Parliamentary Electorates and Elections (Amendment) Act 1928 (NSW)

PAELlAirENTAKY ELECTORATES

AND ELECTIONS (AMEND

MENT) ACT.

Act No. 55, 1928.

An Act to make further provisions relating to the

George v,

T- 1

° j

Wo,55,1933.

Ji>lcctorai Jjistncts Lommissioners and the

—

redistribution of electoral districts; to vali date the non-proclamation of the names and boundaries of the electoral districts as deter mined under the Parliamentary Electorates and Elections (Eurtlier Amendment) Act, 1927; to provide for the appointment of an Electoral Commissioner; to provide for the compilation of a joint roll for the purposes of Commonwealth elections and elections to the Legislative Assembly; to provide for the compulsory expression of preferences in

voting

516 Parliamentary Eieetorates and Elections (Amendment)

lkL.55, i m

Act.

voting at elections to tke Legislative Assembly; to provide for compulsory voting at such elections; to pro^dde for the estab lishment of a Court of Disputed Returns; to repeal the provisions of the Parliamentary Electorates and Elections Act, 191 d, as amended by subsequent Acts relating to the appointment and functions of the Com mittee of Elections and Qualifications; to repeal the Parliamentary Electorates and Elections {Further Amendment) Act, 1927; to amend the Parliamentary Electorates and Elections Act, 1912, and certain other Acts; and for purposes connected therewith. [Assented to, 4th January, 1929.1

*]T)E it enacted by the King's iViosf Excellent Majesty, _lD by and witli tlie advice and consenr of tbe J.egis- lative Council and Legislative Assembly of Xew South Wales in Parliament assembled, and by t!ie antliority of the same, as follows :—

PAET I.

PnELinix.\i;Y.

Short title,

1. (1) This Act may be cited as the “ Parliamentary

Electorates and Elections (Amendment) Act, 192S,” and shall be read witli tlie Parliamentary Electorates and Elections Act, 1912, as amentied by snbsequent Acta.

(.2) The Parliamentary Electorates and Elections Act, 1912, as amended by subsequent Acts, is in this Act referred to as the Principal Act.

(3) Tbe Parliaraentai’y Electorates and Elections Act, 1912, as amended by subsequent Acts including this Act, may be cited as tlie *' Parliamentary Electorates and Elections .Act, 1912-192S.”

(4) Tills Part of this Act shall commence upon tbe passing of this Act.

2ft

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517

Act.	(To. &5,18(23.

2. This Act is divided into Pavts^ as follows:—	Aol.
IMvision of

PAIIT I.—

PAIIT I I .— Redistjuuution of Electoiial D is-

TllICTS.

D ivision 1.— Elecioml districts commmioners.

D ivision

2.—Method o f distribution.

PAIIT

I II ,—E lectoral Cosimtssioneh.

PAET lY .— Compilation of Joint P olls by

THE COMMONM'EALTEI AND THE STATE.

D ivision

1 .— Jdafe of commencement, ^ c.

D ivision 2.— Fower to arrange v:ilh the Com-

momcealth.

D ivision 3.—Method of preparation of rolts,

D ivision ^.— Qualifications of electors, ^x.

D ivision

o.— Miscelhmeo^is.

PAPT V.— Compulsory E xpression of P refer

ences.

PAPT VI.— Compulsory Voting.

PAPT V II,— Court of D isputed P kturns.

PAPT V III.— M iscellaneous Amendments.

PAPT

518 Parliamentary Electorates and Elections (Amendment)

Ho. 5S, 1928.

Act,

PART II.

R euistribution of E lectoral D istricts.

D ivision 1.— Electoral districts commissioners.

Co.umeuee-

3 . This part of this Act shall commence upon a date

ment.

to he appointed hy the Governor and notified by

proclamation published in the Gazette.

Act No. 41,191S.

Amendmtut of

4 . The Principal Act is amended—

Soo, 6,

(1) hy omitting section six and hy inserting in lieu thereof the following sections; —

Appointment	C. (1) "Vt'licn any distribution of electoral visions of this Act the Governor shall, by com mission under the Great Seal, appoint three persons to he commissioners for tlie purposes of this Part, and to he called the “ Electoral Districts Commissioners.”
of commie-
aionOfe for ro-	districts becomes necessary under the pro
distributinn
of seats.
(2) Tlie persons so to he appointed shall he the persons who for the time being hold the offices of Electoral Commissioner, Government Statistician, and Surveyor-General respec tively.
(3) The names of the persons so ap pointed shall be published in the Gazette.

Comm is-	Ga . Eor tlie purposes of carrying out the
eioners may

nae eorvices	powers and duties conferred and imposed upon
of officers of
tbo Public	the Electoral Districts Commis.sioners by this
Bar vice.	or any other Act, the Electoral Districts Com missioners may, with the approval of tlie Minister of the department concerned, inahe use of the services of any of tlie ofllccrs and emjdoyecs of the Public Servii'c including memhers of the })olice force.

Sec. 7 (2).

(2) hy omitting subsection two of section seven and by inserting in lieu thereof the following subsection :—

(2) The office of a eommissioncr shall be vacated if for any cause he ceases to possess the qualification for aiipointment mentioned in subsection tu o of section six of this Act.

(3)

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(3) by omitting section eight autl by inserting Sm. s,

the following section in lieu thereof :—

8, At any meeting of the commissioners tbe ct.aiiiimn.

Electoral Commissioner shall, wlien present, be chairman; ami in bis absence the commis sioners si mil appoint one of tlicmselves to he ell air man as occasion may require.

Division 2.—Method of distribution.

5. (1) The Principal Act is further amended—	jnr‘i]t of Act	l-'iifthcr amend*
» o . 41,

(a)

by omitting subsection two of section seventeen, s«o. n {2j. after section seventeen

17a. (1) Every distribution shall be made

ita.

on the following basis, tliat is to say—

MctUoiiof

(a)	the total number of members to pp elected to serve in the Assembly sliall be ninety;
(b)	New South “Wales shall lie distributed into ninety electoral districts, each of which shall be represented by one member only.

(2) In carrying out a distribution of electoral districts, tbe following provisions shall be observed—

(a)	New South “Wales shall be divided into three parts which are respectively referred to in this section as “ the Sydney area,” “ the Newcastle area,” and “ the conntry area,”
(b)	The Sydney area shall comprise that portion of Nmv South Wales wliich is included within tbe boundaries set out in Division A of Schedule Twenty-one to this Act.
(c)	'file Newcastle area shall comprise that portion of New Soutli AVales ivliieh is included within tbe boundaries set out in Division B of Schedule Twenty-one to this Act.

(cl)

520 Parliamentary Electorates and Elections (Amendment)

Act,

(d)	Tlie country area shall comprise that portion of New South Wales which is not included within either tlic Sydney area or the Newcastle area.
(e)	The Sydney area shall be divided into forty-three electoral districts.
(f)	The Newcastle area shall he divided into five electoral districts.
(g)

The country area shall be divided into (3) In dividing the Sydney area into

forty-three electoral districts the following

provisions shall be observed : ~

(a)	Every such district shall have such an area that, at the time of making the distribution, the number of persons enrolled for the district shall, subject to the margin of allowance referred to in paragraph (e) of tliis subsection, reach the quota as ascertained under that paragraph.
(b)	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,
(c)	For the purpose of ascertaining the quota of electors for the Sydney area, tlie total number of electors enrolled in the Sydney area at the time of the distribu tion shall be divided hy forty-three, with a margin of allowance not exceeding twelve hundred.

No reasons for the addition to or deduction from the quota of any such margin of allowance need be given or appended to any report by the com missioners making such distribution.

{i)

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Act.

No. 55, 1928.

(4)	111 dividing the Newcastle area

into five electoral districts the following pro

visions shall be observed :—

(a)	Every sucb district shall liavc such an area that, at the time of making tlie dislvilmtion, the number of persons enrolled for the disti'ict shall, subject to the margin of allowance referred to in paragraph (c) of this subsection,- reach the quota as ascertained under that paragraph.
(h)	Diur consideration shall he given to tlie then existing boundaries of electoral districts to community or diversity of interest, lines of commiioieation, and physical Iratures.
(c)	Eor the jiurpose of ascertaining tlie quota of electors for tiie Newcastle area, the total number of electors enrolled in the Newcastle area at the time of the distribution shall he divided by five, witli a margin of allowance not exceed ing twelve lumdred.

No reasons for the addition to or deduction from the quota of any such margin of allowance need he given or app'eiided to any report hy the com missioners making such distribution.

(5)	111 dividing the country area into

forty.t\v(j electoral districts the following pro

visions siiall he oliserved :—■

(a)	Every such district shall have such an area that, at the time of making tiie distribution, the number of jK-rsons enrolled for the district shall, subject to tlie margin of allowance referred to in para^rapii (c) of this subsection, reaeli the quota as ascertained under that paragrapli.

(tj)

522 Parliamentary Electorates and Elections (Amendment)

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Act,

(h)

Biie consideration shall be givc’n to the then cxistiii" boundaries of electoral districts to communif.y or diversity of interest, lines of communication, and physical features.

(c)

For the [lurpose of ascertaining tbe quota of electors for the country area, the total number of electors enrolled in the country area at the time of the distribution shall be divided by forty- two, with a margin of allowance not exceeding twelve liumlred; and no reasons for the addition to or deduction from the quota of any such margin of allowance need be given or appended to any report by the commissioners mahing such distribution.

Xew	(b) by inserting next after Sebedule Twenty (as
Schedultt

Twenty-ime,

inserted by this Act) the following new

Schedule;—

Sec. 17a.

RD r LE

T W E S T Y ( )S E.

D ivision

A .

J!vumhiri‘\i nf (he Sijdnry J

CoMMiiS'Cisc. iia the shon; i)£ tlie South Eiu-ifio Oecaii a t !jamiiijooy and homiiltal thence by a line vvetitcily to W est H ead, by the Ilaw kesb iny Itivei- to Challeiigei' Head, by a line nortli-ivestej-ly to Eleanor liluff, by the soutJieni slioro of tlie H aw kesbury Riven upwards to E lat Rock Point, by a line iiorth-wcsfenly to the eastern extrem ity of Long Island, by th e iiortliein side of tlia t island and a line westerly to K angaioo P oint ] by tbe southei ii shore of llaw kes- bury R iver upw ards; a line crossing the month of Rerowra Creek westerly to Fishcim an's P o in t; by the left hank of Rerowra Ci-eek upwards to Calabash Creek ; by tlia t ci>ck upwards ; by the northern boundaries of portions 27 and 31, parish of Rerowra w esterly ; tbe eastern, northern, and western boundaries of [lortion 26 northerly, westerly, and sontberly ; by jiart of the north boim dary of portion 5 (rein.) and a line westerly to the Great iXorthern joad ; by th a t road northerly and the north boundary of portion 202, parish of Nelson, westerly to Kellv's A nn C reek; hy tliat creek downwards to its interseetinn w ith tlie easterly prolongation of the nortli Isiundary of portion Gl, jiarish of Nelson ; by tha t prolongation and p art of the

north

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523

Act.

Ml). 55, 1928.

nortli lioijntiiiiy of tlio soiil portion ()1 ivcsterly, thu ciist. north iiiid west boimdaries of portion 191 north, west mid soutli to C nttai C ree k ; by the north-western bouiidariea of portintis ICO, li(i, 28, 25, 2 t, 105, 106, 107, 27, 108 to 117, 119 to 122, parisli of Nelson, to tlie, north-eastern boundary of portion 95, parish of Mt, M atthew ; liy th a t boundary north-westerly and its noiLli-western boundary south westerly, the southern boundaiy of portion 47 westerly to .South Creek, by th a t erei'k upwards to Hiehmoiid-lJlaektowii Hoad, l y th a t road southeasterly , the nortliLa'u honndaries of portions 12.'!, 14 {rem.) HI, 12 (rcm.), 131, and 11, parish of Hooty H ill westerly, the western homidary of portion 11 southerly to the road between portions 10 am i 16, by th a t road westerly, )iy the i<iad formin;:; the south western boundaries of portions 10 and 17 soutli-easterly, tbe iiorlbern boundaries of portions 47 and 48 easterly, the north-eastern boundaries of portions 19 mid 35, a lino crossing the G iea t IVeslern Hail way and tlie north-eastern boundaiy of portion 46 south-easterly, the south-eastern lioundaries of portions 46, 45, and 44 soutli-westerly to the G reat We.stern Hoad, by tluil road westerly to Hope’s Creek, by th a t ereek upwarils to the westerly prolongation of the north

bouiKlary of jiortion 2, parish of Slelville, hy tha t prolongathm and

the north boundary of said portion 2 and part of the nortli boundary of jioi'lion 74, parish of St-. Luke easterly to tlie Old CowpastUE'e Kfiad ; thenec by th a t road soutlierly to the Bringelly Hoad, by the roail partly' forming the nortliern boundary of the parish of Minto ea.sterly to the road from Liveipool to Campbell town, by a public read from th a t road to tlie we.stern boundary of portion 09, parish of Minto, by tlia t boundary i f th a t portion and the western boundaiy of portion 70 .southerly and the southern, boundary of th a t portion easterly to tksirge's Hiyer, hy th a t river ujiwaids to E ton Hoad trayersing poidion 59, jiarisli of J1 els wort by, by tiiat I'oail and tiie iiortheiai boundary of portion 101 easterly to Jlarii.s Creek, by tlia t creek upwards to the suulh-w estern corner of portion 108, parish of llolsw orthy, by the soulli boundary of tliat [lortiun, poi'tion 117, and portion 1G8, and its prolongation easterly t<< the western boundary of iiortion 271, ly part of tlio western and by the southern boundary of th a t ]iortion southerly and easlerly, by the road form ing tlie southern boundarie.s of p'ortioiis 277, 278, 281, and 282, and its north-easterly centinuation south-easterly and north-easterly to the south lioiindary of pnrlion 134 and by p art of th a t houmliviy easterly to the \Voronora Hiver, by th a t idver down wards to the south bounilury of portion 10, parish of iSutlierland, by th a t boundary eastei ly, the western boundary of portion 140 .southerly, the western and southern houndaries of ]jortion 135 southerly and eastei'ly to Saville’s Creek, by th a t ereek downwards, tlie north-west arm , and the northern shorfis of P o rt H acking generally' easterly to G iaishcr P o in t ; hy the shores of Hate Bay and the South Pacific Ocean aforesaid generally luii tlierly to Cape Solander, by a line n o rth easterly to Cape Banks, liy the shore of the South Pacific Ocean to South Head, l>y a line nortli east(-ily to Nortli Head and again hy the si lore of the South Pacific Ocean to the point of comniencement, including the waters of P o rt Jaek.soii and Botany B,ay and islands tl'Ci-ein, together with Lord llow e Lslaiul,

D ivision

524 Parliamentary Electorates and Elections (Amendment)

No. 66,1928.

Act.

Bivisios B.

Bowndaruis o f ihe yeu-castlfi. .fi r^a.

Coiimicncing on the H un ter liiver a t tlic; most vvestorly iiortti-west corner of portioji G2, parisli of Bclford, county of N ortliuniberland, and bounded theJice by tbe western boundary of th a t portion and a western boundary of portion GI (rem.) southerly to the nortlnwe.st com er of portion il, parisli of Ovingham ; hy the north boundary of th a t portion and tlie noi'thern boundaiy of portion i (reiii.) easterly to a nor til-we stern corner of portion 1 (rem.) jiarisli of Ro tilbury ; by a western, a nortliern, a western, and part of a southern boundary of th a t portion southerly, westerly, af;aiii soutiicrly and easterly to the north-west corner of portion by the west and south bouiidiiiy of th a t portion, the west and [lart of a south boundary of portion 83, jiart of the western hoiindarv of portion 1 17, the north ami west boundaries of portion lO'J, iho western and part of the southern boundary of portion 101 generally southoidy' to a point north of the north-western corner of the parish of Pokolbin ; bv a line south to th a t corner and hy a we.stern boundary of th a t parish southerly to th e Broken Back R a n g e ; by th a t range souih-easterly to a spur range which term inates witliiii poi'tion 7, parisli of IMiltield ; bv th a t spur range south-westerly to C tdar Creek ; by tlia t creek downwards to tbe N orth A rm of ^Vollombi Brook ; b}' th a t arm upwards to the' western boundary of jiortion 110, parish of Aellalong ; by th a t boundary and its prolongation southerly to a range foi'uiing the iKiundary lieLii ecn the parishes of Aelliilong and C o m ib a ie ; by th a t range generally soutli-easlcrly, pa-ising through the parish of Coongewai to n range forming the hoiintlary betiveun the land distriets of Neweastle and iliiitlan d , hy th a t range north easterly to the boundaiy dividing the parishes of A w aba and Coonimliuiig ; by th a t boiindai'V and a lange suiitli-cas;crlv to tile mai'giii of Hake Jlaeiiuarie : by tlie western m argin of th a t lake generally souflierly to the moatli of Digarv (or -daiinering) Creek i tlienee by th a t ereek npwau'ds to the west boundary of the jiarisli of A 'allaiali ; tbeiiee by th a t boundaiy south, and the south-west boundary of the j'ai'isli south- easterly to the weati'vn boundary of portion 7fi ; by jiart of th a t boundary south to Tuggerah Lake ; by tbe nortbeni margin of th a t lake easterly lo 'the uamtli of Rudgewoy Cieek ; by tlia t crock upw ards to tlu' soutli-wesl coiner ef porthm 8(i of 1-5 acres : by tlie south houndary of th a t portion and its prolongation easterly to the shore of the South Pacific Ocean ; hy th a t shore generally n o rth easterly to its inlersi'ctiiiii w ith the ciistern jiroloiigation of fhi' nortli boundaiy of jiortion 72, pari si i of Stowoll, county of OloueesLer; by th a t jirtdongjition aiid the north houndaries of portions 72, 71, and L)5 westerly, by ja r t of the east bouiiihii'y of jiortion 14.5 northerly , by the iioi'tlicrn boundaries of j'oi'tiuns I to and f) westerly and by tbe west boiindari' of jiortion 0 soutlierly to Fullerton Cove : bv the short s of th a t eove westerly and soutlierly and the left bank of the nortliern channel of the ILuiiler River and by the left biud; of the river generally westerly to its intersection with th e easterly prolongation of the southern lioundary of iiortinn 59, fiarish of A lnwick, county of X ortlnunberland, by' th a t pro long! it ion and a soutJiern boundary of th a t parish westerly to the eastern boundary of

portion

Parliamentary Electorates and Elections (Amendment)

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Act.

Wo. 55,1928.

poftioii 16 of 2,560 <ici'en, hy p a r t of th a t Iron ml ary northerly to tlio north-west corner of portion 2t?; by a line westerly to the .south-east corner of portion 8 of 1,080 a cits g ran t to Edward Ferraby, parish of i la it la n d ; 113' th e south boundary of th a t portion and the southerii boundaries of portions L’6, 223 and John J . M aughan’s 1,230 aeies, portion 2, westerly to the south-west corner of the last-nained portion ; l)y a line westerly to the south-east corner of portion 28, jiarisli of Heildoii ; hy the smilh boundaries of th a t jiortLon and portions 29, 58, an<] 4, 14. 1), Dii3''s 1,165 acres w esterl} '; by p a r t of tbe so nth-oast ami the soutli boundaries of C. J . atid I). Campbell’s 1,280 acres, jportioii 3, southerly and westerly to its south-west coi-ncr; by a line nortli-westei ly to the iioi tb-east corner of portion 100, 1)3- the north boundaries of th a t portion, portions 99 and 94, and a line westerly to the eastern boundary of portion 32 ; by p a r t of th a t eastern lioundai't' iM)i tln il3- and hy tlio northern boundaries of tha t poi'tion, jjortioii.s 50 and 62, and a line wcsterl)' to the eastern lai'umhiiy of jiorf ion 68, jan isli of A llandale ; tlienre h\- the hoiindaiy dividing tiie jsirishes of A llandale and Hranxton fi om lleddon and Oosforth generalI3' northerlv to the H un ter H iver i ly th a t river upw ards to the eastern boundary of Charles Tliroshy’s 2,000 acri's, portion 103, jiarisli of Stanlicijie, county of Durham, li3' the eastern and northern lioiimlaiy of th a t portion, jiart of the eastern, the northern and jia rt of the western houndaries of portion G, parish of iVfarwood, the northern and jiart of the western houndaries of jiortion 9, the northern and western botindarics of j.iortion 18 and the western iKuindary of jiortion 11 an<l its prolongation southerly to the righ t bank of the H u n te r H iver and hy th a t river ujiwards generallj' w esterly and sonthci 1\' to th<' jioint of foiiimenceincnt, together with all islands lying oH'tlie coast of the ahovedeserihed area.

(2) lilt; r:ii'li;4iD('nfnry illiytortilcs titid Eh'ctitms oi..aUiiioiLot

(Anu'mlmt'n!) Act, 1920, is aint'iidiMl )iy omittinjr sii))-i'-xs.s(5).	( {cviHiOii.)
section five of sc'cf ion eii^lit.

G. (1) -V disl rilmt Ion of id eel oral distiiefs sliall fic made witli in six: moullis after the com men cement of

I lOitths,

this Part of this Act.

(2) mends of subsection two of .section fifteen of the XmliUon of

(a) Tlic iioa-coni]>liance with the require- VaiiiUUon o£

Principal Act, i elatin*j; to the fUthlication in the (lazette

of the names and houndaries of tlie electoral districts‘I'cmrmined

as determined in pursuance of the Parliamt'nlary

Electorates and 3‘dections (Further Amendment ) Act,

‘

1927, is licrehy validated,

(h) Eo proclamation of the names and

boundaries of the electoral districts as determined in

pursuance

526 Parliamentary Electorates and Elections (Amendment)

No. 55, 192S.

Act.

pursuance of the Parliamentary Electorates and Elections (Eurtlier Amendment) Act, 1927, shall be published in tbe Gazette.

■Repeal n[	(3)	The Parliamentary Electorates and Elections
Act No. .TO,

J927.

(Eurtlier Amendment) Act, 1027, is repealed.

PAPtT III.

E lectoral

Co:mmissionee.

Part of this Act shall commence upon a

'	date to he appointed hy the Governor, and notitied hy proclamation published in the Gazette.

Appointment of Electoral Commhsioner.

Further

8 . The Principal Act is furttier amended hy inserting

of Art S r 4]

after Part 111 the foUouing new P a r t;—

1912.	'	’
New Part

lllA.

PART II Ia.

The E lectoral Com.uissioker.

Appoiniutont

ef Kfecloral

21a. (1) (a) The Governor shall a]ipoint an

CoinmissioQar,

Electoral Commissioner for Aew South Wales,

(b)	The salary of the Electoral Com

missioner shall he fixed by the Governor,

cf. A<-t No»

41, it>l’2,	(2) Subject to this Act the Electoral Commissioner shall have the rcsjioiisihility of administering this Act, and any provisions of any other Act so far ns this Act and the said provisions relate to the registration or etirolmeiit of electors, the preparation of lists and rolls of electors, and the conduct of elections for the Legislative Assembly.
3. 22(1).
(3) 'J'lie provisions of the Puljlic Service Act, 1902, or of any Act amending that Act, shall not apply to the appointment of the Electoral Commissioner and the Electoral Commissioner shall not be subject lo tlu; provisions of the said .Act during Ins tenure of office.

(4)

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Act.

Mo. 55,1928,

(4)	The Electoral Commissioner shall he

appointed for a term of seven years, and shall be eligible for reappointment for a further period not exceeding seven years.

(o)	The Electoral Commissioner shall be a

“ permanent head” witliin tiio meaning of the Public Service Act, 1902, and any Act amending the same.

((J) TTic Ele(doral Commissioner may be sns]H’nded from liis oflicc by tlic Governor for misbehaviour or incorapetenee, but shall not he removed from office except in manm'r following, that is to say ;—

The Minister shall cause to he laid before Parliament a full statement of the grounds of suspension within seven sitting days after such suspension if Parliament is in session or if not then witliin seven sitting days after tlic com mencement of the nc.vt session. An Electoral Commissioner suspended under this snhsection shall be restored to office unless each House of Parliament within twentv-one davs from tbe time when sucht statement has been laid before such House declares by resolution tliat the Electoral Commissioner ought to be removed from office, and if each such House within the time aforesaid does so declare, the Eleetoral Commissiom'r shall be removed hy' the

G oVC rn o r

a c cord i n gly,

(7)	The Elecdoral Commissioner shall be

deemed to have vacated his office if he—

(a)	engages in Emv South ’Wales during his term of office' in any paid employment outside the Public Service ;
(b)	becomes bankrupt, compounds with his creditors, or makes an assignment of his salary or estate for their benefit;
(e)	absents liimself from duty for a period of fourteen consecutive days except or*, leave granted bv tlie Governor ;

(d)

628 Parliamentary Electorates and Elections (Amendment)

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Act.

(d)	becomes an insane person or patient or an incapable person within the mean in" of the Imnacy Act, 1598 ;
(e)

resigns his office hy writing under his hand (8) An Electoral Commissioner who at the

date of his appointment is an officer of the Public

Service—

(a)	shall in the event of liis office as l.lectoral Commissioner being discontinued or abol ished, be eligible on the recommendation of the Public Service Beard, to Ire appointed to some office in the Public Service not lower in classification and salary than that which 1h' held at the date of his appointment as Electoral Commissioner ; and
(b)	shall, while such Electoral C;jmmissioncr continues to contribute to tlie Superannua tion I'und, be entitled to all tbe benefits under the Superannuation Act, PJKi, as amended by sulisequent Acts, to wliich lie is entitled as such contributor.

(9) In any Act, and in any regulations or by-laws, and in any iiis.triuuent, a i'(?fereiu'C to tbe Cliief Electoral Officer shall he read as a ri'ference to the Eh'ctoral Commissioner appointed under this section.

(Itj) (a) The Govenior may upon tlie recommendation of the Public Scrvici' Board appoint sucli officers as arc necessary for tlie administration of this Act.

(b) The officers so appointed sliall receive such lenuineration ami allowances as sliall be fixed by the Public Service Board, and shall he subject to tbe pirovisions of tbe Public Service Act, 1902, during their tenure of office.

(11) (a) The lilcctcral Commissioner may,

with the consent of tbe Governor, by ivi'iting under

his baud, delcaale to any officer of tlic' Public

Service

Parliamentary Electorates and Elections (Amendment)

529

Act.

No. 65, 192&

Service, citlier "enerally or in any particular case or class of cases, all or any of the powers, authorities, duties and functions conferred and Imposed upon the Electoral Commissioner by this Act or the regulations.

(b) Any sucli officer shall, when acting within tlie scope of the delegation, be deemed to be the Electoral Commissioner for all purposes of this Act and the regulations.

9. (I) The Principal Act is further amended	li'urther
amendment

(a) by omitting the words “ Chief

Electoral ̂f AclNo. 41,

Officer ‘

wherever occurring and hy inserting

in lieu thereof the words “ Eleetoral Com-	'
missioner ” ;

(h)	by inserting in section one next after the heading of Part I I I the following:—“ Part I I I a.-—The Electoral Commissioner ” ;
(c)	hy omitting subsection one of section twenty-Suo.(i) two.

(2) Upon the commencement of this Part of this

Act the expression " Chief Electoral Officer” wherever .i,is Act

occurring in Parts I, II, IV, Y, Y I, V II or V III of

this Act shall be omitted, and the words “ Electoral

Commissioner ” shall be inserted in lien thereof.

(3) Where in any regulation made under the Regulations,

Principal Act, or in any form or electoral paper prescribed by or under tliat Act, the expression “ Chief Electoral Officer” occurs, such expression shall be read and construed as “ Electoral Commissioner” ; and the regulation, form or electoral paper shall be read accordingly.

(4) The Parliamentary Elections (Amendment) Atnemiment

Act, 1918, is amended by omitting so much of the the Principal Act by the insertion of subsection one.

s	Electoral

530 Parliamentary Electorates and Elections (Amendment)

Ho. 55,1928.

Act.

Electoral Commissioner to exercise certain powers

and functions heretofore vested in the Minister.

Aineiidtiî rit oi

A c tN a . 4 i, 19ri.	1 0 . (1) Tlie Principal Act is further amended—
(Omiasioi) ot r^fet^nc^a Co “ Minister.")

Sec, 3,	(a)	hy omitting from section tiirco the definition of the word “ Minister ” ;
Sec, 17 (!)•	(b)	hy omitting from subsection one of section seventeen the words “ Colonial Secretary ” and by inserting in lieu thereof the words “ Elec toral Commissioner ” ;

JSec, 68*

(c) by omitting from section eighty-eight the words “ Colonial Secretary” and by inserting in lieu thereof the words “ Electoral Com missioner ” ;

Sec* 9],

(d)	by omitting from section ninety-one the words “ Colonial Secretary ” and by inserting in lieu thereof the words “ Electoral Commissioner” ;

Sec. 127-

(e) by omitting from section one hundred and tiventy-seven the w'ord “ Minister” and by inserting in lieu thereof the words “ Electoral Commissioner ” ;

Sec* ISO.

(f) (i) by omitting from section one hundred and eighty the word “ Minister ” wherever occurring and by inserting in lien thereof tbe words “ Eleetoral Commissioner ” ;

(ii) by omitting from the same section the word “ order ” and by inserting in lieu thereof the word “ recommend.”

Eee. S4.

(2)

(a) Tbe Principal Act is further amended by

omitting from section eighty-four the word “ M inister” and hy inserting in lieu thereof the ivords “ Electoral Commissioner.”

Saving.

(b)

Any polling-place appointed prior to the

commencement of this Part of this Act under the provisions of section eighty-four of the Principal Act shall, unless abolished prior to such commencement, continue to be a polling-place until abolislied under the said section as amended by paragraph (a) of this subsection.

(3)

Parliamentary Electorates and Elections (Amendment)

531

Act.

No. 55,192S,

(3)

(a) The Principal Act is further amended by

is2(i).

omitting from subsection one of section one hundred and eighty-two the words “ Colonial Secretary” and by inserting in lieu tliereof the words “ Electoral Commissioner.”

(b)	Any rnles and regulations made under saving,

the provisions of section one hundred and eighty- two of the Principal Act, and in force at the commencement of this Part of this Act, shall continue in force until repealed or amended under the said section as amended by paragraph (a) of this subsection.

PART IV.

Compilation ot J oint Rolls by the Commonwealth

AND THE State.

D ivision

1.— Date o f commencement,

1 1 . (1) Division 1 and Division 2 of this Part of' this Act shall commence upon the passing of this Act.

(2)	For the purposes only of the preparation of Commenct!-

tlie first rolls of electors for the Assembly pursuant to

any arrangement entered into between the G o v e r n o r s	certam
and tlie Govern or-Gencml of the Commonwealth	pur'p' igea
under the authority conferred by the Principal Act as amended by Division 2 of this Part of this Act and of any matters neccssaiy for or incidental to such preparation tbe provisions of Division 3, Division 4 and Division 5 of this Part of this Act shall commence upon tbe passing of this Act, and shall be read and construed with tbe Principal Act as amended by this

Act.

(3)

532 Parliamentary Electorates and Elections (Amendment)

No. 55, 1928.	Act.
Jo in t I'oliij to

come into

(3) Tlie first rolls so prepared shall come into

force on	force on a day to be appointed by tbe Governor and
appointed
day.	notified by proclamation publislied in the Gazette.
Comincmio-

meut of this

(4) On tliat day—

P a rt for all

(a) file whole of the provisions of this Fart of tliis

piirpoaes.

Act shall come into operation for all purposes;

and

(b)	all rolls of electors for the Assembly thereto fore ill force shall cease to have any further force or effect.

Joint rails (5) On and after the day so appointed no rolls for̂ Asŝ uhiy otlicr than rolls prepared in accordance with the pro- eicotiona. visions of tlie friiicipal Act as amended by this Fart

of this Act sliall be in use for the purposes of any

election for the Assembly.

D i v i s i o n	2.	— Foicer to arrange icith the
Connnomt'ealtk,

i-hiriher

1 2 . The Frincipal Act is amended by inserting the by this A c t: —

191J.

No”4i,''follow ing new Fart next after Fart I I I a as inserted

New Pan

PART II In.

A rrangement with the Commonwealth as to

Rolls.

Â>'F&l]gemeDt

21b . (1) The Governor may arrange with the

irith

Com

mon	Governor-General of the Commomvealth for tbe
as to rolU,	preparation, alteration, and revision of rolls of
cf. Vict> Act
No.	electors for the Assembly in any manner con

7«	sistent with the provisions of this Act, jointly by the State of New South Wales and the Comrnon- rvealth to the intent that the rolls may he used as electoral rolls for Commonwealth elections as well as for elections for the Assembly.
(2) (a) When any such arrangement lias been made the rolls may contain for tlie purposes of Commonwealth elections :—

(i) the names and descrijitlons of persons who arc not entitled to be enrolled thereon as electors for the Assemblv: Fixwided that

Pai'liamentary Electorates and Elections {Amendments

533

Act.

No. 5 5 ,192B.

it is clearly indicated in tlie jirescidlied manner that those persons are not enrolled thereon as electors for the Assembly ; and

(ii) distinguishing marks against the names of persons enrolled as electors for the Assembly to show that those persons are or are not also enrolled as electors for Commonwealth elections ; and

(hi) other particulars in addition to the pre scribed particulars.

(b) Ifor the purposes of this Act, the names and descriptions, marks and particulars so contained shall not he deemed part of the roll.

21c. (1) As soon as practicable after the making riiit roiiB.

of an arrangement in imrsuance of section 21n of cf. 5’ict. Act

this Act, rolls of electors for the Assembly shall be ̂^ ’ ’ ’

prepared as directed by the Governor in a pro

clamation publislied in the Gazette, and in the

manner specified in the proclamation.

(2) For the purposes of the first rolls pre pared under the ari’angement, any person who is enrolled on a Commonwealth roll in pursuance of any claim signed by him, and who is entitled to be enrolled for the Assemblv, shall lie deemed to have made a claim under this Act for enrolment on the corresponding roll for the Assembly.

(3) Until the first rolls prepared under the arrangement come into force, the rolls in existence at the date of the passing of the Parliamentary Electorates and Elections (Amendment) Act, 1928, as added to or altered from time to time, or as compiled under the provisions of the law for the time being in force, shall be the rolls of electors for the Assembly.

(d)	If any such arrangcraent ceases to

operate—

(a)	the rolls then in existence as added to or altered from time to time, or as compiled under the provisions of the law for the time

being

534 Parliamentary Electorates and Elections (Amendment)

No, 55, 1928.

Act.

beiii" in force, sliall be tlie rolls of electors for tliQ Assembly until superseded by new rolls compiled under this part of this Act.

(b)	for the purposes of such rolls or new rolls all officers prescribed may have and perform all the duties and functions of Commonwealth divisional returning officers under this Act,

D ivision

3.— Method o f preparaiion of rolls,

Turtiier 1 3 . Tiic Principal Act is further amended by ofArtNrU omitting Part IV and by inserting in lieu thereof the

)9ri.

’ following P a rt:—

P a r t

IV .

PART IV.

O f f i c e h s

a n d

R n h o l m e n t .

Interpretation.

Interpreta	22.	In this Part of this Act, unless inconsistent
tion,

ef. Viet. Act	with the context or subject matter,—
No. 3.331,

e. 4 (i).

“ Divisional returning officer ” means the Commonwealth

divisional

returning

officer for the Commomvealtli electoral division in wliich the particular State subdivision is situate.

“ Elector” means any person whose name appears on a roll as an elector for the Assembly.

“ Officer” includes any person discharging the duties of any office under this Part of this Act.

“ Regulations ” means regulations under this

Part.

“ Roll ” means roll of electors for the Assembly under this Part.

“ Subdivision” means subdivision of a district and includes also any uusuhdivided dis trict.

Districts

Parliamentary Electorates and Elections (Amendment)

53j

Act.

So, 55, 1928.

Di'iiriels ((ud subdivisions.

23. (1) Tlio Governor may, by

proclamation Co-vei of

pulilislii'd ill tlic G-azette—^

Gô 'wnoi' .IS

(a) divide any district into subdivisions ;

of iifstrioia.

(b)

specify the boundaries and names of sub-tf-(;'«ih

divisions; and

inis-i92s.

({■) alter the boundaries and name of any sub- ’• -‘j-

t. Aot Xo-

division.

1?, 9,

(2) Tlie subdivisions and the boniidarics and names thereof shall be such as are spccitied in any such proclamation.

(3) Xo subdivision shall be established,

altered or abolished after the issue of the writ for an

{flection, and before tlie time appointed for its return.

Clitingc! lobe

2d. AVliere—

ill L'oll̂

(a) a district is divided into subdivisions; or

on Mib'

(b) the boundaries of a district or of a subdivision <	'>'■ sifci of
ilistrk'ti nr

are altered—-

;tlti.rntioti i f

such chances in rolls as are thereby rendered

bimiiiliii'ic!!.

necessary for the transfer of names of electors for

the Assembly from one roll to another sliall he uns-i92s.

made in tlic prescribed manner,

viTt'Af K o

10. "

Officers,

25. (1) The Governor may appoint for any one A[ii)oiiitii)eiii.

or more subdivisions an eleetoral inspector and an

elcctoral registrar.

cf. Jifrf.lo.

^	Ibki. s. 14.

(2) The Governor may remove any such person from his ollicc.

(3) Any person appointed under this section may resign liis office.

(d) By arrangement with the Commonwealth Electoral Officer the divisional returning officer may act as electoral registrar for any subdivision for which an electoral registrar is not appointed, and any Commonwealth officer may act as electoral inspector for any subdivision for wliich an electoral inspector is not appointed.

(5) Electoral inspectors shall have such powers and perform such duties as are prescribed.

(6)

536 Parliamentary Electorates and Elections (Amendment)

Act.

Ho. 55, 192S,

(6) Every electoral registrar and every elec toral inspector shall at;t under and be subject to the control of tbe Chief Electoral Officer for New South "Wales, who may inspect all boobs, rolls and documents kept by any electoral registrar for the purposes of this Act, and satisfy himself that the duties imposed on electoral registrars by this Act have been carried out.

(7) Every electoral registrar and every eleetoral inspector shall be paid such allowance as is fixed by tbe Governor.

RolU for	26. (1) There shall be a roll for each district.
d istric ts and

subdivisions,

(2) There shall be a separate roll for each

of. C’wtb	subdivision,
Electoral Act,

1918-i9',lN,

(3) The rolls for all tbe .subdivisions of a

as. 30, £1.

district shall togidlier form the roll for the district. (a) may be in the prescribed form;

Viet. Act No.

(4) Tbe rolls—■

3 ,331,3.

1.5.

(b)	shall set out tlie surname, Christian or other names, re.udence, oecupation (or other presei'ibcd ]iarticulars) and sex of eaeli elector;
(c)	shall contain such further j>articular.s as are prescribed ;
(d)	shall 1)0 arranged in alpliabetical order of

surnames, and where the surnames are identical then in alphabetical order of the

Christian or other names.

New rolls,

27. (1) New rolls generally and new rolls for

cf. IhUl. s. ,33.

any district or subdivision shall be prepared when

Ibid. s. 16,

ever directed hy the Governor by proclamation

published in the Gazette.

(2) The rolls shall be prepared under a system of compulsory enrolment,

( 3)	The proclamation may specify the manner

in wliich the rolls shall he prepared ; and may require every person entitled to enrolment on any new roll to sign and send to the proper officer in accordance with this Act or the regulations, a form

Parliamentary Electorates and Elections (Amendment)

537

No. 55, 1923.

of claim for enrolment, and otbcnvise to comply ^vith tlic provisions of this Act or the reg\ilations relating to eorapnlsory enrolment:

Provided that where an elector is enrolled for the subdivision in which he lives in pursuance of a claim signed by him ho shall not he required to sign and send in any further claim for enrolment in connection with the prepai’ation of a new roll for that subdivision.

28. (1) Tlie registrar, upon the receipt by him of Ain'iuions

a neiv roll for a subdivision shall—

WMadc'tn

(a)

make additions, alterations and corrections nu« roii by

therein; and

rogisuar.

(b) remove names therefrom,

KienoraiAct,

pursuant to claims or notifications received by him i9is i928,

between the date of the proclamation directing the

Aet No

preparation of the new rolls and the date of the a.arti, h	.	17. '
notification that such rolls have been prepared where such additions, alterations or corrections liave not already been made in or sucli removals have not been made from sucli new I'oll.
(2) "Where objections have been lodged or notices of objection have been issued and action in respect of such objections or notices of objection, has not been completed prior to the notification that new rolls have been prcjiared, such objections or notices of objection shall have effect in relation lo the new rolls as if such rolls had been in existence at tbe time of tbe lodging of the objections or tbe issuing of the notices of objection.

29. (1) Rolls generally, or the roll for any I’vituint; of

district or subdivision shall be printed wiienevcr

the Chief Electoral Ollicer so directs.

(2) Supplemental rolls setting out additions since tbe latest print of the rolls shall be prepared and printed—

(a)	immediately previous to a general election for tbe Assembly or any election of a member of tbe Assembly to serve in the place of a member whose seat has become vacant; and

(b)

538 Parliamentary Electorates and Elections (Amendment)

Ho. 55, 1928.

Act.

(b)

at sucli othci’ times as tiie Cliief Electoral (3) Eortlnvitli after tlie printing of rolls

copies tliereef .sliall be furnished to registrars; and the registrar for each subdivis’on shall forthwith sign and transmit a cojiy of the loll for the sub division for wliich he is registrar to tl:c State returning officer for tlic district.

tiispcctiim of

30. Copies of tlie latest print of the roll for any

rolls,

of. C'w til

subdivision and of any supplemental roll shall—

I'lloo torsi

(a) he open for public inspection without fee at

A ct,

1918

1928, s. 37.

the office of the Chief Electoral Officer and

Viut. Act Xo,

of the registrar at all convenient times

3,331, 5. 19.

during office hours, and at such other places

as arc prescribed ; and

(b)	on payment of the prescribed price he obtainable at the Government rrlnlimj Office and at such post-offices and other places in the subdivision as tlic Chief Electoral Officer appoints.

Officers ami	31. All officers in the service of the Govemiiieiit
others to

furnish	of New South Wales, all members of tlic jiolicc
io format ion.	force, all officers of any municipality' or shire, and
ct. Ibid. 3, 33.	all electors or persons qualified to be electors, shall
Ibid. s. 20.	upon application furnish to the Chief Electoral Officer or to any officer acting under his direction ail such information as is required in connection with the preparation, maintenance or revision of the rolls.

Enrolment.

AiMition of

32. (1) Names may he added to rolls pursuant

names lo

I oils,

to claims for enrolment or transfer of enrolment.

(2)	A claim may be in the prescribed form,

cf. Thid. s. 40.

n.:d. s, 21.	and shall he signed hy the claimant with his personal signature, and attested by a prescribed person who shall sign his name as witness in his own handwriting.
Claims for

on ml moot or

33. (1) Any jicrson qualified for enrolment, who

transfer of	lives in a subdivision, and has so lived for a period
enrolment.	of one month last past, shall he entitled to have
cf Ibid. s. 41.	Ids name placed on tin; roll for that subdivision.
Ibid. t. 22.

(2)

Parliamentary Electorates and Elections (Amendment)

539

Act,	No. 55, 1923.

(2) Any elector 'whose name is on the roll for any subdivision and wlio lives in any other subdivision, and has so lived for a period of one month last past, sliall be entitled to have his name transferred to the roll for the subdivision in which he lives,

(3) No person is entitled to have his name placed on more than one roll or upon any roll other than the roll for the subdivision in udiicli be lives.

34,	(1) Every person ■wlio is entitled to have bis Comimiso,y

name placed on the roll for any subdivision wliether

by way of enrolment or transfer of enrolment, and d. evti.

whose name is not on tlie roll, shall fortlnvilb till

in and sign, in accordance witli tbe directions igos, s. 4‘».

printed thereon, a claim in tbe prescribed form, vtct. ActMo.

and send or deliver the claim to the registrar for

the subdivision.

(2) Every person who is entitled to have his name placed on the roll for any subdivision whether by way of enrolment or transfer of enrolment, and whoso name is not on the roll upon the expiration of twenty-one days from tbe date upon xvliicli be became so entitled, or at any subsequent date while he continues to be so entitled, shall be lialde for a first ofi'ence to a penalty not exceeding ten shillings and for any subsequent ofi'ence to a penalty not exceeding two pounds unless he proves that his non-enrolment is not in consequence of his failure to send or deliver to the registrar for the subdivision for wdiich he is entitled to be enrolled, a claim in the prescribed form, duly filled in and signed in accordance with the directions printed thereon.

(3) Every person who changes his place of living from one address in the subdivision for which he is enrolled to another address in that subdivision, and who, at any time after the expira tion of twenty-one days from the date of making the change, has failed to notify the registrar for the subdivision in the prescribed form of tbe new

address.

540 Parliamentary Electorates and Elections (Amendment)

Ho. &S, 1926.

Act

addrcs.'i, shall be liable for a first olTence to a penalty not exceeding ten shillings and for any suhsequent offence to a penalty not exceeding two pounds.

(4) The regulations may prescribe the procedure in relation to tlie imposition and recovery of penalties for contraventions of the provisions of this section; and until such regulations are made the procedure shall be as set out in Schedule Nineteen to this Act.

(5) In any prosecution in respect of a contravention of this section or the regulations thereunder, instituted hy the registrar, or by any person acting under the direction of the registrar, the averments of the prosecutor contained in the information or complaint shall be deemed to be proved in the absence of evidence to the contrary.

R egistration	35.	(1) Upon receipt of a claim for enrolment or
of claim,

cf. C’wth	transfer of enrolment, the registrar shall—
Electoral Act,

J918-19-JS,

(a) note on the claim the date of its receipt by

s. 43.

him ; and

Viet. A ct No,

(b) if the claim is in order and ho is satisfied

3,.331, s, 25.

that the claimant is entitled to be enrolled,

forthwith—

(i) enter on the subdivision roil the name of the claimant and the par ticulars relating to him ; and

(ii) notify the claimant in the 2>rescribcd form that he has been enrolled ; and

(iii) in the case of a transfer of enrolment give notice of the transfer to the registrar keeping the subdivision roll from wliich the elector’s name bas been transferred.

(2)	The registrar keeping the subdivision

roll from which an elector’s name has been trans ferred shall, upon the receipt of notice of the transfer in the presm’ihed form, remove the elector’s name from the roll kept by him.

Parliamentary Electorates and Elections (Amendment)

541

Act.

No. 55, 1928.

30. (1) Tlu: registrar, on receipt of a claim, sliall, fii ftienco of

if he is not satislied that tlie claimant is entitled to jjvi'Xnai he enrolled in pursuance of tlie claim forthwith—■ f' lumijig

of I

c o r .

(a)	refer the claim, with such observations as cf. c’wiii

lie thinks proper, to the divisional returning

officer for his decision, and

lais, s. 44.

(b)

send to tlie claimant a notification in the

prescribed form that the claim has been so ' ’

’ ' " '

referred.

f'2) After the divisional returning olfiecr

lias made such inquiry as may be necessary to enable him to decide the claim, he shall forthwith return tlie claim to the registrar, and notify tlie registrar of his decision, and if he deeules to reject the claim of the n^asoii for sacli decision.

(3l If tlie divisional returning officer decides that tlie claimant is entitled to enrolment pursuant to the claim, the registrar shall fortliwith, on the receijit of the notification to that ctfect, enrol the claimant, and send to him a notification in the prescribed form that he has been so enrolled.

(4)	If the divisional returning officer

decides that the claimant is not entitled to enrolment piii'soant to the claim, the registrar shail forthwith, on receipt of the notification to tliat eifect, send to the claimant a notice in the prescrilied form that his claim has been rejected, specifying the reason for tlie rejection, and advising the claimant that lie is entitled, at any time within one calendar montli after the receipt of tlie notice, to appeal to a court of petty sessions for an order directing that his name bo added to tlie roll.

37- Notwithstanding anything contained i]iT:i>Kif.>r

section thirty-five or section thirty-six of this	*'	*	<jf. *Ihid.* a. 45.
Act —

claims for enrolment or transfer of enrol ment wliich arc received hy the registrar after six o’clock in the afternoon of the day of the issue of the writ for an election shall not be registered until after the close of tlie polling at the election ; and

(b)

542 Parliamentary Electorates and Elections (Amendment)

Kii. 55, 1928,

Act.

(b)

except by direction of the divisional return ing olTiccr no name sliall be removed from a roll pursuant to a notification of transfer of enrolment received by the registrar after six o’clock in the afternoon of the day of the issue of tlie writ for an election and before the close of the polling at the election.

Penal Jy On

oHIocr

38. Any registrar who receives a claim for

to enrol	enrolment or transfer of enrolment, and who with
olaimanl:!.
tf* C'w th	out just excuse fails to do everything necessary on

K lectoral

Act,

H. iiX

Ins part to be done to secure the enrolment of the

Viet, Act No,	claimant in pursuance of the claim shall be liable
3,331, a. -27,	to a penalty not exceeding ten pounds.
A lteratioii of

rolta,

39. (1) In addition to other powers of alteration

c f . Ibid, S-. 47.	conferred by this Act, a registrar may alter any
Ibid. B. 26.	roll kept by him by—

(a)	correcting any mistake or omission in the particulars of the enrolment of an elector;
(b)	altering, on the written application of an elector, the original name, address, or occupation of the elector on the same subdivision roll;

(d)	removing the name of an elector who bas been convicted and is under sentence for any offence punishable under tlic laiv of New South "Wales or of any other part of the King’s Dominions by imprisonment for one year or longer.
(e)	striking o\it the superfluous entry u hore the name of tlie same elector appears more than once on the same subdivision ro ll;
(f)	reinstating any name removed by mistake as the name of a deceased elector ;
(g)	reinstating, by direction of the divisional returning officer, any name removed as the result of an objection :

Provided

Parliamentary Electorates and Elections (Amendment)

543

Act.

Nc . 55, 1923.

Pi'oviilc’d tiifii tlie divisional I’eturning oflicev si lull not direct tlie reinstatement ol' any such name unless he is satisfied that the ohjeetion was based on a mistake as to fact and tliat tlie person objected to still retains and has continuously retained his right to the enrolment in respect of 'which the objection ■was made;

(h)	reinstating by direction of the divisional returning officer any other name removed by mistake or wliich has been accidentally omitted; and

(i) removing a name from the roll hy direction of the divisional returning officer upon tlie certilicate of the chief electoral officer:

Provided that the Chief Electoral Officer shall not issue such a certilicate unless he is satisfied that the elector has ceased to be qualified for enrolment on that roll and has secured enrolment on another ro ll:

Provided further that where a registrar

removes anv such name he sliall send hv

post to the elector wliose name is so removed

notice of the fact.

(2)	"Where the name of an elector has,

pursuant to a claim, been incorrectly placed on the roll for a subdivision otlier than the subdivision in which lie was living at the date of the claim, and tlie elector was entitled on that date to have his name placed on Ihe roll for the subdivision in which he was living, the divisional returning officer may, where the two subdivisions are in tlie same district—

(a)	direct the registrar keeping the roll on wliich the elector is entitled to be enrolled to place the name on that roll and to notify the elector of the cliange of enrolment; and
(h)	direct the registrar keeping the roll on which the elector is not entitled to be enrolled to remove the name from that roll.

(3)

544 Parliamentary Electorates and Elections (Amendment)

No. 55,1938.

Act.

(3)	No alteration pursuant to this section

shall, without tlie authority of the divisioual returniu" officer, he made at any time after six o’clock in the afternoon of the day of the issue of the writ for an election and before the close of the polling at tlie election,

Alterations to

be initiaUcd.

40. Every alteration of a roll shall he made in

cf* C’wth Klcc-	such a manner that the original entry shall not
toral Act,
102tS, H. 48*	be obliterated, and the reason for each alteration
Viet* Act Ifo.
5,331, s’29	and the date tliereof sliall be set ag.iinst tlie altera tion, together witli the initials of tlie registrar,

Inforit^Ation	41, (1) Every district registrar under the Eegis-
AS to deaths

and	tration of Births, Deatlis, and Marriages Act, 1899,
convictions,	sliall, witliin three days after the end of each
cf* *Ibid,* s, 30.	montli or at such other times as are arranged^ forward to the Cliief Electoral OtRcer a list setting out the surname and Christian or other names, and the occupation and age at the time of death, and the last known place of residence at the date of the death of every person of the age of twenty-one years or upwards whose death was registered hy the district registrar during sucli month.
(2) (a) The clerk or prescribed officer of any court in wliich any person of the age of twenty-one years or upnards is convicted of an offence punish able by imprisonment for one year or longer and is under sentence therefor shall, within three days after the end of each month in which any such person is sentenced, forward to the Chief Electoral Officer a list setting forth the surname and Christian or other names, and the occupation and age, and the last known place of residence of every person so se:n- tenced during such month, and the date of the sentence, the nature of the offence, the period of imprisonment, and the electoral roll (if any) in which such person’s name is included.
(h) If any such clerk or officer fails, neglects or refuses to forward any such list, or wilfully or negligently compiles tlic same in an

inaccurate

Parliamentary Electorates and Elections (Amendment)

545

Act.

Ko. 55,1928.

inaccurate manner, such clerk or officer shall he liable to a penalty not exceeding fifty pounds, nr to ini prison men t for a term not exceeding three months.

(e)	Eor the ]iurposes of this subsection

the word “ court ” includes a court of petty sessions.

(3) The Cliicf Electoral Officer after receipt of any list referred to in snhsection one or subsec tion two of this section, shall forthwith forward a copy of any particulars included in the list to the divisional returning officer for each distri(!t or subdivision to which such particulars relate.

(4) Each divisional returning officer sliall, upon receipt of information pursuant to this section, take action under this Part of this Act to effect such alterations of the rolls as are necessary.

Ohjectiom.

42. Any name on a roll may be objected to

objection in writing lodged with or made by t h e t o .

divisional I'oturning officer :

KieSôIl Act,

B. &2

Provided that a sum of five shillings shall he

deposited in respect of each ohjeetion lodged hy ' ’

any person other than an officer, to be forfeited

to His Majesty if the objection is held hy flic

divisional returning officer to he frivolous.

43. The objection may he in the prescribed form, objection,

and shall he signed hy an elector enrolled on the tf- nid. s. 53.

roll for the same subdivision as the person objected

to, or by the divisional returning officer or registrar,

or other prescribed officer.

44. I t shall be the duty of each divisional Duty to

returning officer and of each registrar or other

prescribed officer to lodge or make an objection in

̂ 31 (V

writing, setting fortli the grounds of such objection,

' ''

in respect of any name which lie has reason to

believe ought not to be retained on the roll.

54G

Parliamentary Electorates and Elections (Amendment)

Ho. 55, 192S.	Act.
Not[cc of

objection.

45. (I'j "When an objection is made liy or lodged

of. C’^ tb	witli a divisional returning ofliccr, the divisional
Klectora1	returning ofTicer shall fortli witli give notiec of the

A ct,

lOlS-

1928, B.S5.

objection to the person objected to.

V iet.

Act

No. 3,331,	(2) Tlie notice—
a. 32.

(a) may be in the prescribed form ; and

(b)	may be served by being posted to tlie [dace of abode for tlic time being of the person objected to, if tliat place of abode is known to the divisional returning ofliccr, or, if it is not known to the divisional returning officer, then to the place of living of such person as appearing on the roll.

(3) Wliere the divisional returning officer is satisfied that tlie ground of objection stated in any objection lodged by an officer is not a good ground of objection, be may dismiss the objection, in wbicb case no notice of the objection need be given to the person objected to.

(4) An objection on the ground that a person does not live in the subdivision for wbicb be is enrolled shall be deemed not to be good unless it alleges that the person objected to does not live ill the subdivision, and bas not so lived for at least one month last past.

objection,

AiisK'cr to

46. The person objected to may, orally or in

c f ./M iJ . s. 46,	writing, in the prescribed manner, answer the
Ib'itU 9. 33.	objection.
De term illa

tion of

47. (1) The divisional returning officer shall

Dbjeetion.	determine the objection forthwith on receipt of the
cF. 7J(V. S .57.	answer of the person objected to, or if no answer is
*Ihid.* s. 34,	received within a period of twenty days after the posting of tlie notice, then after the expiration of tliat period; and if it appears that the person objected to is not entitled to be enrolled on the roll in respect of wbicb the objection has been made, the divisional returning officer shall direct the registrar to remove the name of such person from that ro ll:

Provided

Parliamentary Electorates and Elections (Amendment)

547

Act.

Ho. 55,1923.

Provided that no name shall be removed from a roll ill pursuance of tliis section after the issue of the ivrit for an election and before the close of the polling at the election.

(2) If any objection lodged hy any person other than an officer is held by the divisional returning officer to be frivolous, the person objected to shall be entitled to such reasonable allowance, not exceeding five pounds, as the divisional returning officer thinks ht to award.

(3) In default of payment the sum awarded may hi; recovered by the person objected to from the objector as a debt due by the objector.

Appeals.

45.

(I) Any person—

Appeal to ( 'o u rt of

(^)

who has sent or delivered to a- registrar <a

claim for enrolment or transfer of enrol- .Sessions,

inent, and who has not been enrolled p u r-‘.f;

suant tlicreto ; or

(b)

wliose name has been removed from a roll hy direction of tlie divisional returning Nq’ 3̂ 331̂

officer pursuant to an objection,

«■ -'s-

may, at any time within one calendar month after tlic receipt of the notice of the rejection of the claim or of notice of the determination of the objection, as the case may he, in the prescribed manner make application to a court of petty sessions for an order directing that his name he enrolled or reinstated on the roll, as the ease requires.

(2) Where an objection has been determined by the divisional returning officer advei'sely to the person objecting, that person, if not an ofliccr, may in tlic prescribed manner apply to a court of petty sessions for an order sustaining the objection.

(3) Where the application has reference to the decision of the divisional returning officer upon an objection, the applicant shall as prescribed serve the objector or the person objected to (as the case may he) with notice of the application, and the

person

548 Parliamentary Electorates and Elections (Amendment)

No. &5,1928.

Act.

person so served may appear or may in writing autliorise any person to appear on Ids behalf to resist the apjilieation.

Power of

49. (1) A court of petty sessions presided over

court of pe tty

acssions or	by a poliee or stipendiary magistrate may hear
tra te to hear
police magis	and determine any appeal or application under
au(t determ ine	this Part of this Act, and may make such order
appeals, Ac.	as it thinks fit as to costs, which costs may he
cf, V iet, Act
No. 3,331,	recovered in the same manner as costs awarded
3. 36.	in any other proceedings in a court of petty sessions.

(2 }

T h e c le r k o f p e t t y

s e s s io n s

s h a ll

s e n d

h y

p o s t

th e

d iv is io n a l

re tL ir n in g

o ff ic e r

c e r t i f ie d

c o p y

o f t h e

o r d e r

o f

th e

c o u r t ,

a n d

i t

s h a ll

lĤ

th e

d u t y

o f

th e

d iv is io n a l

r e t u r n in g

o ff ic e r

d ir e c t

th e

r e g is tr a r

t o

m a k e

s u c h

e n t r ie s

( i f

a n y )

u p o n	t h e r o ll a s a r e n e c e s s a r y	to	g iv e	e f fe c t	t o	t h e
o rd er .

Copy o f roU fu r eleciion.

KoMs tor

purposes of

50. (1) Every divisional returning officer after

elections for	the issue of the writ and before the day of nomina
Assembly,	tion for any election for tlie Asscmlily for any
cf. r m 3. 37.	district situate in whole or in part within the Commonwealth electoral division for which lie acts as divisional returning officer shall—

(a)	certify, sign, and transmit to the State Returning Officer for the district a printed copy (marked as hereinafter provided) of the roll last printed for each subdivision thereof situate within such Commonwealth electoral division;
(b)	alter such copy so tliat (except as to any additional names contained in the supple mental roll hereinafter provided for) sucii copy will correspond with the roll as in force at six o’clock in the afternoon of the day of the issue of the writ for any election for the Assembly;

(c)

Parliamentary Electorates and Elections (Amendment)

549

Act.

Ha. 55,1928.

(e)

pre])are, certify, sign and transmit to the said State Returning OtTicer a printed eo]>y of a supplemental roll containing the names of all |)ersoiis whose names jmrsuant to claims for enrolment or transfer received at any time up to six o’clock in the afternoon of tlic day of the issue of the writ liave been added to tlie roll last printed.

(2) Every such sup])lcmental roll—-

(a) sliall he in the prescribed form ;

(h)

shall have the names thereon arranged in alpliabetlcal order of the surnames, with a number prefixed to eaeli name beginning at tlie first name with the number next in arithmetical progression after the last number on the roll last printed, and con tinuing in like progression to tlie last name on the supplemental roll.

(3) For the purposes only of such election for the Asscmiily the copy of such roll last printed and altered if necessary as liereinliefore provided together with the copy ol' sueli supplemental roll (if any) transmitted to tlie returning officer shall be the electoral roll for the subdivision.

(4) Every registrar shall comjiiy with any direction of a divisional returning officer given to enable sucli divisional returning officer to comply with the requirements of this section.

Miscelhmeons,

51. Any person who witnesses any claim for enrolment or transfer of enrolment who docs not,

itliUHif

>ii

must satisfy

himself of truth

before he affixes his signature thereto, satisfy

of sUtomeuts.

himself, hy inquiry from the claimant or otherwise,

vf, C'wth

Elect

Act

172.

that the statements contained in the claim are true,	Viet. Act No.
shall be liable to a penalty not exceeding fifty	3,331, s. 41.
pounds.
Fniliiro to
52. Any person wlio accepts the custody of a claim for enrolment or transfer of enrolment for	transmit- claim,
tf. IhUL 8.173.
transmission on behalf of any other person to a	i h u h ft. 4’i

registrar

550 Parliamentary Electorates and Elections (Amendment)

Mo, 55,1928.

Act.

registrar, and does not transmit the claim fortliwith to the registrar, shall be liable to a penalty not exceeding fifty pounds.

53. All electoral papers provided for by this

m^y be sent b.v

post,

cf. VLcl. Act	Part of this Act may be sent through the post.
No, 3,3S1, B. \4.
Correction
of errors,	of. (1) "Where any accidental or unavoidable impediment, misfeasance or omission has happened in the preparation or transmission or printing of any roll under tliis Part of this Act, the Governor may by his order—
cf. Ibid. s. *1H.

(a)	take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission; or
(b)	declare any such roll valid as to and not withstanding such impediment, misfeasance or omission.

(2) Every such order shall state specifically the nature of the impediment, misfeasance or omission and shall be fortlnvitii published in the Gazette.

Kegnlalioc0,	55. (1) The Governor may make regulations prescribing all matters which are required or per mitted to be prescribed under this Part of this Act, or wliich are necessary or convenient to hc! pre scribed for the carrying out of the purposes of this Part of this Act.
(2) Any such regulation may impose a penalty not exceeding five pounds for any contra vention thereof.

(3) The regulations shall—

(a) be published in the Gazette;

(b)	take effect from tlie date of such publication, or from a later date to be specified in the regulations;
(c)	be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and, if not, then within fourteen sitting days after the com mencement of the next session.

Parliamemary Electorates and Elections (Amendment)

6dl

Act.

No. 55, 1928.

I t eitlier House of Parliament passes a resolution of u'liieli notice lias been given -witliin fifteen sitting days after tlie regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall there upon cease to have eflect.

Consequential amendments on section thirteen.

14. (1) The Parliamentary Elections (Ameiidnicnt) Auifmiiiieut

Act, 1918, is amended by omitting so much of the Schedule to that Act as amends any of the sections contained in Part IV of the Principal Act.

(2)

The Parliamentary Electorates and Elections

(Amendinent) Act, 1921, is amended by omitting sub-IWt,«, 2

sections two, tlirce, four, five, six, seven, eight, nine,

9^’-

ten, cloven, twelve, thirteen, fourteen, fifteen, sixteen

and seventeen of section two.

(3) The Parliamentary Electorates and Elections Amendment

(Amendment) Act, 1929, is amended—

(a)

by omitting subsections tliree and four of ŝo. n (s) (4). section nine;

(b)

by"̂ omitting paragraphs (a), (b) and (c) of sec. n (,j) (i>

subsection five of the same section ;

''̂ 1-

(c)

by omitting subsection six, seven, eiglit and se,;. a nine of the same section.

D ivision 1.— Qualifications o f electors.

1 5 . The Principal Act is further amended—

Vurther

(a) by omitting Part H I and by inserting in lieu

Act

thereof the following P a rt:—	21.
191-2. ss ‘20,

PART III.

Q u a l i f i c a t i o n

o f

E l e c t o r s .

20. (1) Subject to the disqualifications set Quaiirî jitioii

out in this Act, every person not under twenty-

one years of age, -wdicther male or female—

Asacmioy. pX Cwtli

(a)

who is a natural born or naturalised

subject of His Majesty; and

192s, s. .‘la.

, .

Viet. Act No.

3,321, . s i t .

552 Parliamentary Electorates and Elections (Amendment)

No. BS, 1»3S,

Act.

(b)	who bas lived in Australia for at least six months continuously, and in New South Wales for at least three months, and in any subdivision for at least one montli immediately precedin^^ the date of such persons claim for enrolment,

shall (subject to the provisions of this Act) be

entitled—

(i) to be enrolled as an elector for the Assembly on the roll for the subdivision in wliich such person lives and for no other subdivision; and

(ii) when enrolled and so long as such person continues to live in the sub division, to vote at any election for the Assembly for the district.

(2) Notwithstanding anything contained

in this Act—

(a)	an elector who lias changed his place of living to another place within the same subdivision or to another subdivision of the same district, shall not he deemed by reason only of such cliange to be dispossessed of the qualification in respect of which he is enrolled; and
(b)	an elector who, within three months before any election has changed his place of living to another district, may vote at that election for the district for which his name appears on the roll prepared as hereinafter provided for the purposes of that election,

(3) Eor the purposes of this section the expressions “ Natural horn subject” and “ Naturalised subject” shall have the same meanings as in the Acts of the Common wealth for the time being in force relating to elections,

Parliamentary Electorates and Elections (Amendment)

553

Act	No. 55, 1928.

21. Xo person who is of unsound mind, ond liisijuaiifita.

no person attainted of treason, or who has heen

convicted and is under sentenco for any oiTeneo	Act,
punishable under the law of New Sonth Wales
or of any otlier part of the King’s Dominions

by imprisonmtmt for one year or longer,	a, i:t.
shall he entitled to have his name placed on or retained on any roll of electors for tin* Assembly, or to vote at any election for the Assembly.

(h)	liy omitting from section three the definitions of “ Natural liorn subject ” and “ Naturalised subject.”

Coiiseqvrniktl <nncndmrut on srcHon fifteen-.

10, Tlie Parliamentary l-.lectoratos and Elections Amendment

(Aineudment) Act, 1920, is amended hy omitting sub-

section two of section nine.

a. a (2).

D iv is iO N

5 . — M t s c e l l o n e o n s .

1 7 . t i n g fr o m s e c t io n o n e t h e w o r d s a n d f ig u r e s

’f h e P r in c ij ia l

A c t

fu r t h e r

a m e n d e d h y o m it

“ P A R T

I V ,

loc i/s . i.

’

— O f FICKRS a N il

IlO J.l.S AND O llLIGA TIOX TO D x HOL—

ss. 2 2 - ( ) 7 ” a n d b y in s e r t in g	in	l i e u	t h e r e o f	th e	f o l lo w
i n g

P A R T

11 I n .— A i i k a n g k m e n t

w i t h

t h e

C o i iM o y -

W BAETii

AS TO R o l l s .

P A R T

I V . — OEriOERS

a x i >

E n' r o l m e n t .

' I h e

P r in c ip a l

A c t

fu r t h e r a m e n d e d — -

AcrNol“V,’\ 9ia

♦

fa )	h y	o m it t in g	fr o m	s e c t io n	t h r e e	th e	d e f in it io n (Doonitiona,)
o f “	L is t ” ;

(b )

h y o m it t in g f r o m th e d e f in it io n o f

“

R e g i s t r a r ”

in s e c t io n tlii'o e th e w o r d “ d i s t r i c t ” a n d h y iD s e r l in g in l ie n t h e r e o f th e w o r d “ s u b d iv is io n .”

( c )

h y in s e r t in g in s e c t io n th r e e n e x t a f t e r th e

d e f in it io n

o f

th e

w o r d

“ B } '- e I e c t io n ”

th e

f o l lo w in g n e w

d e f in i t io n —

“ E le c t o r a l

p a p e r ”

in c lu d e s

a n y

e le c to r a l

c la im

a n d

a n y p r e s c r ib e d

fo r m .

554 Parliamentary Electorates and Elections (Amendment)

No. 55, 192S.

Act.

Am eadm eiit	1 9 .	(1) The Principal Act is fiirtlicr amended—
of Act Ko. 41,

1913, K. S4.	(a) by omitting paragraphs (d), (e) and (f) of
(A ppoin t

m ent of	section eiglity-fonr and by insf'rting in lieu
polling place	thereof the follow ing paragrapli :—■
areaa.)

(d)	declare polling-places to be the polling- places for any specified subdivision.

(b)	by omitting from the same section the proviso thereto;
(e)	by adding at the end of the same section the follon’ing new subsection :—

(2) Xo polling-place shall be appointed or abolished after the issue of the' writ for au election and before the time appointed for its return,

CouiiCtpicn-

tinl aijicmi-

(2) The Parliamentary Elections (Amendment)

iiitiit of Act	Act, 1918, is amended by omitting so mucli of the
Xo. 40, 1918,
-Schodiile.	Schedule to tliat Act as amends paragrapli (d) of section eighty-four of the Principal Act.
(,'oiise^nen-

(3) The Parliamentary Electorates and Elec

tia!

am end

m ent of Act

Xo. 19, 1921,

tions (Amendment) Act, 1921, is amended hy omitting

3 (3.1),

subsection twenty-three of section two.

AmvniJiiujitt of

AX'Nan'.'iBiV	2 0 . The Principal Act is further amended-
trials.)

Sc.^ 79(4).

(a)

by omitting from the form of nomination prescribed in subsection four of section seventy-nine tlie words “ polling-jilaee area ” and by inserting in lieu thereof tiie word “ subdivision” ;

See. 97(1).

(b) (i) by omitting from subsection one of section ninety-seven the words " polling-place area” and by inserting in lieu thereof the word “ subdivision ” ;

(ii) by omitting from the same subsection the words “ such area ” and by inserting in lieu thereof the words “ such subdivision ” ;

S e c ,131a .

(c)

by omitting from section 131a the words “ polling-place area ” and by inserting in lieu thereof the word “ subdivision ” ;

(d)

Parliamentary Electorates and Elections (Amendment)

5.“)5

Act.	No. 55, 1928.

(il)

by oniittiii" from Solioclules ninCj cloven, Ruiiciinirao, place area ” wlierever occurring and by inserting in lieu thereof tlie word “ subdivision.”

21. (1) The Principal Act is further amended by An,c.».imHiui

omitting paragra])b (e) of subsection one of section one liimdred ami by inserting in lieu thereof the following paragraphs : —

cliallciigcJ )

(e)	Is your place of living within the district of

[//cj'tf state the name o f the district in 7'esj)ect

o f which the elector clamis to vole~\ ?

(f)	{If the quectimi set out in paragraph (<?) is ansicered in tie negatice)—IA"as your place of living at any time witiiin the last three months witliin tlie district of {Jiê 'C state the name o f the disU'icl in respect o f which the elector claims to rofc] ?

(2) The Parliamentary Elections (Amendment) <

Act, 1918, is amended by omitting so much of the Schedule to tliat Act as inserted paragraph (e) p., subsection one of section one hundred of the Principal Act.

22.

(1) The Principal Act is further amended-

Act Nq. Jl, 191

(a )

h y

e m i t t i n g

s e c t io n

o n e

h u n d r e d

a n d s ix

a n d see. me.

b y

in s e r t in g

l ie u

t h e r e o f

t h e

f o l lo w in g

s e c t i o n :— •

lOG.

(1 )

I f ,

a t

a n y

p o l l in g - b o o t h ,

a n y Duty of

h a llo t - j ia p c r

h a s

b e e n

d e l iv e r e d

t o

a n y

pt^i’so n

h a v in g

te n d e r e d

v o t e ,

a n d

i f

a n y

o th e r ™c-nni voteis

p e r so n

s u b s e q u e n t ly

t e n d e r s

v o t e

a t

s u c h

b o o th

i n

t l i c

n a m e o f ,

o r

a s

p u r p o r t in g

t o

b e ,

s u c h

f ir s t -m e n t io n e d

p e r s o n ,

th e

r e t u r n in g

o f i ic e r

o r

d e p u t y

s h a l l

p u t

th e

p e r s o n

s u b s e q u e n t ly

t e n d e r in g

v o t e

th e

p r e s c r ib e d

q u e s t io n s .

I f

t h e p e r s o n

a n s w e r s th e q u e s t io n s

s a t i s f a c t o r i ly ,

a n d

m a k e s

d e c la r a t io n

th e

p r o sc r ib e d	fo r m ,	b e m a y	b e	p e r m it te d	t o	v o te .
(2)

55()

Parliamentary Electorates and Elections (Amendment)

No. 65,1828.	Act.
Vote of per

son whose

(2) Notivithstanding anythiu" con-

name is not	taincfl in tliis Act, M'ltcn any person who
on certified
list, or lias	is entitled to he enrolled on the roll for a
been struck	subdivision claims to vote at an election at
out of cer
tified list, or	a polling-place prescrihed for that subdivision,
is oit roH and	and his name has heen omitted from or struck
cannot bn
found.	out of the certified copy of the roll being used
cf. C’wth	at such election owing to an error of an officer

A ct.

lOltt-

or a mistake of fact, or when anv nerson who is

lfl-2S, .s. 12).

enrolled on the roll for a subdivision claims to vote at an election at a polling-place prescrihed for that subdivision and his name cannot be found hy the deputy returning otficcr on the certified copy of the roll being used at such election, he may, subject to this Act and the regulations, be permitted to vote if—■

(a)	in the case of a person whose name has been omitted from the roll—■

(i) he sent or delivered to the registinr for the subdivision a duly completed claim for enrol ment or transfer of enrolment, as the case requires, in respect of the subdivision, and the claim was received by tlic registrar before six o’clod; in the after noon of the day of the issue of the writ for tlic election ; and

(li) he did not after sending or de livering the claim and before six o’clock in the afternoon of the day of tiie issue of the writ become qualified for tran.sfer of enrolment to another subdivi sion ; or

(̂ b) in the case of a person whose name has heen struck out of the roll—

(i) his name was not, to the best of his kiK)wl(‘dge, removed from the

roll

578 Parliamentary Electorates and Elections (Amendment)

Ho. 5 5 ,192B.

Act.

From Urn Cliief Electoral Officer for the 8 ta te of Kew South W ales.

Every elector who—

(a)	fails to record his vote at an election without a valid and Kutlicient excuse for such failure ; or
(b)	P arliam entary E lectorates and Elections Act, 1D13-1

on receipt of a notice in accordance with section IL'Oe of the the Chief Electoral Officer so as to reach him within the time specified in the notice, the form (duly witnessed) attached

th e re to ;

(c)

states in such form a false reason for not having recorded Ids vote, or in the case of an elector filling up or purporting to fill up a form on behalf of any other elector, states in such form a false reason why th a t o ther elector did not vote,

is guilty of an offence and liable to a penalty of not less than ten

shillings and not more than two pounds.

Form 4.

N ew

t jo u in

W a l e s .

PA RLIA M KN TA KV

ELECTORATES

A S D

ELECTIO N S ACT,

If)12-1»28.

Section f'iOF.

Polling-[)lace A rea of Electoral D istrict of No. on Roll

Notificatityn to Elector whoiot Jteftmn fo r FnUi'Off to Vote m ftefJ

not to be a Valid and Snffieient Exeuxe.

To the Elector whose nam e and address appear on the back hereof.

You are hereby notified —

(1) th a t the reason given by you in your sta tem en t dated tbe

19 , is not, in my opinion, a valid and

sufficient excuse for your failure to record your vote a t tlie

election held on the day of 19 ; and

(2) th a t you have the option of having the m atte r dealt w ith by

me (thus avoiding costs of court) or by a C ourt of P e tty

Sessions,

I f you desire to have the m atte r dealt w ith by me you m ust fill in and sign, in the presence of a witness, the form of coitsenfc a t the foot hereof, and send or deliver it to mo so as to reach me not la te r than th e *

I Not hein^ leas tliau twcuty-onc day a after the posting of tliia notice.

Parliamentary Electorates and Elections (Amendment)

579

Act.

No, 55.1923.

In the cvoiit of the form not reaehin;; me on or before the date set o u t in the preceding paragraph, i t will be taken th a t you desire to have the nuittei' dealt witli by a Court of P etty Kt'ssions,

Chief Electoral Oflicer

Address

D ate

Form 5.

Sc(:ti(m 120r.

Foitw OF CoN'SKVT TO i!K USED UY AK E lectok who desires to hayk

Ills C ase dealt with by the Ch ief E lectoral Officer .

, of

, enrolled

,—, as an elector on tbe roll for the abovenamed polling-place area and

district, having failtsl to record lay vote a t the election held on

■g the

day of

, and having been

■J->U	notified by you th a t the reason given by me for such failure to record
P	my vote is not, in your opinion, a valid and sufficient excuse for such failure, do hereby notify you th a t I consent to have the m atter dealt with by you and to abide by your decision

Personal Signature of Elector

r, tbe undersigned, being an electoi- or a person qualified to be an elector of tbe S ta te of Xew South Wales, certify th a t I have seen the abovenami'd elector sign the above form.

Signature of W itness

{III own h a m lw ritin ji

Occupation

Address

D ate

\_Bach o f Form s

4 a n d 5,]

Fj'om t.lic Chief Electoral Officer for the S tate of New South Wales.

r iic Chief Electoral Officer for the S tate of New South Wales,

Chief Secretary’s Office,

Sydney.

Form

580 Parliamentary Electorates and Elections (Amendment)

No, 35, lt»2&

Act.

Form G,

K ew Sol-Til 5\ ' ales,

P A R L IA M E X T A R r ELECTORATES AND

ELECTIONS

ACT,

irn2-l[>L»S,

Section

120e .

Electoral D istric t of Polling-place A rea of Ko. on Roll

O rder M eq'iirinij n a Elector to pay a S u m fo r Fa'dnre to

Vote.

To the Elector whose name a[)pears on the hack hereof.

You arc notified th a t, pursuiiut to 3'our notification of consent dated

the flat' of , I have dealt with

the m atte r of your failure to record t’our vote for the above mentioned

Electoral

D istrict,

I make this order requiring you to pay to me iit the adilress here under the sum of

slnlling'i.*

Chief Electoral Officer for the StEite of New ,Sout!i Wales,

Address— Chief Secretary's Office,

Sydney.

D ate

• I f the said sum is not paid within tw enty-eight days after the date of tliis order tlie m atter will be referred to a Clerk of a Court of P e tty Sessions for the enforcenieiil of th is order.

[.Snei o f Form 0.]

From the Chief Electoral Officer for the S tate of New Stmtli Wales.

Form 7.

N ew S oi:th W ales,

PARLIAM EKT.ARV ELECTORATES AND ELECTIONS ACT, t91-2.19iiS.

Section T20r.

Chief Secretary’s Office,

Sydney,

M emorandum

To the Clerk of P e tty Session.s at

In accordance with >Section IUOf of the P arliam entary E lectorates and Elections A ct 1912-1018, I hereby certify th a t the sclicdule hereto contains a list of the names and enrolm ent parLiculars of ]>crson3 against whom I have made an Order, pn isuan t to the said section, for the paym ent of the .sums respectively specified.

A s the said sum.s liave not been paid w ithin 1 wenty-uight tlays afte r tlie date of the order in each ease, I have to request th a t step.s be taken to enforce payment.

I shall be pleased if you will sta te on the schedule w hether or not tlie paym ent has been enfoi'ced and return it to me.

Given under my hand this

day of

Chief Electoral Officer.

[^Schedule

Parliamentary Electorates and Elections (Amendment)

581

Act.

No. 55,1928.

to Form T.J

8CUKUULK.

D is ti if t

Polling-j)lLu;e Art'Ll of

Y ( m i - o f

j i i i i t o f

) l o l l

iS'o,	on
Uoll

Chief Electoral UHioer.

Ditto

F orm 8,

N kiv 8 outi£ W ales.

PARLIAWE'INTARY MLECTORA'l'E.-; AXO ELECTrONii ACT, lin'2-l<>23.

Seiition 120t'.

A u th o risa tio n

o f the

G h irf Jihctora l

0(fic<ir f o r

F rosecntim j

O fiesT

to	Iiis tila le Proceedings.

I ,	, the Chief E lectoral Odiccr for the

S ta te of New South Wales, lie rch j'au thorise , whose signuturc ajipears hcrcimtler, to in stitu te proceedings for tlie enforcem ent of penalties foi' the conti'iivention of any of the provisions of sections 120a to 120n, both inclu.sive, of the P arlian icn tary I'ilector- ate.s and Elections A ct, 1212-11)28.

Cliief Electoral Oftice.

Diitcd this

ihiy of

S ignature of person authorisiid to In.stitute proceedings—

Form 9.

N ew Houth W ales.

PARLIAMEXTARV ELECTORATES AND ELECTION.^ ACT, IDlS-ia^S.

N otice to the

N ith i2i-?ia)ned D efendant.

You may a tten d tlie taiurt and answer the cliargo in person, or may, a t any time, not less than seven (V) days before tlie date fixed for tho hearing, lodge witli or semi by post to the Chief Electoral Officer a Statutory declaration setting out any m atter wliieh you desire to set o u t in answer to the charge, and, unless the said Chief Electoral Offieer, after inr|uiring in to the tru th of the statem ents therein set out, so far as it is practicable for him to do so, Is satisfied with the explanation given and authorises the withdrawal cf the charge, the m atter sliidl be proceeded witli an<l the said sta tu tory dcclariitiou may thereupon lie p u t to sud i use a t the Itcaring as may be necessary and perniissiblt! foi' thu propei' determ ination of the ofFciice,

Form

Form 10.	p	00
I'd

N e w

S o iT H

W a l e s ,

PA R LIA M EN TA R Y ELECTORATES AND ELECTIONS ACT

1912-1928.

Electoral Dit^trict of

............................... ..........................

PoIling*pIace Area o f ...............................................................................

E xtract fnun tlie Marked Roll for the aboveiiamc'! Polling-place Area showing tho Names of Elcctora who Did N ot Vote a t the

p2.

Election held on tlie .........................................

day of..,

.................. .......

Elector's Reply.

Further Action under Section 120f.

Notfficalion	«D
to Elector.	a

Section 120c

Whether

Notification

Consent of Elector to m atter'

r-*~

reason stated

to Elector

No.

Whether

Itcin^ dealt 'v îth hy the

Name and Description

Parliamentary Date to be in

in reply is, in

that reply is

Subscqitent proceedings

•1

recei%'cd hv

Chief Electoral Officer.

of Elector.

Electorates

hands of

the opinion of not considered

(if any).

Roll.

Chief ‘

and Election*

Chief

tho Chief Elecd

valid and

Act,	Electoral	Kl(̂ toral	tora) Officer, ai	sufficient	Date to Itc in	in ; ___	.	!	Whether	. I	w
Officer,

l»12-m 8.

Officer.

(ft)

valid and Biiili-'

excuse for

Irhii f

Date sent.

cicntcxciiseforjfailure to vote. Chief ElectoraJl^

Officer

failure to vote.,

----- '

—

‘

fi)

a o

* p-

(rt) Insert in this Column ** Yes” and date of receipt if a reply has been received, or ‘*N o"if a reply has not been received

w <5“

I hereby certify th a t the aboi'e is a tn ic extract of the marked roll for the said district.

• Chief Klectornl Officer.	o
o

Section 130B of the Parliamentary Electorates and Elections Act, lftl2-l02S, provides : The marked roll imlicatlnjf —

(iT) the names of the electors who did not vole a t the election ;

{h) the names of the electors from whom, or on whose behalf the Chief Electoral Officer received, wdthiu the time allowed pursuant to this Act,

forms properl.v filled up and si^<ncfl; anti

(d) iho names of tfie electors from whom or on whose behalf the Chief Elcclom] Officer did not within th a t time receive forms properl.i filled up and si;iriicd :

rti D

and

(d) the opinions of the Chief RIector.'il Officer—

or a cr>]»y of any such marked roll, or any extrse' iherefrom cerlifled by the Chief Electoral officer under his hand, shall in all proccedin^rs he ;>m»m facie evidence	3
of the contents of such marked roll or extract, and of the fact that the ele<-tors whose names appear therein, marked as aforesaid, ditl not vote at the elecilon, and	CD
that the notice specified in this Act was receixed by those electors, and ih.xtthose electors did, or did not (as the case may be), comply with the rcquisiMoris contained
hi the notice xvithin the time alloxvcd pursuant to this Act.	a

Parliamentary Electorates and Elections (Amendment)

5S‘.l

Act.

Mtp. 55,1928,

PART VII.

C o u r t

o f

D i s p u t e d

R e t u r n s .

31, (1) This Part oE tliLs Act sliall commence upon ('..mim.iici'-

a day to be fixed by tlie Governor and notified by

proclamation publislicd in tlie Gazette,

(2) Upon the commencement of this Part oE this Act, any reference to the Committee oE Elections and Qualifications, or to the Elections and Qualifica tions Committee in the Principal Act or in Parts I, I I , I I I , TV, V, VI, and V III of this Act shall he read as a reference to the Court of Disputed Returns.

(3) Any petition or question which lias been Suiii;;.

referred to the Committee of Elections and Qualifica tions prior to the commencement of this Part of this Act, and which has not been finally dealt witli hy the Committee at the date of such commencement, may he heard, determined and dealt with in all respects as if this Part of this Act had not been enacted.

32. Tiie Principal Act is further amended by omit- Amonaimut,

tin" Part VI and by inserting in lieu thereof the

following P a r t :—

I’-'i’n vt!

PART VI.

C o u r t

o f

D i s p u t e d

R e t u r n s .

D iv is io n

I .— Disputed elections and returns.

155. The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returms, and not otherwise.

Kleu1i>rtxl Aiit,

JS3 <l>,

156. (1) The Supreme Court sliall he the Court tuo Uout-t of

of Disputed Returns, and shall have jurisdiction to

try the petition.

Yt.

(2) The jurisdiction of the Supreme Court

sitting as a Court of Disputed Returns may be

exercised by a single judge.

’

584 Parliamentary Electorates and Elections (Amendment)

No. 55,1928.	Act.
Ro(piisites of

petition,

157. Every petition disputing an ehjction or

of. C’wtli	return in this Part of tliis Act called “ the petition ”
ElectoroL	sliall—

A ct,

1918

1928, s. 185.

(a) set out the facts relietl on to invalidate the election or return ;

(b)	contain a prayer asking for tlie relief the petitioner claims to be entitled to ;
(c)	be signed by a candidate at the election in dispute or by a person avIio was qualitied to vote thereat;
(d)	be attested by two witnesses whose occupa tions and addresses are stated ;
(e)	be filed with the Prothonotary of the Supreme Court within forty days of the return of tbe writ,

Dc|H>sLts as

ê ujiCy for

158. At the time of filing the petition the

coata.

*I b id .* & 186,	petitioner shall deposit with tho Prothonotary the sum of fifty pounds as security for costs.
No proceed in̂
unleso rcqiiieitas	159. No proceedings shall be had on the petition unless the requirements of sections one hundred and fifty-seven and one hundred and fifty-eight of this Act are complied with,
com piirrl w ith,
cf. /6 td . B. 187.
Chief

R ight of

160. The Ciiief Electoral Officer shall be entitled

E lectoral	by leave of the Court of Disputed Peturns to enter
Officer to be
represented,	an appearance in any proceedings in which the
et. Ibid.	validity of any election or return is disputed, and
. 188,	to be represented and heard thereon, and in such case shall he deemed to he a party resjiondent to the petition,
Power.s of

court,

161. (1) Tiie Court of Disputed Returns shall

cf. Ibid.	sit as an open court and its powers shall include the (i) To adjourn ;
a. 189.	following;—

(ii) To compel the attendance of witnesses and the production of documents ;

(iii) To grant to any part} ̂to a petition leave to inspect in the presence of a prescribed officer the rolls and other documents (exccfit ballot- papers) used at or in connection with any

election

Parliamentary Electorates and Elections (Amendment)

585

Act.

Mo. 55,1928.

cloctirm and to take, in tlie presence of the prescribed officer, extracts from those rolls and documents;

(iv) To examine witnesses on oath ;

(v) To declare that any person who was returned as elected was not duly elected;

(vi) To declare any candidate duly elected who was not returned as elected ;

(vii) To declare ary election absolutely void ;

(viii) To dismiss or uphold the petition in whole or in p a rt;

(ix) To award costs ;

(x) To punish any contempt of its authority hy tine or imprisonment.

(2) Tlie court may exercise all or any of

its powers under this section on such grounds as

the court in its discretion thinks just and sufficient.

(3) Without limiting the powers conferred by this section, it is hereby declared that the power of the court to declare that any person who was retimied as elected was not duly elected, or to declare an elee1 ion absolutely void, may he exercised on the ground that illegal practices Avere committed in connection AA'ith the election.

162. (1) Without limiting the poAvers conferred I’lcduction of

by section one hundred and sixty-one of this Act—

(a)

Avhen it is proved that a ballot-paper issued

under the provisions of this Act has, in any Electoral Act,

election, been marked hy a person Avho was

not entitled to vote at the election, the court '

may require the production of—

(i) any postal vote certificate delivered to or posted to that person; or

(ii) any declaration made by that person under the provisions of this A ct; and

(b)	tlie court may, if the ballot-paper marked by such person is identifiable, reject the ballot-paper.

(2)

58G	Parliamentary Electorates and Elections (Amendment)

«o, 66,1928.

Act.

(2) Tlie production from proper custody of a ballot-paper purportincf to liave been used in an election and bearing an ofiBeial number, and of a jiostal vote certificate, or a declaration made under the provisions of this Act, bearing an official number corresponding to tbe official number on tbe ballot-])aper, shall be prima facie evidence that the person ivlio marked tbe ballot-jiaper nas tbe person to whom tbe postal vote certificate was delivered or posted or who made tbe declaration, as tbe case may lie.

(8)	In subsection two of this section “ official

number ” means a number purporting to have been placed on the ballot-paper, postal vote certificate or declaration, as the case may be, in pursuance of this Act or the regulations made thereunder.

IiKHiiries liy

0)11 ft,

103, Tbe court sliall inquire whotbor or not tbe

cf. (Vivtli	petition is duly signed, and so far as rolls and
J^Ifofcoral .'Vet,
1‘MS-19L'8,	v'oting are concerned may inquire into the identity
e. 191).	of persons, and whether their votes were improperly admitted or rejected, assuming tlie roll to be correct, but tbe court shall not inquire into the correctness of any roll,
Voiding
election for	161. (1) If the Court of Disputed Eeturns finds to commit tbe offence of bribery or treating or undue influence, his election, if be is a successful
praciiceg.
illegal	that a candidate has committed or has attempted
ef. Ibid.

]9 l.

candidate, shall be declared void.

(2) No finding by the Court of Disputed Returns shall bar or prejudice any prosecution for any illegal practice.

(3) Tlie Court of Disputed Returns shall not declare that any person returned as elected was not dulv elected or declare anv election void—-

(a)	on the ground of any illegal practice com mitted by any person other than the candi date and without his knowledge or authority; or
(b)	on tbe ground of any illegal practice other than bribery, treating, or corruption or attempted bribery, ti'eating, or corruption,

unless

Parliamentary Electorates and Elections (Amendment)

587

Act.

Ni). 55, 1928.

unless the court is satisfied that the result of the election was likely to be ailected, and that it is just that the candidate should he declared not to he duly elected or that the election should be declared void.

1G5, TVHien the Court of Disputed Returns finds martmrL‘i>ort.

that any person lias committed an illegal practice, the.Prothonotary shall forthwith report the finding to the Governor.

iEHii-i!E!j,i. is2.

Ififi. Tlie court shall be guided hy tlic substantial merits and good conscience of each case without	n;,(. s. m.
regard to legal forms or technicalities, or whether the evidence before it is in accordance with the law of evidence or not.

167. No election shall be voided on account of iintii.nti'viai

any delay in the declaration of nominations, the ]>olling, or tlie return of the writ, or on account of the absence or error of or omission hy any officer which did not affect the result of the election :

Provided that where any elector was, on account of the absence or error of, or omission by, any officer, prevented from voting in any election, the court shall not, for the purpose of determining whet tier the absence or error of, or omission hy, the officer did or did not affect the result of the election, admit any evidence of the way in which the elector intended to vote in the election,

168. On the trial of any petition tlie court shall Ev»3enre

not admit the evidence of any witness that he was nofpermiued

not permitted to vote in any election during tho to votu.

hours of polling on polling-day unless the witness

satisfies the court—

* ''

(a)	that he claimed to vote, in the election, pursuant to that provision of this Act under which he was entitled or might he permitted to vote; and
(b)	that he complied with tlie requirements of this Act and the regulations made there under relative to voting by electors in so far as he was permitted so to do.

588 Parliamentary Electorates and Elections (Amendment)

No. 55,1928.

Act.

Detrisioilii to be	169. All decisions ol the court shall he final and
uf. C"wth Klee

toral Act, 15)13-	conclusive and rvithout appeal, and shall not be
15)23, s. 195.	questioned in any way.
Oopii?3 of
petition and	I/O. The Prothonotary shall forthwith after the Legislative Assembly a copy of the petition, and after the trial of the ]ietition shall forthwith forward to such clerk a copy of the order of the court.
order of court lo
benent to Clerk	filing of the petition forward to the Clerk of the
of Assembly,
cf, y /or/.s. m
("ouDSel or

Eolicitor*

171. (1) No party to the petition shall, except

cf. Ibid.	by consent of all parties, or hy leave of the court, (U) In no case shall more than one counsel
ss. IH7.	he represented by counsel or solicitor.
or one solicitor appear on behalf of any party.
Coptp,	172. The court may award costs against an unsuccessful party to the [letition and may in its dis cretion recommend that costs be paid by the Crown.

cf.	193.
Deposits

applicable

173. If costs are awarded to any party against

for costs.	the petitioner, the deposit shall he applicable in
cf. *Ibid.*	payment of the sum ordered, but otherwise the
s, 19!?.	deposit shall he repaid to the petif ioncr.
O ther costs.	174. All other costs awarded hy the court, including any balance above the deposit payable hy the petitioner, shall be recoverable as if the order of the court were a judgment of the Supreme Court, and such order may he entered as a judgment of the Supreme Court, and enforced accordingly.
cf. *Ibid.*
s. 200.
Effect of

decision.

175. Effect shall be given to any decision of the

cf. Ibid.

court as follows :—

H. 201.

(i) If any person returned is declared not to have been duly elected, he shall cease to he a member of the Legislative Assembly ;

(ii)	If any person not retuimod is declared to have been duly dected, he may take his seat accordingly;
(iii)	If any (dcclion is declared absolutely void a new election shall he held.

l ‘o u e r to

175 a . ( I )

The judges of the Supreme Court, or a

make Rules

of Coiit't-

majority of them, may make rules of court not inconsistent witli this Act for carrying this Part of this Act into effect, and in pavtienlar for regulating the iiractice and procedure of the court, the forms to he used and the fees to he paid hv parties.

‘

(2)

Parliamentary Electorates and Elections (Amendment)

589

Act.

Ho. 55, 192S.

(‘2) r-very

oP court made in })ursii;mce

of tills section shall be laid before both iiouses of Parliament ivithin fcmidecn sitting’ days next cifter it is made if Parliament is in session, and if not, then within fourteen sitting days after the comnieneement of the next session.

If eitlu'r House of Parliament passes a resolution of wliieli notice has been given witliin lifteen sitting days after the rules have been laid before sueli House disallowing any rule or part tliereof, such rule or part sliall tliereupon cease to have effect.

D ivision 2.— Qtudificaliotis and vacancies.

d7oE. Any question respecting tbe qualification Rtferent-e of

of a membtn- of tlie legislative Assembly, or the Court of Disputed Iteturns shall thereupon have jurisdiction to liear and determine the question.

respect inir a vacancy in the Legislativt' Assembly, oi- vacancy,

may be referred by resolution of tbe Legislative

175c. When any question is referred to tlie Court PivsiUentor

of Disputi'd Pceturns under this Part of this Act,

the Spea'a'r shall transmit to the vmiirt of Disputed ^

Keturiis a statement of the question iqion which ». 201.

the determination of the court is desired, together

with any proceedings, papers, reriorts or documents

relating to the question in the possession of the

Legislative Assembly.

175b. The Court of Disputed Returns may allow miiics 1

,0Uie

auy person who in the opinion of the court

interested in the d('termination of auy question K.'ao;-;. ‘

referred to it under this Part of this Act to be heard

on the hearing of the reference, or may direct

notiee of tbe reference to be served on any person,

and any person so allowed to be heard or so directed

to be served sliall be deemed to be a party to the

referenee.

175k. On the hearing of any reference under I’owerg of

this Part of this Act the Courtof Disputed

shall sit as an open court and shall liave the powers. s,'20C. *

conferred

590 Parliamentary Electorates and Elections (Amendment)

Ho. 55, ms.

Act.

conferred by section one hundred and sixty-one of tliis Act so far as they are applicable, and in addition thereto shall have pow er-

la) to declare that any person was not qualified

to be a member of tlie Legislative Assembly ;

(b)	to declare that any person was not capable of sitting as a member of the Legislative Assembly; and
(c)	to declare that tiiere is a vacancy in the Legislative Assembly.

O rder to be

Kent to llousu	17OF. After the hearing and determination of
of. C w ch

affected,	any reference under this Part of this Act the
K lectoral Act	ProtlioiiOtary siia.il forthwith forward to the Clerk
15)18-1923,

ii07*

of the Legislative Assembly a copy of the order or

declaration of the Court of Disputed lleturns.

A pplication

of certain

175g. Tile provisions of sections one hundred

sections*,

and sixty-six, one hundred and sixty-nine, one

e f.

Thid.

hundred and seventy-one, one iiundred and seventy-

s. 20S.	two, one iiundred and seventy-four, one hundred and seventy-five, and 17ua, shall apply so far as applicable to proceedings on a reference to the Court of Disputed Returns under this i’art of tliis Act.
Amendment of

Act No* 41, 15#I2

33. Tile Principal Act is further amended—

Sec, 1*

(a) by omitting from section one the words and figures “ Election Petitions—-ss. 155-174 ” and by inserting in lieu thereof the words “ Court of Disputed Returns—ss. 155-175G ” ;

Sec, 119*

(h) by omitting from section one hundred and nine teen the words “ Elections and Qualifications Committee ” and tiy inserting in lieu tliereof the word.s “ Court of Disputed Returns ” ;

Sec, 12S,

(c)	by omitting from section one hundred and twenty-eight the words “ any Committee of Elections and Qualifications” and by inserting in lieu thereof the words “ the Court of Disputed Returns” ;

Sec, 15:?,

(d) by omitting section one hundred and fifty-

three.

PART

ParJiamentary Electorates and Elections (Amendment)

591

Act.

Ho. 55,1928.

PAHT

V III.

i s c e l l a n e o u s

A :i i e n i >m e n t s .

34. This Part of this Act shall commence upon ac™micnremeiit,

date to be appointed by the Governor and notified by

proclamation published in the Gazette.

35. (1) (a) The Principal Act is further amended Ammiment of̂

by omitting section nineteen and by inserting in lieu . - ' ’ "	S, 1&.
({'orTer^lton.)
thereof the folloniiig section :—■

19. The Electoral Districts Commissioners shall Appii,;ati.jn

liavc the powers and immunities of a Commissioner, of that Act with the exception of section thirteen and Division 2 of Part I I shall, mntafis mutandis, apply to any witness or person summoned by or appearing before the Electoral Districts Com missioners.

and the Ciiainnan of the Electoral Districts Com-j:o,vtii Com

missioners shall have the powers of a chairman

within the meaning of Division 1 of Part I I of the

(b) The Parliamentary Electorates

Elections (Amendment) Act, 192G, is amended by omit-^nt no. la. ting subsection one of section nine. niai,s.oo).

(2) (a) The principal Act is further amended by Further

omitting subsections two, three and four of section

s.*:»,"■

nincty-nmo*

lloU.)

fb) T];c Parliamentary Elections (Amend-Aimndmeni or

̂ ̂ ^ AistXo. 40, 191S,

ment) Act, 1918, is amended by omitting section six.

fl. 6.

tia l .)

(3) The Principal Act is further amended—	Amendment of
AotNo. 41,1012.

(a)

by inserting in section seventy-five after the (Seo. 75. word “ Governor” wherever occurring th e { A p p o iii t- words “ upon the recommendation of the rstumlng

Public Service Board'

officer.)

(b)

by inserting at the end of section seventy.five New a. 75a. the following new section ;—■

75a. (1) A person shall not be qualified for OuaiificaHon appointment as a returning ofiieer, assistant

returning officer, deputy returning officer or

substitute returning officer unless he is an

elector.

(2)

592 Parliamentary Electorates and Elections (Amendment)

Ho 66,1SS8.

Act.

(2) A person shall not he ineligible for appointment as a returning officer, assistant returning officer, deputy returning officer or substitute returning officer for any district merely ibr the reason that he is not enrolled as an elector on the electoral roll for that district.

Sec. 79.	(c)	by omitting from subsection seven of section seventy-nine all words following the words “ Legislative Assembly” and by inserting at the end of the said section the following new subsection
(8) Notwithstanding anything to the contrary in this Act, whenever any vacancy occurs in the Assembly by reason of any member resigning his seat for the purpose of seeking election for the Parliament of the Commonwealth of Aus tralia, if such Member tenders his resignation within twenty-one days prior to the date of the issue of the writ for the said election and notifies in writing to the Speaker liis intention to seek such election, and his intention in the event of his failing to secure such election to become again a candidate for the vacancy afore.said, then the issue of the writ for the election of a Member to fill such vacancy shall be delayed until the result of such Common wealth election shall liave been first officially declared by the Returning Officer,
New 3. 81a.	(d)	by iiiscrtinf: after seidion eighty-one the follow ing new section
candidate.

Death of

8 1 a . If after the nominations for an elec

cf. C’wth	tion In any district have been declared, and
Electoral	before polling day, any candidate dies, the
A c t 1918
1928, 3. 83.	election shall he deemed to have wholly failed, and a new writ shall forthwith he issued for an election in tlie district.

Sec. 93;	(e) (1) by omitting from section ninety-three the word “ ” wherever occurring and by inserting in lieu tliereof the word “ polling-booth ” ;
(Correction.)

(2)

Parliamentary Electorates and Elections (Amendment)

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No. 55, ie2S,

(2) by omittiii" from the same section tlic words “ such room” and by inserting in lieu thereof the words “ such booth.”

(f)	ninety-ciglit the words “ by notice as aforesaid ” (Correoti.m )

by omitting from subsection one of section ?(‘c.sis(i). “ by notice in the Gazette ” ;

(g)	the words “ as in the last preceding section (Correction.)

by omitting from section one hundred and nine Sec. lOO. the words “ in the manner provided by section one hundred and eight of this Act ” ;

(li)	fourteen the word “ senior-sergeant” and liy (Correction.)

by omilling from section one hundred andsee. lu. first-class ” ;

(i) (i) by omitting from jiaragraph (a) of suhsee-Sec. iua.

tion one of section 114a (lie word “ fifteen ” (Postu

and hv inserting in lieu thereof the word

“ te n ’̂

(ii)

by omitting from paragraph (a) of clause Schedule Thirteen the word “ fifteen ” and by insert ing in lieu thereof the word “ ten.”

(j)

by omitting from subsection two of section Sec. us (i*). one hundred and fifteen the words “ the last (Correction.) preceding subsection ” and by inserting in lieu

tliereof the words “ subsection one of this

section ” ;

(k)

tliirty-onc the words “ in the last preceding (Coneciioii.)

by omitting from section one hundred and sec. I3i. tliereof the words “ mentioned in section one hundred and thirty ” ;

(1) bv omittin" from section one linndrod and Sec. i4s.

forty-eight tlie words “ tl’c last preceding and (Cnircciion,)

tiircc next succeeding sections ” and by

inserting in lien thereof tlie woi'ds “ one

hundred and forty-seven, one hundred and

forty-nine, one hundred and fifty, and one

hundred and fifty-one ” ;

(m)

594 Parliamentary Electorates and Elections (Amendment)

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Act.

Sec. 15U.	(m) by omittin" from section one hundred and fifty the words “ the last prceedin" section” and by inserting in lieu thereof the words “ section one hundred and forty-nine of this
{Correction.)

Act ” :

Sec. 151.

(n) by omitting from section one hundred and fifty-one the ivords “ the last preceding section ” and by inserting in lieu thereof the words “ section one hundred and fifty ” ;

(Correction.)

(o)	by inserting next after section one hundred and fifty-one the following new section :—

Now s, 151a,	151a . (1) Any person who—
Prin ting ,& c.,	(a) prints, puhli-shcs or distributes any
false

information,	“ how to vote” card, electoral advertise
cf. C’wth	ment, notice, handbill, pamphlet or
E lectoral
A ct, 1918	card containing any representation of
1928, 3, 161.	a ballot-paper or any representation apparently intended to represent a ballot-paper, and having thereon any directions intended or lively to mislead or improperly interfere with any elector in or in relation to the casting of his vote; or

(h)	prints, publishes or distributes any “ how to vote ” card, electoral advertise ment, notice, handbill, pamplilct or card containing any untrue or incorrect statement intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote—

shall ho liable to a penalty not exceeding one hundred pounds, or in the discretion of the court to imprisonment for a term not exceeding six months.

(2) Subsection one of this section shall not prevent the printing, publishing or distributing of any “ how to vote ” card, not otherwise illegal, ivliich contains instructions liow to vote for any particular candidate, so

long

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No. 55,1328,

Ion" as those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote,

(p)	by omitting from subsection one of section one See. i:g.

Iiundred and seventy-six iill ivords following the words “ full effect” and by inserting next after that subsection tlie following new sub section :—

(1a) Such regulations sliall—

(a) be publislied in tlie Gazette ;

(b)	take effect from the date of publication or from a later date speeiKed in the regulations; and
(c)	be laid before botti Houses of Parlia ment within fourteen sitting days after the publication thereof if Parliament is then in session, and if not, then within fourteen sitting days after the com mencement of the next session.

If either House of Parliament passes a reso lution, of which notice lias been given at any time within fifteen sitting days after such regulations have been laid before such House, disallowing any regulation or part thereof, such regulation or part sliall thereupon cease to have effect.