Parliamentary Electorates and Elections Act 1902 (NSW)

Act No. 33, 1902.

All Act to consolidate enactm ents relating to Parliam entary electorates and elections. _	E i.kctoratks a n d
P a RI,I.\MKN'1AUY

E rk ctions .

[18̂ /̂ Aliquot, 1902.]

“O E it enacted by the Kind’s Most Excellent Majesty, by and with ■ ) the advice and consent of the Legislative Council and Legislative

Assembly of New South AVales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

Short title and interj^retalion—ss. 1-3.

1. This Act maybe cited as the “ Parliamentary Electorates Short uuc,

and Elections Act, 1902,” and is divided into the followmg Parts :—

amuigenunt.ic.

PART I.—Short title and interpretation—ss. 1-3.

PART

206 Act No. 33, 1902.

Parliamentary Electorates and Elections.

PART I I .—Redistribution o f seats and adjustment o f boundaries

—ss. 4-20.

PART	I I I .— Qualification o f electors—ss. 21, 22.

.PART IV.—Electoral registrars — Registration o f electors —

Electors' rights— General lists— Objections—ss. 23-40.

PART V.—Revision Courts—Electoral rolls— Provisional list—

ss. 41-50.

PART VI.— Writs— Returning officers—Nominations—Polling- places— Poll clerks, 8fc.— General provisions fo r the regula tion o f voting—-Special provisions regulating voting outside division and outside district— Voting by holders o f renewed or substitided rights— Conduct o f and proceedings at elections —Bribery, treating, intimidation, ^c .—ss. 51-116.

PART V II.— Committee o f elections and qualifications— Election

petitions—ss. 117-136. PART V III.—Miscellaneous provisions—Penalties, 8pc.—ss. 137

150.

2. (1) The Acts mentioned in the First Schedule to this Act, to the extent therein expressed, are hereby repealed.

(2)	All commissioners,registrars, and other persons appointed

to any office under the Acts hereby repealed, and in office at the passing of this Act, shall continue in office under this Act, and shall have the same liabilities, rights, powers, and duties in all respects as if this Act had been in force at the date of their respective appointments and they had been appointed hereunder.

(3) All electors’ rights, lists, rolls, regulations, notices, pro ceedings, and all other matters and things duly granted, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the passing of this Act shall he of the same force or effect in all respects as if this Act had been in force when they were so granted, made, commenced, or done, and they bad been respectively granted, made, commenced, or done liereunder.

Interprdation of	3. In the construction of this Act tlie following expressions within inverted commas shall hear the respective meanings hereby assigned to them, unless the context or subject-matter otherwise indicates or requires, namely :—
56 Vic. No. 38, s. 4.

terms.

“ Assembly ” means the Legislative Assembly of New South Wales. “ Authorised agent ” includes any person holding the written

authority of any candidate to act on his behalf for the election

then pending.

“ Bye-election ” means any election held for the return of a

Member pursuant to any writ not issued in respect of a

general election.

“ Check

j . . .

Act No. 33, 1902.

207

Parliamentary Electorates and Elections.

“ Check roll ” means a roll containing, togetlicr witli all other matters required to be contained on an (doctoral roll under thi.s Act, the number.s of all (doctors’ rights for tlic district, and such other entries as may he prescribed.

“ Division” means a division of an electoral district, or an eo vie. No. 25, s. i3.

undivided district.

“ Election ” means an election of any Member or Members of the

Assembly.

“ Electoral district ” or “ District ” means a district for tlie election of a Member to serve in the Assembly.

“ Enrolled ” means named on the electoral roll in force and applicable for the time being.

“ General election ” means an election held for the return of Members pursuant to writs issued by the Governor upon the dissolution or expiry of the Assembly.

“ List” means a list of electors compiled, but not revised or

perfected.

“ Marksman” means a person unable from any cause to write bis

name.

“ Member ” means Member of the Assembly.

“ Natural-born subject ” means a person born in His Majesty’s

dominions, as well as the son of a father or mother so born.

“ Naturalis(;d subject” means a person made or hereafter to bo made a denizen, or who has been, or shall hereafter be, naturalised in New South Wales, in accordance with the denization or naturalisation laws in force for the time being; but subject to the provisions of the Chinese Eestriction and Ilegulation Act of 1888, or any Act amending or consolidating the same.

“ Prcscrlla'd ” iruxins prescribed by this Act, or by any Schcluh; thci‘(‘to, or by any regulation made thereunder.

“ Hegi.strar ” means an electoral registrar appoimed under tli(!

authority of this Act as well as any deputy appointed to

perform tem])orarily the duties of, or acting as, such rc'gistrar.

“ lleturning olficer ” includes any person lawfully authorised to

act for a returning officer, or in bis place.

“ llo ll” means a roll of electors entitled to vote at elections under this A ct; and, for all purposes connected -witli such A'oting, includes any additional roll.

“ Speaker ” means the Speaker of the Assembly.

PART

208 Act No. 33, 1902.

Parliamentary Electorates and Elections.

PAET

II .

Eedistribution o f seats and adjustment o f boundaries.

Appointment of

commissioners for

4. (1) When any distribution of electoral districts becomes

redistribution of	necessary under the provisions of this Act, the Governor shall, by
seats, &c.	commission under the Great Seal, appoint three persons, each of whom
56 Vic. No. 38, s. 5.	shall he qualified as an elector in and for some electoral district of New South Wales, according to the law in force at the time of appointment, to be commissioners for the purposes of this Part, and to bo called “ the Electoral Districts Commissioners.”
(2) The persons so to be appointed shall be chosen by the Governor from persons then holding some office in the Public Service of New South Wales.

(3) The names of the persons so appointed shall he published

in the Gazette.

Duration of olice, &c.	5. (1) The office of a commissioner shall he tenable for the period named in sriji commission, and, if necessary, for such extended period to be named in a further commission, as the Governor may deem proper for the completion of the distribution in respect whereof such first-mentioned commission has been issued.
Ihid. ss. 6, 8.

(2) The office of a commissioner shall be vacated if for any

cause he ceases to hold office in the said Public Service.

Chairman.

6. The commissioners shall appoint one of themselves to be

Ibid. s. 7.	their chairman as occasion may require.
Rules.	7. The commissioners may, subject to the provisions of this Act, make rules for the conduct of their proceedings, but no such rule shall have any force until the same has been approved by the Governor.
Ibid. s. 9.
Tote of chairman.

Quorum—casting

8 . At all meetings of the commissioners two shall form a

Ibid. s. 10.

quorum, and in the event of an equality of votes the chairman shall

have a casting vote in addition to his original vote.

Disqualifications.

9. (1) No person who has been adjudged bankrupt or insolvent under the laws in force in New South Wales relating to bankruptcy or insolvency and who has not obtained a certificate of discharge or release of his estate under the said banliruptcy or insolvency, or who has been convicted of felony or misdemeanour, shall be appointed a commissioner under this Act.

Ibid. s. 11.

(2) If any commissioner becomes bankrupt under any sucli laws, or assigns his estate for the benefit of his creditors, or is convicted of felony or misdemeanour, he shall thereby vacate his office.

Appointments to

10. If any commissioner dies or becomes permanently incapable his office by reason of any of the causes in the ninth section of this Act mentioned, the Governor shall by commission under the Great Seal appoint a person eligible under the fourth section of this xict as

fill racancies.

from illness of performing his duties, or resigns his office, or vacates

Ibid. s. 12.

commissioner in his stead.

11.

V .

Act No. 33, 1902.

209

Parliamentary Electorates and Elections.

11. (1) I t shall 1)0 the duty of the commissionev.s, and they are Redistribution of

hevchy directed, to distrihutc New Soutli AVales into electoral districts

for tlie purposes of this Act, n ithiii tliree montlis after the results of 50 vic.No.38,'ss. 13

evi'ry census of the population of New South AVales has hecn

aseei'tainod and reported to the Colonial Secretary, which the Govern

ment Statistician is herehy required to do as earl}̂ as possible after

such census has been taken.

(2) Such distribution shall take elfect when approved by resolution of the Assembly with or without amendment, and upon jiroelamation of the names and boundaries of the electoral districts in the Gazette.

(3) In addition to the distributions herein prcscribc'd commissioners appointed under this Act may at any time in the fourth or lil'th year after the taking of any census, if tlie electoral roll then in force in any electoral district shows an increase of or reduction in the j)rescrihcd quota of not less than twenty-five per centum, exercise for any part of New' South AVales affected by such increase or reduction, including such electoral district, the like powers accompanied by the lik(' duties as are conferred on them on the taking of every censns.

12. The prescribed notice of any proposed alteration of an Xotic-o of propo.̂ ipd

electoral district shall he given by the commissioners in the Gazette,

and in some newspaper published or circulating in such district, and given,

objections in writing may be lodged with the commissioners against

14.

such proposed alteration, to which objections the commissioners shall

give due consideration before coming to a final determination.

13. (1) The commissioners shall report to the Governor the Report of

names and boundaries of the electoral districts determined by tliem.

under any provision of this Part.

lUd. s. is.

(2)	A copy of every such report, together with a duly

authenticated map of each electoral district defined in such report, shall he presented by the Governor to the Assembly within seven days from the receipt thereof, if in session, and, if not, then Avithin seven days after the commencement of the then next ensuing session.

14. The electoral districts existing at the passing of this Act, when new districts

Avith their respectAe names and boundaries, shall be the electoral

districts of N cav South Â âles for the purposes of all elections until the jud. s. le.

jmblication of tlie next proclamation of the names and boundaries of

electoral districts under this iVet takes effect.

16. (1) The Colonial Secretary shall fortliAvith, after each such

of districts to bo

proclamation, cause to he deposited in the office of the Clerk of tlie

Assembly a properly authenticated map of every electoral district number of Members,

named and described in such proclamation.

quota,

(2) Every distribution shall he made on the folloAving basis,

' •

̂ •

and he subject to the provisions hereinafter expressed, that is to say,—

{a) the total number of Members to he elected to serve in the Assembly shall he one hundred and tAventy-five ;

‘

{h)

210 Act No. 33, 1902.

Farliamentary Electorates and Elections.

{b) the quota of electors for the purposes of this Act for every distribution shall he ascertained hy dividing by one hundred and twenty-five the total number of electors on the rolls in force for the time being;

(c)

New South Wales shall be distributed into one hundred and twenty-five electoral districts, each to be represented by one Member only, and every such district shall have such an area that, at the time of making such distribution, the number of persons enrolled therein shall, subject to the margin of allow ance hereinafter contained, reach the prescribed quota;

{d) in making any such distribution due consideration shall be given to the then existing boundaries of electoral districts, to community or diversity of interest, lines of communication, and physical features;

(e)

the commissioners, in assigning any sueh electoral district, shall be entitled to adopt a margin of allowance, to be used whenever necessary, by way of addition to, or deduction from, the number of persons enrolled in such district to the extent of six hundred, whenever the apparent quota falls short of or exceeds the prescribed quota : Provided that such quota shall be in all cases adhered to as far as is practicable, having regard to the considerations aforesaid, and that a statement of the reasons for any proposed margin of allowance by way of addition or deduction exceeding two hundred shall be appended to the report to be made in pursuance of section thirteen of this Act.

When and Imw rolls

to be formed for new

16. (1) Within thirty days from the publication in the Gazette section eleven hereof, whichever period shall first expire, the registrar of each electoral district as then existing affected by such proclamation, and whether by way of increase or reduction of area or otherwise, shall form a new electoral roll for every newly-constituted district by trans ferring to such roll the names of all persons whose places of residence, according to the roll lastly in force within such disti'ict, appear to fall Avithin the area prescribed for the newly-constituted district.

districts.

of the divisions of districts (if any) mentioned in section twenty-three

56 Vic. No. 3S,

18. hereof, or witliin ninety days after the proclamation mentioned in

(2)

Such registrar shall, within thirty days after completing

such transfer, notify the fact in the prescribed manner to each person Avhosc name has so been transferred, and by such notification shall require him, Avitliin twenty-one days from the date of such notification, to apply personally or by Avriting, in the prescribed manner, for a ncAV elector’s right for the district of his ncAV enrolment.

(3) Every person so applying shall produce personally or

transmit (if the application be in AATiting) his elector’s right, which

such registrar shall cancel before giving or forwarding any new

elector’s right pursuant to this section.

(4)

Act No. 33, 1902.

211

Parliamentary Pleclorates and Elections.

( I) Tlie re^istnir sliall in tlio pre.scribcd manner "ive or forward to every sucli apjilicant entitled thereto a new elector’s right for the district of his new enrolment.

17. Where the boundaries of any electoral district described inrrovisionwiiereno

any proclamation under this Part of this Act are unaltered, tii(.aaerationof (Ostr

electoral roll in force for such district immediately prior to sueh jo yic no, 33, s. 19.

})roelamation shall he deenu'd to have been pri'pared as herein directed.

18. AVhen such new eh'ctoral rolls have been so iireparcd, every

i>rppnration

sii(*h registrar as alon^said shall lortliAvith give notice tliereol to tlie i>v colonial

Colonial Secretary, who shall publish the fact in the Gazette ; and from^‘’'>‘et*''.v- for all purposes.

and after the day of the gazetting of such notice the electoral roll so

19. All such rolls, when completed, may be dealt with for all ̂ purposes of this Act relating to the registration of electors.

//!«.r2i.

20. All electoral districts existing, and all eh.'ctoral rolls in I'AisUng district

i * j * i i *

roll?, &c*., to cont'imio

torcc at the time ot any redistribution of electoral districts under until dissolution. &c.

this Act shall continue, and remain in force, respectively, until the lUd. s 22.

dis.solution or expiration of the Parliament existing at the time when

such redistribution is made.

PART

III .

Qualifications o f electors.

21.

(1)

Sulijcct to the provisions of this Act, every male person. Qualification of

being a natural-horn subject, who has resided or had his jirincipal place

of abode in New South Wales for a continuous period of one year, and l i i U s. 23.

every male person being a naturalised subject who has resided for one

year within N cav South Wales after naturalisation, and who has resided

or had his principal place of abode in the (deetoral district for Avhich

he applies for an elector’s right for a continuous period of three months

immediately prior to the day on Avliich he makes application for sucli

elector’s right, or any claim for the purpose of giving effect to the

franchise to which he is lawfully entitled, shall, if not disqualified or

incapacitated under this or any other Act, he qualified as an elector

under this Act.

(2) Every person so qualified, being of the full age of twenty-oue years, absolutely free, and not disqualified hy this or any other Act, Avho resides in any division of a district shall, subject to tin; ])rovisions of this Act, he entitled to have an elector’s right issued to him for such district, and to liave his name inserted and retained on a list and roll for such division.

(3)

212 Act No. 88, 1902.

Farliamentary Electorates and Elections.

60 Vic. No. 24, s. 1,

(3) Althoiigli qualified as hereinbefore in this section provided, every person who at the time of making out any list,^or of the holding of any election for his district is in the Naval or Military Service on full pay, not being in any Militia or Volunteer Corps only, shall be incapable of voting.

(4)	Although qualified as hereinbefore in this section

provided, every person who, at the time of making out any list, or of

the holding of any election, for his district—

[a) is of unsound m ind; or

{h) is in the receipt of aid from any public charitable institution,

except as a patient under treatment for accident or disease at

a hospital; or

{c) is in prison under any conviction ; or

{d) has been convicted of any crime or offence wherever com

mitted, for which if the same had been committed in New South Wales, he might have been lawfully sentenced to death or penal servitude, and has not received a free pardon therefor, or served the sentence passed on him ; or

{e) during six months preceding the sitting of the Revision Court has been imprisoned without the option of a fine for an aggregate period of three months; or

( / ) within one year prior to the sitting of the said Revision Court has been convicted of bribery, intimidation, impersonation, or any similar offence at any election ; or

{g) during one year prior to the sitting of the said Revision Court has been convicted of being an habitual drunkard, an idle and disorderly person, or incorrigible rogue or a rogue and vagabond; or

{h) has against him an unsatisfied order of any Court for the

'	maintenance of his wife or children (whether legitimate or illegitimate) ; or

(i) has been convicted of having committed an aggravated assault

upon his wife within one year;

shall be incapable of voting.

Eestriction on right

22. (1) Notwithstanding anything hereinbefore contained no

56 Vic. No. 38, s. 24.

person shall be entitled to vote unless he—

57 Vic. No. 24, s. 3.

(a) is the holder of an elector’s right for the district in which he

60 Vic. No. 25, s. 7.

claims to vote;

(Ij) is enrolled for such district;

(c)	retains the qualification in respect of which such elector’s riglit was issued to him ; and
(d)	fulfils the conditions and requirements in respect of voting hereinafter prescribed.

(2)	Any person tendering his vote under this Act, if still

resident in a district for a division of which he obtained his elector’s

right

Act No. a.*?, 1902.

213

Parliamentary lUecAorales and Idleotions.

right shall he entitled to vote for such district r.otvyithstanding that he has changed his place of residence from such division to anotlier in the same district, and the term “ qualification” in this section shall he held to mean residence in the district for a division of which he acquired his elector’s right.

(3) An elector who has changed his residence from the Kiectorwi.o has

district for which he is enrolled to another district shall not on that for

account he debarred from voting at an election for the district for hiaoiddistiictfora

which he is enrolled, until a period of one month lias elapsed from one month.

such change of re.sidence :

Provided that in any case where the issue of a writ for an eh'ction prevents an elector getting his name placed on the additional roll in the new electorate, his right to record his vote in the old electorate shall hold good until after such election.

PAET IV.

Electoral registrars—PeglstraHon of electors—Electors' rights—

General lists— Objections,

23. (1) Within sixty days after any proclamation of the names Division of electoral and houndaries of electoral districts under the provisions of Part I I of

this Act, the Governor may (hut it shall not he obligatory on him to

vic No Ts

do so) cause any electoral district, the houndaries of which have been	' ̂	'	’
determined hy such proclamation, to he subdivided into so many divisions, each to he designated by such name as he determines ; and,
upon such subdivision being completed, the same shall be published in the Gazette so that the boundaries of every such division shall be therein defined.
(2) The Governor may in like manner at any time abolish, alter, rename, or rearrange any such divisions, and may establish any new division.

24. (1) The Governor shall appoint an electoral registrar for each Appointment, of

district, and such deputy registrars to act for the several divisions of

such district, and such other officers as may be necessary, who shall

‘

be remunerated as Parliament shall jirovide.	’	’
(2) The Governor may appoint, by notice in the Gazette, assistant registrars for any district who, Avithin the district or Avithin any specified part of the district as the GoAmrnor may think fit and notify as aforesaid, shall have the poAvers of the registrar for the district.

25. (1) The Colonial Secretary shall cause certificates to be Kicotor̂ ’rif-iiis—

printed, in blue ink, upon paper specially prepared to prevent s°eomi

fraudulent imitations, Avith butts as shown in the form of the Second so vie. No, ys, ?. 35

Schedule

No. 01, noo, .s. h.

214 Act No. 33, 1902.

1?arliamentary Electorates and Elections.

Schedule hereto; and lie shall, from time to time, cause a sufficient number of such certificates to be numliered, each with a different number, anti in regularly aseending arithmetical progression, com mencing Avith number one, and resuming such numbering and progression upon eacli successive numbering of certificates from the number then last impressed on any certificate ; and every number shall he printed or stamped in black ink in the body, and also in the butt, of each certificate. Such certificates shall, when issued, he termed "electors’ rights.”

(2)	The Colonial Secretary shall cause the certificates so

pi’inted and numbered to be hound together in hooks each containing not less ihan fifty, and sliall cause a sufficient number of unnumbered certificates to be hound together in separate hooks containing the like quantity, and shall cause to he transmitted to each registrar so many hooks of numbered and unnumbered certificates as may be required hy

sueh registrar for the purposes of this Act.

■

IClcotors’ riglifcs—	26.	(1) Any person (hereinafter termed " applicant ”) who
]iow issued.

Sc(!ond Scliedulc.	applies in person for an elector’s right to the registrar of any division,
56 Vic. No. 38, b. 36.	and who establishes his qualification as hereby prescribed, and, in the
60 Yic. No. 25, s. 8.	presence of the registrar, signs his name on the butt and face of the
No. Cl, H;03, 8. 15.	elector’s right to be issued to him, shall he entitled to receive from the registrar a numbered elector’s right, and the registrar shall, at the time of issuing the same, enter in the butt thereof the prescribed particulars.
(2) If the applicant is a marksman, the registrar, instead of requiring him to sign his name, shall require him to make his distinguishing mark, and shall then and there sign his name as a Avitness.
Q uestions before

issuing elector’s

(3) The registrar, before issuing any such elector’s right,

right.

shall put to the applicant so applying the questions on the butt thereof, and shall on the said butt write the answers of the applicant to such questions.

(4) After such questions have, been answered by the

applicant, and before an elector’s right is issued to him, such applicant sliall sign his name or, if a marksman, make his distinguishing mark thereto, Avhen such questions, and his answers, have been read by or to him, and the registrar shall sign his name as a Avitness.

(5) Such Avritten ansAvers above the signature or distin

guishing mark (as the case may be) of any applicant to Avhom an elector’s right has been issued shall be prima facie evidence that the same AAmro the answers made to such questions by such applicant pursuant to this section.

(6) If any applicant knowingly makes a false answer to

any such question he shall he liable to be imprisoned for any term not

exceeding six months; the elector’s right issued to such applicant

may he cancelled by the Eevision Coiu’t.

(7)

Act No. 33, 1902.

215

arliamentary l^lectorates and Elections.

(7)

Before any sucli a]>plicant answers any sucli question

the rej îstrar shall first warn him of the punishment to which a person

is liable who knowingly makes any false answer thereto.

27. (1) Except as provided hy this Act, an elector’s right shall Furtiior oondition

not he issued to any person to w'hom an elector’s right has previously

P'•o'l̂ ■lon0 ns to

issue of rights.

been issued.

56 Vie. No, 38, s. 37.

No. 61, IfOO, ss. 10,

(2) This section shall not apply when the elector’s right previously issued is deemed to he cancelled and of no effect hy virtue of the Act number sixty-one of the year one thousand nine hundred.

(3) All electors’ rights lawfully issued on or after the fifth day of December, one thousand nine hundred, shall he in force until duly cancelled.

28. (1) If the holder of an elector’s right has changed his issue of now right

place of residence from the district for which he is enrolled to some “siainX

other district, and desires to obtain an elector’s right for such last- 50 vic. No. 3s, s. 3S.

mentioned district, lie shall applv to the registrar of such district, and 57 vic. No. 24, s. 2 .

upon delivering up the elector’s right held by him to such registrar, <'0 vic. No. 25, ss. 1,

10 .

and satisfying such registrar that he possesses a qualification to he enrolled for such district as an elector thereof such as, but for the possession by him of such elector’s right, as aforesaid, would entitle him to the elector’s right for which he applies, such registrar shall put to the applicant the questions following, in addition to the questions specified in the last preceding section but one :—

JFas the elector's right now produced issued to you ?

Have you ceased to reside in the district fo r ivhich the elector s

right noiv produced was issued to you ?

(2) If ihe answers to the questions specified in the last preceding section but one satisfy the registrar that the applicant possesses a qualification as aforesaid, and the answers to the additional questions specified in the preceding subsection of this section are in the atlirmative, the registrar shall issue to such applicant the cleetor’s right for which he applies, and shall thereupon cancel the elector’s right so delivered up to him, and forward the same to the registrar of the district of his original enrolment, who shall forthwith write against the name of the holder of such right in the roll of such district and also across the butt of such right the ivords “ cancelled, right issued for another district.”

(3) If any applicant knowingly makes false answer to any such question he shall be liable to be imprisoned for any term not exceeding six months.

(I) The period of residence in a district necessary to entitle

a person to a transferred elector’s right under this section sliall be one

month, and the term “ qualification ” in this section shall be iuterpri'ted

accordingly.

29.

216 Act No. 33, 1902.

Parliamentary Electorates and Elections.

Transferred elector’s	29. The registrar of each district shall immediately upon the writing in the prescribed form from the registrar of the district for which the applicant previously held an elector’s right, as to whether the applicant is then duly enrolled for such district; and if the applicant is then so enrolled, the registrar of such last-mentioned district shall issue a certificate in the prescribed form accompanied hy his statutory declaration of the truth and accuracy thereof, and transmit the same to the registrar making such inquiry, and such last-mentioned registrar shall upon receipt of such certificate and declaration, but subject to the provisions of section forty-nine hereof, enter the name of the applicant on a roll to he called the additional roll for the district in respect of which the elector’s right under the said section has been issued.
for new district.	issue of an elector’s right under the last preceding section inquire in
60 Vic. No. 35, s. 12.
Prorision for issue of

right to be enrolled

substituted right

30. (1) If an elector’s right issued under the authority of this

when original is lost	Act has been lost, or is so torn or defaced as to he illegible in any
or defaced.	essential part thereof, the person to whom such right was issued may
56 Vic. No. 38, s. 39.	if still qualified to vote at an election for the district for which such
CO Vic. No. 25, 8. 10.
No. 61, 1900, 8. 15.	right was issued, apply for and obtain in lieu of such right, a substituted elector’s right of the like tenor; or (although not so qualified as aforesaid) may obtain, in lieu of such lost, torn, or defaced right, a substituted elector’s right of the like purport, which shall be used only for the purpose of enabling the holder thereof to obtain an elector’s right on change of residence under the last two preceding sections.
(2) The registrar of the district for which such lost, torn, or defaced riglit was issued, shall issue to such applicant a substituted elector’s right only when the title of such applicant to such substituted right has, by bis answers to the questions hereinafter required, or by the production by such registrar of the butt of such lost, torn, or defaced right, been established; and such applicant shall sign his name, or, if a marksman, make his distinguishing mark in the presence of such registrar in the body and butt of the right to be issued to sucli applicant and before such issue, and deliver to such registrar (if the original right ho only torn or defaced) the said right or the remnant thereof ; but such registrar shall not issue such substituted elector’s right to such applicant until he has ascertained the number and date of the right so lost, torn, or defaced, and has entered the same number and date in the body and butt of an unnumbered certificate. Subject to the aforesaid provisions, the registrar shall fill up, sign, and issue to such applicant the substituted elector’s right applied for, in like manner and form as in the case of an original elector’s right.
(3) The registrar where the applicant for a substituted right is still qualified to vote at an election for the district for which the original right was issued as aforesaid, shall write across the face of such substituted right and across the butt thereof the Avord

“ substituted” ;

Act No. 33, 1902.

217

Farliamentary Electorates and Elections.

“ substituted” ; or where such applicant is not still qualified to vote as aforesaid, shall write across the face of such substituted right and across the butt thereof the words “ sulistituted for transfer.”

(4) Before issiung such substituted elector’s riglit, the Provisions for

registrar shall put to the applicant the questions liereinheforc required

of electors’

rij'hts.

to he put to an applicant for an original elector’s right and the following

additional questions, namely :—

(rt) [Where the elector’s right is stated to have been lost.]

Eare

you made diligent search fo r your original elector s right, and do you honestly believe that the same is irrecoverably lost ?

(b) [Where the elector’s right is stated to bo defaced or torn.]

ihe elector's right now delivered up by you your original

elector's right, or a remnant thereof ?

(c) Are you the person named

o f

and

described as in the butt now shown to you, and is the signature appearing thereon your signature or the distinguishing mark appearing thereon your distinguishing mark (as the case may be).

(5)	Any applicant who knowingly makes a false answer to

any such question shall be liable to bo imprisoned for any period not

exceeding six months.

(()) If, in any case, tlie registrar, after having compared tlio name appearing on the elector’s right so delivered up with the name to be signed, or the distinguishing mark to be made in case of a marks man, by such applicant in the said butt, is of opinion that they are not in tlie same handwriting, or not similar in each case, he shall not issue the substituted elector’s right applied for unless a stipendiary or police magistrate, upon complaint of the applicant, and proof by the applicant that be is entitled to the issue of such right, directs the registrar to issue such right, which, upon such direction, shall be issued by him accordingly^.

(7) Upon the issue of any such substituted elector’s right

the registrar shall forthwith write against the name of the hokhir of

such right in the roll of bis district tlie words “ new certificate issued,”

and cancel the butt of the original elector’s right corresponding in	,
number with the number of tbc substituted riglit by writing across the same tbc words “ new certificate issued,” and shall affix thereto his signature and the date of such cancellation.

31. (1) Applications under sections twenty-six, twenty-eight. Applications under

or thirty for an elector’s right, instead of being made personally may

be made by sending through the post office to the registrar an Vic. No. 25 s. 8.

application in the form prescribed signed by tbe applicant, or if he is Xo. r.i, 1000, s. lo.

a marksman marked by his distinguishing mark witnessed by a justice

of tbe peace. Each application shall contain the answers to the

questions required by the section under which it is made, and the trut h

218 Act No. 33, 1902.

Parliamentary Electorates and Elections.

of tlie answer;? shall he verified by a solemn declaration suhscrihed before and attested by a justice of the peace or any clerk of petty sessions, oSicer of the police force, postmaster, public school-teacher, or any officer under tins Act, and such declaration shall be sent with the application.

(2) On receipt of an application made by post, together with the declaration aforesaid, the registrar shall, on being satisfied as to the qualifications of the applicant, issue the elector’s right by causing the same to be delivered to the applicant by some person authorised by the chief electoral officer in writing under his hand, on the applicant signing his name on the face and on the butt of the elector’s right.

(3) No right applied for by post shall be issued under section twenty-eight, unless the applicant has delivered to the registrar the elector’s right then held by him, or under section thirty, unless the applicant has delivered to the registrar any right which is torn or defaced; and until the registrar has ascertained the number and date of the right lost, torn, or defaced, and has entered the same number and date in the body and butt of the right.

Punishment for false

(4) Any applicant who wilfully and knowingly makes a

answer or

declaration.

false statement in any such declaration as aforesaid shall be liable to a penalty not exceeding twenty pounds, or imprisonment for any period not exceeding six months.

(5)	Any person who knowingly makes a false answer to such

questions as aforesaid shall be liable to imprisonment for any period

not exceeding six months.

Mistakes in rolls.	32. If any person proves to the satisfaction of the chief electoral officer that a mistake has been made in his enrolment on any roll in respect of his name, occupation, or residence, or any other particular, such officer may amend such roll, or cause it to be amended accordingly, and on receiving the elector’s right originally issued, may issue an elector’s right in accordance with such amended roll.
57 Vic. No. 2i, s. 1.
yearly lists.
Police to make	33. Such members of the police force as may be instructed by resident wfithin any division who are entitled to be enrolled but who are not enrolled for such division, shall in the month of April of cacli year make out a list of such names and sign the same, and make a declaration before a justice of the peace in the form of the Ninth Schedule, and transmit such list and declaration to tbe registrar.
Ninth Schedule.	the Inspector-General of Police to collect tbe names of persons
No. 01, 1900, s. 7.
make out general

Registrars to

34. (1) Every registrar shall, during the week ending on the first

lists of electors.	day of August in every year, make out, according to the form in the
56 Vic. No. 33, s. 41	Third Schedule hereto, for his division, and shall sign, a general list
CO Vic. No. 25, 8. 4.	arranged in the prescribed alphabetical order of the surnames of all
No. Cl. 1900, s. 7.	persons whose names are then upon any roll in force hereunder for such
Third Schedule.	division, and of all persons who, by tlie butts of electors’ rights in the possession of such registrar, appear to have taken out electors’ rights for

such

Act No. 33, 1902.

219

Tarliamentary Electorates and Elections.

such division, and have not heen since the issue of such rigilts included in any list or roll, and of all pi'i\sons whose names arc contained in any list made under section thirty-three hereof, and the registrar shall, in making out such general list, state therein from the said rolls, hutts, and lists respectively the prescrihed particulars.

(2) The registrar shall issue to each person ivhose name is uigios to i)c issued

contained in any list made under section thirty-three hereof, and has

heen passed hy the llcvision Court, an elector’s right in the form of

Tontli ScliediiU'.

the Tenth Scheduh', and shall take a receipt therefor as provided on

Ihe hutt of the said form.

35. (1) Every registrar after making out any such general list Printed copies of for a division shall forthwitli cause copies of the same to he printed hy font to dcrL* of’* the Government Printer; and shall before the fifth day of Septemher revision courts and in each year sign and transmit two copies of the general list for that

year to the clerk of the Eevision Court for that division, and one copy	'
to the person in charge of each post office within the division, who shall cause the same to he exhihited in some conspicuous position within or outside of such office.
(2) Such registrar shall notify, hy two advertisements in some newspaper puhlished or circulating in the division, that a copy of every such printed list is in his custody and open to inspection, and that a copy thereof may he inspected at any post office within the division, without fee, at all reasonable hours during the daytime until the day before the holding of the Eevision Court, and he shall also deliver a printed copy of every such list before the revision thereof to any person requiring the same, on payment for each copy of the prescribed sum.

36. The memhers of the police force shall, during the month Purification of rolls, of July of every year, make a scrutiny of the general rolls for the	8. i3.
districts of the State, and mark tliereon the names of all persons who have died or liave permanently left any district for which they are enrolled, and shall transmit such rolls so marked to the registrars for the respective districts, who shall take the necessary action to have such names expunged from the next general lists.

37. The registrar may register the temporary address of any ncgistmi-may

voter who may temporarily leave the district for which he holds an

elector’s right, witli a view to forwarding to him at such temporary leaving district,

address any objection that may he lawfully entered against his vote,

gg.vic. No. ss , a. 43.

38. (1) Any person may object to the name of any other person Objections to names being retained on any general list if, before or on the twentieth day of	̂	̂ j
Septemher ho signs and delivers or causes to he delivered to the
registrar for the division and also to the person objected to, notice	s.
of such objection in the form of the Fourth Schedule hereto, stating ik	’
therein the grounds of his objection.

(2)

220 Act No. 33, 1902.

Tarliamentary Electorates and Elections.

(2) Every sucli notice of objection shall be lawfully given if the same be sent prepaid by post, addressed to the place of abode of the registrar or of tbe person objected to as described in sucli list.

(;}) Every notice of objection given or sent to sucli registrar shall, whether delivered or posted, be accompanied with the fee of one shilling, Avhich shall be payable either in money or in stamps, at the option of the objector.

(f) When any person desires to send any such notice by post he may deliver, or cause to be deliv'ered, the same duly directed, open, and in duplicate, to the postmaster of any post office, and in all cases in which the registrar’s fee has been duly paid, the postmaster may compare the said notiee and duplicate, and, on being satisfied that they are alike in their address and their contents, may seal or secure and forward one of them to its address by the post, after the necessary stamp has been affixed thereto, and shall return the other to the person bringing the same, stamped with the stamp of the said post office; and the produelion by the person who posted such notice of such stamped duplicate shall be evidence of the notice having been given to the person at the place mentioned in such duplicate on the day on wliieh such notice would in the ordinary course of post have been delivered.

Piffcli Scliedulc.

(5) After the date aforesaid, the registrar shall make out in the prescribed manner, for each division of his district, a list of the names of all persons objected to, according to the form in the Eifth Schedule hereto ; and shall forthwith sign a copy of each such list, and transmit the same to the clerk of the Revision Court for the division, and shall also forthwith cause the same to be posted outside each post office and eourt-house of the district, and shall by advertisement in a newspaper published or circulating in the district, give notice that such copy is so posted, and may be inspeeted at the office of the registrar, and shall keep the said list, or a copy thereof, for inspection by any person, without fee, at and between the prescribed hours, until the day

of the holding of the Revision Court.

(6) The registrar may object to the name of any person when entered upon the list to be made as herein provided, by entering at the time of making out such list, in the proper column against such name the word “ objected to,” with the cause of objection clearly stated, and appending his initials thereto; and shall insert the name and the particulars relating to the person so objected to in the list of objections lastly hereinbefore mentioned, and give notice to such person as required in other cases; and no costs shall be awai’ded by any Revision Court against any registrar in respect of such objection in any case whatsoever.

List of deaths to be	39.	(1) Every district registrar of births, deaths, and marriages,
forwarded quarterly to
56 Vic. No. 38, s. 45.

the electoral registrars*

appointed under any Act in force for the time being, relating to the registration of births, deaths, and marriages, shall, in the months of

January

Act No. 33, 1902.

221

parliamentary Electorates and Elections.

.Tanuary, April, July, and October, respectively, fonvard to tbe registrar

for each division of any district within which division is comprised	,
wholly or partly the district to which such district registrar is assigned, a list to he made out in the manner prescrihed of all males of or above the age of twenty-one years whose deatlis have heen registered with him during the three months immediately preceding the month in which such list is so forwarded.

(2) The electoral registrar shall, upon the receipt of such

list, Avritc opposite the name of each person therein mentioned on a

copy of the electoral roll, if such person’s name appears thereon, the

‘

word “ dead,” and shall forward a certified copy of such roll and of

such list to the returning ofliccr for the district.

(3) If any such district registrar fail, refuse, or neglect to forward such list, or if tlie same he wilfully or negligently compiled in an inaccurate manner, such district registrar shall he liable to a penalty not exceeding fifty pounds, or to imprisonment for any term not exceeding three months.

40. (1) The Comptroller-General of Prisons and the Inspector-

General of Police, shall, in the months of January, April, July, and Lists of certnin

October in each year, forward to the Minister a list of all males, ^ bHLwarXd'in ’

apparently of or above the age of twenty years, imprisoned in any like manner,

gaol, lock-up, or other place of detention in New South Wales u n d e r sc Vic. No. 38, s. 46.

tlieir charge respectively; and such list shall contain a statement of

the offence for which each prisoner is imprisoned, his last known place

of residence at date of conviction, and similar particulars regarding any

previous convictions against such prisoner.

(2) Upon the receipt of the list the Minister shall forward to the registrar for each district such names and particulars from sucli list as maybe necessary for the purification of the roll for such district, and the conduct of elections therein.

(3) The registrar on receipt of such list shall write opposite the names of persons on the roll for the district, Avho appear from the particulars in such list to he disqualified from voting under this Act, the Avords “ in custody, disqualified,” and opposite the names of persons whose names appear upon such list, hut who do not appear hy

such particulars to he disqualified the Avords “ in custody ”; and shall

forward a certified copy of such roll and such list to the returning

olficer of the district.

I ’AllT

222 Act 2STo. 33. 1902.

parliamentary Electorates and Elections.

PART V.

Eevision Courts— Electoral rolls—Provisional list.

Revision Courts,

■when to be held.	41. (1) The general list for each division shall bo revised during (2) Such stipendiary or police magistrate as may he named by the Governor shall, at some convenient time during such month, sit in open Court, as such Revision Court, for the purpose of revising the list for each division, and every such magistrate shall, within twenty-one days at the least before the holding of any such Court, give notice to the clerk of petty sessions acting for the place where such Court is to he held [hereinafter referred to as the “ revision clerk”], of the time at which such Court will be held, and every such clerk shall give public notice thereof by advertisement in one or more newspapers circulating within the division fourteen days at the least before the holding of any such Court.
rs Vic. No. 33, 8.47,	the month of October every year, at a Revision Court to be held for that purpose at such place or places as the Governor may appoint.
(3) 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 be not present, the revision clerk may from time to time adjourn such Court to another hour or day :
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.
(4) The expenses incurred by such magistrates in the discharge of their duties under this Aet shall be defrayed out of moneys to be provided by Parliament.
Method of reTision,	42. (1) The Revision Court for each division shall, pursuant to made out by the registrar of such division and transmitted to tlie revision clerk; and the registrar, or some person on his behalf, shall attend the Court, and shall produce all books and butts of electors’ rights, notices of objection, and newspapers containing lists of the names of persons objected to, and all other books, lists, papers, and documents connected w'ith his office in the custody of the registrar or under his control, and shall support before the Court the objections of which he has given notice; and the revision clerk shall produce to the Court the lists transmitted to him.
powers of
powers of the Court,	pi’ovisions of tliis Act, revise the general list which has been last (2) The Revision Court shall have power to hear, receive, and examine evidence, and by summons under the hand of the revision clerk to require all such persons as it thinks fit to appear 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
costs, &c.
Ibid. 8. 48

under

Act No. 33, 1902.

223

Farliamentary Electorates and Elections.

under tlieir control as may appear necessary for the purpose of its e.Namination; and any person so required who, without suffieient excuse, neglects or refuses to coin})ly with such summons, or, having a])p('arod before the said Court, refuses without such excuse to he examined on oath or to take such oath, or, having taken such oath, to answer the questions put to him, may he dealt with in all respects as a person refusing or neglecting to appear or to give evidence before a Court of Petty Sessions.

(3) If it appear to a Ilevision Court that any person has made or attempted to sustain any groundless, frivolous, or vexatious claim, objection, or title to have any name inserted or retained on any list, such Court may oi’der the payment by such person of any sum not exceeding ten pounds as costs to he paid to any other person in resisting such claim, objection, or title. Any sum so ordered to he paid may, if not paid witliin the time specified in the order, he recovered as providc'd hy section one hundred and forty-six hereof hy the person named in the order as being entitled thereto.

43. (1) The Ilevision Court shall retain on the list under what mmes to be

revision the names of all persons to whom no objections have been [,f

duly made, and the name of every person who has been objected to i>rovision wIk-u

unless the person objecting appears in person in support of his objection

expunged,

and iiroves the due delivery of his notice of objection and publication ®̂opce of objection

J-

•>

and adjournment 111

tliereot in the list ot objections; and when the name ot any person certain enses.

insertt'd in any list has heen duly objected to and the person objecting 36 vic. No. ss. s. 49.

appears in person in support of such objection, and makes proof of the matters aforesaid, and gives prima facie proof of the matter stated in Ids objection, the Court shall retpiire proof of only so much of the qualification of the person objected to as is embraced in the grounds of objection ; and if the qualification of such person he not proved to tlie satisfaction of the Court, the Court shall expunge tlie name of such person from the list, and shall also expunge therefrom the name of every person of whose death, disqualification, or incapacity the Court shall consider that there is sufficient evidence; and the Court shall correct any mistake and supply any omission proved to have heen made in the l is t : Provided always that no person’s name shall bo expunged from any list, except in the case of death, unless the prescrihed notice has heen given.

(2) If the name of any person to whom an elector’s right has been issued has been omitted from any list, and if sucli person causes to be produced to tlie Ilevision Court by which such list is being revised the elector’s right issued to him, the Court may, after inspection of the hutt of such right in possession of the registrar, and on such evidence being given as may he required, insert the name of such jicrson, together with the several particulars relating to the same and appearing in sueh elector’s right, in such list so under revision.

(3)

224 Act No. 33, 1902.

parliamentary Electorates and Elections.

(3) Xotivithstanding anything contained in this Act, personal attendance of an applicant for enrolment at a Ilevision Court shall not he required except in cases where an objection has heen lodged.

Sixth Schedule.

(1) In the case of any person whose name appears upon any list so under revision, and who is deemed hy such Court not to be entitled to have his name retained thereon, the Court may order the revision clerk to cause notice of objection in the form in the Sixth Schedule hereto to he forthwith given to such person or to he left for, or sent hy post in a letter addressed to, such person at the premises at which by the list he appears to reside, and may adjourn the question relating to such name to some future day (not less than two days from the making of such order) to ivhich such Court is lawfully adjourned for the revision of sucli list, and such clerk shall not be bound to appear in support of such objection, nor shall costs be awarded against such clerk in respect of any such objection in any case whatsoever; and on proof of the clerk having so given such notice the Court shall proceed as in other cases of objection.

(5)	The magistrate shall in all matters give the decision of

the Court in open Court, and shall write his initials against every name struck out as aforesaid from any list, and against any part of any list, in which any mistakes have heen corrected or omission supplied and shall sign his name to every page of the list so settled, and shall then write or cause to he written at the foot or end of each list a certificate that the same has been revised and is correct, and shall date and sign

such certificate.

•

Certified lists to bo	44.	(1) The list so signed and certified shall be forthwith
delivered to

registi*ar, &c.	delivered to the registrar, who shall forthwith cause the names thereon
Seventh Schedule.	to be copied and printed in a roll, to be called the general roll, and

661^17 x^ 3 8 ^ 50. the prescribed alphabetical order of tbe surnames in the

CO Vic. No. 25, 8 . 10. form contained in and with the several particulars specified in the

Seventh Schedule hereto ; and shall prefix to every name in such roll a number, beginning at the first name with number one and continuing in regular arithmetical series to tbe last named thereon; and shall cause a sufficient number of copies of such roll to he printed; and shall, in every year, on or before the twentieth day of December, sign and transmit tbe said roll to the returning officer for the district; and shall also furnish to him from time to time so many copies thereof as are required; and shall transmit one copy of such roll to the person in charge of each post office witliin the division, who shall cause the same to be displayed in some conspicuous position within or without such post office ; and shall furnish copies to any person requiring them on the payment of the prescribed price.

(2) In making out any such roll the registrar shall not

enter tlicrcpn the number of any elector’s right, but shall for facilitating

the

Act No. 33, 1902.

225

parliamentary Electorates and Elections.

the identification of electors, prepare and forward to such returning officer, when required for any election, so many check rolls of electors as may be prescribed. And such registrar and returning officer are hertihy prohibited from disclosing any entry contained in such check roll unless lawfully required to do so.

45. Each such printed roll so prepared and signed shall be an Electoral roll

electoral roll for the division to ivliieh it applies, and shall he called durat!on'\c

the general roll for such division, and shall continue in force until the

gg ̂ gj

coming into operation of a new general roll, whether such new roll	’
he made at the prescribed time or at any time afterwards; and in addition to tlie divisional rolls other rolls shall he copied and printed in the form of a general roll for the district, and with the divisions arranged thereunder.

46. (1) When an elector’s right is issued under section twenty- I’rovisionai list— six hereof, tlie registrar shall forthwith enter upon a list to be kept hy

him, and to ho called the provisional list, the name of the person to go

Vic Ko 25 ss

Avhoin the same is issued, and the prescribed particulars from the butt A 5.	’
of the elector’s right.
(2) The registrar of each district shall, during the first w'eck of each month, cause copies of the provisional list to he transmitted to eacli person in charge of a post office or police office within the district. (3) The person in charge of such post office or police office shall cause the list to ho exhibited in some conspicuous position within
or outside such jiost office or.police office.

47. (1) A stipendiary or police magistrate, to be appointed as Objections to mime a revising magistrate hy the Governor, shall, during each month, on prOT̂ ionai'iistr

days to be notified hy the registrar of the district in the prescribed lud. %

. e.

manner, hold a Ilevision Court for the revision of the provisional list No. ei, 1900, s. 17.

at any place Avithin or without the district to which the list relates.	Tenth Schedule.
(2) The registrar, or any person then entitled to vote in the district, may, in the prescrihed manner, object to the name of any person being retained on the provisional list, and notice of objections so made shall be given in the prescrihed manner to the person whose

name is objected to.

■

(3) The magistrate holding the Court shall hear and determine all objections made as aforesaid, and shall expunge from tlie list the names of all persons not entitled to vote at an election Avithin the district, and tlie provisions hereinbefore contained Avith regard to the procedure before Ilevision Courts shall, as far as possible, apply to the Court held under this section.

(4) The list, Avhen signed and certified as correct by the magistrate, shall be transmitted by him to the registrar of the district, who shall enter the names thereon on the additional roll.

48.

Act No. 33, 1902.

parliamentary Electorates and Elections.

Rights of persons on	48. All persons whose names have heen duly entered upon the
additional roll.

60 Vic. No. 25, s. 3.

additional roll shall be entitled to the same rights as if their names

were then entered upon the general roll.

No entry to be made

in provisional list or

49. No entry shall be made in the provisional list for any

additional roll	district or on the additional roll in the interval between the issue of
pending an election.	the writ for an election in such district and the declaration of the poll
Ihid. s. 4.	for such election, hut the names of any persons to whom electors’ rights are issued under section twenty-six or section twenty-eight hereof shall be entered in the said list or on the said roll, as the case may be, forthwith after the day of election.
When lists or

documents not

50. (1) No list or other document shall be invalidated hy

invalidated.	reason only that it has not been printed, kept, or puhlished in or for
66 Vic. No. 38, s. 52.	the prescribed place, manner, or time.
Provision when there
has been no revision.	(2) If the revision of any lists awaiting revision have not heen made or completed within the prescribed time, the Governor may appoint a day, not more than twenty days from the last day upon which sueh revision might have heen made, to be the day for holding a Ilevision Court for revising the said lists, and such day shall, as to all such acts and proceedings as then remain to he done or had with respect to such lists, be deemed to he, to all intents and purposes, the day prescribed for such revision, and the time prescribed for the transmission of the roll shall he extended accordingly.

PAET VI.

Writs — Eeltirning

officers — Nominations — Polling-places — Poll-

clerks, ^ c .— General provisions fo r the regulation o f voting— ̂ Special provisions regulating voting outside division and outside district— Voting by holders o f renewed or substituted rights— ̂ Conduct o f and proceedings at elections—Bribery, treating, intimidation, Sfc.

Writs.

Governoi* to issue

61. Por the purpose of every general election—and also in the

wItL'n w'lmrrime'’*'

™

Asscmhly hccoming vacant after any such

writs for general

general clection, and before the meeting of Parliament—the writs for

isracinimHimae

clection of memhers shall be issued by the Governor; All writs for

returnable.

general clcctions shall he issued within four clear days after the

Ibid. s. 53. publication in the Gazette of the proclamation dissolving Parliament,

57 Vie;. No. 24, s. 10. q ,. after the Assembly has been allowed to expire by effluxion of time,

and every such writ shall be made returnable on a day not later than

the thirty-fifth clear day after the date of the issue thereof.

...........

62.

Act No. 33, 1!)02.

227

parliamentary Electorates and Elections.

52. Tlio day to be fixed for the meeting of Parliament after the When rariiamcnt return of writs for general elections shall not he later than the seventh

Qj ■\vrits.

clear day after the date on which such writs have been made se vie, li’o. 38. s. 54.

returnable as aforesaid.

53. When and so often as a vacancy occurs in the Assembly, Speaker to issue

vacancy, and the reason thero9 f, cause a Avrit to he issued for filling

such vacancy ; and on the death or resignation of any Member, the

the Speaker shall, upon a resolution hy the Assembly declaring such "''’'****’ such writ, and in case the Assembly he not in session, or Avhen such A'acancy occurs during any adjournment for a longer period than scA'cn days, he shall also issue the writ.

54. If at the time of the occurrence of any such vacancy, caused if no Si.cakcr

hy death or resignation, there he no Speaker, and the Assembly he not writ for the election of a Member to fill such \ncancy.

in session, or if the Speaker he absent from New South Wales, t h e g sg.

55. EAmry writ for the election of a Member to serve in the Writs direcua to

Asscmhly shall he directed to the returning officer of the district for

which the election is to he held. And in every such Avrit shall be	• • ■
named the day before which all nominations of candidates at and for any election must he made (hereinafter called the day of nomination), the day for taking the poll at the several polling-places in the event of the election being contested, and the day on Avhich the writ shall he returnable to the Go\"crnor or Speaker as the case may he.

56. The polling-day for every general election should he so PoiUns-day at

appointed that the election sliall take place on the eighteenth day

elections,

from the date of the issue of the Avrits.

57. (1) Every returning officer shall upon the receipt by him Duties of returning of any such AATit as aforesaid endorse thereon the day of sucli receijit,

and shall forthAAutli give public notice of the purport of such Avrit, of nid. s. 53.

the day of nomination, the days of polling, the polling-places, and the

return day mentioned respectively in such Avrit; and also of some

‘

place Avithin the district (to he appointed hy such returning officer) at

Avhich he Avill receive the nomination papers hereinafter prescrihed.

(2) Public notice for the purpose of this section shall mean notice in any newspaper puhlished in the district to Avhich such Avrit relates, or if there ho none such, then in any newspaper circulating in such district, or, failing that, then hy the exhibition of printed or Avritten placards in such places as the returning officer may think most likely to attract notice.

EeturHiny officers.

58. The Governor shall appoint a returning officer for each Ketuming officers district, and every such appointment shall he notified in the Gazette.

‘

And, nui s. GO,

228 Act No. 33, 1902.

arliamentary Electorates and Elections.

And, in case of the death of any returning officer, or in case of sickness or other cause disabling any returning officer from acting at any election, the Governor may appoint some person as returning officer in his stead.

Returning ofliecr or	59. No returning officer, nor any person who has been a the Governor, resigned such office at least fourteen days before the day of nomination for any election, nor any deputy returning officer shall he a candidate, or be elected or returned, or he or continue a Member for the district for ivliich he is or has been such returning officer, or deputy returning officer, as the case may he.
deputy not to be a
candidate.	returning officer, and has not, hy ivriting under his hand addressed to
56 Vic. No. 3S, e. 61
Returning ofliccr to	60. The returning officer shall forthwith, on the receipt hy some fit person to be the substitute, as hereinafter mentioned, of such returning officer, and such returning officer shall, in person or hy such substitute, attend at all reasonable hours in the daytime, in the interval between the receipt of such ivrit and the day of nomination, at the place so appointed for receiving the said nomination-papers, and if at any time, during such interval, the returning officer is absent at the time or place herehy appointed for the doing or suffering hy him of any act or thing relating to such election, then such substitute may and shall do or suffer such act or thing, or if the returning officer, hy reason of sickness or other disability, is unable to do or suffer any acts or things relating to such election, and the same is notified to such substitute, or if the returning officer dies, then such substitute at any time may and shall as and for the returning officer do and suffer all such acts and things, and subject in every such case to the like provisions, as if he were the returning officer.
appoint substitu'e.	him of any such writ as aforesaid, appoint, hy writing under his hand,
Ibid. 8. 63.
exhibit names ot
Returning ofliccr to	61. The returning officer shall upon each day between the mentioned in such writ, exhibit and keep exhibited, outside the place so named as aforesaid for receiving the nomination papers, in some public and conspicuous position, the names and residences of all persons who have duly become candidates for such election.
candidates.	receipt hy him of any writ and the day of nomination for such election
Ibid. s. 64.

Nominations.

Holder of an elector’s

right qualified to be

62. (1) Every holder of an elector’s right under this Act shall

elected as a Member.

he qualified to he nominated as a candidate and to he elected as a

Ihid. 8. 65.

Member for any electoral district unless he he disqualified for some

cause herein or in the Constitution Act, 1902, sj)ccified.

Candidates to be	(2) Before, and in order that, any person shall Ire a candi
nominated by at

least six duly	date at any election for any district, such person shall he nominated
qualified electors.	hy not fewer than six persons named on the roll for such district.

Nomination of

(3) Every nomination of a candidate shall he made hy

candidate.

delivering to the returning officer, or the person acting as his substitute

(who.

Aet No. :i8, 1902.

229

Farliamentary Electorates and Elections.

(who, if renaiiretl, shall ^ive a receipt for the same) a nomination-pap<‘r at some tin le after the issue of the writ and hefore six o’clock in the cvenin" of t he day preceding the day of nomination.

(4) Such nomination-paper shall he in the following form, We, tli'c undersigned, electors of the electoral district of

viz. :—^

do herehy nominate {here state name in full, occupation and p l ace o f residence o f the person nominated) for election as a 3Icmber of the Legislative Asscmhly for the ahovenamed di‘Strict.

{Signatures o f nominators.)

I, the ahovenamed

herehy consent to such nomination.

{Signed)

And no penson unless nominated in accordance; with the reepiiremcnts of this section shall he deemed to he a candidate for election pursuant to this Act.

(o) No elector shall nominate more than one candidate for

an electoral district.

63. I f only one candidate he so nominated, the returning officer Proceedings on

shall, at noon on the day of nomination at the place so named for ’!3\Tate oni/"*' the delivery of nomination-papers, publicly declare the candidate jq gg ̂ nominated to he duly elected, and shall make his return accordingly.

64. I f there he more candidates nominated than one, it shall w hen poll to be

he open to f py candidate to withdmw his name from nomination

delivering

notice under his hand to the returning officer or the ‘

person acting as his substitute hefore six o’clock in the evening of the day preCvi.'̂ ing the nomination day, and if after such withdrawal there are more than one candidate, then a poll shall take place on the days named in the writ for that purpose, and at the several polling-places for the district^ and the returning officer shall, at noon on the nomination da^jXind at the place named as aforesaid for the delivery of the nomination-papers, publicly announce that a poll will he so taken and the names of the persons who have become candidates, and shall also fortliAvith publish in some newspaper published or circulating in the district a like announcement.

65. The returning officer, after a poll has heen appointed for Ballot-papers to bo

any election, shall cause ballot-papers to he ]irinted with the names	signe*'-
in full of all the candidates, in the form of the Eighth Schedule ; and

shall provide a sufficient number of such ballot-papers, to he signed or	'
initialled and used as hereinafter provided; and if the names and surnames of any two or more candidates he the same, they shall he distinguished upon such ballot-jiapers hy the addition of their residence and occupation; and the directions in the said Schedule contained shall he of the same force as if they had been herein enacted.

Polling-places

230 Act No. 33, 1902.

Farliamentary Electorates and Electio

Polling-places—Poll-clerks, ^c.

Polling-places.

66. The Govemoi’ may, by notice in the Ga2

te,( appoint one

56 Vic. No. 38, s. 69. or mopo polling-placcs within each district

60 Vic. No. 25, s. 10.

Provided tliat—

(a) no place shall he so appointed at any time a;

issue and

before the day appointed for the return o;

’T for the

election of a member for any district; and

•

(i) the Governor, in any case in which he is ■

JsiiLv' ' hat the

convenience of a large number of the elect'i;s of- ar: district would be furthered by appointing polling-pi aces (iulside such district, may by notice as aforesaid appoi ■ su^iii polling-

places.

■

Booths to be erected

67. (1) The returning officer shall cause si ̂a i

’ s to he

or rooms liircd.

erected, or rooms to he hired or otherwise provid'.

. a .̂ving the

56 Vic. No. 38, s. 70.

±.

i t

“ xi

ro v ic . No. 25 s. 10.

clection at each poliing-place, as the C(

conduct

’

of the election may require.

Wlion more than	(2) If under this provision there is more man hue booth at
one booth, where

tleetors to rote.

any polling-place, there shall be affixed over the entrance af »'nch booth in succession so many letters of the alphabet in th-di ■Alphabetical order as shall denote the booth at which each elcctc - c cewding to the initial letter of his surname is to vote, and no elector 'nail be permitted to vote in any booth save that which is so denoted by tĥ in itia l letter

of his surname.

(.3) No polling-booth shall be in any lious', b

in respect

of which any license for the sale of fermented or spirituovfs liquors under the Liquor Act, 1898, is held by any person, or iipon the

premises ajipertaining to such house.

Bootlis how

68. Every booth shall be so arranged as to h%o one or more inner compartments opening only into that part in \vhi . h the ballot- box is kept; and the returning officer or his deputy ^hall provide in every such compartment pencils for the use of the voters, and shall also provide for each bootli a ballot-box having a lock and key, and with a cleft or opening therein capable of receiGng Ihe ballot- papers.

56 Vic. No. 38, s. 71.

arranged, &c,

Reiiyning officer to

69. The returning officer shall preside and b

the poll at some

unTif̂ pô iTdepm̂

hootliof sucli polling-placc within the district as h<5 sees fit; and he shall, by writing under his hand, apjtoint a dep ‘"y

at others.

’

such polling-place shall be deemed the principal ])o]lmg-p'ace; and

Ihid, 8. 72.

for him

and take the poll at each of the other booths of 1

. 1 polling-

places, and may also in like manner appoint one <

■

i*.ore persons to

Poll-clerics

appointed.

be poll-clerks, and by himself and his several depi es assist in taking

the poll as he may see fit.

Act No. 33. 1902.

231

JParlianientary Electorates and Elections.

70. Every returning officer, substitute of a returning officer, Substitute deputy

and every deputy returning officer and poll-clerk shall, before be

enters upon any of the duties hereby assigned to him witli regard to declarations,

any election, make and sign before some justice of the peace a

declaration to the effect folloiving :—

8>. o-, / .

I [A.B.] do solemnly declare that I will faithfully and impartially, according to the best of my skill and judgment, exercise, and perform all the powers, authorities, and duties reposed in or required of me by the Parliamentary Electorates and Elections Act, 1902, as returning officer [or substitute of the returning officer, or deputy returning officer, or poll- clerk, as the case may be~\ with regard to the election of a member for the electoral district of , and I do further solemnly promise and declare that I will not at the said election attempt to ascertain [and in the case o f a returning officer, or a substitute o f a returning officer or a deputy returning officer, save in tlie cases in wbicli 1 am expressly by law authorised so to do] for what candidate any person shall vote, or have voted, at the said election ; and that if in the discharge of my duties at or concerning the said election I shall have learned, or have the means of learning, for Avhat candidate any person shall vote, or have voted thereat, I will not by word or act, or by any other means whatsoever, directly or indirectly, divulge or disclose, or aid in divulging or disclosing the same, save in answer to any question which I am legally bound to answer.

And every declaration made under this section shall he transmitted by the returning officer or his substitute to the Colonial Secretary.

71. (1) Before flic day of polling the returning officer shall nj;putŷ rehim!ng

deliver to each of the deputies, for use at each polling-booth, sufficii'ut fun,jsh,.d wiUi

copies of all rolls in force for the district in and for which the poll is	'’“'is	'‘"‘i
to he taken thereat, certified under his hand to he true copies; and

also one set at least for the general use of scrutineers, and shall also	' ’	'
deliver to each deputy, and himself retain, such numbers respectively of the ballot-papers as are sufficient for the use of the electors entitled to vote at each booth at which such returning officer and deputies respectively are to take the poll; and every returning officer and deputy shall keep an exact account of all such ballot-papers.

(2) I t shall he the duty of such returning officer or his i>iiUcs of returning

deputy to sign or initial every ballot-paper when issued to each voter [.fating

at the booth at which such returning officer or his deputy m aybe	■
])residing, and also to write, or cause to he written, any additional liallot-papers that may he required, and such Avritten ballot-papers shall also he signed or initialled as hereinbefore mentioned.

232 Act No. 33, 1902.

Farliamentary Electorates and Elections.

How scrutineers to	72. Each candidate shall be entitled to appoint, by writing under his hand, one person to he scrutineer on his behalf at each polling-booth ; and every such scrutineer shall be entitled to be present in that part of the booth in which the ballot-papers are received.
be appointed.
56 Vic. No. 38, s. 75.
Scrutineer to make
declaration.	73. Every scrutineer before acting as such at any polling-booth, shall make and sign before the returning officer or deputy (as the case may be) who takes the poll at such booth, a declaration to the effect following:—
Ibid. 3. 76.

I, [A.B.] (scrutineer for C.D., a candidate at the present election for the electoral district of ), do solemnly declare that I will faithfully observe all the provisions of the Parliamen tary Electorates and Elections Act, 1902, Avhich relate to such my office of scrutineer ; and I do further solemnly promise and declare that I will not, as such scrutineer at the said election, attempt to ascertain for what candidate any person shall vote or have voted at the said election, and that if in the discharge of my duties at or concerning the said election I shall have learned, or have the means of learning, for what candidate any person shall vote or have voted thereat, I will not by word or act, or by any other means whatsoever, directly or indirectly, divulge or disclose, or aid in divulging or disclosing the same, save in answer to some question which I am legally hound to answer.

And every such declaration shall be transmitted to the Colonial

Secretary by the returning officer or his substitute.

Who may be present

74. (1) Tbe returning officer or deputy, tbe poll-clerks, and the scrutineers, and not more than six voters being at the time actually engaged in voting, to he designated, if necessary, by the returning officer or deputy, shall he permitted to enter or remain at any one time in any polling-room during the taking of the poll.

Ibid. B. 77.

(2) Any person who, without lawful authority, the proof of which shall be on him, enters any polling-room or, being therein, refuses to quit such room forthwith on being required by the returning officer or deputy, or by any member of tbe police force acting under the direction or authority of such returning officer or deputy, may be removed from tbe polling-booth, and shall be liable to a penalty, not exceeding ten pounds.

exhibit ballot-box

Returning officer to

76. Immediately before proceeding to take tbe poll at any for the inspeetion of the candidates, scrutineers, and poll-clerks present, tbe ballot-box open and empty, and shall immediately after wards close and lock, and place the same empty and keep the same unopened upon the table at whieh he is to preside, and in full view of all persons present in the polling-booth, and he shall keep the key of

before taking poll.

booth tbe returning officer or deputy (as the case may be) shall exhibit

Ibid. 8. 78.

the said box.

76.

in polling-room.

iL . .

Act No. 3.3, 1902.

233

Parliamentary Electorates and Elections.

76. Every pollin" shall commence on the day appointed for the Hours of ponins. same at eight o’clock in the forenoon, and shall, unless lawfully Ho. 2, isos, s. i. adjourned, finally close at six o’clock in the afternoon of the same day.

General provisions fo r the regulation o f voting.

77. Every person for the time being enrolled and holding an who mny rote,

wliero, and wlirn,

elector’s right for any district may vote at any election for such district

oG Vic. No. 38, s. 80.

at any polling-place in any division within such district, or at any

polling-place outside such district duly proclaimed under this Act.

78. Every person claiming to vote—

Votes—liow cluimcd.

H id. 9. 81.

(a)	shall state to the returning officer or deputy his names, and such other particulars of those hereby required to he expressed in the roll as the said returning officer or deputy may require for the purpose of ascertaining upon tlic roll the name intended by such person ;

(&) shall exhibit to the returning officer or deputy the elector’s right under which such person claims to vote ;

79. (1) When any person has so tendered his vote at a n y

••'■‘""lin);

polling-place, the returning officer or deputy shall ascertain that the votrbdng tend̂ ̂

name given by such person is upon the elector’s right exhibited by jud. 9. S2.

such person, and also upon a roll in force for the district for w vic. No. 24,

which such polling-place is appointed, and shall satisfy himself of

the identity of the person exhibiting such elector’s right with the person 9 . 10.

’

who, according to the check roll in his possession, should be the holder

of such right.

(2) The returning officer or deputy may thereupon, if he think fit, and shall, if required so to do by any scrutineer or by any two pei'sons entitled to vote at the polling-place at which he presides, require any such person to sign his name or distinguishing mark in a hook to he kept for that purpose, and may, if he think fit, and shall, if required so to do as aforesaid, put to any such person, before such person shall have received a ballot-paper and not afterwards, tlu; questions following hereinafter called “ the prescribed questions ” (that is to say) :—

{a) Are you the person whose name appears as [A.B. No.

]

in the general or additional roll in force for the district for

which the elector’s right now exhibited by you was issued r

[1}) Was the elector’s right now exhibited by you issued to you ?

(c)	Arc you qualified to vote either as residing in the district for which the elector’s right was issued or as having resided there within the last month ?

(d) Have you already voted at the present election ?

248 Act No. 33, 1902.

JParliamentary Electorates and Elections.

by tbe best evidence they can procure, or which is laid before them, whether the same be such evidence as the law would require or admit in other cases or n o t:

Provided that the committee may receive or reject as they may deem fit any evidence tendered to them.

Decisions of	124.	(1) The committee shall determine finally on all questions
committee and

their effect,	referred to them, and if they determine and report to the Assembly
56 Vic. J^o. 38, 8.128.	that a person was not duly elected who was returned as elected by the returning officer, the person so declared not to he duly elected shall cease to be a Memher of the Assembly, and if they determine and report any person to have been duly elected who Avas not returned hy the returning officer, the person so declared shall he sworn a Member of the Assembly, and take his seat accordingly ; and if the said committee declare any election to have been Avholly void, or declare any sitting Memher to be unqualified or disqualified, the Speaker may issue a new writ for the holding of another election, and the person, thereafter elected and duly returned shall he the Memher for the electoral district concerned.
(2) If the committee come to any resolution other than the determination above mentioned, they shall, if they think proper, report the same to the Assembly for its opinion at the same time that they inform the Assembly of such determination, and f he Assembly may confirm or disagree with such resolution and make such order thereon as seems proper.

E lection p e t it io n s .

126.

(1) Every petition complaining of the undue election or

Petition against	return of a Memher to serve in the Assembly, or complaining that no
sitting Member.	I’eturn has been made according to the requisition of the writ issued
Ihid. p. 129	for the election of a Member to serve in the Assembly, or complaining of any special matter contained in any such return, shall he subscribed hy some person who Â oted or had a right to A'ote at the election to Avhich the same relates, or hy some pei’son claiming to have had a right to he returned or elected thereat, or alleging himself to have been a candidate at the election, and shall in the case of a general election he addressed to the GoA êrnor, and in the case of a hy-election to the Speaker, and shall he presented to the Governor or Speaker within eight weeks after the day of the return of the Avrit to Avhich such petition relates.
(2) Every such petition shall he forthwith notified in the Gazette, and shall, as soon as conveniently may he after sueh presen tation, be laid hy the Governor or the Speaker before the Assembly, and shall by the Assembly he referred to the Committee either forthAvith or as soon as the committee has been duly appointed and confirmed.
Assemblj may

refer to commit! oe

126. I t shall be competent to the Assembly upon any petition

petilion.

subscribed as aforesaid and presented to the Speaker to refer such

Ihid. 3. 130.

petition

Act No. 33, 1902.

249

Farliamenlary Electorates and Elections.

petition and the question thereby raised to the committee, and tlie Assembly shall also have power upon the like petition to refer to the committee all questions respecting bribery or corruption alleged to liavc been committed at any election at any time within twelve months after sueh election, notwithstanding that the period in either of the above cases has elapsed for a petition against the election or tlie return thereof according to the provisions hereinbefore in that behalf contained.

127. Before presenting any such petition as aforesaid to the Governor or Speaker, the person by whom the same is suhscrilied shall pay into one of the hanks regulated by law within New

Wales or into a branch thereof a sum of fifty pounds to the credit of the Speaker in relation to the said petition, which sum shall he payable towards the costs of the petition as hereinafter regulated, and shall ho liable to he withdrawn upon the order of the Speaker either for the purpose of such payment or for the purpose of restoring the same to the petitioner wholly or in part as the case may require.

128. Every such petition shall have annexed thereto a bank Recoipt for deposit

deposit receipt for the sum of fifty pounds so deposited and shall l̂ et'itTon'.''"*"̂

contain a recital of the fact and particulars of such deposit.

And any nui. s.

petitioner who wilfully annexes to any such petition a false receipt or Avho wilfully makes in any such petition any false recital shall be deemed guilty of forgery, and he liable to bo punished therefor.

129. All persons subscribing any such petition shall he deemed Parties to petition,

to he parties to the reference, and the sitting Member to whose election any such petition relates, or any person who voted, or who had a right to vote thereat, or any person complained against in any such petition, may within four weeks after presentation thereof, hy notice in writing to the Speaker, he admitted as a party to support or to oppose the same, or to defend the return of the sitting Memher, as the case may he, and every person so admitted shall be deemed to be a party to the reference.

130. The parties to any such reference may at any time after Parties withdrawing

pi’( sentation of the petition so referred, jointly or severally withdraw been complained of, or his agent, and also to the adverse parties or their agent, and in all such cases the parties so withdrawing shall he liable to the payment of all such costs and expenses incurred hy any of the adverse parties, as the committee in its discretion deems reasonable and just.

their suppoi’t or opposition, as the case may he, hy written notice to nui. s. 134.

that effect under their hands, or under the hand of their agent to the

131. I t shall he lawful for the committee to determine and j^ward of costs and

report to the Assembly upon all petitions so referred, and in all cases

to award payment of such costs or expenses incurred hy any of the

“ '

‘

parties.

250 Act No. 33, 1902,

Parliamentary Electorates and Elections.

parties, as the committee in. its discretion deems reasonable and just, and to name the parties in each case liable for such payments, and the parties (if any) to whom such payments are to he made.

Sitting Member	132. Whenever no adverse parties have been admitted as afore
liable for costs and

expenses in certain

said, and it appears to the committee that the sitting Member whose

cases.

election has been complained of, or his authorised agent, has been

5C Vic. No. 38, s. 13G,

guilty of vexatious or corrupt conduct in respect of the election to which the petition relates, such Memher shall be liable for the payment of all such costs and expenses incurred by any of the parties supporting the petition as the committee in its discretion deems reasonable and just.

Petitioners liable to

133. Whenever it appears to the committee that a petition so or not sufficiently sustained hy evidence, the committee may impose upon any of the parties supporting the petition such penalty (not exceeding fifty pounds) as the committee in its discretion deems reasonable and just, and such penalty shall he paid by any such parties named hy the committee to the Clerk of the Assembly, and may he recovered by the said Clerk in the same manner as all costs and expenses awarded hy the committee are hereinafter directed to he recovered. And the money so recovered shall, after deducting costs and expenses necessary for the recovery thereof, he paid to the Treasurer, and form part of the Consolidated Revenue Tund.

penalties.

referred to them was frivolous or vexatious, or altogether groundless,

H id . s. 137.

Costs and expenses

how to be certified.

134. The said committee shall, upon application made to tliem deliver to any witnesses summoned before the committee, or to any other person entitled under the provisions of this Act to costs and expenses, or to the Clerk of the Assembly, in case any penalty has been awarded, a certificate thereof, signed hy the chairman of the committee, expressing the amount of the costs and expenses allowed, or of the penalty awarded with the name of the party liable to pay the same, and the name of the party entitled to receive the same, and such certificate shall he conclusive evidence for all purposes whatever as well of the amount of the demand as of the title of the party therein named in that behalf to recover the same from the party therein stated to he liable to the payment thereof.

Ihid. s. 138.

Recovery of costs.

135. (1) The Speaker may, hy order under his hand, direct the payment of the said sum of fifty pounds deposited according to the provisions hereinbefore contained, or a sufficient portion or propor tionate part thereof, to any party who, by such certificate, appears to he entitled to recover costs and expenses, or any penalty as against the person by whom such deposit was made.

Ibid. s. 133.

(2) The party entitled to any such costs, expenses or

penalty under such certificate may recover the same, or so much

thereof as shall not he paid out of any deposit from the party liable

to pay the same.

(3)

Act No. 3 3 , 1902.

261

Farliamentary Electorates and Elections.

(3) If the party liable to pay siicli costs, expenses, or penalty does not upon demand bein" made within seven days tlnn’cafter jiay tbe same, tbe Speaker shall, by warrant under his hand direeted to the Sheriff, command the Sheriff to levy for the amount nami'd in such warrant upon the lands, goods, and chattels of the party liable to pay the same; and thereupon the Sheriff shall forthwith levy for the said amount, and when the same is recovered, pay over the same to the party entitled thereto.

(4) Any person from whom the amount of such costs, expenses, or penalty has been recovered, or who has paid the same on d('mand thereof, shall be entitled to recover in any Court from tlie other persons (if such there be) who are liable to the payment of the same a proportionate share thereof according to the number of persons so liable, and according to tbe extent of the liability of each person.

(5)	In every case in which the committee finally determim's

and reports to the Assembly upon any such petition without making any award as to costs or expenses, or imposing any penalty, the Speaker shall, upon demand of the depositor, return to him, or his agent, the

said sum of fifty pounds.

136. (1) The committee shall have powerto direct the attendance Powers in respect of

of witnesses, and to examine them upon oath (which oath it shall be

competent for any member of the said committee to administer), and cyidence, contempt,

also to send for and examine papers, records, and other documentary	*«•
evidence, and it shall be competent to the committee if they think fit to receive affidavits relative to any of the matters referred to them taken before any justice of tbe peace (which affidavits such justice of the peace is hereby authorised to take).
(2) If any person summoned by the committee disobeys such summons, or refuses or neglects to produce any papers, records, or other documentary evidence relating to or affecting the matter under investigation wliich have been sent for by the committed', or refuses to submit himself to examination, or gives false evidence, or prevaricates or otherwise misconducts himself in giving or refusing to give evidence, he shall be deemed guilty of a misdemeanour, and be liable accordingly.

(3)	Any person wilfully or knowingly giving false evidence

before the committee, or a quorum thereof, or in any such affidavit, shall be deemed guilty of wilful and corrupt perjury and be liable to be punished therefor : Provided that in any case where a witness if examined before the Supreme Court would be permitted to make a solemn declaration, or to give evidence in any other way than upon oath, a witness summoned under this Act shall be allowed to give evidence in like manner by declaration or otherwise.

PART

252 Act No. 88, 1902.

arliamcntary Electorates and Elections.

PAllT

V III.

Miscellaneous provisions, penalties, ^c.

Kegiiiations. 137. (1) The Govcmor may make regulations tor carrying the

5cvic.iso.38,9. 141. px.ovisions of this Act into full effect; and all such regulations, in so to Vie. No 2j, s lu. jĝ r as tliey are not inconsistent with the provisions of this Act, shall,

*■ on being published in the Gazette, have the full force of law, and shall he laid before both Houses of Parliament within fourteen days after such publication, if Parliament he then sitting, and if not, then within fon.'teen days after the commencement of the next ensuing session.

(2) The Governor may in such regulations provide for .any proceeding, matter, or thing for which express provision has not been herein made, in order to give due effect to the intent and meaning of the provisions of this Act.

(3) Where any alteration of a form in the Schedules is 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 he necessary, the Governor may, hy regulation or notification in the Gazette, declare that such alteration shall be made, and thereupon the same shall be made and take effect accordingly.

Certain offences in	138. (1) If any person, without lawTul excuse or authority (the or has in his possession any certificate or document in the form of the Second Schedule hereto, or resembling, or apparently intended to resemble such form, such person shall he guilty of a misdemeanour, and may be fined in any sum not exceeding one hundred pounds, or imprisoned for any period not exceeding two yeai’s, or may be both fined and imprisoned within the said limits.
connection with
cerlificates.	proof whereof shall be upon the person charged), prints, supplies, issues,

Vic. No. 38, s. 142.

(2) If any person forges or utters knowing the same to

he forged, any certificate or elector’s right, he shall he deemed

guilty of felony, and shall he liable to imprisonment, with or without

hard labour, for any term not exceeding five years.

(3) Provided that any person acting under the directions of the Colonial Secretary shall he deemed to he a person acting under lawful authority within the meaning of this section.

Offence of stufTing	139. Every person who knowingly places, or is privy to the issued to an elector, and been marked, filled up, or otherwise dealt with hy him as hy this Act required, and any elector who places in the hallot-box any paper other than the ballot-paper issued to him for that purpose, shall he guilty of a misdemeanour and he liable to he Imprisoned for anv term not exceeding one vear.
biillot-box.	placing, in a ballot-box any ballot-paper which has not been lawfully

I h i d . s .

143.

‘

140.

Act No. 33, 1902.

253

parliamentary Electorates and Elections.

140. (1) Subject to the provisions in this Act relating to the Kiwiors’rigiit;3 not

transfer of electors’ riglits, no transfoi’, delivery, pledge, sale, gift, oi‘ 50 vjl̂ .'

exchange of an elector’s right shall he good as against the person to'"	•	•
whom the same was issucnl; and any stipendiary or police magistrate, on the complaint of any such person, that any other person detains, or has in his possession any such elector’s right, and on proof tliercof, and of demand made for such right, and of refusal to deliver it up to the person to whom it was issued, may order the said right to he delivered up to the last-mentioned person.
(2) Every person detaining an elector’s right after demand made hy tlie person entitled thereto shall he liable to a penalty not exceeding twenty pounds.

141. If any person, being at the time a memher of the police 1'eni.ity on members forc(!, takes any part in any election (except hy recording his vote) or

intluencmg voters,

seeks to innuence in any manner any elector in giving liis vote lor any &c.

candidate, such person shall incur a penalty not less than ten pounds md. »• h5.

nor more than one hundred pounds.

142. The Governor may, from time to time hy warrant under Payment of expenses, his hand addressed to the Colonial Treasurer, authorise and direct t l ia to 6 V ic .N o . 3s,s. u c . all such moneys as are from time to time required for paying any

expenses lawfully incurred under and iij the execution of the provisions of this Act, he paid out of the Consolidated Revenue, and the same shall he so paid accordingly.

143. If in the opinion of the Minister any registrar, or deputy summary penalties

registrar, or other officer, has been guilty of any negligent act of commission or omission, contrary to the provisions of this Act, the Minister may, hy writing under his hand, after calling upon any such officer to furnish any explanation he may think fit personally or in writing and, after considering such explanation, order that the whole or any portion of the salary payable to such officer under the authority of this Act during the year then current shall be forfeited.

144. If any registrar, or other officer or person, is guilty of any PcmUiy for

wilful misfeasance, or wilful or grossly negligent act of commission

or omission in contravention of the provisions of this A(;t, he shall he	‘	'
liable to a penalty of not more than fifty pounds, nor loss than five pounds, or at the disciadion of the Court, to be imprisoned for any period not exceeding three months.

145. (1) The Colonial Secretary may make rules and regulations AttcmUnce of

as to the davs, hours, and places on and at which anv registrar or deputv

registrar shall attend at his office or offices for the purposes of this Act,	' '	'
and as to what shall he deemed a reasonable price or payment i'or any rolls, or other matters regarding which it is liereinhcfore provided that a reasonable price he paid for the same.

(2)

254 Act No. 33, 1902.

Parliamentary Electorates and Elections.

Errors may be

(2) Where any aecidental or unavoidable impediment,

corrected.

misfeasance, or omission has happened in the preparation or trans mission or printing of any roll, of what kind soever, the Governor may take all such measures as may he necessary for removing such impediment or rectifying such misfeasance or omission.

Mode of recovering	146.	Every penalty, fine, forfeiture, or sum of money recoverable
penalties.

56 Vic. No. 38, ss. 4,	or payable pursuant to the provisions of this Act may he recovered
150.	before, and every ott'cncc against or violation or hreaeli of the provisions of this Act, or of any regulation made thereunder (not being a felony or misdemeanour) shall be heard and determined by and before a stipendiary or police magistrate having jurisdiction within the district or at the place where the proceedings are taken, in a summary manner according to the provisions of the Act or Acts for the time being regulating proceedings before justices.
Costs and compensa
tion may be awarded	147. If at the hearing of any information under the thirty-ninth information is unfounded, frivolous, or vexatious, the Court may, whether the information lie dismissed or not, order that the prosecutor shall pay to the defendant such costs, together with, where such information is unfounded, frivolous, or vexatious, such further sum hy way of compensation not exceeding ten pounds as seems reasonable; and the same shall he recovered in like manner as any sum of money adjudged to be paid for any offence, act, or omission, by any conviction or order made by any justice.
to defendant.	or the ninety-third section hereof it appears to the Court that such
Ibid. 8. 151.
Limitation of time,
&c., for recovery of	148. No person shall be liable to any penalty, forfeiture, or offence committed is commenced against such person within the space of six months next after such offence has been committed. And proceedings for or in respect of any offence under this Act may be taken hy any member of the police force, or hy any person whomsoever, save where by this Act in any particular case some other person is charged with the duty of taking such proceedings.
penalties, &c.	punishment imposed under this Act, unless the prosecution for the
Ibid. 8.152.
Appropriations of

fees and penalties.

149. All moneys received by any officer under the provisions of

Ibid. s. 153.

this Act shall be paid to the Colonial Treasurer, and shall be deemed

to he received on account of the Consolidated Revenue Eund.

Provision as to

Sunday, Good

160. Whenever any day or date provided or appointed hy or

Friday, and Clirist-

under this Act for any purpose falls on a Sunday, or Good Friday, or

nias Day.

Christmas Day, then such provision and appointment shall take effect

Ibid. s. 154.

as for the day following; and all further changes of time rendered

necessary by any such alteration may lawfully he made.

SCHEDULES.

Act No. 33, 1902.

255

Parliamentary Electorates and Elections.

SCHEDULES.

EIEST SCHEDULE.

Number of Act.

Name of Act.

Extent of repeal.

50 Vic. No. 88... Parliamentary Electorates and Elections Act of The unrepealed

1898. portion.

57 Vic. No. .3 ... Parliamentary Electorates and Elections Act of

The whole Act.

1893 Amendment Act.

57 Vic. No. 24... Parliamentary Electorates and Elections Act of

The wliole Act.

1898 Further Amendment Act of 1891.

GO Vic. No. 24...

Eranchiso Extensinii .Act, 1890

...

The whole Act.

OOVic. No. 25... Parliamentary Electorates and Elections Act

The whole Act.

Amendment Act, 1890.

No. 2, 1898

... Parliamentary Elections (Polling) Act, 1898

... The whole Act.

No. 89, 1900 ... Parliamentary Electoral Law Suspension Act, 1900... The whole Act. No. 01, 1900 ... Parliamentary Elections (Amendment) Act, 1900... The whole Act. No. 84, 1900 ... Parliamentary Electorates Eedistribution Act ... The whole Act.

SECOND SCHEDULE.	Section 25.
[To be printed in blue ink.]	No. 61, lEOO.

(B u t t .)

Schedule 3.

No.

Electoral district of

Division.

Elector s riyht.

Name of holder

Kesidence	Electoral district of
(1) What are. your Ghrislian names, surname,

residence ( indudiny the street, ami the number	Division.
or name ( i f any) o f the house in ivhidi he

resides ), and occupation ?

The bolder liereof \_namo in full]

(2)	Are you o f the fu ll aye o f twenty-one years ?

(3) Are yon a natural-horn or a nuluralised subject,

[add oscitpatioii]

and which ?

(1) ( I f a natural-horn subject) Hare you resided or

had your principal place o f abode in Heiu South	wliose 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 riyht ?	enrolled, entitled to vote at cloctlous of

( I f a naturalised subject)

Have, you resided or

had your principal place o f abode in New South	Members of the Assembly in the above
Wales fo r a continuous period o f one year since, your
naturalisation, and immediately prior to the date o f	district, being qualilied in respect of
your application fo r an elector's riyht ? (5) Have you resided or had your jminc.ipal jtlace of

abode in this electoral district fo r a continuous	manhood and of residence in such
period o / [ “ one month ” in ca.se of a transferred
right and "three, months" in case of an original	district.
or .sulwtituted right] immediately prior to this date ?

(6) Have, you before received an elector's right in any district in New South Wales ? [and \ f the

(A.B.), Eegistrar.

answer be “ Yes,"] in what district!

(C.D.), abovenamed.

(A.B.), Eegistrar.

(C.D.), abovenamed.

The

day of

, 19

(Date)

THIED

256 Act No. 33, 1902.

Parliamentary Electorates and Elections.

Sect ion 34.

THIED SCHEDULE.

56 Vie. No. 38.

A.D. 19

Electoral District of

Schedule .B.

Division.

Geneuil list of persons claiming: to be entitled to vole for Members of the Legislative

Assembly of New South Wales.

Number on electoral roll.

Surname in full.

Christian name in full.

Kesidence.

Occupation.

(Signed)

A.B., Eegistrar.

Section 38.

FOUETH SCHEDULE.

Ibid.

Notice o f objection.

Schedule C.

Electoral district of

Division.

I iiEREDT object to the name of (C.D.), described as upon the general list for the above division and district, now awaiting revision, being retained on such list, upon the following grounds {here state grounds).

Dated this	day	of	19	.
(Signed)
of {state residence).

Section 33.

FIFTH SCHEDULE.

Ibid.

A D. 19

Electoral district of

Schedule D.

Division.

L ist of names of persons objected to upon general list.

Ground of

No. on

Surname of

Name

Residence

Christian name

objection

electoral

person objected

Residence.

Occupation.

in full.

(briefly

roil.

to in full.

objector.

stated).

A.B., Eegistrar.

Sect ion 43.

SIXTH SCHEDULE.

Ibid.

Notice o f objection.

Schedule E.

Electoral district of

Division.

Bg order of the Revision Court.

I HEREBY object to the name of (C.D.), described as upon the general list for the above division and district, now awaiting revision, being retained thereon, and the grounds of such objection are as follow {here state grounds) ; and I hereby give notice to the said (C.D.) to attend at the Eevision Court at on the day of

, at	o’clock, and prove so much of his qualification as is herein objected

to, or his name will be expunged from the said list.

(E.T.), Clerk of Eevision Court.

SEVENTH

Act No. 83, 1902.

257

parliamentary Electorates and Elections.

SEVENTH SCHEDULE.

Section 44.

50 Vic. No. 38.

Electoral Dif<trlct of

Division.

Sclieclule F,

G e k e u .vl roll of persons entitled to vote for Members of tbo fjcgislative Assembly of

Now South Wales.

Niunbor on roll.	Surname in full.	Christian name in full.	Kesidence.	OceuiKition.
1
I

(Siynal)

A.13., Eegistrar.

EIGHTH SCHEDULE.

Section 65.

Ibid.

Form of haUot-pnpcr.

Schedule U.

Electoral district of

C A N n i D . U 'E s ’ names (to he arranged in alpliahctical order of surnames) thus; —

Adams, George

Beard, Tbomas

f	(Where necessary under section si.\ty-five add

Clarke, William

(’	residence and occupation in the same line.)

Johnson, Henry

)

Directions.

(1) The voter must strike out the name of the candidate or candidates for whom

ho does not wish to vote by drawing a lino through such name or names.

(2) The voter must leave one name and one only uncancellcd, or the ballot-paper

will be invalid.

(3) The voter after marking the ballot-paper according to the aforesaid directions

must ])laee it in tbo ballot-box.

(1) The voter must not take his ballot-paper out of tlie polling-booth.

NINTH SCHEDULE.

Section 33.

, do solemnly and sincerely declare that 1 have to tbo best of

d̂liedli'lc'̂ l

knowUtdgo and ability, and in accordance with the provisions of the Barliamentarv

’

Electorates and Elections Act of 1!)02, collected the list for the

division of tlie

clector.al district, and that 1 have not omitted from such list the name of any ])erson resident within such division whom 1 knew' or believed to be (lualitied and entitled to vote under the said Act, nor have I inserted in any list the name of any person w hom 1 knew or believed to be disqualified to vote by the said Act.

Signed and declared before me,

(Signed)

this

day of

, 19

(Signed)

Justice of the Peace.

TENTH

258 Act No. 84, 1902.

General Legal Procedure.

Section 3i.

TENTH SCHEDHLE.

Ko. (il.ltXJl

[To be printed in blue ink.]

Section 4.

(B u ix .)

No.

No.	Elector's Ilujht.

Electoral Eislricl t f

Electoral District of

Division.

Name of holder

The bolder of {name in full]

of	\juid occupation]

Eesideiicc

whose name is signed hereunder, is, if enrolled, entitled to vote at elections of

Heceivcd from

my elector’s

Members of the Assembly in the above

rifrht numbered as above.

District, being qualified in respect of

{Signature.)

Manhood and of Eesidence in such District.

{Place.)

(A.B.), Eegistrar.

{Bale).

(C.D.), abovenamed.

{Witness.)

The

day of

, 1 0

ELEVENTH SCHEDULE.

To the Eegistrar of the Electoral District of

I {name in full), of {residence), hereby give notice that I object to the name of

A.B. being retained on the Provisional List for the District of	, on the
following grounds:—

{Signature.)

{Date.)