Parliamentary Elections (Neutral Bay By-Election) Act 1945 (NSW)

PARLIAMENTARY ELECTIONS (NEUTRAL

BAY BY-ELECTION) ACT.

Act No. 35, 1945.

An Act to amend the Parliamentary Electorates George vi.

and Elections Act, 1912-1944, in certain respects; and for purposes connected there­ with. [Assented to, 13th December, 1945.]

T JE it enacted by the King’s Most Excellent Majesty, f j by and with the ad ice and consent of the Legis­ lative Coimcil and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows ;—

1.       (1) This Act may be cited as the “ Parlianieiitarv siiort title

Elections (Neutral Bay By-Election) Act, 1945.’ ̂ *

(2) '

532                 Parliamentary Elections (Neutral Bay By-Election)

Act.

Mo. 35,1945.

(2) This Act shall be read and construed with the

Parliamentary Electorates and Elections Act, 1912-1944.

Interpre­

tation. 2. In this Act, unless the context otherwise requires,

“ active service” has the meaning ascribed to it by the Commonwealth Defence Act 1903, as amended by subse­ quent Acts.

I'oting by 3. (1) Subject to the provisions of section twenty-one

members of

tiro Forces.	of the Parliamentary Electorates and Elections Act, 1912­ 1944, a qualified person within the meaning ascribed to that expression in subsection two of this section shall be entitled to vote under and in accordance with this Act at the By-election which is to lie held for the Electoral District of Neutral Bay on the fifteenth day of December, one thousand nine hundred and forty-five.
(2) A person shall be a qualified person for the purposes of subsection one of this section if—

(a)	he is or has been a member of the Defence Force of the Commonwealth; and
(b)	he has been on active service during the war in which His Majesty was engaged and which com­ menced on the third day of September one thousand nine hundred and thirty-nine; and
(c)	his place of living is situated within the Electoral District of Neutral Bay; and

(d) he is over the age of twentj'-one years; and

(e) he is not enrolled on the roll for any electoral district in New South Wales.

'Hethod of 4 . (1) A person who is entitled under section three of

T oting .

this Act to vote at the by-election referred to in that section and who wishes to vote, shall attend at any polling-place and fill in and sign a declaration which—

(a) shall bo printed on an enveloi>c; and

(b)	shall bo in or to the effect of the form set out in the Schedule to this Act; and
(c)	shall be attested by thS returning officer or a deput}' returning officer.

(2) If the returning officer or deputy returning ■officer is satisfied that the declarant is entitled to vote at the by-election by reason of section three of tliis Act—

he shall issue to the eleclarant a ballot-pa'per;

’■ ( b )

Parliamentary Elections (Neutral Bay By-Election) 333

Act.

No. 35,1945.

(b)	wheii tlie declarant has marked his vote on the ballot-paper and handed the ballot-paper to him, he shall place the ballot-paper in the envelope bearing the declaration made by the declarant; and
(c)	he shall forthwith deposit the envelope in the ballot-box.

5 .        (1) A Iverson shall not vote more than once under offencea.

this Act nor shall he vote under this Act and also under the Parliamentary Electorates and Elections Act, 1911!-

1944.   '

(2) A person shall not personate another for the

purpose of voting under this Act.

(3) A person shall not make a wilfully false

declaration in respect of any matter or thing for Avhich a

declaration is required by or under this Act.

(4) Any person who contravenes any provision of this section shall he liable to imprisonment for a term of not less than three months and not exceeding tAveh’e months.

(>. Notwithstanding anything contained in any other Votiug

Act, a person entitled to Amte under this Act shall not be AetMtto guiltv of an offence bv reason only of his failure to vote. i<ecompu.- ‘ sorv .

SCHEDULE.

rAHLIAMEXTARY ELECTIONS ( N e UTU-AL B aY B y - E lECTIO.\) A c t .

Bcclaraiion hy qualified person claiming to vote under the

ahovementioned Act.

(here insert name and address in full, rank or designation, A'o. or discharge Xo. (if any) and unit to which attached) declare that:—•

(1) I am (or have been) a member of the Defence Force of the

Commonwealth.

(2) I have been on active service during the war in which His

Majesty was engaged and which commenced on the third day

of September one thousand nine hundred and thirty-nine.

(0) 5Iy place of living is situated within the Electoral District

of Xeutral B a y .

( f )

334                  Opticians (Amendment) Act.

Ko. 35,1945,

(4) I have not voted at the Bi-eleoiion for the Electoral District of f^cutral Bay, held this day, and I promise that, if I am now permitted to vote, I "ill eot asain vote or attempt to vote at that By-clcction,

(5) I am over the age of twctity-oiie years.

(C) I am not enrolled on the roll for any electoral district in this

State.

I am aware that it is an offence to personate another for the purpose of voting under the ahovementioned Act, or to mate any wilfully false statement in this declaration or to vote more than once at the hy-clcrtion held tliis day,

(Personal signaluie of volcr.)

Declared before me a t .......................................... the hfteenth day of

December, 1945.

(Signature of rcl.urninff oiUcer, or depufg rc/uri»i,!f^ o/;icei’, as f/ie case ruaij hr.)