Referendum (Special Voting) Regulations 1916 (Cth)

STATUTORY RULES.

1916. No. 239.

REGULATIONS UNDER THE MILITARY SERVICE REFERENDUM ACT 1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Military Service Referendum Act 1916 to come into operation as from the eighteenth day of September, 1916.

Dated this twenty-eighth day of September, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL.

_____

Referendum (Special Voting) Regulations 1916.

Short title.

1. These Regulations may be cited as the Referendum (Special Voting) Regulations 1916.

Definitions.

2. In these Regulations, unless the contrary intention appears—“Authorized witness” means—

(a) any Company Officer serving with the Australian Expeditionary Forces;

(b) any Medical Officer of the Australian Army Medical Service in charge or sub-charge of a hospital;

(c) any Naval Commissioned Officer;

(d) any other Military Commissioned Officer and any person in the service of the Commonwealth, and any Military or Medical Commissioned Officer of the Imperial Army, who is appointed an authorized witness by the Commonwealth Returning Officer; and

(e) in relation to the voting by members of the crew of an Australian transport vessel, the Captain and the Chief Officer of the vessel;

“Commonwealth Returning Officer” means a Commonwealth Returning Officer appointed in pursuance of Regulation 3 of these Regulations;

“Deputy Returning Officer” means a person appointed by a Commonwealth Returning Officer to be a Deputy Returning Officer;

“Member of the Forces” means a member of the Commonwealth Naval or Military Forces employed on active service outside Australia or employed on a ship of war, and includes a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia;

   

C.11965—Price 5d.

“Prescribed officer”, when used in relation to the compilation of an Electoral List of the persons living in—

(a) the Northern Territory of Australia—means the Government Secretary of the Territory;

(b) the Territory of Papua—means the Government Secretary of the Territory;

(c) the Territory for the Seat of Government—means the Commonwealth Electoral Officer for the State of New South Wales; and

(d) the Territory of Norfolk Island—means the Administrator of the Territory.

“The Act” means the Military Service Referendum Act 1916.

Commonwealth Returning Officers.

3. (1) For the purpose of enabling members of the Forces serving beyond Australia, or returned to Australia from such service, members of the crew of any Australian transport vessel employed in the conveyance of members of the Forces to or from Australia, and persons living in a Territory under the authority of the Commonwealth, to vote upon the prescribed question, there shall be—

(a) a Commonwealth Returning Officer in London;

(b) a Commonwealth Returning Officer at Rabaul;

(c) a Commonwealth Returning Officer at the capital city of each State of the Commonwealth; and

(d) a Commonwealth Returning Officer in or for each Territory under the authority of the Commonwealth.

(2) The following officers shall be the Commonwealth Returning Officers at or for the places hereinafter specified, namely:—

(a) In London, Brigadier-General Robert Murray McCheyne Anderson;

(b) at Rabaul, Brigadier-General Samuel Augustus Pethebridge;

(c) at the capital city of each State, the Commonwealth Electoral Officer for that State.

(d) for the Northern Territory, the Government Secretary of the Territory;

(e) for the Territory of Papua, the Government Secretary of the Territory;

(f) for the Territory for the Seat of Government, the Commonwealth Electoral Officer for the State of New South Wales; and

(g) for the Territory of Norfolk Island, the Administrator of the Territory.

(3) Subject to the Regulations and to any directions of the Chief Electoral Officer for the Commonwealth—

(a) the Commonwealth Returning Officers in London and at Rabaul shall be charged with the duty of making all arrangements necessary or convenient for enabling members of the Forces not under the age of twenty-one years, serving beyond Australia, to vote upon the prescribed question;

(b) the Commonwealth Returning Officers at the capital cities of the respective States of the Commonwealth shall be charged with the duty of making all arrangements necessary or convenient for enabling members of the Forces not under the age of twenty-one years who have returned to Australia from service abroad to vote upon the prescribed question;

(c) the Commonwealth Returning Officers in or for the respective Territories under the authority of the Commonwealth shall be charged with the duty of making all arrangements necessary or convenient for enabling any person living in those Territories—

(i) who, if the Territory were an Electoral Division in a State, would be qualified to have his name placed on the Electoral Roll for that Electoral Division; and

(ii) who—

(a) is not a naturalized British subject who was born in any country which forms parts of the territory of any country with which Great Britain is now at war, or if he is a naturalized British, subject who was born in any such country, and lives in the Territory for the Seat of Government or the Territory of Norfolk Island, produces to the presiding officer a certificate signed by the District Commandant of a Military District or an officer there to authorized by him, that he is a parent of a person who has been or is a member of the Forces; and

(b) is not interned in any place of internment to vote upon the prescribed question; and

(d) the Commonwealth Returning Officers in London, Sydney, Melbourne, Brisbane, Adelaide, Perth and Hobart, shall be charged with the duty of scrutinizing the votes of members of the crews of Australian transport vessels employed in the conveyance of members of the Forces to or from Australia, which are received by them.

(4) The Commonwealth Returning Officer shall have power to appoint for the purpose of the Referendum such Deputy Returning Officers to assist them in the distribution and transmission of ballot-papers and forms of declaration, and at the scrutiny, as they think necessary.

Persons entitled to vote under Regulations, and in what manner.

4. (1) Subject to these Regulations, the following persons shall be entitled to vote as electors before an authorized witness after the eighteenth day of September, 1916, and not later than the twenty-eighth day of October, 1916:—

(a) any member of the Forces, not under the age of 21 years, serving beyond Australia—

(i) who is enrolled as an elector of the Commonwealth or is eligible to be so enrolled, and

(ii) whose name appears at any time between the eighteenth day of September and the twenty-eighth day of October, 1916, upon an Official Naval or Military Roll or List relating to the Expeditionary Forces, or on an Official Roll or List relating to the Australian Military and Nursing Service attached to such Forces, and

(iii) who duly completes in the presence of an authorized witness the absent voter’s declaration prescribed by Regulation 5 of these Regulations; and

(b) any person living in the Northern Territory or the Territory of Papua—

(i) who, if the Territory were an Electoral Division in a State, would be qualified to have his name placed on the Electoral Roll for that Electoral Division, and

(ii) whose name is on an Electoral List compiled for the purpose by the prescribed officer or a person thereto authorized by him, and

(iii) who—

(a) is not a naturalized British subject who was born in any country which forms part of the territory of any country with which Great Britain is now at war, and

(b) is not interned in any place of internment, and

(iv) who duly completes in the presence of an authorized witness the absent voter’s declaration prescribed by Regulation 7 of these Regulations; and

(c) any member of the crew of any Australian transport vessel employed in the conveyance of members of the Forces to or from Australia who—

(i) is not under the age of twenty-one years; and

(ii) is enrolled as an elector of the Commonwealth, or is eligible to be so enrolled; and

(iii) duly completes in the presence of an authorized witness the absent voter’s declaration prescribed by Regulation 8 of these Regulations.

(2) Subject to these Regulations, the following persons shall be entitled to vote as electors before a presiding officer on polling day:—

(a) any member of the Forces, not under the age of 21 years—

(i) who, owing to circumstances beyond his personal control, is not enrolled as an elector of the Commonwealth, and

(ii) who duly completes in the presence of the Presiding Officer the absent voter’s declaration prescribed by Regulation 6 of these Regulations; and

(b) any person living in the Territory for the Seat of Government or the Territory of Norfolk Island—

(i) who, if the Territory were an Electoral Division in a State, would be qualified to have his name placed on the Electoral Roll for that Electoral Division, and

(ii) whose name is on an Electoral List compiled for the purpose by the prescribed officer or a person thereto, authorized by him, and

(iii) who—

(a) is not a naturalized British subject who was born in any country which forms part of this territory of any country with which Great Britain is now at war, or, if he is a naturalized British subject who was born in any such country, produces to the presiding

 

officer a certificate signed by the District Commandant of a Military District, or an officer thereto authorized by him, that he is parent of a person who has been or is a member of the Forces; and

(b) is not interned in any place of internment.

(3) Notwithstanding anything contained in these Regulations a person shall not be entitled to vote under these Regulations during the person (if any) during which he is in custody serving a sentence for any offence committed by him.

Form of declaration by member of Forces.

5. The form of declaration to be made by a member of the Forces serving beyond Australia who claims to vote under these Regulations shall be as follows:—

FORM OF DECLARATION. ABSENT VOTING.

AUSTRALIAN FORCES SERVING ABROAD.

Commonwealth of Australia.

The Military Service Referendum Act 1916.

I declare—

(1) That I am a member of the Forces* serving beyond Australia;

(2) That I am of the full age of 21 years, and either enrolled or eligible to be enrolled as an elector of the Commonwealth; and

(3) That my name and designation are as follows:—

Surname. Christian names at full length. Rank or Designation, Military or Naval Force including Regimental or Naval Number, if any, and Unit.

I further declare that I have not previously voted at this Referendum, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at the Referendum.

Personal signature of voter..........................................................................................

Declared before me at the  day

of 1916.

Authorized Witness.................................................................................

Rank and Unit..............................................................................

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

*“Member of the Forces” means a member of the Commonwealth Naval or Military Forces employed an active service outside Australia or employed on a ship of war, and includes a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services as service outside Australia.

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness, by whom it must be completed and attested.

(2) The authorized witness must, if he is satisfied as to the identity of the voter, then initial and hand to the voter one form of ballot-paper headed

“Absent Vote.

The Military Service Referendum Act 1916“

having thereon the question submitted at the Referendum.

(3) The voter will then—

(i) in private forthwith mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the authorized witness who will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing the voter’s declaration, and addressed to the Commonwealth Returning Officer at—[here insert address of Commonwealth Returning Officer concerned], securely fasten the envelope, and transmit it to the Commonwealth Returning Officer in accordance with the directions issued by that officer, so as to reach him at the address printed on the face of the envelope, as early as practicable, but in any event not later than the eleventh day of November, 1916.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations of members of the Forces under the Military Service Referendum Act 1916:—

(a) All Company Officers serving with the Australian Expeditionary Forces.

(b) All Medical Officers of the Australian Army Medical Service in charge or sub-charge of hospitals;

(c) All Naval Commissioned Officers; and

(d) Such other Military Commissioned Officers and such persons in the service of the Commonwealth and such Military or Medical Commissioned Officers of the Imperial Army as are appointed authorized witnesses by the Commonwealth Returning Officer.

Form of declaration by returned soldiers.

6. The form of declaration to be made by a member of the Forces who has returned from service beyond Australia and who claims to vote under these Regulations, shall be as follows:—

FORM OF DECLARATION. ABSENT VOTING.

AUSTRALIAN FORCES RETURNED FROM SERVICE ABROAD.

Commonwealth of Australia.

The Military Service Referendum Act 1916.

I declare—

(1) That I am a member of the Forces* who has returned from service beyond Australia;

(2) That I am of the full age of 21 years, and am eligible to be enrolled as an elector of the Commonwealth, but am not so enrolled owing to circumstances beyond my personal control; and

 

* “Member of the Forces” means a member of the Commonwealth Naval or Military Forces employed on active service outside Australia or employed on a ship of war, and includes a member of the Army Medical Corps Nursing Service who is accepted or appointed by the Director-General of Medical Services for service outside Australia.

(3) That my name and designation are as follows:—

Surname. Christian names at full length. Rank or Designation, Military or Naval Force, including Regimental or Naval Number, if any, and Unit, and, if Discharged, Place of Discharge.

I further declare that I have not previously voted at this or at any other polling place, or before an Electoral Registrar or authorized witness, at this Referendum, and I promise and declare that if I am permitted to vote at this polling place I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at the Referendum.

Personal signature of voter.................................................................................

Declared before me at  Polling Place the

day of  1916.

Presiding Officer.............................................................................................

Directions.

(1) This form of declaration must after being filled up, be signed by the voter with his personal signature in the presence of the presiding officer, and then be completed and attested by the presiding officer.

(2) The presiding officer shall then initial and hand to the voter one form of ballot-paper headed

“Absent Vote.

The Military Service Referendum Act 1916”

having thereon the question submitted at the Referendum.

(3) The voter will then forthwith—

(i) retire alone to an unoccupied compartment of the polling booth and there in private mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the Presiding Officer before whom he made the declaration.

(4) The presiding officer will see that he receives from the voter the ballot-paper duly folded, and will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing the declaration of the voter, and addressed to the Divisional Returning Officer for the Division in which the declaration is made, securely fasten the envelope, and deposit it in the ballot-box.

Form of declaration by persons living in the Northern Territory or Territory of Papua.

7. The form of declaration to be made by persons living in any of the following Territories, namely: —.

(a) The Northern Territory of Australia, and

(b) The Territory of Papua,

shall be as follows:—

FORM OF DECLARATION. ABSENT VOTING.

Commonwealth of Australia.

(Here insert name of Territory.)

The Military Service Referendum Act 1916.

I declare—

(1) That I am a person of the full age of 21 years living in a Territory under the authority of the Commonwealth, who, if the Territory were an Electoral Division in a State, would be qualified to have my name placed on the electoral roll for that Electoral Division;

(2) That I am either (a) a natural-born British subject, or (b) a naturalized British subject who was not born in any country which forms part of the territory of any country with which Great Britain is now at war; and

(3) That my name, occupation, and address are as follows:—

Surname. Christian Names at full length. Occupation Address.

I further declare that I have not previously voted at this Referendum, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate any other person for the purpose of securing a ballot-paper, to which I am not entitled, or willfully to make any false statement in this declaration, or to vote more than once at the Referendum.

Personal signature of voter............................................................

Declared before me at the

day of  1916.

................................................................... Authorized witness.

........................................................................... Address.

................................................... Title under which witness acts

as authorized witness

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness, by whom it must be completed and attested.

(2) The authorized witness must then initial and hand to the voter one form of ballot-paper headed

“Absent Vote.

The Military Service Referendum Act 1916”

having thereon the questions submitted at the Referendum.

(3) The voter will then forthwith—

(i) in private mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the authorized witness, who will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing the voter’s declaration, and addressed to the Commonwealth Returning Officer at—[here insert address of Commonwealth Returning Officer concerned], securely fasten the envelope, and transmit it to the Returning Officer in accordance with the directions issued by that officer so as to reach him, at the address printed on the face of the envelope, as early as practicable, but in any event not later than the 11th day of November, 1916.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations under the Military Service Referendum Act 1916, by persons living in—[here insert name of Territory]—such persons in the service of the Commonwealth as are appointed authorized witnesses by the Commonwealth Returning Officer for—[here insert name of Territory].

Form of declaration by members of crews of Australian transports.

8. The form of declaration to be made by a member of the crew of an Australian transport vessel employed in the conveyance of members of the Forces to or from Australia, who claims to vote under these Regulations, shall be as follows:—

FORM OF DECLARATION. ABSENT VOTING.

AUSTRALIAN TRANSPORT SERVICE.

Commonwealth of Australia.

The Military Service Referendum Act 1916.

I declare—

(1) That I am a member of the crew of the Australian transport vessel which is employed in the conveyance of members of the Forces to or from Australia;

(2) That I am of the full age of twenty-one years, and either enrolled or eligible to be enrolled as an elector of the Commonwealth; and

(3) That my name and rank or ratings are as follows:—

Surname. Christian names at full length. Rank or Rating on Vessel.

I further declare that I have not previously voted at this Referendum, and I promise and declare that if I am permitted to vote I will not again vote or attempt to vote at this Referendum. I am aware that it is an offence to personate or attempt to personate any other person for the

purpose of securing a ballot-paper to which I am not entitled, or wilfully to make any false statement in this declaration, or to vote more than once at the Referendum.

Personal signature of voter................................................................................................

Declared before me on board the s.s. this

day of  1916.

Authorized witness.................................................................................................

(Captain or Chief Officer).......................................................................................

Directions.

(1) This form of declaration must, after being filled up, be signed by the voter with his personal signature in the presence of the authorized witness.

(2) The authorized witness must, if he is satisfied as to the identity of the voter, and that he is enrolled as an elector of the Commonwealth or is eligible to be so enrolled, then complete and attest the declaration, and initial and hand to the voter one form of ballot-paper headed

“Absent Vote.

The Military Service Referendum Act 1916”

having thereon the question submitted at the Referendum.

(3) The voter will then forthwith—

(i) in private mark his vote in the manner indicated on the ballot-paper handed to him; and

(ii) fold the ballot-paper in such a manner as to conceal his vote, and at once return the ballot-paper so folded to the authorized witness, who will then, without unfolding the ballot-paper, forthwith, in the presence of the voter, place the ballot-paper in the envelope bearing the voter’s declaration, and addressed to the Commonwealth Returning Officer at—[here insert, in the case of the envelopes supplied to the Captain of each transport vessel, the name of such one of the following places, namely, London, Perth, Adelaide Melbourne, Hobart, Sydney, and Brisbane, as, having regard to the itinerary of the vessel, will be most readily accessible, by mail or otherwise, after the completion of the voting by the voter], securely fasten the envelope, and transmit it to the Commonwealth Returning Officer to whom it is addressed, so as to reach him, at the address printed on the face of the envelope, as early as practicable, but in any event not later than the 11th day of November, 1916.

Authorized Witnesses.

The following persons are authorized witnesses for the purpose of taking declarations under the Military Service Referendum Act 1916, by members of the crews of Australian transport vessels employed in the conveyance of members of the Forces to or from Australia:—

The Captain and Chief Officer of each vessel.

Form of absent voter’s ballot-paper for soldiers voting abroad, &c.

9. The form of absent voter’s ballot-paper for the use of—

(a) Members of the Forces serving beyond Australia;

(b) Persons living in the Northern Territory or the Territory of Papua; and

(c) Members of the crew of any Australian transport vessel employed in the conveyance of members of the Forces or to from Australia;

who are eligible to vote under these Regulations shall be as follows:—

ABSENT VOTE.

BALLOT-PAPER.

COMMONWEALTH OF AUSTRALIA.

The Military Service Referendum Act 1916.

Directions to Voter.

The voter, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, should indicate his vote as follows:—

If he is in favour of the question set forth hereunder he should make a cross in the square opposite the word “Yes”;

If he is not in favour of the question set forth hereunder he should make a cross in the square opposite the word “No”;

and shall fold the ballot-paper so that the vote cannot be seen, and return it to the authorized witness, who will then, in the presence of the elector, without unfolding the ballot-paper, forthwith place it in the envelope bearing the declaration of the elector, and securely fasten the envelope.

Submission of a Question to the Electors.

Question:—Are you in favor of the Government having, in this grave emergency, the same compulsory powers over citizens in regard to requiring their military service, for the term of this war, outside the Commonwealth, as it now has in regard to military service within the Commonwealth?

Yes

No

Form of ballot-paper for returned soldiers.

10. The form of absent voter’s ballot-paper for the use of members of the Forces who have returned from service beyond Australia, and who are eligible to vote under these Regulations, shall be the ordinary ballot-paper used by a person voting as an absent voter before a Presiding Officer on polling day.

Form of ballot-paper for voting in certain territories.

11. The ballot-papers to be used by persons living in the Territory for the Seat of Government and the Territory of Norfolk Island shall be in accordance with Form C in the Schedule to the Act. The ballot-paper may, if the Chief Electoral Officer thinks fit, be printed in a distinctive colour.

Compliance with Regulations.

12. In connexion with the polling of the votes of persons entitled to vote under these Regulations, each person claiming to vote, and each authorized witness, shall severally comply with such of the directions contained in the absent voter’s declaration prescribed by these Regulations as are required to be complied with by him.

Transmission of envelopes containing ballot-papers to Commonwealth Returning Officer.

13. Every authorized witness before whom any person votes under these Regulations shall keep a record of—

(a) the number of absent voters’ declarations and ballot-papers received by him;

(b) the names of the persons to whom they were issued, and who voted before him; and

(c) the number of unused absent voters’ declarations and ballot-papers,

and shall forward to the proper Commonwealth Returning Officer, at such intervals and in such manner as the Commonwealth Returning Officer directs, but so as to reach the Commonwealth Returning Officer as early as practicable and in any event not later than the eleventh day of November, 1916, all addressed envelopes in his possession containing ballot-papers. In addition, he shall as soon as practicable after the twenty-eighth day of October, 1916, forward to the Commonwealth Returning Officer the unused absent voters’ declarations and ballot-papers and the records kept by him in pursuance of this Regulation.

Scrutiny of votes of persons voting before authorized witnesses.

14. The scrutiny of votes polled by persons voting before authorized witnesses in pursuance of these Regulations, and received by a Commonwealth Returning Officer up to and including the eleventh day of November, 1916, shall be conducted by the Commonwealth Returning Officer, with such assistance as he deems necessary, in accordance with the following provisions:—

(1) Upon the receipt of any envelopes containing ballot-papers the Commonwealth Returning Officer shall place the envelopes in a locked ballot-box for safe custody pending the scrutiny.

(2) He may at such intervals as he determines remove any or all of them from the ballot-box for the purpose of the preliminary scrutiny.

(3) At the preliminary scrutiny he shall proceed as follows—

(a) he shall examine each declaration with a view to satisfying himself whether the declaration is duly made and attested, and the person making the declaration is a person who is entitled under these Regulations to vote;

(b) if he is satisfied that, the person is entitled to vote he shall make a mark against the name of the person on the official list (if any), and shall withdraw from the envelope the ballot-paper contained therein, and without inspecting or unfolding the ballot-paper, or allowing any other person to do so, deposit the folded ballot-paper in a locked and sealed ballot-box for further scrutiny, and shall retain the envelope in safe custody;

(c) if he is not satisfied that the person is entitled to vote he shall stamp the envelope “Rejected at preliminary scrutiny” and shall retain it unopened in safe custody.

(4) At any time after the completion of the preliminary scrutiny of any portion of the ballot-papers, he may proceed with the scrutiny of the ballot-papers reserved for further scrutiny, retaining in the ballot-box from time to time such number of ballot-papers as may be necessary to prevent the identity of the voter from being disclosed.

(5) On each occasion on which he conducts the further scrutiny of votes he shall take the following action:—

(a) he shall reject all informal ballot-papers;

(b) he shall count all formal ballot-papers, placing in one parcel those ballot-papers containing votes in favour of the prescribed question and in another parcel those containing votes not in favour of the prescribed question;

(c) he shall make separate records of—

(i) the number of ballot-papers rejected as informal;

(ii) the number of ballot-papers containing votes in favour of the prescribed question; and

(iii) the number of ballot-papers containing votes not in favour of the prescribed question;

(d) he shall fasten and seal each parcel, and indorse thereon particulars of the contents thereof, and add his signature and the date.

(6) Upon the conclusion of the scrutiny he shall place in separate parcels:—

(a) the unopened envelopes rejected at the preliminary scrutiny;

(b) the envelopes from which ballot-papers have been withdrawn;

(c) all the parcels containing informal ballot-papers:

(d) all the parcels containing votes in favour of the prescribed question; and

(e) all the parcels containing votes not in favour of the prescribed question;

and shall fasten and seal such parcels and indorse thereon particulars of the contents thereof, and add his signature and the date; and shall retain such parcels in safe custody until he receives from the Chief Electoral Officer for the Commonwealth directions for their destruction.

Scrutiny of votes polled in Federal Capital Territory and Norfolk Island.

15. The scrutiny of votes of persons living in the Territory for the Seat of Government and the Territory of Norfolk Island and voting under these Regulations shall be conducted by the Commonwealth Returning Officer for the Territory or his Deputy as nearly as practicable in the same manner as the scrutiny of votes polled by persons voting at a polling place as ordinary voters under the Electoral and Referendum Regulations:

Provided that, for the purposes of the scrutiny, the Commonwealth Returning Officer and his Deputy (if any) shall have all the powers of a Divisional Returning Officer and an Assistant Returning Officer under the Electoral and Referendum Regulations.

Scrutiny of votes of returned soldiers voting under these Regulations.

16. The scrutiny of votes of members of the Forces who have returned from service beyond Australia, and who vote under these Regulations as absent voters before a presiding officer on polling day, shall

be conducted as nearly as practicable in the same manner as the scrutiny of the votes of persons voting under the Electoral and Referendum Regulations as absent voters before a presiding officer on polling day:

Provided that—

(a) the scrutiny shall be conducted by the Commonwealth Electoral Officer for the State instead of the Divisional Returning Officer, and for the purpose of the scrutiny the Commonwealth Electoral Officer shall have all the powers of the Divisional Returning Officer; and

(b) the Commonwealth Electoral Officer may, if he thinks fit, before allowing any vote, make such inquiry as he thinks necessary for the purpose of satisfying himself as to the right of the voter to vote under these Regulations.

What ballot-papers are informal.

17. A ballot-paper cast by a person voting under these Regulations shall be informal if—

(a) it has no vote marked on it, or has more than one vote marked on it; or

(b) the cross marked by the voter is placed outside the square in such a position as to render the intention of the voter uncertain; or

(c) there is upon it any mark or writing (not lawfully authorized to be upon it) which would, in the opinion of the Commonwealth Returning Officer, enable the voter to be identified.

Notification of results to Chief Electoral Officer.

18. As soon as possible after the twenty-eighth day of October, the Commonwealth Returning Officer shall forward by telegraph to the Chief Electoral Officer for the Commonwealth a progress return of the scrutiny showing, as regards the votes cast under these Regulations, and counted by him—

(a) the number of votes already counted which have been cast in favour of the prescribed question; and

(b) the number of votes already counted which have been cast not in favour of the prescribed question;

and shall forthwith after the close of the scrutiny forward by telegraph to the Chief Electoral Officer for the Commonwealth returns showing, as regards the votes cast under these regulations, and counted by him—

(a) the total number of votes which have been cast in favour of the prescribed question;

(b) the total number of votes which have been cast not in favour of the prescribed question;

(c) the total number of envelopes containing ballot-papers rejected at the preliminary scrutiny; and

(d) the total number of ballot-papers rejected as informal at the further scrutiny.

Compliance with Forms.

19. Strict compliance with the Forms contained in these Regulations shall not be required, and substantial compliance therewith shall suffice for the purposes of these Regulations.

______________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.