Seat of Government Electoral Regulations (Cth)

Signed by the elector in his own handwriting in my presence—

Signature of Witness*

Signature of Elector

(In own handwriting.)

(In own handwriting.)

Address of witness

Dated at the day of 19 .

No judgment structure available for this case.

STATUTORY RULES.

1928. No. 116.

REGULATIONS UNDER THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1924–1928.

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 Seat of Government (Administration) Act 1924–1928 and the Commonwealth Electoral Act 1918–1928, to come into operation upon the date of the commencement of the Seat of Government (Administration) Act 1928.

Dated this fifth day of November One thousand nine hundred and twenty-

Governor-General.

By His Excellency’s Command,

for Minister of State for Home and Territories.

SEAT OF GOVERNMENT ELECTORAL REGULATIONS.

1. These Regulations may be cited as the Seat of Government Electoral Regulations.

2.—(1.) In these Regulations, unless the contrary intention appears—

“Election” means an election of the Third Commissioner for the Territory;
“Elector” means any person whose name appears on the roll;
“Roll” means the Roll of electors prepared by the Chief Electoral Officer for the purposes of the Seat of Government (Administration) Act 1928 and these Regulations;
“The Chief Electoral Officer” means the Chief Electoral Officer for the Commonwealth;
“The Commonwealth Electoral Act “means the CommonwealthElectoral Act 1918–1928, as amended from time to time.

(2.) Any reference to a form shall be read as a reference to a form in the Schedule.

3.—(1.) The provisions of sections thirty-three to thirty-five (inclusive), of sections forty-two, sixty-four, sixty-seven, of paragraph (c) of section seventy-three, of sections seventy-six, ninety-one a, one hundred and thirteen, one hundred and twenty-one, one hundred and twenty-one a, one hundred and twenty-eight a, one hundred and thirty-six a, of sub-section (2.) of section one hundred and forty-two and of Parts IX. and XVI. of the Commonwealth Electoral Act 1918–1928 shall not apply to an election.

2586.—Price d

(2.) In the application of any provision or part of the Commonwealth Electoral Act to an election:—

(a) A reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of an election;
(b)A ballot-paper used for the purposes of an election shall only be rejected as informal for the reasons specified in these regulations;
(c) A reference to scrutineers or to a scrutineer shall be read as a reference to scrutineers or to a scrutineer appointed in pursuance of these regulations, as the case requires;
(d)A reference to electoral matter or to electoral papers shall be read as a reference to corresponding matter or papers in relation to an election;
(e) A reference to a ballot-paper, ballot-box, or other thing shall be read as a reference to a ballot-paper, ballot-box, or corresponding thing in relation to an election;
(f) Any reference to “this Act” shall be read as a reference to the provisions and Parts of the said Act which are applicable to an election.

(3.) In the application of Part VIII. of the Commonwealth Electoral Act to the Territory, any reference to the Divisional Returning Officer shall be read as a reference to the Returning Officer for the Territory.

(4.) In the application of Part XII. of the Commonwealth Electoral Act (other than section ninety-one a) to an election under these Regulations:

(a)any reference in that Part to a State shall be read as a reference to the Territory, and any reference to a Divisional Returning Officer or a Returning Officer excepting the reference in sub-section (1.) of section eighty-six of the Commonwealth Electoral Act 1918–1928,shall be read as a reference to the Returning Officer;
(b) any reference to an election shall be read as a reference to the election to be held in pursuance of these Regulations;
(c) any reference to a postal ballot-paper for a Senate election or a postal ballot-paper for a House of Representatives election shall be read as a reference to a postal ballot-paper for the election; and
(d) any reference to a Certified List of Voters shall be read as reference to the Certified Copy of the Roll.

4. The Chief Electoral Officer shall be the Returning Officer for the Territory and shall be charged with the duty of giving effect to the provisions of the Seat of Government (Administration) Act 1924–1928 in so far as it relates to the election of a Third Commissioner, and the Commonwealth Electoral Act in so far as it is applicable to such election and these Regulations.

5. An Assistant Returning Officer may be appointed by the Chief Electoral Officer to exercise within the Territory, subject to the control of the Returning Officer, all the powers of the Returning Officer.

6. The Chief Electoral Officer may appoint an Electoral Registrar to keep the Roll for the Territory, who shall be subject to the directions of the Returning Officer.

7. The Registrar shall keep forms of claim for enrolment and such other forms as are prescribed, and shall without fee supply them to the public and assist the public in their proper use.

8. The Chief Electoral Officer may by notice in the Gazette appoint such polling places within the Territory as are necessary.

9.—(1.) There shall be a Roll of Electors for the Territory.

(2.) The Roll shall be prepared by the Chief Electoral Officer and shall be in accordance with Form 1.

10.—(1.) The Roll shall be kept by the Registrar and shall be open for public inspection without fee at the office of the Registrar at all convenient times during his ordinary office hours.

(2.) Printed copies of the Roll may be purchased from the Registrar at the price of one shilling per copy.

11. All officers in the service of the Territory, all police, and all occupiers of habitations shall upon application furnish to the Returning Officer or to any officer acting under his direction all such information as he requires in connexion with the preparation of the Roll.

12. All persons not under 21 years of age, whether male or female, married or unmarried—

(a) who are natural-born or naturalized subjects of the King, and
(b) who are owners or occupiers as defined in section three of the Seat of Government (Administration) Act 1924–1928.

shall be entitled to enrolment subject to the provisions of these Regulations.

13. All persons whose names are on the Roll shall, subject to the Seat of Government (Administration) Act 1924–1928, the Commonwealth Electoral Act, and these Regulations, be entitled to vote at elections, but no person shall be entitled to vote more than once at any election.

14.—(1.) Names may be placed upon or added to the Roll pursuant to claims for enrolment.

(2.) The form of claim for enrolment by a person qualified for enrolment, may be in accordance with Form 2 or Form 2a as the case requires and shall be signed by the claimant with his personal signature, and attested by an elector or person qualified to be an elector of the Commonwealth or of the Territory who shall sign his name as witness in his own handwriting, and must be posted or delivered to the Registrar so as to reach him before six o’clock in the afternoon of the fourteenth day after the publication of the advertisement referred to in paragraph (a) of sub-section (1.) of section 6aa of the Seat of Government (Administration) Act 1924–1928, at which hour the Roll shall close for the purposes of an election.

(3.) Any person applying for correction of the entry on the Roll of his name or particulars of enrolment may apply in accordance with Form 2, or Form 2a as the case requires, or in such other form signed by the applicant, as the Registrar approves.

15. Every person who is entitled to have his name placed on the Roll, and whose name is not on the Roll, may within the time allowed for enrolment fill in and sign, in accordance with the directions printed thereon, a claim in Form 2, or Form 2a as the case requires, and send or deliver the claim to the Registrar.

16. Upon receipt of a claim for enrolment or application for correction of particulars of an existing enrolment, the Registrar shall note thereon the date of its receipt by him, and if the claim, or application is in order and he is satisfied that the claimant is entitled to be enrolled or that the particulars of his enrolment should be corrected, as the case requires, the Registrar shall forthwith enter on the Roll kept by him the name of the claimant and the particulars relating to him or correct the particulars of his enrolment, as the case requires.

17.—(1.) The Registrar, on receipt of a claim, shall, if he is not satisfied that the claimant is entitled to be enrolled in pursuance of the claim, forthwith—

(a) refer the claim, with such observations as he thinks proper, to the Returning Officer for his decision; and
(b) send to the claimant a notification that the claim has been so referred.

(2.) After the Returning Officer has made such inquiry as may be necessary to enable him to decide the claim, he shall forthwith return the claim to the Registrar, and notify the Registrar of his decision, and, if he decides to reject the claim, the reason for such decision.

(3.) If the Returning Officer decides that the claimant is entitled to enrolment pursuant to the claim, the Registrar shall forthwith enrol the claimant, and send to him a notification that he has been so enrolled.

(4.) If the Returning Officer decides that the claimant is not entitled to enrolment pursuant to the claim, the Registrar shall forthwith send to the claimant a notification that his claim has been rejected, specifying the reason for the decision.

18. The Registrar, upon receipt of an electoral claim which is not in order by reason of some formal defect only, may send to the claimant a notification indicating the nature of the defect, and, as the case requires—

(a) return the claim to him for completion or correction; or
(b) furnish him with a fresh form of claim for completion.

19. Notwithstanding anything contained in these Regulations—

(a) claims for enrolment which are received by a Registrar after six o’clock in the afternoon of the day of the close of the Roll, for an election shall not be registered; and
(b) except by direction of the Returning Officer no name shall be removed from a Roll after six o’clock in the afternoon of the day of the close of the Roll for an election.

20. If a Registrar receives a claim for enrolment and without just excuse fails to do everything necessary on his part to be done to secure the enrolment of the claimant in pursuance of the claim, he shall be guilty of an offence.

Penalty: Ten pounds.

21.—(1.) In addition to other powers of alteration conferred by these Regulations, a Registrar may alter the 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, occupation or other particulars of the elector on the Roll;
(c) removing the name of any deceased elector;
(d) striking out the superfluous entry where the name of the same elector appears more than once on the Roll;
(e) reinstating any name removed by mistake as the name of a deceased elector;
(f) reinstating, by direction of the Returning Officer, any name removed as the result of an objection:
Provided that the Returning Officer shall not direct the reinstatement of any such name unless he is satisfied that the objection was based on a mistake as to fact and that the person objected to still retains and has continuously retained his right to the enrolment in respect of which the objection was made;
(g) reinstating by direction of the Returning Officer any other name removed by mistake; and
(h) removing a name from the Roll by direction of the Returning Officer where the Returning Officer is satisfied that the elector has ceased to be qualified for enrolment on the Roll:
Provided that where a Registrar removes any such name he shall send by post to the elector whose name is so removed notice of the fact.

(2.) No alteration pursuant to this regulation shall without the authority of the Returning Officer be made at any time after six o’clock in the afternoon of the day of the close of the Roll for an election.

22. Every alteration of a Roll shall be made in such a manner that the original entry shall not be obliterated, and the reason for each alteration and the date thereof shall be set against the alteration, together with the initials of the Registrar.

23.—(1.) Notice of objection lodged by an elector or officer in respect of a name on a Roll may be in accordance with Form 3.

(2.) A notice of objection shall not be valid unless it is lodged at least ten days before the day fixed for the polling.

24.—(1.) Any person against whom an objection has been lodged or made may answer the objection as follows:—

(a) by attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him and making an oral statement to show that the objection is not good; or
(b) by sending by post or delivering to the Returning Officer at his office a statement in writing to show that the objection is not good.

(2.) The Returning Officer shall determine the objection forthwith on receipt of the answer of the person objected to, or if no answer is received within a period of five days after the posting of the notice, then after the expiration of that period.

25. Before determining an objection, the Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.

26. Upon determining an objection the Returning Officer shall send notice of his decision to the objector if the objector is not the Registrar and to the person objected to if the person objected to has answered the objection within the prescribed period.

27.—(1.) The Returning Officer shall fix the dates for—

(a) the nominations, and
(b) the polling.

(2.) The date fixed for the nomination of candidates shall be not less than fourteen nor more than twenty-one days after the date of the advertisement of the date, time and place for the receipt of nominations.

(3.) The date fixed for the polling shall be not less than twenty-one nor more than twenty-eight days after the date of nomination.

28.—(1) The form of nomination may be in accordance with Form 4, and shall—

(a) name the candidate, his place of residence, and occupation; and
(b) be signed by not less than two persons entitled to vote at the election.

(2.) The place of nomination shall be the office of the Returning Officer at Canberra.

(3). If one candidate only is nominated the Returning Officer shall declare that Candidate elected.

29.—(1.) The form of application for a postal vote certificate and a postal ballot-paper shall be in accordance with Form 5 in the Schedule to these Regulations.

(2.) The form of postal vote certificate shall be in accordance with Form 6 in the Schedule to these Regulations.

(3.) The form of postal ballot-paper shall be in accordance with Form 7 in the Schedule to these Regulations.

30.—(1.) If more than one candidate is nominated, the Returning Officer shall immediately make all necessary arrangements for taking the poll, and in particular shall—

(a) appoint a presiding officer to preside at each polling place, and all necessary poll clerks;
(b) provide and furnish proper polling booths and ballot-boxes; and
(c) provide ballot-papers and all necessary certified copies of the Roll.

(2.) No person under the age of twenty-one years shall be appointed to be a presiding officer.

31. No part of any premises licensed for the sale of intoxicating liquor shall be used for the purpose of any polling booth.

32. Polling booths shall have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot-papers, and each voting compartment shall be furnished with a pencil for the use of voters.

33.—(1.) Each polling booth shall be provided with the necessary ballot-boxes.

(2.) Each ballot-box shall have a cleft in the cover through which the ballot-papers may be deposited in the ballot-box, and shall be provided with means for securely closing the cleft. The ballot-box shall also be capable of being securely fastened by means of a lock.

34. The certified copy of the Roll to be used by a presiding officer at a polling place shall be a copy of the Elector’s Roll certified by the Returning Officer, and shall before the hour of commencing the poll be delivered to the presiding officer for his guidance during the polling.

35. Ballot-papers other than postal ballot-papers to be used in an election may be in accordance with the Form 8.

36. In printing the ballot-papers—

(a) the names of all candidates duly nominated shall be printed in alphabetical order according to their surnames;
(b) if there are two or more candidates of the same surname, their names shall be printed according to the alphabetical order of their christian names, or, if their christian names are the same, then according to the alphabetical order of their residences, which shall in such case be arranged and stated on the ballot-paper; and
(c) where similarity in the names of two or more candidates is likely to cause confusion, the names of such candidates may be arranged with such description or addition as will distinguish them one from another.

37. No ballot-paper shall be delivered to any voter without being first initialed by the proper officer in the space provided for the purpose, and an exact account shall be kept of all initialed ballot-papers.

38.—(1.) Scrutineers may be appointed by candidates to represent them at polling places during the polling, but so that not more than one scrutineer shall be allowed to each candidate at each polling booth.

(2.) Appointments of scrutineers shall be made by notice in writing or by telegram addressed to the Returning Officer or presiding officer, and such notice or telegram shall be signed by the candidate, and shall give the name and address of the scrutineer.

39.—(1.) A scrutineer shall not—

(a) interfere with or attempt to influence any elector within the polling booth; or
(b) communicate with any person in the polling booth except so far as is necessary in the discharge of his functions.

Penalty: Five pounds.

(2.) A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and during his absence, a relieving scrutineer may act in his place, but so that only one scrutineer for each candidate shall be entitled to be present in the polling booth or subdivision of the polling booth at any one time.

(3.) A scrutineer who commits any breach of this section, or who misconducts himself, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth by any constable or person authorized by the presiding officer to remove him.

40. No candidate shall in any way take part in the conduct of an election, and no person, other than the presiding officer, poll clerks, and scrutineers, and the electors voting and about to vote, shall be permitted to enter or remain in the polling booth during the polling except by permission of the presiding officer.

41. The polling shall be conducted as follows: —

(a) Before any vote is taken the presiding officer shall exhibit the ballot-box empty, and shall then securely fasten its cover;
(b) The poll shall open at eight o’clock in the morning, and shall not close until all electors present in the polling booth at eight o’clock in the evening, and desiring to vote, have voted;
(c) The doors of the polling booth shall be closed at eight o’clock in the evening, and no person shall be admitted after that hour to the polling booth for the purpose of voting;
(d) At the close of the poll the presiding officer shall, in the presence of the poll clerk and of any scrutineers who may be in attendance, publicly close, fasten, seal, and take charge of the ballot-box, and with the least possible delay forward it for the purposes of scrutiny, and it shall on no account be opened except as allowed by these Regulations.

42. Every person claiming to vote at any polling booth shall state his christian name and surname, and, if so desired by the presiding officer, for the purpose of identifying the name under which the vote is claimed, any other particulars necessary to be stated in the Roll.

43.—(1.) The presiding officer—

(a) shall put to every person claiming to vote the following questions:—
(i) Have you already voted either here or elsewhere at this election? and
(b) may, and at the request of any scrutineer shall also put all or any of the following questions:—
(ii) Are you the person whose name appears as (here state name under which the person claims to vote) on the certified copy of the Roll?
(iii) Are you of the full age of twenty-one years?
(iv) Are you a natural-born or naturalized subject of the King?
(v) Are you qualified to vote?

(2.) If any person claiming to vote to whom any of the foregoing questions are put:—

(a) refuses to answer fully any question so put to him;
(b) does not answer the question numbered (i) absolutely in the negative, when put to him; or
(c) does not answer the questions numbered (ii), (iii), (iv) and (v) absolutely in the affirmative, when put to him,

his claim to vote shall be rejected.

(3.) The voter’s answer to any question put to him by the presiding officer under the authority of this regulation shall be conclusive, and the matter shall not be further inquired into during the polling.

44.—(1.) The presiding officer or a poll clerk shall at the polling hand to each person claiming to vote a ballot-paper duly initialed by the presiding officer—

(a) if the name under which he claims to vote is on the certified copy of the Roll and his right to vote is not challenged; or
(b) if the name under which he claims to vote is on the certified copy of the Roll and his right to vote is challenged, and his answers to the prescribed questions show that he is entitled to vote.

(2.) The presiding officer, at the request of a scrutineer, shall note any objection by the scrutineer to the right of any person to vote, and shall keep a record thereof.

(3.) If the presiding officer puts to any person all or any of the prescribed questions, his right to vote shall be deemed to have been challenged.

45. Immediately upon handing the ballot-paper to the person claiming to vote, the presiding officer or a poll clerk shall place a mark against the person’s name on the certified copy of the Roll if his name is on that certified copy.

46. Except as otherwise provided in these Regulations the voter upon receipt of the ballot-paper shall without delay—

(a) retire alone to some unoccupied compartment of the booth, and there, in private, mark his vote on the ballot-paper in the manner hereinafter described;
(b) fold the ballot-paper so as to conceal his vote and to show clearly the initials of the presiding officer, and exhibit it so folded to the presiding officer, and then forthwith openly, and without unfolding it, deposit it in the ballot-box; and
(c) quit the booth.

47.—(1.) If any voter satisfies the presiding officer that his sight is so impaired or that he is so physically incapacitated that he is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot-paper for him.

(2.) If any such voter fails to appoint a person in pursuance of the last preceding sub-section, or if any voter satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, the presiding officer, in the presence of such scrutineers as are present, or, if there be no scrutineers present, then in the presence of—

(a) the poll clerk; or
(b) if the voter so desires, in the presence of a person appointed by such voter, instead of the poll clerk,

shall mark, fold, and deposit his ballot-paper for him.

48. If any voter before depositing his ballot-paper in the ballot-box satisfies the presiding officer that he has spoilt the ballot-paper by mistake or accident, he may, on giving it up, receive a new ballot-paper from the presiding officer, who shall there and then cancel the spoilt ballot-paper, write the word “spoilt” across the face thereof, place it in an indorsed envelope and forward it to the Returning Officer after the polling.

49. A voter shall mark his vote on his ballot-paper in the manner indicated on the ballot-paper.

50. The result of the polling shall be ascertained by scrutiny.

51. Each candidate may by notice in writing or by telegram addressed to the Returning Officer or Assistant Returning Officer, as the case requires, appoint one scrutineer to represent him at the scrutiny at each place at which the scrutiny is being conducted, and such notice or telegram shall be signed by the candidate and shall give the name and address of the scrutineer.

52. The scrutiny shall be conducted as follows:—

(a) It shall commence as soon as practicable after the closing of the poll;
(b) Such scrutineers as have been duly appointed pursuant to last preceding regulation, and any persons approved by the officer conducting the scrutiny, may be present;
(c) All the proceedings at the scrutiny shall be open to the inspection of the scrutineers.

53. The provisions of the Electoral and Referendum Regulations relating to the scrutiny of postal ballot-papers used in a House of Representatives election shall apply as far as they are applicable to the scrutiny of postal ballot-papers used in the election.

54.—(1.) If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper “admitted” or “rejected”, according to his decision to admit or reject the ballot-paper.

(2.) Nothing in this regulation shall prevent the officer conducting the scrutiny from rejecting any ballot-paper as being informal although it is not objected to.

55.—(1.) A ballot-paper shall be informal if—

(a) it is not authenticated by the initials of the proper officer, or by an official mark as prescribed by these Regulations;
(b) it has no vote indicated on it, or it does not indicate the voter’s first preference for one candidate, and in the case of any election where there are more than two candidates his contingent votes for all the remaining candidates:
Provided that where there are not more than two candidates the voter’s preference for one candidate shall be deemed to be sufficiently indicated in the case of a ballot-paper marked so as to indicate the voter’s first preference only;
(c) it has upon it any mark or writing (not authorized by these Regulations to be put upon it) by which, in the opinion of the Returning Officer, or the Assistant Returning Officer, as the case requires, the voter can be identified:
Provided that paragraph (c) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of these Regulations; and
(d) in the case of a postal vote it is not contained in the envelope bearing the postal vote certificate.

(2.) A ballot-paper shall not be informal for any reason other than the reasons specified in this regulation, but shall be given effect to according to the voter’s intention so far as his intention is clear.

56. Except as authorized by these Regulations, an officer shall not place upon any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.

Penalty: Ten pounds.

57. The scrutiny of ballot-papers shall, subject to the provisions of these Regulations, be conducted in the following manner:—

The Returning Officer shall, in the presence of a presiding officer or poll clerk and of such authorized scrutineers as may attend and of any other persons approved by the Returning Officer—
(a) open all ballot-boxes received from all polling places;

(b) reject all informal ballot-papers and arrange the unrejected ballot-papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate;
(c) count the first preference votes given for each candidate on all unrejected ballot-papers; and
(d) place in a separate parcel all the ballot-papers which have been rejected as informal.

58.—(1.) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(2.) If no candidate has received an absolute majority of first preference votes the Returning Officer shall proceed with the scrutiny and the counting of the votes as follows:—

(i) the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference;
(ii) if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes, and counting each of his ballot-papers to the unexcluded candidate next in the order of the voter’s preference, shall be repeated until one candidate has received an absolute majority of votes; and
(iii) the candidate who has received an absolute majority of votes shall be elected.

(3.) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded; and if in the final count two candidates have an equal number of votes, the Returning Officer shall decide by his casting vote which shall be elected, but, except as provided in this sub-regulation, he shall not vote at the election.

(4.) In this section an absolute majority of votes means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers. The casting vote of the Returning Officer, given in pursuance of the last preceding sub-regulation, shall be included in reckoning an absolute majority of votes.

(5.) The Returning Officer shall—

(a) place in a separate parcel all the ballot-papers which have been rejected as informal;
(b) place in a separate parcel all the unrejected ballot-papers; and
(c) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.

59.—(1.) The Returning Officer shall, as soon as conveniently may be after the result of the election has been ascertained—

(a) make out and sign a statement setting out the number of first preference votes counted for each candidate and the number of informal ballot-papers and, if any further count was made in order to determine the result of the election, the particulars of each such count;
(b) forward to the Minister of State for Home and Territories a copy of the statement referred to in (a);
(c) at the place of nomination publicly declare the result of the election and the name of the candidate elected; and
(d) insert a notification in the Commonwealth Gazette setting out the name of the candidate elected.

60.—(1.) The Returning Officer and every Assistant Returning Officer, presiding officer, substitute presiding officer, poll clerk, and scrutineer shall make and subscribe an undertaking in accordance with Form 9.

(2.) An omission by any officer or scrutineer to sign or subscribe the undertaking required by this regulation shall not be a ground for setting aside any election.

61. The official mark for the authentication of ballot-papers shall be a watermark in the paper thereof consisting of a representation of a shield having therein the letters “C.A.” intertwined.

62. The notice of withdrawal by a candidate of his consent to nomination may be in accordance with Form 10, and shall be signed by the candidate in the presence of the officer with whom the nomination was lodged or of a Justice of the Peace.

63. The Returning Officer shall preserve all the sealed parcels of ballot-papers for a period of six months when they shall be destroyed.

64. Strict compliance with the forms in the Schedule shall not be required, and substantial compliance shall suffice for the purposes of these Regulations.

THE SCHEDULE.

Form. 1.

Regulation 9.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

electors’ roll.

No., Name in Full, Place of Living, Occupation, Property Qualification, and Sex of each Elector.

(Here follow Names, &c.)

Footnote.—M signifies Male. F. signifies Female.

Form 2.

Regulation 14.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

electoral claim.

To the Electoral Registrar.

I, of

(Name in full) (Address)

declare that—

(Occupation and Sex)

The claimant should strike out whichever of the paragraphs numbered 2 are not applicable.

(1) I am at least twenty-one years of age and am a natural-born or naturalized subject of the King.
(2) For a period of at least one month immediately preceding the day of
19 , I have been in occupation as a tenant or sub-tenant, or as one of several tenants or sub-tenants holding in joint tenancy of tenancy in common of the whole or a portion of (a) situate at under a tenancy, the rent under which is at the rate of not less than Fifteen pounds a year for the tenant or sub-tenant or for each of the several tenants or sub-tenants;*
or
(2) I am the person for the time being entitled to receive the rack-rent of property being (b) situate at , or who would be so entitled if the property were let to a tenant at a rack-rent;
or
(2) On the day of 19 , I was the lessee under or the person entitled to, a lease from the Commission for a period of not less than one month of land situate at
(3) I claim to have my name and particulars for enrolment placed on the Electors’ Roll to be prepared by the Chief Electoral Officer in pursuance of the said Act.

Signature of Claimant

Dated
Witness

(An elector or a person qualified to be an elector of the Territory or of the Commonwealth).

Address of Witness
Occupation of witness

(a) Here insert “house”, “warehouse”, “office” or “shop” or where a building other than a house, warehouse, office or shop has been occupied, the approximate description of the building, as the case requires.
(b) Here insert description of property.
* Where a tenant or sub-tenant sub-lets the whole or any portion of life premises the rent payable by him shall be deemed to be reduced by the rent payable to him by his sub-tenant.

Form 2a.

Regulation 14.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

Nomination of person as an Elector in respect of property owned or occupied by a body corporate or body of trustees

The (a)

being a {body corporate/body of trustees} and being the {owner/occupier} of (b)

situate at (c)

hereby nominate (s) of

(name in full)

(Address)

as an elector in respect of the property above

(occupation)

described.

Dated at the day 19 .

Electoral Claim of Nominee.

I, of

(name in full) (address)

declare that

(occupation and Sex)

(1) I am at least twenty-one years of age and am a natural born or naturalized subject of the King.
(2) I claim to have my name and particulars for enrolment placed on the Electors’ Roll to be prepared by the Chief Electoral Officer in pursuance of the said Act.

Signature of Claimant

Dated
Witness

(An elector or a person qualified to be an elector of the Territory or of the Commonwealth.)

Address of witness
Occupation of witness

(a) Here insert the designation of the body corporate or body of trustees.

(b) Here insert “house”, “warehouse”, “office”, or “shop”, or where a building other than a house, warehouse, office or shop is owned or occupied, the approximate description of the building, as the case requires.

(c) Here insert location of property.

Form 3

Regulation 23.

(Form to be used by an Elector or by an Officer (not being the Registrar) when lodging an objection.)

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

notice of objection.

To the Returning Officer

I object to the name of—

Number on Roll.

Surname.

Christian Names at full length.

Place of Living as appearing on Roll.

Occupation.

Property Qualification.

Place of abode for time being, if known to the objector.

being retained on the Electors’ Roll on the ground that (here insert ground of objection).

(Signature)

(Occupation)

(Address)

Dated the day of 19 .

Form 4.

Regulation 28.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

nomination of third commissioner.

To the Returning Officer.

We, the undersigned electors on the Electors’ Roll, and entitled to vote at the Election of the Third Commissioner, do hereby nominate (here insert the christian name or names in full, surname, place of residence, and, occupation of person nominated)as the Third Commissioner.

Dated the day of 19 .

Signature of Nominator.

Place of Living.

I, of consent to the above nomination, and to act, if elected, and declare that I am qualified under the Seat of Government (Administration) Act 1924–1928 to be elected as the Third Commissioner.

(Signature of Candidate).

Witness
Address
N.B.—The Candidate’s consent to the nomination and his declaration of qualification may be on a separate paper and in any form, but if given on the nomination paper in the above form their sufficiency is not to be questioned.
A nomination must be signed by not less than two persons entitled to vote at the election for which the candidate is nominated.

Form 5.

Regulation 29.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

application for a postal vote certificate and a postal ballot-paper.

This application should be made and sent, before polling day, to the Returning Officer, Canberra.

An application shall not be deemed to have been duly made, and a Postal Vote Certificate or Postal Ballot-paper shall not be issued in respect of it, unless the application reaches the Returning Officer before six o’clock in the afternoon of the day immediately preceding polling day.

In order that a Postal Ballot-paper may be admitted to the scrutiny the envelope in which it is contained must be received, prior to the close of the Poll, by the Returning Officer.

To the Returning Officer, Canberra.

(a) I,
hereby apply for a Postal Vote Certificate and a Postal Ballot-paper to enable me to vote by post at the next forthcoming Election of the Third Commissioner.
I declare—
(1) That I am an elector enrolled on the Electors’ Roll.
(2) That the ground on which I apply to vote by post is—
(a) that I will not throughout the hours of polling on polling day be within the Territory;
(b) that I will not throughout the hours of polling on polling day be within five miles by the nearest practicable route of any polling booth open in the Territory;
(c) that I am seriously ill or infirm, and by reason of such illness or infirmity will be precluded from attending at any polling booth in the Territory to vote;
(d) that I will, by approaching maternity, he precluded from attending at any polling booth in the Territory to vote; or
(e) That I will not, between the date of the nomination of the candidates and polling day be within the Territory under conditions that will permit of my voting in the Territory.

Note.—The voter will strike out any of the above grounds which do not apply to his or her particular case.

(3) That my place of living at the time when the Postal Vote Certificate and the Postal Ballot-paper would be delivered in the ordinary course of post, will be as follows:—

An Elector shall not make, and a person shall not induce an Elector to make, any false statement in an application for a Postal Vote Certificate and a Postal Ballot-paper, or in the declaration contained in such application.

Penalty: Fifty pounds, or imprisonment for one month.

(a) Here insert christian names, surname, place of living, and occupation as appearing on the Roll.

* The witness must be an elector of the Territory or of the Commonwealth.

Form 6.

Regulation 29.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

postal vote certificate.

I hereby certify that of

is entitled (subject to the provisions of the Seat of Government Electoral Regulations) to vote by post in respect of the Election of the Third Commissioner to be held on the day of

192

.

Returning Officer

or

Assistant Returning Officer.

Date / / 192 .

Signature of Elector

(In his own handwriting.)

Signed by the Elector (in his own handwriting) in my presence—
Signature of Authorized Witness—
(In his own handwriting.)
Title, under which Witness acts as Authorized Witness—
Address of Authorized Witness—

Date / / 19 .

Authorized Witnesses.—The following persons are authorized witnesses, namely—

[Here insert the list of persons who are prescribed to be authorized witnesses.]

No person who is a candidate at an election shall be an Authorized Witness at that election.

Front of Form.

Form 7.

Regulation 29.

The Elector should carefully read the directions for his guidance printed on this ballot-paper, and in particular note that he must not mark his vote thereon until after he has first exhibited the ballot-paper (unmarked) to the Authorized Witness.

COMMONWEALTH O.F AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act .1924–1928.

election of third commissioner.

Postal Ballot-paper.

CANDIDATES.

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

Note.—Unless the Elector’s vote is marked on this Ballot-paper on or before Polling Day, namely the day of

192 , and is received by the Returning Officer, at or before eight o’clock in the evening of that day, it will not be admitted to the scrutiny.

[See other side.]

Form 7—continued.

[Back of Form.]

Directions to Elector and Authorized Witness.

(a) The elector shall exhibit his unmarked postal ballot-paper and his postal vote certificate to the authorized witness.

(b) The elector shall then and there, in the presence of the authorized witness, sign his name in his own handwriting on the postal vote certificate, in the place provided for the signature of the voter.

(c) The authorized witness shall then and there sign his name in his own handwriting on the postal vote certificate in the place provided for the signature of the authorized witness, and shall add the title under which he acts as an authorized witness and the date.

(d) The elector shall then and there, in the presence of the authorized witness, but so that the authorized witness cannot see the vote, mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires), in the squares opposite their names, so as to indicate the order of his preference for them, and shall fold the ballot-paper so that the vote cannot be seen, and hand it so folded to the authorized witness.

(e) The authorized witness shall then and there place the ballot-paper in the envelope addressed to the Returning Officer, fasten the envelope, and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer.

(f) If the elector’s sight is so impaired that he cannot vote without assistance, a person appointed by the elector shall mark the elector’s vote on the ballot-paper in the presence of the authorized witness, and shall then and there fold the ballot-paper so that the vote cannot be seen, place the ballot-paper in the envelope addressed to the Returning Officer, fasten the envelope, and hand it to the voter, who shall forthwith post or deliver it, or cause it to be posted or delivered, to the Returning Officer. Provided that if no person is appointed by the elector, the authorized witness, if so requested by the elector, shall take the action required by this paragraph to be taken by a person appointed by the elector.

Further Directions to Authorized Witness.

The authorized witness shall not, unless the elector’s sight is so impaired that he cannot vote without assistance, and no person is appointed by the elector to mark his vote for him, look at or make himself acquainted with the vote given by the elector, and, except as provided in paragraph (f) of the preceding Directions, shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote, or to assist the elector to vote, or to interfere in any way with the elector in relation to his vote.

Every authorized witness shall—

(a) comply with the preceding Directions in so far as they are to be complied with on his part;
(b) see that the preceding directions are complied with by every elector voting by post before him, and by every person present when the elector votes; and
(c) refrain from disclosing any knowledge of the vote of any elector voting by post before him.

Penalty: One hundred pounds, or imprisonment for three months.

Form 7—continued.

Duty of Persons Present when an Elector Votes by Post.

Any person present when an elector is before an authorized witness for the purpose of voting by post shall—

(a) obey all directions of the authorized witness; and
(b) except as provided in paragraph (f) of the above Directions—
(i) refrain from making any communication whatever to the elector in relation to his vote;
(ii) refrain from assisting the elector or in any manner interfering with him in relation to his vote;
(iii) refrain from looking at the elector’s vote or from doing anything whereby he might become acquainted with the elector’s vote.

Penalty: One hundred pounds, or imprisonment for three months.

Penalty for Unlawfully marking Ballot-paper.

No person other than—

(a) an elector to whom a postal ballot-paper has been issued; or
(b) a person appointed by the elector or an authorized witness, acting in pursuance of paragraph (f) of the Directors to Elector and Authorized Witness, assisting an elector whose sight is so impaired that he cannot vote without assistance,

shall mark a vote upon a postal ballot-paper.

Penalty: One hundred pounds, or imprisonment for six months.

Form 8.

Regulation 35.

Ballot-paper.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

election of third commissioner.

Directions.—The elector should mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference; and must give contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite their names, so as to indicate the order of his preference for them.

CANDIDATES.

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

Form 9.

Regulation 60.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

undertaking to be made by officers and scrutineers.

I, [here insert name, address and occupation] do hereby promise and undertake that I will faithfully perform the duties of [here insert name of office held by the person signing undertaking] to the best of my understanding and ability, and that I will not directly or indirectly attempt to influence the vote of any elector, or, except by recording my vote as allowed by law, the result of any election, and that I will not disclose any knowledge officially acquired by me touching the vote of any elector, except in reply to a question which I am legally bound to answer.

Signature—

Dated the day of 19 .

Witness to signature—

Form 10.

Regulation 62.

COMMONWEALTH OF AUSTRALIA.

The Territory for the Seat of Government.

The Seat of Government (Administration) Act 1924–1928.

form of withdrawal by candidate of consent to nomination.

To the Returning Officer—

I [here insert christian names, surname, place of residence and occupation] do hereby withdraw my consent to nomination as Third Commissioner.

Dated the day of 19 .

(Personal signature of Candidate.)

Dated at [here insert place] the day of 19 .

Witness—

Note.—To be signed in the presence of the Officer with whom the nomination was lodged or of a Justice of the Peace.

By Authority: H. J. Green, Government Printer, Canberra.

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Seat of Government Electoral Regulations (Cth)

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