Parliamentary Elections (Amendment) Act 1918 (NSW)

Parliamentary Elections (Amendment) Act. m

PARLIAMENTAIIY ELECTIONS

(AMENDMENT) ACT.

Act No. 40, 1918.

An Act to amend the law r e l a t i n g to Parliamentary elections ; to provide for a system of propor- George V,

'Mo­

tional representation, and for postal voting in certain cases ; to validate the non-preparation of certain lists and rolls, and to provide that the rolls for the year 1917 shall, until nerv rolls are made, remain in force ; to amend the Parliamentary Electorates and Elec­ tions Act, 1912, tlie Liquor Act, 1912, the Oaths Act, 1900, and certain other Acts : and for purposes consequent thereon or incidental thereto. [Assented to, 18th Decem ­ ber, 1918.]

1[~)E it enacted hy the King’s Most Excellent Majesty, _i 4 hy and with the advice and consent of the Legis­ lative Council and Legislative Asscmhly of New South Wales in Parliament asscmhled, and hy the authority of the same, as follows :—^

Preliminarij.

1 . This Act may he cited as the “ Parliamentary siiou otie. .

Elections (Amendment) Act, 1918.” I t shall he read with the Parliamentary Electorates and Elections Act, 1912, hereinafter referred to as tlic “ Principal Act.”

PAPvT

212                  Parliamentary Elections (Amendment) A ct

George V, PART I.

No. 40.

Proportional Representation.

Uedlslrlhution o f electorates.

Commission.	2. Tlic Govemor shall, before the first day of .Taniiary, one thousand nine hundred and nineteen, appoint a commission to redistribute the electoral dis­ tricts of the State of Aew South Wales for the purjioses of proportional representation.
Such commission shall consist of a district court judge, the Under Secretary of the Department of the Chief Secretary, and an olficer in the Bureau of Statistics.
The provisions of Part II of the Principal Act so far as they are applieahle shall apply to such commission.
Amendment
of Part II.	3. Part I I of the Principal Act is amended as folloAvs;—

(i) By inserting immediately before section four the following section :—

Proportional

representa­	3 a. (1) The members of the Legislative Assembly shall, at the next and subsequent general elections and in the case of any seat in such assembly becoming vacant after any such general election, be elected in accordance with the principles of proportional representation.
tion.
(2) The Governor may make regulations prescribing the method of voting and of count­ ing the votes at any such election.
Such regulations shall be laid before the Legislative Assembly within seven days after the meeting thereof if Parliament is sitting, and if Parliament is not sitting then Avithin seven days after the next meeting of Parliament, and upon the carrying of a resolution by such Assembly in apjiroval thereof, and upon their publication in the Gazette, they shall have the force of laAv.

.

(ii)  Section four, by omitting the Avords “ each member representing an electoral district.”

(iii) Section five, by omitting the Avord “ ninety.”

(iv)  Section tAvelve, by omitting the Avords “ ninth ” and “ fourth,” and inserting in lieu thereof respectively the words “ eleventh” and “ sixth.”

. ' (v)

Parliamentary Elections (Amendment) Act. 213

(v)   Section thirteen, by repealiiif? tlie section, and George V,

inserting the following section in lieu thereof:-— 13. I t shall be the duty of the commis- K.xUstribu- ; No. 40. ;

sioners, and tiny are hereby directed, to

distribute New South Wales into electoral'li'tnctsiby

districts for tlie purposes of this Act, whenever

directed by the Governor by proclamation in

the Gazette; and in the event of the Governor

not so directing, then such distribution shall

take place after the expiration of nine years

from the date of the last redistribution :

Provided that the first distribution under this Act shall be completed not later than tbe thirtieth day of June, one thousand nine hun­ dred and nineteen.

(vi)  Section fifteen, by omitting subsection two and inserting the following subsection in lieu thereof:—

(2) The Governor shall thereupon cause the names of such electoral districts and the boundaries thereof to be published in the Gazette; on such puhlication those electoral districts shall, until altered by further redis­ tribution under this Act, be the electoral districts of New South Wales.

(vii) Section seventeen, subsection two— soc. i7(-i).

(a)	in paragraph (b) by omitting the word
“ ninety,” and by omitting the expression _

“ each to be represented by one member only,” and inserting in lieu of that expression the words “ so arranged that those within the metropolitan and adjacent areas, and that containing the city of Newcastle shall be represented by five, and

■ the remaining districts by three members”;

(b)	in paragraph (d) by omitting the word “ ninety ” and inserting in lieu thereof the words “ either eighteen or thirty, according as the district is represented by five or three members,” and by omitting the
•	Avords “ one thousand two hundred ” and inserting in lieu thereof “ four thousand.”

PART

2 14                  Parliamentary Elections (Amendment) Act.

George V, PART II.

No. 40.

Amendments o f Principal Act consequent on adoption

o f proportioiud representation,

<'onsc(|Uen- 4. The Principal Act is amended as follows; —

tia l aineiul-

iiients of (i) Section eighty: Omit “ If only one candidate

I’riiU'ipal Act.

is so nominated,” insert in lieu thereof “ If no

Sec. SO.

greater numher of candidates are nominated

than arc required to he elected.”

Omit “ candidate ” where secondly occurring, insert in lieu thei’eof “ candidates.”

Sec. SI. (ii) Section eighty-one; Omit “ one,” insert in lieu thereof “ are required to be elected.”

Omit “ two or more candidates,” insert in lieu thereof “ still more candidates than are required to he elected.”

Sec. 82 (2).	(iii) Section eighty-two, subsection two ; Omit “ form of Schedule Pour ” insert in lieu thereof “ prescribed form.”
Sec. S.8.	(iv) Section eighty-three : Omit section.
Sec. OS (2).	(v) Section ninety-eight, subsection two : After the words “ and upon the close of the poll such ballot-papers ” omit the remainder of the suh- scction, insert in lieu thereof “ together with all documents received by the deputy returning officer in connection with the poll, shall be dealt with in accordance with the provisions of section one hundred and t-wenty-three hereof.”
Sec. lO.'i.	(vi) Section one hundred and three, paragraph (a): Omit all words commencing “ mai’k his vote ” to end of paragraph and insert in lieu thereof “ record his vote on the hallot-paper in the manner prescribed.”
Sec. lO.').	(vii) Section one hundred and five; Omit section.

.Sec. lO S. (vm) Section one hundred and eight : Omit the words “ mark his vote in the polling-booth on the hallot-paper by making a cross in the square opposite the name of such candidate as such person may designate ” and insert in lieu thereof “ mark the ballot-paper according to the instruction of such pei’son.”

ec. lOO.

(i.\) Section ouc hundred and nine ; Omit the wmrds

“ mark his vote in the polling-booth on the

ballot-paper

Parliamentary Elections (Amendment) Act. 215

ballot-paper by mabing a cross in the square George V,

opj)ositc the name of such candidate as such	No. 40.
person may designate ” insert in lieu thereof “ mark the ballot-paper according to the instruction of such person.”

(x)	Section one hundred and fifteen, subsection	See. ] 13 (1).
one: Omit paragraph (t).

Subsection two:— See. 113 ( 2 ) .

(a)	In the first paragraph after “ballot-paper” insert “ in the prescribed form,” and omit the Avords “ in the form of Scliedulc Twelve.”
(b)	Omit the second and third paragraphs, insert in lieu thereof:—

“The elector, on receiving such pajier, shall thereupon retire alone into an unoccupied compartment of the polling-booth, and there in })rivatc record his vote in tlic manner prescribed, and then fold and fasten such paper as above jirescribed.

“ 'J'he paper shall thereafter be dealt with as a hallot-paper.”

(xi) Section one hundred and eighteen, subsection tbree : Omit pardgra])h (b). See. IKS (8).

(xii)	Section one hundred and twenty-one: Omit	>ee. i'2l.
section.
(xiii)	Section one hundredandtwenty-two, subsection	S;ec. 1-22 (1).
one : Omit paragraph (b).
(xiv)	Section one hundred and twenty-three : Omit	Sec. I2.-1.
“ ascertaining the total number of votes ” insert “ the close of the poll.”
(xv)	Section one hundred and twenty-four: Omit “a	Sec. 124.
list of the total number of votes received by each candidate and also.”

(xrd) Section one hundred and twenty-fivc : After “ presided ” insert “ until he proceeds to count the A'otes.” After “ as hereinafter provided” omit rt'mainder of section.	See. 123.
(.wii) Section one hundred and twenty-six, subsection one : Omit subsection, insert the following :—■	Se;. 12(1 (1).

(1) The returning otlicer shall, as soon as jiracticable after the close of the poll, in the presence of such of the scrutineers as choose to be present, and rvith such assistance as he may

deem

216                  Parliamentaiy Elections (Amendment) Act.

George V, deem necessary, proceed to count the votes

No. 40. recorded on all ballot-papers (not rejected as informal) including postal and absent voters’ ballot-papers used in connection with the poll for his district. He shall, as soon as practicable thereafter, by notice signed by him, and posted in some conspicuous position at the principal polling place, and inserted in some newspaper publislied or circulating in tbe district, an­ nounce tbe result of the election.

«e<;. 1-26 (3). - Subsection tb ree : Omit “ the name of the person,” insert “ the names of the persons.”

Sch. 4.	(xviii) Schedule I'our : Omit Scliedule.
8cb, 12.	(xix) Schedule Twelve : Omit Schedule.
New sections	5. Tlie following short headings and sections are
and short

heading.

inserted next after section one hundred and fourteen

of the Principal Act :—

Voting hy post.

Application	114a. (1) An elector who—
for a postal
vote	(a) will not throughout the hours of polling on nearest practicahie route of any polling booth open in the S"ate for tbe jiurposes of an election; or
certificate and

postal ballot	polling day he Avithin tifteen miles liy the
paper.

(b)	AA'ill throughout the hours of polling on polling day be travelling under conditions Avhich Avill jireclude him from attending at any polling booth to Amte ; or
(c)	is seriously ill or infirm, and by reason of such illness or intirmity Avill be ])recludcd from attending at any polling booth to vote, or, in the case of a AA'oman, Avill hy approaching maternity be precluded from attending at any polling booth to  ote,

may make application for a postal vote certificate

and postal hallot-paper.

(2) The application must contain a de­

claration by the elector setting- out the grounds ixpon which he applies for the postal Amte certificate and postal hallot-paper, and may he in the prescribed form, and must he signed by the elector in his own

handA vritingin the presence of an authorised

witness,

Parliamentary Elections (Amendment) Act. 217

witness, and must be made and sent, after the issue George V,

of the writ for the election and before the polling

No, 40.

day for tbe election, to the returiiin" officer for the district for whicli the elector is enrolled or to some other district returning officer if the elector lias reason to believe that the application may not, in the ordinary course of post, reach tbe returning ollicer for the district for which he is enrolhal so as to enable liim to receive a postal vote certificate and postal ballot-paper from tliat officer in time to permit of the elector voting at the election.

(3) An elector shall not make, and a person

shall not induce an elector to make, any falsi' state­

ment in an application for a postal vote certificate

and postal ballot-paper, or in the declaration con-	•
tained in such ajiplication.
Any person contravening any provision of this subsection shall be liable to a penalty not exceeding fifty pounds or to be im[irisoned for a ti'rm not exceeding one month.

114b . (1) Subject to subsection two of this sec- Autiionsed

tion the following persons are authorised witnesses " ‘Oiesscs.

within the meaning of this A c t:—

(a) All Commonwealth divisional returning officers. State returning officers, and officers of the hublic Service; of the Commonwt;alth permanently employed in the office of any Commonwealth electoral officer of a State or divisional returning officer ; all Commonwealth and State electoral regis­ trars and deputy registrars ; all postmasters or postmistresses or postal officials in charge of ])Ost oflices; all police or stipendiary or s])ccial magistrates of the Commonwealtli or of a State; all justices of tlu' peace; all head teachers in the employment of a State Education l)ei)artment; all officers of the Jfepartment of Trade and Customs ; all members of tbe police force of the Common­ wealth or of a S tate; all mining wardc'iis and mining wardens’ clerks in tlie Public Service of a State ; all legally qualified medical practitioners; all officers in charge

of

218                  Parliamentary Elections (Amendment) Act.

George V, of quarantine stations ; all officers in charge

No. 40. of lighthouses ; all pilots in the service of the CommonAvealth or of a State, or of any local governing body; all telegraph line repairers permanently employed in the Public Service of the Commonwealth, who are in charge of working parties; all railway station masters and night officers in charge who are permanently employed in the railway service of the Commonwealth or of a S tate; all superintendents of mercantile marine and their deputies while permanently employed in the Public Service of the Commonwealth or of a State; and

(b) all persons or classes of persons, employed in the Public Service of the Commonwealth or of a State, who are declared hy proclamation to he authorised witnesses within the mean­ ing of this Act.

(2) No person who is a candidate at any election shall he an authorised witness at that election.

Duty of	114c. (1) An authorised witness shall not witness the signature of any elector to an application for a postal vote certificate and postal ballot-paper unless—
witnesses.

authorised

(a)	he has satisfied himself as to the identity of the applicant;
(h)	he has seen the applicant sign the application in his the applicant’s own handwriting; and
(c)	he knows that the statements contained in the application are true, or has satisfied himself hy inquiry from the applicant or otherwise that the statements contained in the appli­ cation arc true.

Any person contravening any provision of this subsection shall be liable to a penalty not exceeding fifty pounds or to he imprisoned for a term not exceeding one month.

(2) The authorised witness shall sign his name in his own handwriting on the application in the space provided for the purpose, and shall add the title under which he acts as an authorised

witness and the date. 114d.

Parliamentary Elections (Amendment) Act. 219

114i). (1) The returning officer w h o receives the George V,

application if he is satisfied that it is properly signed No. 40.

by tlie applicant elector and is jiroperly witnessed,

shall deliver or post to the elector a postal vote ami i,allot-

ccrtilicate printed on an envelope addressed to the

returning ollicer for the district for which the

applicant declares that he is enrolled, and one

postal ballot-paper.

(2) The postal vote certificate and postal

ballot-paper may be in the prescribed form.

114i:. (1) All a])plieations for postal vote certiti- inspwtion o

cates and postal ballot-papers received by a return­ ing officer shall, if they relate to the district for which he is returning officer, be kept by him, or if they relate to another district, shall, after being indorsed by him with the date of the issue of the postal vote certificate and postal ballot-paper, forth­ with be sent by him to the returning officer for that district.

(2) All applications for postal vote certiti- cates and postal ballot-papers shall be open to public inspection at all convenient times during office hours, until the election can be no longer questioned.

114f. (1) The returning officer shall number all Xumijiiingof

apjilieations for postal vote certificates and postal

ballot-papers issued by him in eonsi'cutive order, and oLitiii. atos.

shall number each postal votecertitieate with a number

corresponding with the number on the apjilication.

(2) '1 he returning officer shall initial on the back all ])Ostal ballot-papcis issued. The initials should be ])laccd in such a position as to be easily seen when tlic ballot-paper is folded so as to conceal the vote.

114g. (1) The returning officer for the district in Rtimnin-

’ ' ” ” ' ” ’ cfiicLT to

respect of which postal vote certificates and postal otify issue of

ballot-papers have been issued shall, if there is time [ osta'i vote

conveniently to do so, note on the certified lists of

voters the names of all electors to whom postal vote uiiot-iKi|» rs.

certificates and postal ballot-papers have been issued.

(2) If there is not time conveniently to note on the proper certitied list of voters the issue of a postal vote certiticatc and postal ballot-paper, the returning officer shall immediately advise tbe

presiding

220                  Parliamentary Elections (Amendment) Act.

George V, presiding officer to whom the certified list of voters

No. 40.

has been furnished of the issue of tlie postal vote

certificate and postal ballot-paper.

(•‘1) An elector to whom a postal vote certificate has been issued shall not be entitled to vote at any polling booth unless he first delivers to the presiding officer for cancellation his postal vote

certificate and postal ballot-paper., '

Directions for 114h. The following directions for regulating voting by means of jiostal ballot-papers are to be substantially observed :—

postal voting.

(a)	The elector shall exhibit his postal ballot- paper (in blank) and his postal vote certifi­ cate to an authorised witness.
(b)	The elector shall then and there, in the presence of the authorised witness, sign his name in his own handwriting on the postal vote certificate in the place provided for the signature of the voter.
(c)	The authorised witness shall then and there sign his name in his own handwriting on the postal vote certificate in the place jfrovided for the signature of the autliorised witness, and shall add the title under which be acts as an authorised witness and the date.
(d)	The elector shall then and there, in the pre.'-ence of tlie authorised witness, but so that the authorised Avitness cannot see the A'ote, mark his vote on the ballot-paper in the prescribed manner, and shall fold the ballot- paper so that the A'ote cannot be seen, and hand it so folded to the authorised witness.
(e)	The authorised witness shall then and there place the ballot-paper in the envelope ad­

'	dressed to the returning oftieer, fasten the en\"elope, and hand it to the voter who shall forthwith post or deliver it, or cause it to be posted or delivered, to the returning officer.
(f)	If the elector’s sight is so impaired that he cannot vote without assistance, the authorised witness if so requested by the elector, shall mark the elector’s vote on the ballot-paper

in

Parliamentary Elections (Amendment) Act. 221

in tlio piTscribod manner in tlie presiaice of (Jeorge V,

a nitness and sliall then and tlien'fold tlie No, 40.

liallot-jiaper so that the vote cannot he seen.

(") Till' autliorised witness shall not, unless the

elector’s sight is so impaired that he cannot

vote without assistance, look at or make

himself acquainted with the vote given hv

the elector, and, except as provided in para­

graph (e) of this .section, shall not suiter or

permit any person (other than ihi' (dector)

to see or I.eeoine acquainted with the elector’s

vote, or to assist tlu> elector to vote, or to

interfere in any way with the elector in

relation to his vote.

114l. Every authorised witness shall— I'uty of

/ N j* • n a.Uliorist'd

(a)	comply witli the ])receding section in so lav as it is to be complied with on his p a rt;
(b)	see that thedirections in the preceding seel ion are complied with hy every elector voting by post before him, and by every person present when tlie elector votes ; and
(c)	refrain from disclosing any knowledge of the vote of any elector voting by post before him.

Any ])erson contravening any of the provisions of this section shall he liable to a penalty not (‘xeceding one.hundred pounds, or to imprisonmemt tor three months.

1 14t. Any person to 'whom an envelo[)e con- ivnaity for

taining or ifiirporting to contain a postal ballot- postaraaii’

ĉ̂ ^̂

paper is entrusted hy a voter for the purjfose of papor.

posting or delivery to a retnining officer, and who

fails to forthwith post or deliver the envelope, shall

he guilty of an offence, and liable to a ])enalty not

excec'ding fifty pounds, or to imprisonment for one

month.

111k. Any person present when an (dector is of

before an authorised witifcss for the purpose of sent°«hen*̂ voting hv ))O s t shall-- on elec tor “ » I ̂ \ otos by post.

(a) oh(!\' all directions of theanthoris(‘d witness; '

(h) refrain from making any communication what(‘ver to the elector in relation to his vote;

( c )

222                  Parliamentary Elections (Amendment) Act.

George V, (c) refrain from assisting the elector or in any

No. 40.

manner interfering with him in relation to

his vote; and

(d) except as provided in paragraph (e) of section 114h refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Any person contravening any of the provisions of this section shall be liable to a penalty not exceed­ ing one hundred pounds, or to imprisonment for three months.

I*reli«nin<U'V	114l. At the scrutiny the returning officer shall produce all applications for postal vote certificates and postal ballot-papers, and shall produce un­ opened all envelopes containing postal votes received up to the close of the poll, and shall—
]>ostal

scrutiny of

(a)	compare the signature of the elector on each postal vote certificate with the signature of the same elector on the application for the certificate, and alloAv the scrutineers to in­ spect both signatures ;
(b)	if satisfied that the signature on the certifi­ cate is that of the elector rvho signed the application for the certificate and that the signature purports to be witnessed by an authorised witness, and that the elector is enrolled for the district, accept the ballot- paper for further scrutiny, but, if he is not so satisfied, disallow the ballot-paper without opening the envelo])c in which it is con­ tained ;
(c)	withdraw from the envelopes bearing the joostal vote certificates all postal ballot- papers accepted for further scrutiny, and, without insjiecting ar unfolding the ballot- pajicrs or allowing any other person to do so, ])lace them in a locked and sealed ballot-box by themselves for further scrutiny;
(d)	seal up in separate parcels and preserve— (i) all envelopes bearing postal vote certifi-

. cates relating to postal ballot-papers ac­ cepted for further scrutiny, and

‘ (ii)

Parliamentary Elections (Amendment) Act. 223

(ii) all unopened envelopes containing postal ballot-papers disallowed; and (ieorge V,

No. 40.

(e) proceed with tlic scrutiny of the postal ballot-papers wbicb have been acce)ited for further scrutiny.

stal anti

114m. a postal ballot-paper or an absent voter’s

ballot-paper shall not be informal because of any

mistake in spellin", if the elector has made clear i'nionuan.craiisc

absent votm s’

Ills	intention.	om U sionsor
Declaration to he made before voting,

6.        Section ninety-nine of the Principal Act is amended Amemiment

by the addition of tbe following subsections :—

(2) Every such person shall, before a ballot paper is given to him, sign the following declaration;—

“ I hereby solemnly and sincerely declare that I am the person referred to iiT this electoral roll opposite to whose name I place my signa­ ture, and that I have not already voted at this election.”

This declaration shall be set out on every certitied Provided that such declaration need not be set out on any certitied copy of a supplemental roll but may, in lieu thereof, be set out in a signature book in the prescribed form.

’

copy of rolls used by tbe presiding officer at any

polling booth ;

(3) If any such person is blind, or is incapaci­ tated by any other physical cause from signing bis name, or is unable to write, or is of tbe Jewish persuasion and objects on religious grounds to

■

making bis signature, and signifies tbe same to the returning officer or deputy, such returning officer or deputy may, and shall at tbe request of such person, and for him, and in tbe presence of tbe poll clerk and scrutineers, if any, sign tbe name of sucli person in tbe appropriate place.

(4) If any such person makes any such declara­ tion knowing it to be untrue, be shall be liable to a penalty not exceeding one hundred pounds, or to be imprisoned for a term not exceeding six months.

Soldiers'

224                  Parliamentary Elections (Amendment) Act.

George V, Soldier^' votes.

No. 40. 7. Every soldier under the age of twenty-one years

Soldiers

tmder age.	who is not otherwise disqualified shall, on ap{)lication in the prescribed form to the registrar or dc'piity-registrar for the district in which such soldier has his usual place of residence, he entitled to have his name placed on the roll or supplementary roll for such district, and to vote at the next general election of menihers of the Legislative Assembly.
Eor the purposes of this section “ a soldier ” means a person who is or has been a member of the Com­ monwealth Naval or Military Forces on ac ive service in or outside Australia or on a ship of war.

PAUT I I I .

General amendments o f principal Act.

Amendments 0 , The enactments and Schedules of the Principal therein mentioned.

onrmcipai Schedule hereto are amended as

S C H E D U L E .

Section Subsection ^

or and Amendments made.

Schedule, i Paragraph,

P a r t	I V I	Omit “ Additions to list hy registrar—s. 27.”
P a r t	I V	Omit “ revision courts before general election— ss. 38-44 ” insert in lieu thereof “ s. 38.”

1	1	P a r t V	Omit “ 114 ” insert “ 114m.”
Omit “ second ballot— ss. 137-146.”

1	P a r t	V I	Omit “ 175 ” each time it occurs, insert “ 174.”
22	Inser t the following subsection to be read as sub­ section one : —

“ (1) The Governor may appoint an otlicer, to be called the Chief Electoral Officer, who shall, subject to the Minister, have the re.sponsi- bility of administering this Acb and any pi-o- visions of anv other A c t so far as this A c t and the said provisions relate to the registration of electors, the preparation of lists and rolls of elector.s, and the conduct of elections for the Legislative Assembly.”

(2) A fter “ assistant regis tra rs” insert “ assistant

deputy registrars ”

Si^CHEDULE

Parliamentary Elections (Amendment) Act. 225

S C H E D U L E — continued. George V,

No. 40.

Section Subsection

or and Amendments made.

Schedule. paragraph.

22 ( 2 ) i . ( 3 ) Omit ‘‘polling-planes” insert “ polling-phice ai-eas '

22	( t)	At end of the subsection add “ and an assistant deputy registrar shall have the powers of the deputy registrar ”
Insert the following subsection to be read as sub- st'ction five : —

22 (■̂ ) “ (5) The Governor may appoint a Principal E'octoral Registrar, and every electoral i-egis- trar , deputy electoral registrar, and their assistants sCall perform the duties imposed upon tlnrn by this Act under tlie general supervision and direction of the Principal Electoral Registrar.”

23	(1)	Omit “ polling-places ” insert “ jiolliug place areas ” (2) Such lists shall be forwarded to the Chief Electoral Olficer for pi’inting on oi' hefurc the first day of May in each year, and sliall lie p 'in ted on or bofoi‘0 the fii'st day of duly in the same year, and each list shall he ('xhihite 1 as soon as practicable after it is printed.
23	(2)	Omic the sulja'ction, insert the following : -
2fi	A t end of the .section add the following prm iso :

Provided also th a t it shall not l e neces­ sary to make out and deliver such acknow- ledgment to a persm whose name is on the jirinted general roll of the polling-jilace ai'ea for whicli tlie ineinlier of the iiolice force is pre- jiaring the list.

27   Omit the section and short he'ading.

28   A fter “ police stations ” insert “ court-houses ”

33   Omit “ polling-places” insert “ polling-place areas” “ shall be in the form of Schedule Sc'cii and and omit “ be sent t o ” and insert in place thereof “ he served by the legistrar personally or by post on "

3 t	(2)	Afti'r “ objection ” where first occurring insert
34	(3)	After “ police stations ” insert “ court-houses ’
34	(3)	Oniii “ and ser\e personally or by ])Ost on the person obje. ted to notice of the ohjeet'on ”
3.‘)	(1)	After “ may ap p e a r” insert ‘‘personally or by

agent ”

_____ . _

SCHEDULE

H

226                  Parliamentary Elections (Amendment) Act.

George V, S C H E D U L E —

No. 40.

Section Subsection

or and Amendments made.

Schedule. paragraph.

37   Omit the section, insert the following :—

37. In each electoral district there shall be polling-place areas to be appointed by the Minister.

All the polling-place area rolls for a district shall be kept separately, and the surname of the electors on each such roll shall be arranged in alphabetical order according to the first le tter of each name, and shall together form the roll for the district. -

For each polling-place area there shall be one or more polling-places.

Short head- Omit the words “ Kevision courts before general

ing before	election ”
s. as.

39 to 4 i	Omit the sections.
inclusive.

45 (1) Omit the subsection, insert the following :—^

(1) The rolls for all districts shall be printed on or before the first day of October in the year in which the lists have been pre­ pared under section twenty-three, and any such roll shall be printed a t such other times as the Minister directs.

45 (2) After “ deputy registrar for the d is t r ic t” insert

“ and a t such other places as the Chief

Electoral Officer d irec ts”

45 (2) Omit “ thereat and ” ; after “ a t the office of ”

insert “ such registrar and deputy-registrars,

and of ”

45   A dd new subsection :—

(3) (3) Every roll kept by an electoral registrar or deput}'-registrar shall be open for public inspection a t their respective offices, a t such times as may be prescribed, without fee.

48 (2) A fte r “ reg is t ra r” insert “ or deputy reg is t ra r”

48	(2)	Omit “ district ” a t end of subsection, insert “ part of the district to which the roll re la tes”
49	(2)	Omit “ Schedule S ix ” insert “ Schedule F iv e ”
49	(3)	A fter “ reg is tra r” where first occurring insert

“ or deputy registrar ”

SCHEDULE

Parliamentary Elections (Amendment) Act. 227

S C H E D U L E -continued. George V,

No. 40.

Sectinii Siihsection

or and .Amendments made.

Schedule. )>aragniph.

(3) A t end of subsection iuld “ but before enteriTig the mime on the roll ho shall, unless he thinks

such cours(! uiinecessiu-y, refer tlie u|i])lic;ition to the ollicer in charge of the police within the jiiirt of the district to which the roll rehilcs ’

51  Omit ' ‘ polling-place” each time it occurs in the section, insert “ polling place a r e a ”

51	(1)	I Omit “ prescribed fo rm ” insert “ form of Schedule
1 l<'i ve ’

51	(3)	.-Cfter “ reg is tra r” where first occuning insert “ or deputy-registrar”
51	(3)	After “ transfer ” insi'rt “ or to change a n une to

I anotlu'r polling-place area in the ilistrict ”

52	I Omit “ wilfully ”	1
I

52  Insert new subsection as follows ;—

j	(2) I f anv person writes the signaturi' of any other person on any such claim or applica­ tion, or signs his name as witness on any such claim or application unless he has seen the person whose signature he purports to witness write his signature or make his mark thereon, he shall be liable to six months'imjii'isonment.
I
This subsection shall not allect the liability of any person to be proceeded against for forge) V, p)ij\ iilcd that he shall not be liable to b(' punished twice in respect of the same I illenee.

54  ( )mit section.

OS	()init, “ fortv-lifth ” and insert “ sixtieth,” mid at the end of the section add “ or on such latci' day as the (iovei'nor niav by proclamation in the Gazette dii’cct.”
75	Add the following pai’agiaph :—

4'he I'etui'ning officer for each distinct may, where necessary, appoint one or more persons to act as assistant returning officers for the purposes of any election.

79 ( 1) Omit “ m a le”

SCHEDULE

228                  Pariiamentary Elections (Amendment) Act.

George V, SCHEDl’LE—coyithmed.

No, 40.

Section Subsei tion

or j :ui<l Amtindments made.

S clieilu ’.c, j'a'au'iMjili

79  Omit “ (Signatures of noiiiiuators) ” insert in lieu

tliereof : —

Dated this day of 19

•SiuTiatures Place of Pulling-place

ot I residem-e as Ocenpation. area.

non.inalors. eii rolled.

79	(fi)	Omit subsection.
8U	After “ elected” insert “ ami shall publish such declaration in some newspajier publislied or circulaling in the d is t r ic t”
81	A t enil of section add “ together with a list of the i>i:illing-places and the date of the poll ”
84	(‘!)	0.1 it “ for any specified polling-place”
88	After ' justice of the p 'ace ” insert “ clergyman, schi ol teacher, or postm aster”
88	In the form of decDi-ation omit the words in italics within the brackets, “ and in the case of a returning otheer, or a substitute of a returning otlieer, or a deputy returning officer”
88	A t end of section add the following sub.sec- tion (“ ) : — {'!) Any clerg\-man, school teacher, or post-

ma-ter is authorised to receive any such

declaration. P ar t IV of the Oaths Act, 1900,

.shall ap[ilv to such ileclaration as if it were

made under the .said Act.

90  (3mit section ; insert following section in lieu

thereof:—

(1) Each candidate shall be entitled to ap­ point, b}’ writing under his hand, scrutineers on his behalf at each polling iiooth ; save as is hereinafter pirovided such scrutineers sliall I'e entitled to be present in tliat part of the booth in «liicli tlie ballot papers are received.

-A .scrutineer shall not—

(a) interfere with or attempt to iutluence any elector within the polling-booth,

SCHEDULE

Parliamentary Elections (Amendment) Act. 229

S C H E D U L E —conlinved.	George V,
No. 40.

Section Sul'scetion '

or and A inendinetits made.

Schedule. parai.'Tapli. ^

(1>) communicate with any person in the

polling-bootli except so far as is neces-

saiy in the discliaiye of his functions.

(■'!) A scrutineer shall not bo prevented from

enteriiu; or leav ing a jiolling-booth during the

jiolling, and, during his absence, a relieving

scrutineer may act in his ])lace ; hui. only one

scrutiii(‘er for each candidati' shall he entitled

to be present in a polling-booth a t anyone time.

(1) A scrutineer who commits any broach of

i	this .section, or who misconducts himself, or
j	who f.iils to obey the lawful directions of the
I	presiding officer shall he liable to a p(>nalty not exceeding live pounds, and may be removed
I	from the polling-booth by any memlx'r of the
j	police force or person authoriseil by the pre-
'	siding officer to remove him.

07

Omit “ the ivolling-jilace ” when’, first occurring,

insert “ any polling-place within the polling­

'

place ai'ea ; onut “ the polling-place for whicli he is enro lled” insert “ such area ” ; omit “ if

'

he makes and signs before the pre.siding officer

a declaration in the form of Schedule Nine ”

97  Insert new subsection as follows :—

(-) If the elector is of Jewish persuasion, and has made the declaration prescribed under section one hundred and nine of this Act, the declai’ation under section one hundred and lifteen of this Aet, may be made orally, and the signature of the eh'ctor provich'd for in those declarations may’ be madi' by the presid­ ing officer.

100 ( 1 ) After paragraph (d) insert the following para­

graph :—

(e) Have you left the electoral district for which you are enrolled for a longer j>eriod than one month prior to the

day v)f one thousand

nine hundred and (stating the day’ next before the day of the issue of the writ for the election).

100	(4) (b)	Omit “ last tw o ” insert “ last three ”
115	(1) (e)	After “ signed ” insert “ or initialled ”

SCHEDULE

230                 Parliamentary Elections (Amendment) Act.

George V, S C H E D U L E —coniliyinccf.

No. 40.

Section Subsection

or and Amendments made.

Schedule. pamgrraph.

l U	(-')	In the fii'st piaragraph aftc'r '• signed ’ insi'i't “ or initialled ”
116	A fter “ forwarded ” where firstly oceui ring

........

insert “ under registered cover where praeti-

ealile ”

118	(.3) (a) 1	After ‘‘ signed ’ insert “ or initialled ”
122	Omit “ not be counted ' insert “ be rejectial ”
129	After “ tribunal ” each lime it occurs insert “ or

pierson ’

] .30 (•‘5) .Vftci- “ appointed d a y ” where fir.st oceuiring insert “ or where the ]>olling luis been opened bu t fmni the absence of necessary forms, documents, or materials the poll cannot be ) roceeded w i th ”

137-146	Oiiut sections and slnirt heading.
inclusive.

ivr, Omit section.

ITO.i, 1 7 6 i: After section 176 insert tlu' following sections 17G.\ and 1 76b : —

176.\. E-vcept as otherwise expressly jno- vided in this A c t any person who is reiiuired by or under this Act to sign his name, and \\lio is unable to write, may make his dis- tingui.s'.iing mark whicli shall be attested by some other person, and such mark, if it is identifiable as such and attested as herein pro- \ ided, shall l e deemed to be the .signature of the [lei'son making it :

Provided th a t where any person is reiiuired to sign as a witness or as an oflicial, or where any ]>erson is required to sign in his own handwriting he shall not sign by means of a distinguishing mark.

176li. (1) Any person who, a t any imblic meeting to which this section applies, acts in a disorderly manner for the purpose of preventing the transaction of the Imsiness for which the meeting is held shall lie guilty of an od’miee against this A ct, and liable to a penalty not exceeding live pounds or to imprisonment for a term not execeding one month.

SCHEDULE

Parliamentary Elections (Amendment) Act. 231

S C H E D U LE—continnfd. George V,

Ko. 40.

1

Section Snl>soctioii

ami A m em lm cnts nm le.

Scliedule. paraifraph.

(2) This section tipplies to any lawful public political meeting held in relation to any election of members of the Parliament between the date of the issue of tlu; writ for tlie election and the ilate of the return of tlie writ.

Selu'diiles ' Omit Schedules, insert the following Schedule in lien thereof :—

r'ivo ami i

Six. i

S C H E D U L E FIV E .

Statk Er.ncTioNs.

Electoral claim

(for original enrolment, or for transfer, or for

change of enrolment).

Electoral district of [here insert name oj'

electoral district\

Polling-place area of [lure insert name o f

pollimj-place arcab\

Surname

Christian name a t full length

_	Place of residence
Occupation S. x

I claim to have my name [daced on the

electoral roll for the above district, to \o te at

[here insert nam e o f 2)ollinff-placej

1, I am a ( natural born ) .subject Ilf the King [^slrike out '• natural born ' or ‘ ( naturalised )

nahiral-

ised ” as the case requiresX

11. I am not under the age of twenty om'

years.

o. I ba\ o resided, or liad my principal [dace of abode immediately prior to the date of this claim—•

For six months in the Commonwealth of Australia, and for three months in New iSoutli Wales, atid for one month in the electoral district above-mentioned.

[In the case of a nalarnlised snhject/add the words “ after my naturalisjition.”]

SCHEDULE

232                  Parliamentary Elections (Amendment) Act.

George V,	S C H E D U L E —continued.
No. 40.

Section Subsection

or and Amendments made.

Schedule. parapjaph.

4. I formerly resided at , and

was enrolled for	polling-place area.
in the electoral district of

N o tk . —If not already enrolled for th e State Elec­ toral roll for New Soutii Wales strike out paragraph 4.

Dated the day of ,11) .

(Usual signature)

Note.—The claimant making any false statement in the above declaration shall be liable to six months imprisonment.

r [Aerc insert tiame in an elector

enrolled for tlie elec'oral district of , certify th a t I have seen the abovenamed claimant sign the above claim.

(Witness to signature of claimant)

(Occupation)

(Address as enrolled)

Received the day of 1 9 .

Registrar (or Deputy Registrar).

N o t e . — If any person writes the signature of any oilier person on any such claim or application or signs his name as a witness on any .such claim or application unless lie has .seen tlie person whose signature he pur­ ports to witness write his signature or make his mark thereon he sliall be liable to six months imprisonment.

Schedules	Omit the Schedules.	'
Eight, Nine, and Ten.

Schedule .Schedule Eleven is repealed and the following is

Eleven. substituted for i t :—

S C H E D U L E E L E V E N .

Absent voter s fo r m o f declaration.

I declare tha t I am the person enrolled as—

(Surname) (Christian name)

(Residence as enrolled)	(Occupa­
tion)

on the S tate electoral roll for

polling-[ilace area, in the electoral

district of and th a t I have not

ceased to reside in the district for a longer

period than one month prior to the day next

SCHKDULE

Parliamentary Elections (Amendment) Act. 233

SCHP^DULK — George V,

No. 40,

Subsection

and AmendincMits made.

Sclicdiile. para|;raph.

before the iliiy of the issue of tlie writ fur this election ; tha t I have not voted at eitlier this or any other polling-place, and 1 declare that if T am ])ermitted to rote at this polling-place 1 will not vote elsewhere at this election.

{S 'j t t i tn r r o f elector).

l)at( 'd before me, this day of

1!) a t polling-place in

. the electoral dis tr ic t of

Ke tu rn ing (or Iheimty l le t i i rning) Otlieer.

I ’n.N.u.TV. — If any person makes any such

declaration kr owing the same is u n tru e in an\- material j iart icuhu’ he shall hi' liable to im prison­ ment for a tm'in no t exceeding th ree months.

rA R L' [V.

Liquor Act, 1912.

9 . r.'ll-ai r̂tipll (c) of Sul).S(‘C;tioil O n t ' of s e c t i o n fifty- Amembnent ■

seven of tli(' I.i([iiof Act, lf)12, is amended by insevting

at the end of the proviso thereto the following words ;—	’
“ and only in sutdi a case when a poll is taktm.”

fsoti-prcparation o f 1918 rolts— Validation.

1 0 . It shall not be necessary or deemed to have been necessary to make lists or rolls for the year one thousand for i!)i7

remain in

nine hundred and eighteen, hut the rolls for the year one now rods

thousand niiu' hundred and scyenteen sliall, until new

rolls are made, he the rolls in foree for the respeetiye

districts.

M l I s I N U