar : be objected to.

“ . . C’th niectoral.s. G7.

Provided that a sum of one sbilling shall be deposited in respect of each objection lodged by any person other than a member of the police force or an officer apjiointed under the Principal Act or this Act, to be forfeited to the King if the objection is held by the registrar to be frivolous.

37. The objection may be in tbe Form of Schedule Seven, and Objection,

sball be signed by an elector registered on tbe same roll, or by the

s oa,

registrar or a member of tbe police force, or an officer appointed under

the Principal Act or this Act.

38. I t is the duty of each registrar to ledge or make an Outy to object,

objection in Avriting setting forth tlic grounds of such objection in

s-fo.

respect of any name AA’hich be has reason to believe ought not to be

retained on the roll.

39. The registrar sball fortlnvith give notice of tbe objection Xotico of objection,

to the person objected to. Tlic notice may be in the prescribed form, lUJ. s. 70.

and be served by posting it to the last known place of abode of the person objected to, or, if that is not knoAvn, then to the place of abode appearing on the roll.

40. The person objected to may, orally or in Avriting, in the Answer to objection,

prescribed manner, ansAver the objection.

41. (1) On receipt of tbe ansAver of the person objected to, or Determination of

after the expiration of twenty days from the posting of the notice, the registrar shall determine the objection, and, if it appears that the person objected to is not qualified or entitled to be enrolled on tbe roll, shall strike out his name.

(2)

230   Act No. 41, 1900.

Parliamentary Elections.

(2) If any objection is held by tbe registrar to be frivolous, tbe person objected to sball be entitled to a reasonable allowance not exceeding five pounds, and tbe registrar shall award sucli sum to be paid by tbe objector, and, in default of payment, such sum may be recovered in any civil court as a debt due by the objector.

Appeals.

Appeal to court of

summarj 42. (1) Any person—’

jurisdiction. (a) wbo has made and sent in a claim to be enrolled upon a roll,

C’th. Electo:al, s. 73 and who has not been enrolled pursuant to the claim; or

(b) whose name has been struck off a roll by the registrar upon an objection by any person,

may, in manner prescribed, make ajiplication to a court, consisting of a stipendiary or police magistrate, authorised by the Governor to hear and determine electoral appeals, for an order that his name may be added or restored to the roll.

(2) AVhere an objection has been determined by the registrar adversely to the person objecting, that person (not being a member of the police force or an officer appointed under the Principal Act or this Act) may, in manner prescribed, apply to such court for an order sustaining the objection.

(3) AÂ bere the application has reference to the decision of the registrar upon an objection, the applicant shall, as prescribed, serve tbe objector or tbe person objected to (as the case may be) with notice of the application, and the person so served may appear, or may, in writing, authorise any person to appear on his behalf, to resist the application.

(4) The court may hear and determine any application under this section, and make such order as it thinks fit as to the costs of the application, which may be recovered in the same manner as the costs of any other proceeding before tbe magistrate sitting in petty sessions.

(5) Tbe clerk or other proper officer of the court shall send by post to the registrar a certified copy of the order of the court, and it shall be the duty of the registrar to make such entries (if any) upon the roll as are necessary to give effect to the order.

((5) A stipendiary or police magistrate sitting as such court shall, for the purposes of this section, be deemed to be, and shall have all the powers of, a court of petty sessions; and th.e Minister may appoint a clerk to such court who shall, for the purposes of this section, have all the powers and functions of a clerk of petty sessions.

PART

Act No. 41, 1906.	231
Parliamentary Elections.

PART IV.

N omination and election.

Qualification to he elected.

43.                The following shall take the place of subsection one ofQi>aiif!eation of

section sixty-two ot the Principal A c t:—	p ̂ ̂	(i)
“ Every male person qualified to vote at an election for any district shall he qualified to he nominated as a candidate and to he elected for that or any other district, unless disqualified under the Constitution Act, 1902, or the Principal Act, or the Eederal Elections Act, 1900.”

Nomination.

44. (1) Siihscd ion three of section sixty-two of the Principal Amendment of

Act is amended hy omitting the Avords “ six o’clock in the evening of

the day preceding,” and inserting the AAOrds “ noon on.”

(2) Section sixty-four of the said Act is amended hy omitting the AAmrds “ six o’clock in the ei'ening of the day jireccding,” and inserting the Avords “ noon on.”

Bcdlot-paioei's.

45.    (1) Ballot-papers to he used in an election shall he provided Baliot-pnpors to be

hy the returning ofiicer after a poll has been appointed. /ilVlilGS.

(2) Such papers shall he in the form of Schedule Eight, I'ofm of papers,

and the said Schedule shall he read in place of the Eighth Schedule

to the Prineijial Act.

46. In printing the hallot-2)apers— Printing baiiot-

(a)	the names of all candidates duly nominated shall h(' printed
in alphabetical order according to their surnames; ’ ‘
(h)	if tluT’c arc tAvo or more candidates of the same surname tlicir names shall he printed according to the alphabetical order of their Christian names, or if their Christian names are the same, then according to the alphabetical order of their residences, arranged and stated on the ballot-paper ;
(c)	Avhere similarity in the names of tAvo or more candidates is likely to cause confusion, the chief electoral officer or the returning officer for the district may arrange the names Avith such descrij)tion or addition as Avill distiiAguish them from one another;

(d) a square shall he printed opposite the name of each eandidate.

Polling.

232   Act No. 41, 1906.

1?arliamentary Elections.

Foiling.

Closing time of 47. Section seventy-six of tlie Principal Act is amended by

polling extended.

P.A., 8. 76.

adding the following words “ Provided that if at the said time any

C’th. Electoral,

electors are in the polling-hootli and desiring to vote, the votes of such

8. 137.

electors shall he taken, for which purpose the polling shall not close

until such electors have voted.”

Where electors maj

vote.

48. Any elector may vote at the polling-place for which he is eni’olled, or, if he is absent from the polling-place for which he is enrolled, may, if he makes and signs before the presiding officer a declaration in the form of Schednle Nine, vote at any other polling- place for the same district.

Ihid. 8.139.

Appointment of

polling-places

49. (1) The Governor, in any case in which he is satisfied that (2) "Whore an elector votes outside his district at a polling- place duly appointed under the last subsection, he shall deposit such ballot-paper in a ballot-box specially set apart for ballot-papers for the district in respect of which the voter claims to vote, and upon the close of the poll such ballot-papers shall he counted, as provided hy the Principal Act, and a statement of the number of votes recorded in such hallot-hox for each candidate shall he forthwith transmitted hy post, or hy any more expeditions means, hy tlic returning officer or deputy, together with ballot-papers and any documents of any kind received hy such returning ofiicer or deputy in connection Avitli such votes, to the returning officer of the district to which such votes arc applicable ; and the package containing such votes, ballot-papers, and documents shall ho marked “ absent voters’ ballot-papers”; and such ofiicer shall, before transmitting such statement, make and sign an entry of the jmrticnlars thereof in a hook to he kept for that purpose, and such entry, when so made and signed, shall, in the event of the loss or destruction of such statement, he evidence of the number of votes recorded in such ballot-box.

outside electoral

the convenience of a large number of electors of any district would

dislriet.

he furthered hy appointing })olling-placcs outside such district, may,

hy notice as aforesaid, appoint such polling-places.

Persons claiming to	60. Every person claiming to vote at any polling-booth shall
vote to give name

and addresn	state his Christian and surname, and, if so desired hy the presiding
H id. B. 140.	officer, any other particulars necessary to he stated in the roll for the
P.A., 8. 78.	purpose of identifying the name upon the roll under which the vote is
claimed. He shall also demand a ballot-paper.

Questions to be put	61. (1) The presiding officer may, and at the request of any
if voter challenged.

C’th. Electoral,	scrutineer shall, put to any person claiming to vote all or any of the
8. 141.	following questions:—

P.A., s. 79.

(a) Are you the jierson whose name appears as [here state name

under which the person claims to viote'\ on the roll for [this

district or the district of ] ?

(̂ )

Act No. 41, 190().	233
Parliamentary Elections.

(b) Are you oP the full ago of twenty-one years ?

(c) Have you already voted, either hero or elscwlicre, at tliis election ?

(d) Are you disqualified from voting ?

(2) If any person refuses to answer fully any question put Consequence of

to him hv the presiding ofiicer, or hy his answer shows that he is not

entitled to vote, his claim to vote shall he rejected. s i'i2. ’

(3) The voter’s answer to the questions shall he conclusive, Answer conclusive,

and the matter shall not he further inquired into during tlic polling, s. m3.

(4) If any person claiming to vote—

(a)	refuses or omits to answer any such questions put to him hy the presiding officer ; or
(h)	docs not answer ahsolutely in the afilrmative tlie first two of the said questions, or docs not answer ahsolutely in the negative the last two of the said questions so put to him,

he shall he liable to a penalty not exceeding twenty pounds.

62.                No omission of any Christian name, or entry of a Avrong I'-n-ors noUo foifcit

chiistian name, or address, or occupation, and no mistake in the

spelling of any surname, shall Avarrant the rejection at any polling "	’
of any claim to vote if the voter is sufiiciently identified in the opinion of the presiding officer. No female elector sliall he disqualified from voting under the name appearing on the roll because her surname has been changed hy marriage, hut in such case a note of the fact shall l)c made hy the presiding officer.

53. No hallot-paper shall he delivered to any voter Avithout miiot-iwpors initialled.

being first initialled hy the presiding officer, and an exact account'	Ibid. 9 . 131.
shall he kept of all initialled ballot-papers. The initials of the	P.A., 9. 81.
presiding officer shall he placed on the hack of the ballot-paper in such a position as to he easily seen Avhen the ballot-paper is folded so as to conceal the names of the candidates.

54. Upon receipt of the hallot-paper the voter shall Avithout Vote, how given.

d c la V ---- C’tli. Eleetornl,

(a)

retire alone to some unoccupied compartment of the booth

and there in private mark his vote on the hallot-paper hy ’

making a cross in the square opposite the name of the

candidate for Avhom ho votes ;

(h)

fold the hallot-paper so as to conceal the names of the candidates and to clearly shoAv the initials of the presiding officer, and exhibit it so folded to the presiding officer, and then fortliAAdth openly and AAuthout tmfolding it deposit it in the hallot-hox;

(c) quit the booth.

234   Act No. 41, 1906.

Varliamentary Elections.

Who may be present 65. The following sliall take the place of subsection one of

at polling-booth. section seventy-four of the Principal A c t:—

(1) There may at any time during the taking of a poll be

present at the polling-room—

(a) the returning officer or deputy; (b) tbe poll clerks and scrutineers ; (c) tbe registrar or deputy registrar;

(d)	any member of the police force designated by the returning officer;
(e)	voters, not more than six in number, actually engaged in voting, such voters to be designated, if thought necessary, by the returning officer or deputy :

Provided that a registrar, deputy registrar, or such member of the police force shall, before entering the polling-room, make and sign the prescribed declaration.

Informal ballot-

papers. 56. (1) A ballot-paper shall be informal if—

C’th. Aft, s. 158.

(a) it is not duly initialled by the presiding officer, or

(b)	it has no cross in the square opposite the name of a candidate, or has crosses in squares opposite the names of more than one candidate, or
(c)	it has upon it any mark or writing not authorised by the Principal Act or this Act to be put upon it, which in the opinion of the returning officer will enable any person to identify the voter.

(2) Informal ballot-papers shall not be counted at the

scrutiny.

Spoilt ballot-papers,	67. If any voter satisfies the presiding officer, before his ballot- or accident, he may, on giving it up, receive a new ballot-paper from the presiding officer, who shall there and then cancel and preserve the spoilt hallot-paper.
C’th Electoral,	paper is deposited in the ballot-box, that he has spoilt it by mistake
8. 149.
Returning officer
may, for purposes of	58. The following proviso is added to section ninety-nine of Provided that the returning officer may, for the purpose of a scrutiny of the votes given by electors at tbe several polling-places, retain in his jiossession for a reasonable time, and may break the seal of, parcels containing copies of rolls, books, and other papers sealed np and transmitted to him in pursuance of that A ct; and shall, after such scrutiny, reseal the same, and forward them as hereinbefore in this section prescribed.
scrutiny, retain and	the Principal Act —
unseal rolls, &c.
Penalty for
obstructing elector	69. Any person who, on polling day, or on a day to which the to the polling-booth shall be liable to a penalty not exceeding live pounds, and may, on complaint made, be removed by any police officer from proximity to the polling-booth.
from access to	polling is adjourned, obstructs any elector desiring to vote from access
polling-booth.

PAKT

Act No. 41, 1906.	235
■parliameritary Elections.

...................PART V.

• R e -e l e c t io n of m in is t e r s .

60. Section twenty-seven of the Constitution Act, 1902, i s Exompiion of

amended hy adding the following paragraph, to stand as paragraph (c):— ̂ ectioTŵ ôf "

‘‘Any Memher of the Legislative Assembly who accepts any of the Constitution Act.

offices enumerated in the Second Schedule hereto, or any office of profit under the Crown created hy Aet of Parliament as an office of the Executive Government.”

PART VI.

A l l o w a n c e s to m e m b e r s .

’ 61. Section twenty-eight of the Constitution Act, 1902, is Parliamentary

amended hy adding the following proviso ;— be°reckoned!'°''̂

“ Provided that in the case of every Memher elected after the c’th., No. 20 of 1902.

commencement of the Parliamentary Elections Act, 1906, such

allowance shall he reckoned from the day of his election.”

SCHEDULES.

. : : SCHEDULE ONE. .

Enactments o f Principal Act repealed.

Part I.—Tlio definitions of “ clieck-roll,” “ divi.sion,” .and “ registrar ” in section

tliree.

Part Tl.—Sections sixtet'n to nineteen.

P.art IV .—The whole excepting section forty.

Part V.—The whole.

Part V I.—Subsection one of section sixty-two, sections sixty-five, sixty-si.x, sub­

section one of section sc'venty-four, sections seventy-seviui to eighty-

two, sections ninety-two and ninety-three.

Part V III.—Sections one hurulred and thirty-eight, one hundred .and forty, and one

hundred and forty seven.

All the Schedules, except the First Schedule.

. i : SCHEDULE

236   Act No. 41, 1906.

Parliamentary Elections.

SCHEDULE TWO.

Amendments in enactmeyils of Principal Act.

Section 3. Omit in definition of “ roll ” the words “ and for all purposes connected with

such voting includes any additional roll.”

Section 21, subsection (1). Omit “ for which he applies for an elector’s right” ; after

“ application ” omit “ for such elector’s right or any claim.”

Section 21, subsection (2). Omit “ any division o f ” ; omit “ to have an elector’s right

issued to him for such district and ” ; omit “ division ” at end of subsection

insert “ district.”

Section 21, subsection (4). Omit “ making out of any list or of.”

Section 21, subs ction (4), (e), (f), (g). Omit “ sitting of the revision court” insert

“ holding of any election.”

Section 22, subsection (1). Paragraph (a), omit the paragraph ; paragraph (c), oniit “ in

respect of which such elector's right was issued to him.”

Section 22, subsection (2). Omit “ for a division of which he obtained his elector’s right”;

omit “ from such division ” ; omit “ for a division of which he acquired his

elector’s right” ; omit “ additional ” in the proviso.

Section 69. Omit “ shall ” where first occurring, insert “ may ” ; omit “ such ” where first

occurring, insert “ a ” ; 07nit “ as he sees fit, and such polling-place shall be

deemed the principal polling-place. ”

Section 86. Omit the wonls “ strike out” insert “ mark his vote” ; omit “ from such

ballot-paper ” insert “ on the ballot j)aj)er by making a cross in the square

opposite ” ; omit “ names ” insert “ name ” ; omit “ or candidates.”

Section 87. Omit the words “ strike out" insert “ mark his vote” ; omit “ from such

ballot-paper ” insert “ on the ballot-paper by making a cross in the square

opposite ” ; omit “ names ” insert “ name ” ; omit “ or candidates.”

Section 89. Omit “ aforesaid ” irw«rt “ of the polling-booth” ; omit “ striking out the

names from ” insert “ marking.”

SCHEDULE THREE.

P.4RLI.4MENTARY ELECTIONS ACT, 1906.

List o f persons objected to.

The following persons have been objected to as not being entitled to have their names retained on the electoral roll for the district of [here insert 7iame of district and pollittg )>lace], and the objections will be heard at a revision court to bo held at [/cere state place],

on the day of , 19 , at o’clock in the noon.

N u m b e r on l is t. S u rn a m e of e le c to r. C h ris t ia n n a m e of e a ch e le c to r a t fu ll le n g th .

(Signed)

Registrar,

SCHEDULE

Act No. 41, 1906	237
Tarliamentary Elections.

SCHEDULE FOUR.

PARLIAMENTARY ELECTIONS ACT, 1906.

Electoral roll.

District of [licrc insert name of electoral district."]

Koll of electors who vote at [liere insert name of foiling place.]

S u rn a m e C h ris tia n n am e R e m a rk s an d in itia ls to

N o. of each of each e lec to r Sex. R esidence O ccu p a tio n . a lte ra tio n s .

e lec to r. a t fu ll len jjth .

SCHEDULE FIVE.

PARLIAMENTARY ELECTIONS ACT, 1906.

Electoral claim.

District [here insert name of electoral district.]

I claim to have my name placed on the electoral roll for the above district to

vote at \_here insert name, of polling place.]

1. I am a \Jiere insert natural-born or naturalised as the case mag hei] subject of

the King.

2. I am not under the age of twenty-one years.

IL I am an inhabitant of New South Wales and have resided [or had m\' principal

place of abode] therein for a continuous period of one year [fa the case o f a naturalised suliject, state “ and have resided therein fcjr one year after naturalisation ”] and have resided [or had my principal place of abode] in the above district for a eontinnon.s period of three months immediately prior to the date of this claim.

4. My name is not, to the best of my knowledge, on the electoral roll for any

district.

Dated the day of 19 .

Surname—

Christian name at full length—	'
Sex—

Place of residence—

-

Occupation—•

Usual signature—■

T, , an eh'ctor enrolled for polling-place in the eh'ctoral

district of certify that I have seen tbe abovenamed claimant sign the above

claim, and that I am satisfied that the statements therein contained are true.

Witness to signature of claimant—

Note.—Any person who witnesses the signature of the claimant without being pcrson.ally acf|Uaiiite(l with the facts tlicrcin stated, and without satisfying liimself by inquiry from the claimant that the statements contained in the claim are true, is liable to a penalty not exceeding five pounds.

Eeceived the day of 19 .

Eegistrar (or Deputy Registrar).

SCHEDULE

m	Act No. 41, 1906:
Parliamentary Elections.

SCHEDULE SIX.

PARLIAMENTARY ELECTIONS ACT, 1906.

Ajpliiation to transfer.

Surname—

Christian name at full length—•

Sex—

Present place of residence—

Occupation—

formerly residing at fiere insert place] and registered to vote at polling place, having bondfide changed my residence, and being now resident within the electoral district of \litre insert name of district] for not less than one month, do hereby claim to have my name transferred to the electoral roll for the district of [here insert name oj district]., and

to vote at polling place.

Dated this day of , 19 .

(Signature.)

T, an elector enrolled for polling-place in the district

of , certify that I have seen the abovenamed applicant sign the above

application, and that I am satisfied that the statements therein contained are true.

Witness to signature of applicant—

Note.—Any person who witnesses the sign.ature of tlie applicant without' being personally ac<iiiainted with the facts therein stated, and without satisfying himself by inquiry from the applicant tha t the statements contained in the application are true, is liable to a penalty not exceeding five

pounds.

Received the day of 19 .

Registrar (or Deputy Registrar).

SCHEDULE SEVEN.

PARLIAMENTARY ELECTIONS ACT, 1906.

Notice of objection.

I object to the name of [here insert the name, residence, and occupation o f person objected to, as in the roll] being retained on the electoral roll for the district of [here, insert name of district and polling place] on the ground that [here state grounds of objection].

Dated this day of 19 .

(Signed) A.B., of [here state residence and occupation o f objector].

SCHEDULE

Act No. 41, 190(3.	239
Farliamentary Elections.

SCHEDULE EIGHT.

, . Ballot-paper.

N ew Soutie W a l es .

Electoriil district of {here insert name o f district'\. Election of Member of tbe Legislative Assembly.

CA^’DIDATES.

Brookman, John

j } Crane, .Joseph

I	I	French, Charles
I	I	King, William
j	j	Wilson, Henry

N.B.—Indicate vour vole by iiniking a cross in the sijuare opposite the name of tlie candidate for

whom you vote.

SCHEDULE NINE.

PARLIAMKNTARY ELECTIONS ACT, 1906.

Form of declaration to he signed hy a voter before voting at any polling-place in the same

district other than the polling-place Jor which he is enrolled.

ro l l ing-p lace .

1 declare that 1 am the jierson whose name ajipears as number {here insert mnnher on roll and name of elector^ on the electoral roll for the eh'ctoral district of {here, insert name o fd is tr ic f , and that I have not voted either l.ero or at any other polling-])lace at this election, and T promise that if I am permitted to vote here, 1 will not vote at this election at any other polling-place.

Signature of elector—

Place of residence—

Occupation—

Declared before me, the day of 19

Presiding olhccr—

Act