Parliamentary Elections (Amendment) Act 1900 (NSW)

Act No. 61, 1900.

An Act to further amend the Parliamentary partiamrntary

Electoral Law. [5̂ /̂ December, 1900.] (AMEN.̂ KVi-).

it ena(‘ted by tlio (Queen’s Most Excellent Majesty, by and with

I f the advice and consent of tlie Legislative Council and Legislative

Assembly of New South Wales in Parliament assembb'd, and by the authority of the same, as follows:—

Prelimlnnrji.

1. This i\ct may be cited as the “ Parliamentary E lec tio n s short title,

(Amendment) Act, 1900,” and shall be construed with the I’arlia- mentary Electorates and Election Act of 189;! and any Act amending the same.

New lists (wi rolls.

2. The electoral lists made hy the ])olic,e shall be ininted by the Making out lists

Government Printer in the form of a general list for each district, and of general lists for the divisions of each district, and the Chief Electoral Officer shall, within thirty days after the commencement of this Act, cause a sufficient nuniher of coyiies of the general list for each district and two copies of the general lists for the divisions of such district to he forwarded to the registrar for such district.

3. The registrar shall forthwith on receipt of such copies transmit Transmission of lists

one copy of the general list foi- the district to each court-house, ])olice a)jVre'vj‘s‘iony

station, public school, and post-office within the district, to he exhibited

for public insjiection until the lists for the divisions of such district are

revised, and shall transmit two copies of the list for each such division

to the clerk of the revision court for the division at least five clear days

before the holding of such court. The registrar shall, on receipt of such

copies,

456   Act No. 61, 1900.

Parliamentary Elections (Amendment).

copies, also transmit a copy of the general lists for the district to every police officer stationed in such district if such district is outside the Metropolitan area.

Claims to insert

names in list.	4. (1) Before or on the prescribed day, any person whose name is not on any such list, hut who claims to be entitled to have his name inserted therein, may, by notice in the form of Schedule Two sent by post to the clerk of the revision court for the division, claim to have his name so inserted, and any person who wilfully certifies to any par­ ticular in any such claim which he knows to be untrue shall be liable to imprisonment for a term not exceeding six months.
Objection.s.	(2) Before or on the prescribed day, any person whose name is on the list may, by notice' in the jirescribed form sent by post to the clerk of the revision court for the division, object to the name of any other person being retained on such list.
Publication of claims
and objections.	(3) Pulilic notices of such claims and objections shall be exhibited at all courts of petty sessions, police stations, public schools, and post offices within the district, and shall he kept so exhibited until the list is revised.
Appointment of	5. (1) The list for each division shall be revised by a revision court to be held at such place and by such stipendiary or police magi­ strate as may be notified by the Governor in the Gazette. And the clerk of the revision court shall notify in some newspaper circulating in the division the time and place for the holding of the court and shall produce the list and any claims and objections sent to him.
revision courts.
(2) The provisions of subsections (v) and (vi) of section forty- seven and of subsections (n) and (in) of section forty-eight and sub­ sections (i), (in), and (iv) of section forty-nine of the Principal Act (so far as those provisions are applicable and consistent with this Act) shall apply to any such list, and the revision, signing, and certifying of the same.
(3) Where a claim has been duly made in the form of Schedule Two to insert the name of any person in any such list, and such claim is certified as true in accordance with the certificate in that Schedule, such name may be placed by the revision court on such list although the said person does not attend the court, and no evidence other than the certificate is produced to the court in support of such claim.

Preparation of rolls. 0 ̂ jjg|. ^ division, ou being SO signed and certified,

.	shall be forthwith delivered to the registrar of the district of which
'	such division forms part, and such registrar upon receiving the revised lists for the several divisions of his district shall forthwith transmit them to the chief electoral officer, who shall from such lists cause the general roll for the district to be prepared and printed, and dealt with in accordance with the provisions of the Principal Act.

' ‘ (2)

Act No. 61, 1900. 457

Parliamentary Elections {Amendment).

(2) On tlio general roll being prepared for any district, all Cancellation of

lists and rolls and electors’ rights for such district, or any divisions of p^ vioub hats and

such district, except the lists and rolls prepared in pursuance of this

Act, shall ho doomed to he cancelled and of no effect.

7.                    ( 1 ) Such niemhers of the police force as may he instructed hy Police to make

the InspiH'tor-General of Police to collect the names of persons resident

within any division who an' entitled to he enrolled hut who are not

enrolled for such division shall, in the month of April of each year, maki*	^
out a list of such names and sign the same, and make a declaration before a justice' of the peace' in the form of Schedule One, and transmit such list anel dee'laration to the registrar.

( 2 ) Every registrar in making tint, under suhsection two of Registrar to include

section forty-one of the Principal Act, a general list, shall include in such list the names aforesaid, and shall issue an elector’s right to each ]H'rsoii whose' name has hee'ii jiassed by the revision e'ourt.

Electors’ rights.

8. After th.e commene'oment of this Aeh all electors’ rights sliall Form of oieetors’

he printed in blue ink, anel shall with the butt he in the form of Se'hedule

Three exe'ept that where siie'h right is issued under this Act—

(rt) in place of the epiestions on the butt, there shall he printeel a

receipt for sue'h right in the form of Schedule Four; and

{h) such right shall he autlumticated in the prescribed manner, hut it shall not he' necessary that the right should he signed hy the registrar.

9. (1) As soon as juaedicahle an elector’s right shall he ])repared Delivery of electors’

for each pei'son enrollenl in ]uirsuance of this Act, anel the Colonial Secretary shall e'ause sue'h I'ight te> he delivered ]iersonally to the elector entitled thereto.

(2) Subject to the ]>rovisions of this Act, every such elector’s kym of eiectoiV

right shall he prejiareel in accordance with, and in all other respects shall follow, the requirements of Part III of the Principal Act, as amended hy by any Acts heretofore passed, so far as such requirements relate to electors’ rights.

(3) The person delivering an elector’s right in pursuance of Butts,

this section shall detach all butts from the electors’ rights when the receipts thereon have been signed or marked by the elector, and shall transmit the same to the registrar for the district to which they relate, who shall retain the same in his custody for the prescribed time.

10. Section thirty-seven of the Principal Act shall not applj" fx) the case where the elector’s right previously issued is an elector’s right acl	.
deemed hy this Act to he cancelled and of no effect.

458   Act No. 61, 1900.

Parliamentary Elections {Amendment).

Currency of electors’ 11. Any elector’s right lawfully issued after the commencement of this Act shall be in force until duly cancelled.

Alteration of forms and times.

Forms and times

prescribed may be

12. In order to give due effect to the above provisions of this Act, the Governor may, by regulations, provide for any proceeding, matter, or thing for which express provision has not been herein made, or where any alteration of any form may be found necessary, or where it is found that the time allowed to do any act is clearly insufficient, and an alteration or extension of, such time, and any alteration of dates consequent thereon is shown to be necessary, he may declare, either by regulation or notification in the Gazette, that such alteration shall be made, and thereupon the same shall be made and take effect accordingly: Provided that no alteration of time shall be made which shall delay the c9mpletion of the rolls l)eyond four months from the commencement of this Act.

altered.

Miscellaneous.

Purification of rolls. ’

13. It shall be the duty of members of the police force during tlie month of July of every year to make a scrutiny of the general rolls for the districts of the Colonjq and to mark thereon the names of all persons who have died or have permanently left any district for which they are enrolled, and shall transmit such rolls so marked to the regis­ trars for the respective districts, who shall take the necessary action to have such names expunged from the next general lists.

Appointment and

powers of assistant	14. The Governor may appoint by notice in the Gazette an assistant registrar or assistant registrars for any district, who, within the district or within any specified part of the district, as the Governor may think fit and may notify as aforesaid, shall have the powers of the registrar for the district.
registrars.

No signature-book 15. It shall not be necessary hereafter for any applicant for an

required.

elector’s right to sign his name or make his distinguishing mark in a

signature-book as required by the Principal Act.

Amendment of

16. (1) The solemn declaration referred to in section eight of the Parliamentary Electorates and Elections Act Amendment Act, 1896, may be subscribed before a justice of the peace, or any clerk of petty sessions, officer of the police force, postmaster, public school teacher, or any officer appointed under the Principal Act or any Act amending the same.

section 8 of Act of

1896.

(2) Any person who wilfully and knowingly makes a false statement in any such declaration shall be liable to a penalty not exceed­ ing twenty pounds, or not exceeding six months ’ imprisonment.

Act No. 61, 1900. 459

Parliamentari) Elections [Amendment).

17.              Notwithstanding section six of tlie Parliamentary Electorates

and Elections A_ct Amendment Act, 181K), a revision court for the

made by court *

revision of the provisional list may he held at any phu'i' within or without

the district to which the list relates.

SCHEDULES.

SCHEDULE ONE.

I, , do soleiiinly and siiicorcly di'claro tlint I have to tlio host of my

knowlodfre and ability, and in acaordaiico with the jirovisioiis of the Parliamentar.v Electorates and Election Act of 1893, and Acts amending the same, collected the List for the Division of the Electoral District, and that I hav(! not omitted from such List the name of any |)crs<in resident within such Division whom I knew or believed to Ix’ qualified and entitled to vote under the said Act, nor have I inserted in any List the name of any ]ierson whom I knew nr believed to be disqualified to vote b,y the said Act.

Signed and declared before mo, (Signed)

this day of , 1900,—

(Signed)

.lustiee of the Peace.

SCITEDUl.E TWO

. \otice of claiiii.

To th(! clerk of the revision court for the Division of the Electorate.

Name in f u l l ; atldress ; I, , of , a , do hereby give notice that

occupation.	I claim to be entitled to have my name enrolled on the roll for the
out, the words

If na tural-born , s trike abovemeutioned district, being of the full age of twent.v-oue .vicars, a

“ n a tu ra lised ” and “ since	natnral-i)orn, naturalised, British subject, having resid(>d or had m.v
in^- natu ralisation ” ;	])rincii)al ])lace of abode in New South Wales for a continuous jjcriod

if naturalised , s tr ik e out

th e words “ natural-

born .” (if one year since my naturalisation, and immediately ]>rior to tlie date of this claim for enrolment, and having ri'sided or had m.v jirincipal ])lace of abode in the abovenamed electoral district for a continuous jioriod of three months immediately prior to the dati‘ of this claim, and being now a resident of the electorate named.

(Signature of elaimant.)

Certificate.

I certify that the particulars as given in the above claim arc true.

(Signature) .

(Qualification.)

To be certified to by a clerk of petty sessions, member of police force, post­ master, public school teacher, or officer aiipointed to issue electors’ rights.

SCHEDULE

460   Act No. 61, 1900.

Parliamentary Elections {Amendment).

SCHEDULE THKEE.

[To be printed in blue ink.]

( B u t t . )

No. No.

Electoral District of

Division. Elector’s Right.

Name of holder

Residence	Electoral District of
(1) What are your Christian names, surname,

residence {including the street, and the number	Division.
or name ( i f any) o f the house in which he

resides), and occupation ? The holder hereof (name in ftlV\

(2) Are you o f the fu ll age o f twenty-one years 'i

(3) Are you a natural-horn or a naturalised subject,

and which ? of [add occupatiori\,

(4) ( I f a natural-horn subject) Have you resided or

had your principal place o f abode in New South	whose name is signed hereunder, is, if
Wales fo r a continuous period o f one. year immediately prior to the date o f your application fo r an Elector’s Eight 'f	enrolled, entitled to vote at elections of

( I f a naturalised subject) Hare you resided or

had your principal place o f abode in Neic South	Members of the Assembly in th(! above
Wales fo r a continuous period o f one year since your naturalisation, and immediately prior to the date o f your application fo r an Elector's Right ■	District, being qualified in respect of
(5) Have you resided or had your principal place o f

abode in this Electoral District fo r a continuous	Manhood and of residence in such
period o f[ “ one month ” in case o f a transferred
right and “ three months” in case o f an original or
substituted right] immediately prior to this date't	District.

(6) Have you before received an Elector’s Right in

any District in New South Wales	[and i f the	(A.B.), Registrar.
answer be “ Tes,”] in what District s

(A.B.), Registrar.	(C.D.), abovenamed.
(C.D.), abovenamed.

(Date) The day of , 19 .

SCHEDULE FOUR.

( B u t t . )

No.

Electm-al District o f

Division.

Name of holder

Residence

Received from my elector’s

right, numbered as above.

(Signature.)

(Place.)

(Date.)

( Witness.)

Act