Parliamentary Electorates and Elections (Amendment) Act 1935 (NSW)

PAEIJAMENTAEY ET;ECTOEATES

AND ELECTIONS (AJIENDMENT)

ACT.

Act No. 31, 1935.

George V. All Act to amend the Parliamentary Electorates

*o.3î m5.

Elections Act, 1912-1929, in certain

respects; and for purposes connected there­

with. [Assented to, 11th April, 1935.]

T )E it enacted by the King's 5Iost Excellent Majesty, I f by and with the advice and consent of the Ijc.gis- lative Council and Legi.slative Asse.mb]\' of Xow South Wales in Parliament assembled, and by the authority of the same, as follows :—

Sliort 1 , (1) This Act may be cited as the “ Pa.rliamcntary

liUe.

Electorates and Elections (Amendment) Act, 1935.”

Cit-ation.

(2) The Parliamentary Electorates and Elections

Act, 19124.929, as amended by this Act, may bo cited as

the Parliamentary Electorates and Elections Act, 1912­

1935. . ' .

' ( 3 )

Parliamentary Electorates and Elections 29i

(Amendment) Act. ko . 31.1935.

(3) This Act shall be deemed to have commenced on the eighth day of April, one thousand nine hundred and thirty-five.

2 . The Parliamentary Electorates and Elections Act, Amendment

1 9 1 2 -1 9 2 9 , is amended as follows:—

(a)

by inserting at the end of subsection three of Sec. 33.

section thirty-three the words “ or to have his (Enrolment

name placed on a roll in respect of any address

other than the address at which he is living at

the date of lodgment of the claim ’ ’;

(b) (i) by inserting after subparagraph (iii) of See.35.

paragraph (b) of subsection one of section (Registra-

thirty-five the following new suhpara- ciaiî .)

graph;—

(iv) refer particulars of the claim to the officer in charge of the police in the part of the district in which the claimant claims to he living for inquiry and report as to whether the claimant is entitled to he enrolled in pursuance of his claim;

(c)	by omitting subsection two of section thirty-nine Sec. 39 (2).
and by inserting in lieu thereof the following (Aitcjatior. ^ I • OX fO liS a/

subsection:—

(2) Where the name of an elector has, pur­ suant to a claim, been incorrectly placed on the roll for a subdivision other than the subdivision in which he was living at the date of the claim, and the elector was entitled on that date to have his name placed on the roll for the subdivision in which he was living—

(a) if the two subdivisions arc in tlie same district the divisional returning ofiicer may direct the registrar keep­ ing the roll on which the elector is enrolled to remove the name of the elector from that roll, and the regis­ trar keeping the roll for the sub­ division in which the elector is living

to

.300 Parliamentary Electorates and Elections

-K0i^l,1955. (Amendment) Act.

...... '	to place the name of the elector on that roll and to notify the elector of the change of enrolment, and the respective registrars shall comply
"................	with those directions accordingly;

,'i. ill

i -'i ,i 1- and

̂ (b) if the two subdivisions are not in the

• .1 ■ i l l '

........... _ same district the Electoral Commis-

• ■ 1 i i i

: ; sioner shall forward a certificate

’ ; ; : : •

, setting forth the facts to the divi­ sional returning officer for the district in which the elector is enrolled and to

' the divisional returning officer for the

■ district in which the elector is living,

- and thereupon thedivisional returning officer for the district for which the elector is enrolled shall direct the registrar keeping the roll on which

. the elector is enrolled to remove the name of the elector from that roll, and the divisional returning officer for the district in which the elector is living shall direct the registrar keeping the roll for the subdivision in which the elector is living to place the name of the elector on that roll and to notify the elector of the change of enrolment, and the respective registrars shall comply with those directions accordingly.

New sec. (c) by inserting next after section thirty-nine the

39a.	following new section:—•
Incorrect	39a. Where a person, whose name has boon placed on tbe roll for a district, is not entitled to enrol for that district and that person secured enrolment pursuant to a claim in which ho made a false statement, the divisional returning officer for that district, upon receipt of a certificate from the Electoral Commissioner setting forth the facts, may, at any time between the elate of tbe issue of the writ for an election for that district, and before the close of the polling at
enrolment.

that

Parliamentary Electorates and Elections 301

(Amendment) Act. No. 31,1935.

that election, direct the registrar keeping that roll to remove the name of that person from that roll and the registrar shall comply with that direction accordingly.

(f) by inserting next after subsection seven of Sec. 79. section seventy-nine the following new sub- (Nomma- , . ^ tions.)

section;—

(7a) (a) The nomination of a candidate shall not be valid unless at the time of the delivery

of the nomination paper the person nominated

or some person on his behalf deposits with the	^
returning officer or person acting as his sub­ stitute (as the case may be) the sum of twenty- live pounds in money or in Australian notes or in a banker’s cheque.

(b) The deposit shall be retained pend-

■	ing the election.
(c) After the election the deposit shall be returned to tbe candidate (or to some person authorised by him in writing to receive it) if the candidate is elected, or if the total number of votes ijolled in his favour as first preferences is more than one-fifth of the total number of first preference votes polled by the successful candidate in the election.
In the case of the death of the candidate before the date of the election, the deposit shall be returned to his personal representatives.
Where a candidate withdraws his name from nomination in pursuance of section eighty-one of this Act, the deposit shall be returned to him (or to some person authorised by him in W'riting to receive it).
In any other case the deposit shall be forfeited to His Majesty.

(g) (i) by inserting in paragraph (a) of clause six Schedule of Schedule Twenty after the word ^^usee’

“ person ” the words “ or persons

(ii)  by inserting at the commencement of para­ graph (b) of the same clause the word “ Each.”

SAINT